BRIEFER ON DAR ADMINISTRATIVE

ORDER NO. 03
Atty. Kevin Paul M. Laviña
SUBJECT:

•RULESGOVERNING THE
FORFEITURE OF THE AGRARIAN
REFORM PROGRAM AWARD
01 02 03
DAR has the DAR has the authority to The DAR must
administrative select a substitute to a proceed with forfeiture
prerogative of the DAR previously designated
beneficiary who may have
and strip a person of
to identify and select surrendered or abandoned the status of an ARB
ARB’s his claim and reallocate the ONLY in clear cases
DAR vs. DECS, G.R. No. 158228, land awarded to the latter in supported by
March 23, 2004 favor of the former. (Manuel uncontroverted facts.
vs. DARAB, G.R. No. 149095,
July 24, 2007)
 Definition of Terms
• Awarded Land: parcel of agricultural land which is covered by an
Emancipatio Patent (EP), an individual or collective Certificate of Land
Ownership Award (CLOA), or other Agrarian Reform Titles, the ownership and
possession of which is conferred in favor of the ARB.
• Forfeiture Action: is an ALI case resulting in the disqualification of an ARB
and the extinguishment of his/her rights, duties and privileges due to his/her
abandonment or surrender of the awarded land or acts and omissions
constituting violations of Agrarian Reform laws.
 Definition of Terms
• Clearing Actions: the process of removing the person(s) who is/are on
the awarded land, including the removal of any and all improvements on
the same. It also includes the harvest of the last crop, if any, prior to
reallocation.
• Reallocation: the process of selecting the person(s) who will be the
new ARB(s) and the installation of said person(s) on the said landholding
upon the finality of a decision in an ALI case in the disqualification of an
ARB(s) and upon the issuance of the Agrarian Reform title in the name of
the newly selected ARB(s).
Definition of Terms
• Retitling Actions: the process of cancelling the EP or the CLOA
registered in the name of the person whose Agrarian Reform award has
been forfeited and the issuance of a new title in the name of the Republic of
the Philippines unless the reallocate has already been identified.
SCOPE AND COVERAGE
These rules shall apply to ARBs who have not complied with the ten
(10) year holding period, and who have not fully paid for their awarded
lands as provided under Section 27 of RA No. 6657 , as amended. The
holding period commences from the receipt of a duly registered EP or
CLOA and their actual physical possession of the awarded land as
provided under Section 24 of R.A. No. 6657, as amended.
 ARTICLE III
GROUNDS FOR THE
FORFEITURE OF THE AWARD
Section 3. The following acts or omissions, which may be undertaken by the ARB or by any
person with the knowledge or consent of the ARB, shall result in the forfeiture of
the award without prejudice to any civil and/or criminal action, thus:

3.1 Misuse of financial and support services extended to the ARB

by any public or private entity as provided under P.D. No. 27,
R.A. No. 6657, as amended and other Agrarian Laws
3.2 Misuse of the land as provided under P.D. No. 27, R.A. No. 6657, as amended
and other Agrarian Laws.
3.3 Failure to continuously exhibit the willingness, aptitude, and ability to cultivate and
make the awarded land as productive as possible as provided under Section 22 of
R.A. No. 6657, as amended.
3.4 Illegal, premature, or other forms of unauthorized conversion punishable under R.A.
No. 8435, and other laws.
3.5 Fraud or misrepresentation in any of the information or undertaking required for an
application for land use conversion to be filed or actually submitted with the DAR as
provided under Section 65 of R.A. No. 6657, as amended, and the pertinent rules and
regulations of the DAR on conversion.
 3.6 Unauthorized transfer of the awarded land in circumvention of P.D. No. 27, R.A.
6657,
as amended, and other Agrarian laws.
3.7 Failure of the ARBs to pay at least three (3) annual amortizations to the Land Bank of
the Philippines (LBP), except in cases of fortuitous events and force majeure as
provided under Section 26 of R.A. No. 6657, as amended.
3.8 Any act or omission which directly or indirectly transfers ownership or possession of
the awarded land to any entity without the approval of the DAR.
3.9 Neglect or abandonment of the awarded land continuously for a period of two (2)
calendar years as provided under Section 22 of R.A. No. 6657, as amended.
3.10 Any act or omission constituting the malicious and willful prevention or obstruction
of the implementation of the CARP.
3.11 Any act or omission constituting culpable neglect or the willful violation of R.A. No.
6657, as amended, P.D. No. 27, and other Agrarian laws, as well as any and all
implementing rules and regulations implementing said laws including those issued
by the DAR on the basis of its rule making power under Section 49 of R.A. No. 6657,
as amended.
 ARTICLE IV
EFFECTS OF FORFEITURE
OF THE AWARD
Section 4. The forfeiture of the Agrarian Reform award shall result in the Following:

4.1 Termination of all the rights and privileges of an ARB prior to the forfeiture of the
award.
4.2 Extinguishment of the rights of ownership, use, and possession of the awarded land
prior to the forfeiture of the award.
4.3 Cancellation of the CLOA, or EP, or any other Agrarian Reform title and its
registration in the name of the Republic of the Philippines or a reallocate.
4.4 Removal of the person from the premises of the awarded land. This also includes the
eviction of any other person or groups on the awarded land, whether or not claiming
rights from the said disqualified beneficiary.
4.5 Removal of any and all improvements on the awarded land. The removal of other
improvements on the awarded land shall be undertaken by the former ARB within a
reasonable time prescribed by the DAR.
The Removal of the improvements introduced by the former ARB is without
prejudice to the right of the said person to harvest the last crop on the awarded land,
if any. Last crop refers to what has actually been sown, planted, and nurtured by the
former ARB.
4.6 Forfeiture of all previous payments made by the person which are to be treated as
rent, or payment, or damages. Arrears in the thirty (30) year amortization under
Section 26 of R.A. No. 6657, as amended, if any, as well as real property tax
deficiencies shall constitute as debt obligations of the person, notwithstanding the
forfeiture pf the award.
4.7 Substitution of the disqualified ARB by a person who complies with the requirements
under P.D. No. 27, R.A. No. 6657, as amended, and other Agrarian Reform laws
through the process of reallocation.

The financial obligation under Section 26 of R.A. No. 6657, as amended, of the
reallocate shall be based on the original valuation of the awarded land.
PROCEDURAL RULES FOR
FORFEITURE ACTIONS
OSII
Verified Petition Order to File Comm Position Papers
ent
CDO

Motion for Resolution/Decision

Appeal
Reconsideration
VERIFIED PETITION
• It should be filed before the Office of the Regional Director
• It shall be filed by any interested party who has personal knowledge of the
facts, or as may be warranted the PARPO
• The Petition shall contain (full name and address of respondent, details of
the award, clear statement of the alleged specific acts or omissions of the
ARB, proof of service to the Respondent(s) of the petition together with its
attachments in accordance with the pertinent provisions of the ALI rules on
personal service, substituted, and service by publication)

BACK
COMMENT
• It should be filed before the Office of the Regional Director
• It shall be filed by any interested party who has personal knowledge of the
facts, or as may be warranted the PARPO
• The Petition shall contain (full name and address of respondent, details of
the award, clear statement of the alleged specific acts or omissions of the
ARB, proof of service to the Respondent(s) of the petition together with its
attachments in accordance with the pertinent provisions of the ALI rules on
personal service, substituted, and service by publication)

BACK
POSITION PAPER
• Motion to dismiss shall not be entertained
• The Regional Director may conduct hearings as may be warranted,
thereafter the Regional Director may require the parties to submit their
respective Position papers

BACK
DECISION/RESOLUTION
• The Regional Director shall resolve the case within thirty (30)
calendar days from the submission of the Position Papers of the
parties and the OSII Report, if any. The decision to forfeit the award
must state the manner of complying with Section 4.0 of these Rules.

BACK
MOTION FOR RECONSIDERATION
• Only one (1) Motion for Reconsideration may be filed by the party
aggrieved by the Decision

BACK
 APPEAL
• The Decision or Order of the Regional Director may be appealed to
the Secretary.
• A Notice of Appeal must be filed with the Office of the Regional
Director within (15) days from receipt of the said Decision or Order
• It shall be elevated to the Undersecretary for Legal Affairs Office
(ULAO) through the BALA
• ULAO to submit recommendation to the Secretary within fifteen (15)
days from receipt of the Appeal
BACK