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It RRepublic of the Philippines

DEP RTMENT o GR RI N REFORM

Department of Agrarian Reform ..... ,ADMINISTRATIVE ORDER NO. _V1 I_Series of 2014

SUBJECT: RULES AND PROCEDURES FOR PRELIMINARY PROCESSING OFLAND ACQUISITION AND DISTRIBUTION OF PRIVATEAGRICULTURAL LANDS UPON REVOCATION BY THEDEPARTMENT OF AGRARIAN REFORM O FEXEMPTION/EXCLUSION CONVERSION ORDER

SECTION 1. Applicabili ty. - These rules shall apply to landholdings where the Secretary hasrevoked an Exemption/Exclusion or Conversion Order, but the issue has been appealed to, andis still pending with, the Office of the President.

SECTION 2. Preliminary Processing of the Land Acquisition and Distribution. - Uponreceipt by the DAR of the Notice of Appeal to the Office of the President of the decision of theSecretary revoking the Exemption/Exclusion or Conversion Order covering a particularlandholding; the Office of the Secretary, through the Undersecretary for Field Operations, shallissue a Memorandum directing the Provincial Agrarian Refonn Program Officer PARPO) toproceed with the land acquisition and distribution process of the subject land until the issuanceof the Memorandum of Valuation with the attached Land Valuation Worksheet by the LBP,unless otherwise suspended sooner by the Secretary, the Office of the President, or the SupremeCourt.

Upon confirmation by the Office of the President through a decision of the appeal or a Motionfor Reconsideration in the same Office) of the decision of the DAR to revoke theExemption/Exclusion or Conversion Order, notwithstmding a Petition for Certiorari or appealto the courts, the PARPO may proceed to serve the Notice of Land Valuation and Acquisitionand proceed with the rest of the land acquisition and distribution process thereafter, unlessotherwise ordered suspended by the Secretary, the Office of the President, or the SupremeCourt.

SECTION 3. Particular Notice of Coverage. - Upon receipt by the PARPO of th e directiveto proceed with the preliminary processing; he shall immediately initiate the process of theissuance of a Notice of Coverage particular to this Order . This particular Notice of Coveiageshall be fssued in the same manner, and to the same persons, as that of a Notice of Coverage.

The particular Notice of Coverage shall infonn the hndowner that the DAR shall proceed with the preliminary processing of the acquisition and distribution of the subject land until theissuance of the Memorandum of Valuation with the attached Land Valuation Worksheet by theLBP, and that it shall proceed thereafter should the Office of the President affinns the decisionof the Office of the Secretary n its decision to revoke the Exemption/Exclusion or ConversionOrder.

The particular Notice of Coverage must also state the periods for the LO to file a protest oncoverage, nomination of preferred beneficiary/les, manifestation for exemption/exclusion, and

Eiliptical Road, Oiliman, Quezon City Tel 632) 928-7031 to 39

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manifestation to exercise the right of retention, as well as to submit a duly attested list o f theagricultural lessees, farm workers, and/or tenants in his/ber/its landholding, together with theconsequences of the failure to exercise the rights during the said periods. The same Notice muststate in bold letters that the act of the landowner to nominate preferred beneficiaries, exercisethe right o f retention, and submit lists of tenants and farm workers shall not prejudicehis/her/its legal position in the pending appealed case in the OP.

SECTION 4. Period to Protest Coverage, Nominate Preferred Beneficiary/ies, File aManifestation for Exemption/Exclusion File a Manifestation to Exercise RetentionRights, Application/Petition for Exemption/Exclusion and to Choose a Retention Area.

t is incumbent upon the landowner, despite the pending appealed case, to conduct thefollowing within a non-extendible period of thirty (30) days ftom his receipt of the particular

o t i ~o f Coverage provided fo r in Section 3 hereof:

1. File a Protest against coverage, which must .be filed before the P ARPO andshould contain the substantial bases thereof;

2. Nominate child/ren wbo may qualify as preferred beneficiary/ies;

3. File a Manifestation for Exemption or Exclusion from CARP coverage beforethe PARPO; and

4. File a Manifes tation to Exercise the Right of Retention before the P ARO.

The failure to do any of the foregoing within the abovement ioned reglementary periods shall beconstrued as a waiver on the part of the LO of the right to protest coverage, to nominatechild/ ren as preferred beneficiary lies to file a petition for exemption or exclusion from CARPcoverage, and/or to exercise the right of retention, as the case may be. All protests,nominations, and manifestations/petitions made after this period shall no longer be accepted.

The Application/Petition for Exemption or Exclusion from CARP coverage'2 may be filedtogether with the above-mentioned Manifestation. f it is not filed jointly, the LO can file it,together with the documents required by the rules on exemption or exclusion, within sixty (60)days from receipt of the particular Notice of Coverage provided for in Section 3 hereof. Non-submission thereof within this reglementary period shall be construed as a waiver orabandonment o f his/her/its right to file said Petition for Exemption or Exclusion from CARPcoverage with re spect to the landholding covered.

The LO may choose a retention area at the same time that he/she/it manifested to exercise therigbt o f retention. If this is not done at the same time, the LO can choose the area within a non-extendible period o f fifteen (15) days after manifesting his/ber/its desire to exercise the said right.

It is understood that the protest to coverage, or the act of nominating a preferred beneficiary/iesor to file a manifestation to exercise retention, shall be contingent upon the final decision on theissue regarding the revocation of the exemption/exclusion or conversion order, and shalltherefore not be prejudicial to the case o f the landowner or developer against the saidrevocation. As such, the act of the landowner to nominate prefer red beneficiaries, exercise t heright o f retention, and submit lists of tenants and farm workers shall not prejudice his/her/itslegal position in the pending appealed case in the OP.

1 In case of a pending petition for revocation of a conversion o.rder. note that the submission of the Application forLand Use Conversion of the landholding (which was subsequently approved) was an implied acknowledgmentthat the portions of the landholding that were not developed during the required per iod is agricultural-in-natureand therefore any Petition for Exclusion based on the ground that it is not agricultural (such as DO] 44 or

developed 18% slope, among others) may be denied.1 Note that in case o f a pending petition for revocation of an exemption/exclusion order the DAR W:i ll not accept a

Petition for Exemption/EXclusion i f he gt'ound thereof i f the same as that being sought to be revoked.

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SECTION 5. Procedures in the Preliminary Processing. - AO. No.7, Series of 2011, asamended, shall govern the procedures in the actual preliminary processing of the acquisition anddistribution of the subject landholding.

SECTION 6. Issuance o Notices with Respect to Revocation of Exemption/Exclusionor Conversion Order Cases Pending in the DAR. - Notwithstanding Section 1 hereof, thefollowing procedure shall apply with respect to revocation of conversion order cases pending inthe DAR upon the effectivity of this A.O.:

The Undersecretary for Legal Mfairs is directed to issue immediately, via registered mail,Notices to all parties in all pending revocation of exemption/exclusion or conversionorder cases that pursuant to Section 30 of Republic Act R.A) No. 9700, which statestha t nv case and/ or proceeding involving the implementation of the provisions ofRepublic Act No. 6657, as amended, which may J emam pending on Tune 30.2014 shallbe aDowed to proceed to its JinaJityand be executed even beyond such date. , theDAR may proceed with the land acquisition and distribution process whenever the caseis resolved with finality in favor of the revocation of the conversion order.

The abovementioned Notice of the Undersecretary for Legal Affairs shall also state thatpursuant as well to the same provision of R.A No. 9700, the provisions of this AO.shall be implemented to decisions of the Secretary appealed to the Office of thePresiden t even if such transpired beyond 30 June 2014.

SECfION 7. Repealing Clause. All AO.s inconsistent herewith are hereby repealed,modified, and/ or amended accordingly.

SECTION 8. Separability Clause. Any judicial pronouncement declaring as unconstitutionalor invalid any provision of this AO. shall have no effect on the validity of the other provisionsnot affected thereby.

SECTION 9. Effectivity Clause. These Rules shall take effect ten 10) days after itspublication in two 2) newspapers of general circulation.

Diliman, Quezon City, N_1 _Y_l_5_2_01_4

V ~ ~ ~ Se

Depertment1 grerianReform

IIIII 111111II,1111111i111iiillih111111'Published in two (2) Nat ional Newspapersbl15I1 { iSU_14?f General Ci rcu l a t i on :

1 . 9usiness Mirror2 . Malaya Business s ~ t

Date of Publ ica t ion - May 22, 2014

J mphasis supplied

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It I Republic of the PhilippinesDEP RTMENT of GR RI N REFORM

CERTIFICATION

This is to certify that Administrative Order No. 05, Series of 2014 entitledRULES AND PROCEDURES FOR PRELIMINARY PROCESSING OF LAND

ACQUlSmON AND DISTRIBUTION OF PRIVATE AGRICULTURAL LANDSUPON REVOCATION BY THE DEPARTMENT OF AGRARIAN REFORM OFEXEMPTIONIEXCLUSION/CONVERSION ORDER was published today,Thursday, 22 May 2014 at Business Mirror and Malaya Business Insight newspapers.

Issued this 22th day of May 2014 for whatever purpose it may serve.

ERL

Ole

Elliptical Road, Diliman, Quezon City Tel (632) 928-7031 to 39