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AO1 - 2021 - ATTY CHRISTINE-CASCADING 456 Final
AO1 - 2021 - ATTY CHRISTINE-CASCADING 456 Final
ORDER NO. 01
Series of 2021
Revised Guidelines and Procedures on
the Parcelization of Landholdings with
Collective Certificate of Land
Ownership Award
ADMINISTRATIVE
ORDER NO. 2, 2019
GUIDELINES AND PROCEDURES ON THE PARCELIZATION OF LANDHOLDINGS
WITH COLLECTIVE CERTIFICATE OF LAND OWNERSHIP AWARD
3
Legal Basis :
Section 25 of Republic Act No. 6657, as
amended by Republic Act No. 9700
Coverage:
Shall only cover the
parcelization of all landholdings
with CCLOAs issued by the DAR
1. to farmers’ cooperative,
2. farmers’ association,
3. organized group of ARBs, or
4. several ARBs not organized.
Definition of Terms
7
Actual Occupants
Definition of words
Collective Owners
1. ARBs whose names were annotated or listed in the registered CCLOA
except those ARBs who have been excluded by a final and executory
order;
2. ARBs whose names were not originally annotated in the CCLOA but their
names are in the DAR master list/ list of ARBs/ Farmer’s Information
Sheet at the time of CCLOA registration and subsequently annotated in
the CCLOA;
3. ARBs whose names were included in the Order of Inclusion issued by
the Regional Director/ Secretary which has become final and executory
and subsequently annotated in the CLOA.
12
Collective Tillage
▰ Common Use Areas – areas for common use by all ARBs such as, but not
limited to, hacienda roads, road right of way or other legal easements,
irrigation and drainage canals, public infrastructures, etc. and which are
awarded collectively to the ARBs
▰ Common Service Facilities- fixed common agricultural service facilities,
such as, but not limited to, warehouses, nursery areas, processing plants
and dryers, which are for common use and benefit of the ARBs, as may
be defined by DAR
14
Order of Parcelization
Qualified ARBs
Sworn Undertaking
“
Statement of
Policies
”
27
a. The current farm management system of c. The ARBs are currently not farming
the land covered by CARP will not be individual parcels but are collectively
appropriate for individual farming of farm working on large contiguous areas; or
parcels. d. The farm consists of multiple crops being
b. The farm labor system is specialized where farmed in an integrated manner or includes
the farmworkers are organized by functions non-crop production areas that are
and not by specific parcels such as necessary for the viability of farm
spraying, weeding, packing, and other operations, such as packing plants, storage
similar functions. areas, dikes and other similar facilities that
cannot be subdivided or assigned to
individual farmers.
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▰ The DAR recognizes the individual ARBs as collective owners of the awarded land,
even if the same is registered under the name of the cooperative, group, or
organization to which the individual ARB is a member at the time of CCLOA
registration
▰ The names of all the collective owners should be inscribed in the face or annotated
on the dorsal portion of the CCLOA
▰ The ownership of the land is vested on the individual ARBs, not the cooperative,
association, organization, or group under whose name the CCLOA was registered.
29
▰ In case the LH covered by the CCLOA is determined with a portion partly A&D
lands, partly timberland/inalienable and /or partly unclassified public forests,
the following shall be observed:
▪ Segregate and parcelize the portions found as A&D lands,
timberland/inalienable and/or unclassified public forests;
▪ Ensure the following:
• Portion of LH as A&D lands and the portion of LH as
timberland/inalienable and/or unclassified public forests shall be
reflected by the Geodetic Engineer who conducted the
segregation/subdivision survey in the segregation/subdivision
survey plan prior to its approval by the DENR
34
▰ Based on the ASP, the c-titles for individual and/or group of ARBs shall be
generated, registered and issued by the ROD pursuant to Chapter 8 of this AO
▰ The generated, registered and issued c-Titles by the ROD on the A&D portion
of the LH shall be annotated at the dorsal portion of the CCLOA
▰ The timberland/ inalienable and/or unclassified public forests shall remain in
the CCLOA. The generation, registration and issuance of the c-Titles of the
unclassified public forest portion of the CCLOA shall proceed after the
issuance of a Presidential Proclamation classifying said portion as agricultural
and open for disposition upon the recommendation of the DENR
35
▰ In case when a group of ARBs is drawn, the lot drawn shall be allocated
to the first “ARB in the group” and the succeeding lot numbers in the
schematic plan will be assigned/allocated to the other ARBs in the order
as listed in the paper until the last member of the group is
given/assigned a lot
▰ The MARPO/Designated Personnel shall submit duly signed report on
the result of the equitable lot distribution conducted
▰ Report- cause the issuance of an Order of Parcelization as basis of the
ROD to cancel the CCLOA and the subsequent generation, registration
and issuance of c-title
41
Otherwise…
Conditions.. (continuation)
▰ That the lot/s shall be exclusively utilized for the purpose of being
actually utilized for public purpose;
▰ That the lot/s shall not be sold, transferred or in any manner
encumbered;
▰ That the lot/s shall be maintained and developed in accordance with
existing rules and regulations
▰ That all expenses for the acquisition, registration of transfer
documents, including fees, taxes or charges, if there is any, shall be
borne exclusively by the transferee
54
▰ General Rule: husband and wife are considered as one ARB with THREE
(3) hectares as award limit
▪ Hence: “Spouses…” shall appear in the CLOA
▰ Farmers who are husband and wife directly working on the subject land
maybe entitled to THREE (3) hectares each PROVIDED, that they are
qualified as ARBs in their own respective vested rights to the said land
which have been duly established
• Hence: Juan married to Maria; Maria married to Juan indicating the
first named as the awardee
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Process Flow
57
Process Flow
Generation,
Updating/
Prioritization of Registration and
Firming up the Generation of
Inventory and CCLOA for Field Validation Issuance of
List of Collective Parcelization Parcelization Land
Verification of Parcelization of the Status of Computerized
Owners of the Process Scheme Distribution
CCLOAs (preparation of CCLOAs Title (c-Title) or
Awarded Land Information
List of CCLOA) new collective
Schedule
c-Title
PARCELIZATION PROCESS
Milestones/ Context Diagram
Input-Process-Output
FO3/
CLOAIS
INVENTORY REPORT
PROCESSING REPORTS
I. CONDUCTS CCLOA INVENTORY FOR THE FIRMING UP OF
AND STATUS DATA GATHERING THE MASTERLIST OF ARBs
ASP
_______
IV. GENERATION, REGISTRATION AND _______
_______
ISSUANCE OF INDIVIDUAL CLOA/ _______
_______
COMPUTERIZED (C-TITLE) _______ c-Titles
_______
59
CLOAIS/ FO
Generates
FILE 3
List of CCLOA
DATABASE List of CCLOA under SPLIT
I-4. Checking if
I-2. Projection I-3. Checking of Checks availability if
CCLOA is
of CCLOA on CTCT if ARBs ASP for Redoc at
subject to legal
LC Map are annotated DARPO
case
Tags as Workable/
Not Workable for
SPLIT
Updated Inventory of CCLOA
END
Thank you!
Atty. Christine M. Pul-oc
Attorney V – DAR-CAR
62
Hyperlinks
Inventory and Verification of
CCLOAs (CLOA-IS/FO File #3)
1. Annotation of ARBs in
CCLOAs
2. Land Type
3. Survey Status
4. ARB Group/ Type
5. Actual Land Use of the LH
6. CCLOAs subject of cases
OUTPUT: Inventory Report and
Processing Reports for the
Firming up of Masterlist of
ARBs
▰ With annotation
▰ Without annotation
• With duly approved
and certified
Masterlist of ARBs
• Without duly
approved and
certified Masterlist
of ARBs
64
Land Type
▰ LBP compensable
land
▰ Government owned
lands (GOL)
▰ Landed Estates
▰ Lands under Voluntary
Land Transfer (VLT)
THE DARPO shall verify the land
classification of the LHs covered by
CCLOA
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By survey status
▰ With ASP
▰ Without ASP
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ARB group /type
▰ ARB Cooperative
▰ ARB Association
▰ Organized group of
ARBs other than a
cooperative or
association
▰ Non-organized
group of ARBs
67
▰ Actual Use of the LH
▰ CCLOAs subject of
cases
• With pending
cancellation case
• With pending ALI
case
• With finex
decision
68
Prioritization of CCLOA for
Parcelization
69
2. GOLs which include the
following:
-lands within DAR Settlement
Areas
- Lands turned over to the
DAR by other government
agencies and institutions (EO
407, s. 1990; 448 S. OF 1991,
506, S. OF 1994)
- KKK lands distributed per
Pres Proc. 2282, S. 1983
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3. Landed Estates;
4. Lands under VLT
*in all cases big LHs
shall be given
priority/preference
in the parcelization
of existing CCLOs
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Field Validation of the Status
of the CCLOAs
74
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1. Annotation of the Names of ARBs in the CCLOA (no annotations in the CCLOA)
In case there is a protest filed for the inclusion/exclusion of the ARB, the following
shall apply:
1. In case a petition for inclusion in or exclusion of ARBs in the Masterlist/List of
ARBs/Co-owners is filed/pending with the RD/Secretary- the PARPO II shall
proceed with the parcelization of the unaffected area without prejudice to the
outcome of the petition involving the substantial rights of the ARBs;
2. Upon FINEX judgment on the petition, the PARPO II shall request the ROD to
annotate the inclusion/exclusion of ARBs in the CCLOA based on the amended
masterlist
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Parcelization Process
A consultation meeting with the ARBs whose names are annotated in the CCLOA shall be conducted
1. Notice of Meeting to all registered ARBs ( written in both English and the local dialect)
✓ To be posted at the municipal and barangay halls where the property is located and in the LH
✓ Bulletin Board preferably water resistant materials, measuring not less than 2x3 ft.
2. Barangay Official shall certify the fact of posting
3. Consultation meeting to be conducted by the MARPO/ designated personnel – parcelization process, the
schedule of activities, documentary requirements from the ARBs
4. The DARMO/ DARPO shall prepare and maintain the minutes of the meeting indicating the issues,
discussions, and agreements made by the parties.
5. Execution of Lot Allocation Agreement (CARPER LAD Form No. 70-E) by the ARBs, including the heirs of a
deceased ARB, indicating the manner the land shall be allocated to each of them, the respective size/ area,
and location designated to the individual and or group of ARBs.
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6. In case of a deceased original ARB- anyone among the heirs may represent the
deceased original ARB
7. The corresponding Lot Allocation Agreement shall be signed by all the ARBs and
anyone among the heirs of the deceased original ARBs as their representative, verified
under oath before the concerned PARPO II
8. In case of failure to execute a Lot Allocation Agreement – follow MC 6, 2014 or
conduct of raffle (3.8); in this case MARPO shall submit the duly signed report on the
conducted equitable lot allocation.
9. Report of the MARPO- basis of the issuance of the ROD to cancel the CCLOA and the
subsequent generation, registration and issuance of the c-Titles
Parcelization Scheme
Existing Common Service Facilities, Structures, and other improvements – portions of LH covered by
the CCLOA with existing common service facilities , structures, and other improvements and those
found to be with very minimal agricultural yield shall be segregated and tiled as follows:
1.For PAL with common service facilities, infrastructure and/or improvements that are considered
necessary and beneficial to the operations of the farm/plantation, there shall be issued another
CCLOA and this shall equally be amortized by the collective owners/ARBs; the CCLOA shall be
issued in the names of all the ARBs in the parcelized CCLOA
╺ For common use areas such as roads, irrigation system, school sites, hospitals, recreation
area/parks, and the like, there shall be issued an RP title through the DAR, for proper turn-
over to appropriate agencies. The acquisition cost shall be paid by the government
83
▰ For CCLOAs with ASP, the DARPO shall conduct ground validation to
determine if the said ASP is still reflective of the actual situation on the
ground
▰ Otherwise, as in the case where there is change in the number of ARBs,
or change in the land use (ie: eroded portion, presence of roads and
other facilities) or actual occupation of ARBs, are not in conformity with
the plan, among others, an amendment of the survey plan of the LH shall
be undertaken
86
▰ Upon receipt of the ASP with narrative TD from the DENR Regional
Office-Technical Services, the following shall be observed:
╺ The PARPO II shall request the ROD (CARPER LAD Form 70-G) for
the
╺ Generation, registration and issuance of c-title using the
appropriate ROD Judicial Form;
╺ Issuance of separate/regular titles for the landowner’s
retained area and non-coverable area/s other than for
common use, if any,
88
▰ If found in order, the PARPO II shall confirm the generated c-titles with the ROD
and the authority to affix the digital signature of the DAR Secretary on the verified
error- free c-titles, copy furnished the Regional Director (CARP Form No. 70-J)
▰ Authority of the PARPO II to confirm the use of the Secretary’s digital signature by
the ROD in c-titles is a delegated authority provided in this Administrative Order;
this revokes the delegated authority of the Regional Director on the use of the
signing machine of the DAR Secretary
▰ In case of errors, inform the ROD (CARP Form No. 70-K);
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▰ The ROD then registers and issue the c-titles based on the
PARO II confirmation
▰ ROD shall annotate at the dorsal portion of the CCLOA all
registered and issued individual c-titles
▰ ROD releases the registered copies of the c-titles to
DARPO for distribution/issuance to the concerned ARBs
92
EXCLUSION REQUIREMENT/CHECKLIST
2. Investigation Report with attached Minutes of Meeting, required under the DAR Revised ALI Templates 2012,
recommending the disqualification and exclusion of herein Respondent as he was identified as neither an actual
occupant nor tiller during the conduct of redocumentation in the subject landholding;
3. Amended Master List of Qualified Agrarian Reform Beneficiaries showing the names of those identified as
farmer beneficiaries in the subject landholding during the redocumentation.
4. Certification issued by the Barangay Agrarian Reform Committee (BARC) Chairman that herein Respondent is
neither an actual occupant, claimant nor actual tiller in the subject landholding;
5. Certificate of Posting and No Protest issued certifying that the Notice of Pendency of herein Petition was posted
in three (3) conspicuous places ( in the barangay hall, in the provincial office and in the landholding itself for
fifteen (15) days. Furthermore, a certification that the registered owners of the subject landholding were given
notice of the filing of the Petition and that no protest was filed by any individual against the said Petition; and
6. Affidavit executed by herein Respondent declaring that he is neither an actual occupant, claimant nor actual
tiller of any portion of the subject landholding.
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