INCLUSION/EXCLUSION/DISQUALIFICATION OF ARBs

I.

INTRODUCTION
This template may serve as a guide in cases where the main issue is the inclusion,
exclusion and disqualification of agrarian reform beneficiaries (ARBs).
Unless otherwise stated, the provisions of this template are based on DAR Administrative
Order No. 07, Series of 2011, effective 15 October 2011.

II.

CHECKLIST OF DOCUMENTARY REQUIREMENTS

IN ALL CASES
[]
A.

MARO Report/On-Site Inspection Report

INCLUSION OF FARMER-BENEFICIARIES FROM THE MASTERLIST OF

POTENTIAL AGRARIAN REFORM BENEFICIARIES

General requirements
[]

Master List of Agrarian Reform Beneficiaries (CARP-LAD Form No. 33);

[]

Request/Petition to be included as Potential ARB in the Preliminary List of

ARBs (CARP-LAD Form No. 25);

[]

Notice of Disqualification as Agrarian Reform Beneficiary (CARP-LAD

Form No. 31), if petitioner was disqualified from being included in the Preliminary
List or Updated Preliminary List of Agrarian Reform Beneficiaries;
[]

If there is no Notice of Disqualification as ARB, MARO's Certification to

that effect
[]

Leasehold contract and/or proof of tenancy papers (if available);

Proofs of general qualifications of ARBs:

1.

A farmer/tiller who owns less than three (3) hectares of agricultural land
[]

Any document of probative value such as:

Certificate of aggregate landholdings of the ARB

issued by the city/municipal/provincial assessor

2.

Certified copy of land titles

Certified copy of tax declarations

Filipino citizen
[]

Any document of probative value showing Filipino citizenship

such as:

3.

Voter's identification card

Certified true copy of voter's registration record

Birth Certificate

Resident of the barangay (or the municipality if there are not enough

qualified ARBs in the barangay)

[]

Any document of probative value such as:

Barangay certificate indicating potential ARBs as bona

fide residents of the barangay and/or municipality

4.

Valid postal identification card

At least fifteen (15) years of age at the time of identification, screening and

selection of farmer-beneficiaries; and

[]
as:

Any document of probative value showing date of birth such

Birth certificate

Voter's identification card or certified copy of voter's

registration record

5.

Marriage License/Marriage Contract

Affidavit of two (2) Disinterested Persons

Willing, able and equipped with the aptitude to cultivate and make the land

productive.
[]

Affidavits of two (2) disinterested persons to that effect.

[]

Sworn Statement to that effect by the potential ARB

[]

BARC Certification

Proofs of specific qualifications for farmworkers in commercial farms or plantation

in addition to the General Qualifications stated above:

Must have been employed in the landholding covered under CARP to be

deemed a regular farmworker.

[]

Any document of probative value such as:

Social Security System (SSS) identification card for

farmworkers;

Employment certificate indicating length of service

and/or periods of employment in the commercial farm or

plantation, if applicable;

Payslips or payroll, if applicable;

Original or certified true copy of a favorable decision,

order or ruling by a court, quasi-judicial body or administrative

agency in the event that there was a case related to the
dismissal, retrenchment, etc., of the potential ARB;
Proofs of qualifications of a landowner's child as preferred beneficiary
1.

Child of landowner;
[]

2.

Any document of probative value such as:

Birth certificate

Baptismal certificate

Filipino citizen;
[]

Any document of probative value showing Filipino citizenship

such as:

3.

Voter's identification card

Certified copy of voter's registration record

At least fifteen (15) years of age as of the issuance of 15 June 1988; and
[]

4.

Any document of probative value such as:

Birth certificate

Voter's identification card

Certified copy of voter's registration record

Actual tiller or directly managing the farm as of the time of conduct of field

investigation of the landholding under CARP

[]

On-site inspection report showing such fact,

[]

Affidavits of two (2) disinterested persons to that effect, and

Additional requirement:
In no case may the distribution of lands to preferred beneficiaries deprive
each of the agricultural lessees and tenants of being awarded the portion of the
landholding they are actually tenanting/leasing, which in no case shall be more
than three (3) hectares.
[]

Certificate of aggregate landholding from the City/Municipal/Provincial

Assessor (DAR AO No. 6, Series of 2006, Section 5.2.3.3)

B.

EXCLUSION OF FARMER-BENEFICIARIES FROM THE MASTERLIST

General requirement
[]

Master List of Agrarian Reform Beneficiaries (CARP-LAD Form No. 33);

Proof of grounds for exclusion

1.

Failure to meet the qualifications as provided in Section 22 of R.A. No. 6657, as

amended:
All ARBs must be:
i.

A farmer/tiller who owns less than three (3) hectares of

agricultural land;
ii.

A Filipino citizen;

iii.

A resident of the barangay (or the municipality if there are not

enough qualified ARBs in the barangay);

iv.

At least fifteen (15) years of age at the time of identification,

screening, and selection of farmer-beneficiaries; and

v.

Willing, able, and equipped with the aptitude to cultivate and

make the land productive.

[]
2.

Any document of probative value that will establish such failure.

Voluntary execution of a waiver of right to become an ARB in exchange for due

compensation, and such waiver has not been questioned in the proper government entity as
of the effectivity of DAR A.O. No. 07, Series of 2011 (October 15, 2011), or as of date of
approval of DAR A.O. No. 2, Series of 2009 (October 15, 2009), whichever is applicable;

3.

[]

Original or certified true copy of waiver of right, and

[]

Receipt/s of payment of due compensation (if available)

With respect to commercial farms, termination from the service for cause as of the

date as of the effectivity of DAR A.O. No. 07, Series of 2011 (October 15, 2011), or as of
date of approval of DAR A.O. No. 2, Series of 2009 (October 15, 2009), whichever is
applicable; unless a complaint for illegal dismissal regarding the said termination is
pending, in which case the termination must be affirmed with finality by the proper entity
of the government;
[]

Notice of dismissal,

[]

Original or certified copy of decision, order or ruling by a

court, quasi-judicial body or administrative agency, and

[]

Certified Copy of entry of judgment issued by the clerk of

court, quasi-judicial agency or administrative body.

4.

Retrenchment from the farm and receipt of separation pay, and the retrenchment

not having been appealed or questioned in the proper government entity as of the date of
approval (not effectivity) of DAR A.O. No. 7, Series of 2003 (18 December 2003);

[]

Notice of retrenchment,

[]

Receipts of separation pay, and

[]

Certification from the pertinent court or administrative agency

that there is no case filed questioning the retrenchment.

5.

Holding managerial or supervisory positions as of the issuance of the NOC shall

not qualify as ARBs.

However, farmworkers who were promoted to managerial or

supervisory positions after they were identified, screened, and selected

shall remain as qualified ARBs.
[]

Certificate of employment showing relevant dates and

positions
6.

Voluntary resignation or voluntary retirement from the service, provided this was

not attended by coercion and/or deception, and there is no case questioning said voluntary
retirement or voluntary resignation by the applicant as of the date of effectivity of DAR
A.O. No. 07, Series of 2011 (October 15, 2011), or as of date of approval of DAR A.O.
No. 2, Series of 2009 (October 15, 2009), whichever is applicable;
[]

Resignation/retirement letter

[]

Certification from employer

[]

Certification from pertinent court or administrative agency that

there is no case filed questioning the retirement or alleging resignation

attended by coercion or deception.
7.

Material misrepresentation of the ARB's basic qualifications under Section 22 of

R.A. No. 6657, as amended by R.A. No. 9700, P.D. No. 27, and other agrarian laws.
[]

Copy of falsified document

[]

Certified true copy of the true document

[]

Affidavits of two (2) disinterested persons setting out facts of

the misrepresentation, and

[]
8.

BARC Certification

Final judgment for forcible entry or illegal detainer by persons who are originally

not qualified to be agrarian reform beneficiaries, the unlawful entry of which would have
allowed them to avail the rights and benefits of an agrarian reform beneficiary:
[]

Original or certified true copy of the decision of the proper

Municipal Trial Court, and

[]

Copy of the entry of judgment issued by the clerk of the proper

Municipal Trial Court.

9.

With respect to foreclosed landholdings, the landowner thereof and/or his children,

but only insofar as the same foreclosed landholding is concerned, where the redemption
period has already expired and which land is to be subsequently covered under CARP. The
LO and or his children cannot qualify as an ARB on the foreclosed land, notwithstanding
his/her/their being in actual possession and cultivation thereof.
[]

Original or certified true copy of the decision of the proper

court on the foreclosure, and

[]

Certified True Copy of the entry of judgment issued by the

clerk of the proper court.

[]
10.

Proof of filiation, in case of child/ren of former landowner.

Landowners who have voluntarily offered their landholdings for coverage under

CARP, and those who have previously waived their rights to retain, are disqualified from
becoming ARBs of other landholding/s being covered or to be covered under CARP.

The LO's voluntary offer or his previous waiver is construed to

be an inability and/or unwillingness to cultivate the land and make it

productive.
[]

Any document of probative value that will establish the VOS,

or waiver
11.

Commission of any violation of the agrarian reform laws and regulations, or related

issuances, as determined with finality after proper proceedings by the appropriate tribunal
or agency.
[]

Certified True Copy of the judgment of the appropriate tribunal

or agency, and
[]
C.

Certified True Copy of the entry of judgment.

DISQUALIFICATION OF FARMER-BENEFICIARIES WHO HAVE PASSED THE

SCREENING PROCEDURE
Proof of grounds for disqualification existing before award of EP/CLOA
See grounds for exclusion of farmer-beneficiaries from the masterlist
Proof of grounds for disqualification existing after award of EP/CLOA ( in effect grounds
for cancellation of EP/CLOA)
1.

Deliberate and absolute failure of the ARB to pay an aggregate of three (3) annual

amortizations to the LBP and subsequent failure to exercise the right of

redemption/repurchase within two (2) years, provided that:

an amortization table has been issued to the ARB, and

the amortizations shall start one (1) year from the ARB's actual

occupancy pursuant to Section 26 of R.A. No. 6657, as amended;

[]

LBP certification of non-payment of an aggregate of three

annual amortizations, and

[]
2.

Copies of all receipts of payments

Deliberate and absolute non-payment of three (3) consecutive amortizations in case

of a voluntary land transfer/direct payment scheme, provided that:

the ARB has been installed and is in actual possession of the

land, except when the non-possession of the ARB is attributable to his

or her own fault;
[]
3.

Copies of all receipts of payments

Misuse or diversion of financial and support services extended to ARBs pursuant to

Section 37 of R.A. No. 6657, as amended:

[]

Affidavits of two (2) disinterested persons showing facts of

such misuse or diversion, and

[]

Certified True Copy of the contract or document stating the

kind of financial support extended by the government

4.

Negligence or misuse of the land or any support extended by the government as

provided in Section 22 of R.A. No. 6657, as amended:

[]

Affidavits of two (2) disinterested persons,

[]

Certified True Copy of the contract or document stating the

kind of support extended by the government,

[]

DA Certification on the non-productivity of the land, stating

the causes of non-productivity, and

[]

Recent photographs of the land (taken within the week prior to

filing of the petition)

5.

Material misrepresentation of the ARB's basic qualifications under Section 22 of

R.A. No. 6657, as amended by R.A. No. 9700, P.D. No. 27, and other agrarian laws.
[]

Copy of falsified document,

[]

Certified True Copy of the true document,

[]

Affidavits of two (2) disinterested persons setting out facts of

the misrepresentation, and

[]
6.

BARC Certification

Sale, transfer, lease, or any other form of conveyance by a beneficiary of the right

of ownership, right to use, or any other usufructuary right over the land acquired by virtue
of being such beneficiary, in violation or circumvention of the ten (10)-year prohibitory
period under provisions of Sections 27 and 73 of R.A. No. 6657, as amended by R.A. No.
9700, P.D. No. 27, or when the awarded land has not been fully paid by the ARB, or
abandonment of the lands awarded by the government under the CARP or PD No. 27 for a
period of two (2) years (applying RA 3844 by analogy), and other agrarian law.
For sale or disposition:
[]

Certified True Copy of the Certificate of Land Ownership

Award (CLOA),
[]

Certified True Copy of the deed of sale,

[]

BARC Certification showing facts of sale or disposition of the

land,
[]

DAR Certification on non-issuance of clearance for the sale or

disposition,
[]

LBP Certification showing that the ARB has not yet fully paid

for the awarded land,

[]

Affidavits of two (2) disinterested persons

For abandonment:
[]

Certified True Copy of the Certificate of Land Ownership

Award (CLOA),
[]

BARC Certification showing facts of abandonment of the land

for two (2) years,

[]

Recent photographs of the land (taken within the week prior to

filing of the petition), and

[]
7.

Affidavits of two (2) disinterested persons

Premature conversion by the ARB pursuant to Section 11 of R.A. No. 8435

[]

BARC Certification showing facts of the conversion

[]

DAR Certification on non-issuance of conversion order and

non-existence of application for conversion

[]

Recent photographs of the land (taken within the week prior to

filing of the petition)

8.

Commission of any violation of the agrarian reform laws and regulations, or

related issuances, as determined with finality after proper proceedings by the appropriate
tribunal or agency
[]

Certified True Copy of the judgment of the appropriate tribunal

or agency, and
[]

Certified True Copy of the entry of judgment

NOTE: Under DAR Opinion No. 18, Series of 2006, the refusal of the identified
farmer-beneficiaries to sign the Land Valuation and Farmer's Undertaking and their noncooperation in the documentation process is tantamount to waiver of rights that would
warrant their disqualifications to become CARP beneficiaries. Proof of such refusal and
non-cooperation may include (1) affidavits of two (2) disinterested persons, and (2)
MARO report containing facts constituting refusal and non-cooperation of the identified
farmer-beneficiaries.
III.

JURISDICTION
A.

Under Section 50 of RA 6657, the DAR is vested with primary jurisdiction

to determine and adjudicate agrarian reform matters and shall have exclusive
original jurisdiction over all matters involving the implementation of agrarian
reform, except those falling under the exclusive jurisdiction of the Department of
Agriculture (DA) and the Department of Environment and Natural Resources
(DENR).
B.

Under Rule 1, Section 2 of DAR AO No. 3, Series of 2003, in relation to

Rule II, Section 7 of DAR AO 3, Series of 2003, the Regional Director shall
exercise primary jurisdiction over cases involving classification, identification,
inclusion, exclusion, qualification and disqualification of potential/actual farmer
beneficiaries.
C.

Under Rule II, Section 10 of AO 3, Series of 2003, the Secretary shall

exercise appellate jurisdiction over all ALI cases, and may delegate the resolution
of the appeals to any Undersecretary.
IV.

STANDING
A.

Who may file: (Item D.4.a of the operating procedures of DAR AO No. 2, Series of

2009 as amended by A.O. 7 series of 2011)

1.

Any potential ARBs, and

2.

Concerned parties, such as:

farmer's organizations whose members are potential ARBs to

the subject land, and

Provincial Agrarian Reform Officer in his official capacity,

who is also empowered to file actions for cancellation of EPs and

CLOAs (DAR AO No. 3, Series of 2009 and A.O. No. 6, Series of 2011)
B.

Who cannot file:

Landowners cannot file petitions for inclusion, exclusion and disqualification, as

implied in Hermoso, et al., v. C.L. Realty (G.R. No. 140319, 5 May 2006).
V.

TIMELINESS

A.

Within fifteen (15) days after the posting of the BARC Certified Master List, the

landowner or any of the potential beneficiaries may file a written protest thereon. The
parties concerned, especially the persons to be excluded, shall be duly notified by the
PARO of the proceedings and the decision.
The BARC Certified Master List of qualified ARBs becomes final after the lapse of
fifteen (15) days from issuance of the PARO's decision on the protest and receipt of the
same by the parties.
B.

Any person who disagrees with the PARO's decision/s or order/s for

inclusion/exclusion of potential ARBs in/from the Master List may file a verified petition
for inclusion/exclusion against the ARBs therein in accordance with existing ALI rules.
VI.

DETERMINATION OF THE APPROPRIATE ACTION

A.

PETITION FOR INCLUSION OF FARMER-BENEFICIARIES FROM THE

MASTERLIST OF POTENTIAL AGRARIAN REFORM BENEFICIARIES

1.

Grant the petition if:

Applicant possesses all qualifications and none of the

disqualifications set forth in Part II-A of this template.

2.

Deny the petition if:

Petitioner fails to satisfy any one (1) of the qualifications but

possesses none of the disqualifications;

Petitioner satisfies all qualifications but possesses at least one

(1) disqualification.
B.

PETITION FOR EXCLUSION OF FARMER-BENEFICIARIES FROM THE

MASTERLIST
1.

Grant the petition if:

Respondent fails to satisfy any one (1) of the qualifications but

possesses none of the disqualifications;

Respondent satisfies all qualifications but possesses at least one

(1) disqualification.
2.

Deny the petition if:

Respondent possesses all qualifications and none of the

disqualifications set forth in Part II-B of this template.

C.

PETITION FOR DISQUALIFICATION OF FARMER-BENEFICIARIES WHO

HAVE PASSED THE SCREENING PROCEDURE

Disqualification existing before award of EP/CLOA
1.

Grant the petition if:

Respondent fails to satisfy any one (1) of the qualifications but

possesses none of the disqualifications

Respondent satisfies all qualifications but possesses at least one

(1) disqualification
2.

Deny the petition if:

Respondent possesses all qualifications and none of the

disqualifications set forth in Part II-B of this template (as referred to by

Part II-C).
Disqualification after award of EP/CLOA
Pursuant to A.O. 6, Series of 2011, the RD may dismiss the case without prejudice
to the filing of the appropriate action for cancellation before the proper PARAD.
NOTE: An action is an attack on a title when the object of the action or proceeding
is to nullify the title, and thus challenge the judgment pursuant to which the title was
decreed. The attack is direct when the object of an action or proceeding is to annul or set
aside such judgment, or enjoin its enforcement. On the other hand, the attack is indirect
or collateral when, in an action to obtain a different relief, an attack on the judgment
is nevertheless made as an incident thereof. (Mallilin, Jr. v. Castillo 389 Phil. 153, 165
(2000) as cited in Berboso v. Hon. Court of Appeals et al., G.R. Nos. 141593-94 (July 12,
2006)
VII.

APPEALS
A.

Appeal to the Secretary (DAR AO No. 3, Series of 2003)

When to Appeal
(1)

Within fifteen (15) days from receipt of the Regional Director's

final order (A.O. No. 3, Series of 2003, Section 27).

(2)

A motion for reconsideration of the DAR Secretary's order shall

be filed within fifteen (15) days from receipt of such order (AO 3,
Series of 2003, Section 32).

Where to Appeal
Appeals from the decision of he Regional Director shall be made by filing

in the same regional office which issued the adverse decision a notice of appeal
with proof of payment of the requisite appeal fee (AO 3, Series of 2003, Section
28).
B.

Grounds for appeal (DAR A.O. No. 3, Series of 2003):

Serious errors in the findings of fact or conclusion of law which may cause

grave and irreparable damage or injury to the appellant (Section 25.1); or

Coercion, fraud, or clear graft and corruption in the issuance of a decision

(Section 25.2).
VIII.

APPLICABLE PRINCIPLES, LAWS, RULES, POLICIES

A.

GUIDING PRINCIPLES
1.

1987 Philippine Constitution

(a)

Article XII, National Economy And Patrimony

Section 1.

The goals of the national economy are a more

equitable distribution of opportunities, income, and wealth; a sustained

increase in the amount of goods and services produced by nation for
the benefit of the people; and an expanding productivity as the key to
raising the quality of life for all, especially the under-privileged.

The State shall promote industrialization and full employment

based on sound agricultural development and agrarian reform, through
industries that make full and efficient use of human and natural
resources, and which are competitive in both domestic and foreign
markets. However, the State shall protect Filipino enterprises against
unfair foreign competition and trade practices. . . .
(b)

Article XII. Agrarian And Natural Resources Reform

Section 4.

The State shall, by law, undertake an agrarian

reform program founded on the right of farmers and regular

farmworkers who are landless, to own directly or collectively the lands
they till or, in the case of other farmworkers, to receive a just share of
the fruits thereof. . . .
Section 5.

The State shall recognize the rights of farmers,

farmworkers, and landowners, as well as cooperatives, and other

independent farmers' organizations to participate in the planning,
organization, and management of the program, and shall provide
support to agriculture through appropriate technology and research,
and adequate financial, production, marketing, and other support
services.
2.

R.A. No. 6657, Comprehensive Agrarian Reform Law (CARL)

(a)

Section 2.

Declaration of Principles and Policies. . . . The

agrarian reform program is founded on the right of farmers and regular

farm workers, to receive a share of the fruits thereof. . . .
The State may resettle landless farmers and farm workers in its
own agricultural estates, which shall be distributed to them on the
manner provided by law.
B.

LEGAL PROVISIONS
1.

R.A. No. 6657, Comprehensive Agrarian Reform Law (CARL)

Section 22. Qualified Beneficiaries. The lands covered by the

CARP shall be distributed as much as possible to landless residents of the

same barangay, or in the absence thereof, landless residents of the same
municipality in the following order of priority:
(a)

agricultural lessees and share tenants;

(b)

regular farm workers;

(c)

seasonal farm workers;

(d)

other farm workers;

(e)

actual tillers or occupants of public lands;

(f)

collective or cooperatives of the above beneficiaries; and

(g)

others directly working on the land.

Provided, however, that the children of landowners who are qualified under
Section 6 of this Act shall be given preference in the distribution of the land of
their parents; and: Provided, further, that actual tenant-tillers in the landholding
shall not be ejected or removed therefrom.

Beneficiaries under Presidential Decree No. 27 who have culpably sold,

disposed of, or abandoned their land are disqualified to become beneficiaries under
their program.
A basic qualification of a beneficiary shall be his willingness, aptitude and
ability to cultivate and make land as productive as possible. The DAR shall adopt a
system of monitoring the record or performance of each beneficiary, so that any
beneficiary guilty of negligence or misuse of the land or any support extended to
him shall forfeit his right to continue as such beneficiary. The DAR shall submit
periodic reports on the performance of the beneficiaries to the PARC.
Section 23. Distribution Limit. No qualified beneficiary may own more
than three (3) hectares of agricultural land.
Section 25. Award Ceilings for Beneficiaries. Beneficiaries shall be
awarded an area not exceeding (3) hectares, which may cover a contiguous tract of
land or several parcels of land cumulated up to the prescribed award limits.
For purpose of this Act, a landless beneficiary is one who owns less than
three (3) hectares of agricultural land.
2.

R.A. No. 9700

SEC. 8.

There shall be incorporated after Section 22 of Republic Act

No. 6657, as amended, a new section to read as follows:

"SEC. 22-A. Order of Priority. A landholding of a landowner shall be
distributed first to qualified beneficiaries under Section 22, subgraphs (a) and
(b) of that same landholding up to a maximum of three (3) hectares each. Only
when these beneficiaries have all received three (3) hectares each, shall the
remaining portion of the landholding, if any, be distributed to other
beneficiaries under Section 22, subgraphs (c), (d), (e), (f), and (g)."
3.

P.D. No. 27
Under PD 27, only tenants on rice and corn can be qualified as

beneficiaries. Therefore, take note the proof of facts under the general
qualifications of ARBs.
C.

IMPLEMENTING RULES AND REGULATIONS

1.

Administrative Orders
i.

DAR A.O. No. 07, Series of 2011, Revised Rules and

Procedures Governing the Acquisition and Distribution of Private

Agricultural Lands Under Republic Act (R.A.) No. 6657, As Amended
(Effective 15 October 2011)
ii.

DAR A.O. No. 2, Series of 2009, Rules of Procedure

Governing the Acquisition and Distribution of Agricultural Lands

under R.A. No. 6657 as amended by R.A. No. 9700 (Effective 31
October 2009)
iii.

DAR A.O. No. 4, Series of 2008, Supplemental Guidelines on

AO 7 Series of 2003 on the Identification, Screening and Selection of,

and Distribution to Agrarian Reform Beneficiaries (ARBs) of Private
Agricultural Lands Under R.A. No. 6657 (Effective 29 June 2008)

iv.

DAR A.O. No. 6, Series of 2006, Revised Guidelines on Award

to Children of Landowner Pursuant to Section 6 and 22 of R.A. No.

6657 (Dated 6 September 2006. Took effect ten (10) days after
publication.)
v.

DAR A.O. No. 7, Series of 2003, Identification, Screening and

Selection of, and Distribution to Agrarian Reform Beneficiaries

(ARBs) of Private Agricultural Lands under R.A. No. 6657 (Effective
8 January 2004)
vi.

DAR A.O. No. 3, Series 2003, 2003 Rules for Agrarian Law

Implementation Cases (Effective 8 February 2003)

vii.

DAR A.O. No. 9, Series of 1998, Rules and Regulations on the

Acquisition, Valuation, Compensation and Distribution of Deferred

Commercial Farms (Effective 4 January 1999)
viii.

DAR A.O. No. 6, Series of 1998, Rules and Regulations

Governing the Acquisition and Distribution of Commercial Farms

under Deferment (Effective 25 May 1998)
ix.

DAR A.O. No. 2, Series of 1994, Rules Governing the

Correction and Cancellation of Registered/Unregistered EPs and

CLOAs Due to Unlawful Acts and Omissions or Breach of Obligations
of ARBs and for Other Causes (Effective 25 March 1994)
x.

DAR A.O. No. 2, Series of 1992, Supplemental Guidelines on

A.O. No. 10, Series of 1990 and other Issuances on the Rights of
Farmworkers (Effective 14 February 1992)
xi.

DAR A.O. No. 10, Series of 1990, Rules and Procedures in the

Distribution of Private Agricultural Lands to ARBs under R.A. No.

6657 (Dated 30 August 1990, took effect ten (10) days after
publication. Repealed by A.O. No. 3, Series of 2003)
2.

Memorandum Circulars
Memorandum Circular No. 4 Series of 1994 (Clarificatory
Guidelines Concerning the Award to Children under Sections 6 and 22 of
R.A. 6657)

3.

DAR Opinions
i.

DAR Opinion No. 26 Series of 2006, 29 June 2006, on the

jurisdiction of DAR in the screening, selection and identification of

farmer-beneficiaries
ii.

DAR Opinion No. 18 Series of 2006, 29 June 2006, on

qualification of preferred beneficiary (children of landowner)

iii.

DAR Opinion No. 14 Series of 2006, February 2006, on dual

citizenship
iv.

DAR Opinion No. 21 S. 2001/1 October 2001 (if the awarded

land is abandoned or culpably sold by the beneficiary)

v.

DAR Opinion No. 22 Series of 2005, 1 August 2005

(Farmworker promoted to managerial position)

vi.

DAR Opinion No. 7 Series of 2005, 10 November 2005

(CLOA as collateral)
IX.

JURISPRUDENCE
A.

ROMANITA CONCHA ET AL. VS. PAULINO RUBIO, G.R. NO. 162446,

MARCH 29, 2010

DAR has the authority to determine who are qualified to be CARP beneficiaries;
DARAB has no appellate jurisdiction over the DAR.
"The finding of the MARO declaring petitioners as beneficiaries of the land in dispute
must, therefore, be accorded respect. It should also be equally binding on the DARAB
for the simple reason that the latter has no appellate jurisdiction over the former. The
DARAB cannot review, much less reverse, the administrative findings of DAR.
Instead, the DARAB would do well to defer to DAR's expertise when it comes to the
identification and selection of beneficiaries, as it did in Lercana where this Court noted
with approval that, in the dispositive portion of its decision, left to the concerned DAR
Offices the determination of who were or should be agrarian reform beneficiaries."
B.

TARONA vs. COURT OF APPEALS, G.R. No. 170182, June 18, 2009
Irrelevance of the issue of CARP coverage to tenancy issues
In any event, the resolution of the issue of whether the entire property or only part

of it is subject to CARP coverage has no bearing on the issue in this case, i.e. whether
petitioners can be considered bona fide tenants of herein private respondents.
C.

FERDINAND DELA CRUZ, ET AL., VS. AMELIA QUIAZON, G.R. NO.

171961, NOVEMBER 28, 2008

The intention to abandon implies a departure, with the avowed intent of
never returning, resuming or claiming the right and the interest that have been
abandoned; Immigration of the original farmer-beneficiary . . . did not necessarily
result in the abandonment of the landholding, considering that one of his sons, . . .,
continued cultivating the land.
"Abandonment requires (a) a clear and absolute intention to renounce a right or claim
or to desert a right or property; and (b) an external act by which that intention is
expressed or carried into effect. The intention to abandon implies a departure, with the
avowed intent of never returning, resuming or claiming the right and the interest that
have been abandoned. The immigration of the original farmer-beneficiary . . . did not
necessarily result in the abandonment of the landholding, considering that one of his
sons, . . ., continued cultivating the land. Personal cultivation, as required by law,
includes cultivation of the land by the tenant (lessee) himself or with the aid of the
immediate farm household, which refers to the members of the family of the tenant and
other persons who are dependent upon him for support and who usually help him in the
[agricultural] activities."
D.

DEPARTMENT

OF

AGRARIAN

REFORM

VS.

POLO

COCONUT

PLANTATION CO., INC., ET AL., G.R. No. 168787, 3 SEPTEMBER 2008

DAR has the authority to determine who are qualified to be CARP beneficiaries;
Section 22 of the CARL does not limit qualified beneficiaries to tenants of the landowners.
"Determining whether or not one is eligible to receive land involves the administrative
implementation of the program. For this reason, only the DAR Secretary can identify

and select CARP beneficiaries. Thus, courts cannot substitute their judgment unless
there is a clear showing of grave abuse of discretion.
Section 22 of the CARL does not limit qualified beneficiaries to tenants of the
landowners. Thus, the DAR cannot be deemed to have committed grave abuse of
discretion simply because its chosen beneficiaries were not tenants of PCPCI."
E.

SONNY B. MANUEL VS. DEPARTMENT OF AGRARIAN REFORM

ADJUDICATION BOARD, G.R. NO. 149095, 24 JULY 2007

DAR has the authority to determine who are qualified to be CARP beneficiaries;
Includes authority to select a substitute to a previously designated beneficiary.
"Inherent in the power of DAR to undertake land distribution for agrarian reform
purposes is its authority to identify qualified agrarian reform beneficiaries. Corollary to
it is also the authority of DAR to select a substitute to a previously designated
beneficiary who may have surrendered or abandoned his claim, and to reallocate the
land awarded to the latter in favor of the former."
F.

RODOLFO HERMOSO, ET AL., VS. C.L. REALTY CORPORATION, G.R. NO.

140319, MAY 5, 2006

Landowners do not have the right to choose when the beneficiaries designated
turned out to be disqualified the right to select is still with the MARO/PARO:
Denying a landowner the right to choose a CARP beneficiary is, in context,
only proper. For a covered landholding does not revert back to the owner even if
the beneficiaries thus selected do not meet all necessary qualifications. Should it be
found that the beneficiaries are indeed disqualified, the land acquired by the State
for agrarian reform purposes will not be returned to the landowner but shall go
instead to other qualified beneficiaries.
While farmers or farm workers already in place should be given
preferential rights in the distribution of lands, even people living outside of the
barangay where the property is situated may be qualified as CARP beneficiaries:
Another argument was that some of the beneficiaries were not even
residents of Brgy. Alas-asin where the land is located. It ought to be pointed out,
however, that the petitioners were residents of neighboring barangays, many of
which were within walking distance from Brgy. Alas-asin. While farmers or farm
workers already in the place should be given preferential rights in the distribution
of lands, even people living outside of the barangay where the property is situated
may be qualified as CARP beneficiaries. . . .
Section 22 of the CARP law provides merely for an order of priority in the
distribution of the land to beneficiaries. In the case at bar, there appears to be no
applicants other than the petitioners. Thus, even if it be assumed that petitioners
fall under the last enumerated order of beneficiaries, namely, "others directly
working on the land," still they are qualified as beneficiaries since they are all
residents of Mariveles, Bataan, where the land is located, though not necessarily all
residents of the same barangay.
X.

STRUCTURE OF THE DECISION

A.

NATURE OF THE CASE

The opening paragraph should discuss the nature of the case. The reader

then knows specifically what the RD is being asked to decide. State how the matter
is before the RD. Identify the parties and the nature of the proceedings.
Example:
"This is a case involving a verified petition filed by _______________ for the
inclusion of ____________________ as ARB which was filed on
___________________ for the landholding with TCT ________________
located at ______________________ with an area _________________."
B.

FACTS

Those facts necessary to a disposition of the matter under consideration

should be set forth. Facts should be stated logically and concisely. A decision need
not and should not set forth all the facts that may be involved in the case. Only a
narrative statement of the controlling facts should be made. Controlling facts are
facts which, when added together, enable the judge to come to some factual
conclusion that affects the outcome of the case. The writer has to be selective; the
RD must know which facts are material to his readers and their understanding of
the decision. There must be no misstatement of facts. An improper factual
recitation can result in irreversible miscarriage of justice.
Example:
"Petitioner _________________ claims that he is a regular farmworker at the
_____________________

landholding

which

belongs

to

_______________________. The area was covered under CARP through the

issuance of NOC dated ___________________ which was received on
________________ by _______________. The verified petition for inclusion
was filed on ________________ at the ____________________ which is
_____ days from ______________."
C.

ISSUE/S

Once these preliminary matters have been covered, the writer must identify

the specific legal or factual issues to be discussed. State the issues simple enough
that even a non-lawyer, can read and understand. Discuss each issue individually.
Example:
"1.) Whether or not the applicant is qualified to be included as an ARB;
2.)

Whether or not the petition for inclusion was filed on time."

D.

LAW, RULES AND REGULATIONS AND JURISPRUDENCE

Next, systematically analyze the law, rules and jurisprudence (if there's any), as it

pertain to the facts of the case leading to the conclusions.

Example:
"Under Section 22 of R.A. 6657, as amended ______________________. This
is

further

clarified

by

A.O.

Series

of

2011

which

states

____________________________________________. The Supreme Court

decided

in

the

case

of

_______________________________

___________) that __________________________________."

E.

DECISION

(G.R.

Having covered each issue, the RD should summarize the dispositions by bringing

together the conclusions into a decision.

Example:
"From the records of the case, the petitioner has clearly proven that he is a
regular farmworker in the subject landholding and does not possess any of the
disqualifications provided by law. The application was filed within the oneyear prescriptive period pursuant to ___________________________. The
petitioner is therefore entitled to be included in the Master List of qualified
ARBs."