IRR of RA9700
IRR of RA9700
IRR of RA9700
No. 02
Series of 2009
I. PREFATORY STATEMENT
Republic Act (R.A.) No. 9700, which amends R.A. No. 6657, provides for, among
others, the continuing acquisition and distribution of agricultural lands covered
under the Comprehensive Agrarian Reform Program (CARP) for a period of five
(5) years under various phases, and the simultaneous provision of support
services and the delivery of agrarian justice to Agrarian Reform Beneficiaries
(ARBs). It further provides that after June 30, 2009, the modes of acquisition
shall be limited to voluntary offer to sell (VOS) and compulsory acquisition (CA)
and that voluntary land transfer (VLT) shall be allowed only for landholdings
submitted for VLT as of June 30, 2009.
The agrarian reform program is 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. To
this end, the State shall encourage and undertake the just distribution of all
agricultural lands, subject to the priorities and retention limits set forth under R.A.
No. 6657, as amended, taking into account ecological, developmental, and equity
considerations, and subject to the payment of just compensation. Owners of
agricultural land have the obligation to cultivate directly or through labor
administration the lands they own and thereby make the land productive.
II. COVERAGE
These rules and regulations shall govern the acquisition and distribution of all
agricultural lands yet to be acquired and/or to be distributed under the CARP in
accordance with R.A. No. 6657, as amended by R.A. No. 9700.
1. Landless Beneficiary is any farmer/tiller who owns less than three (3)
hectares of agricultural land.
2. Share Tenant refers to a person who himself and with the aid available
from within his immediate farm household, cultivates the land belonging to
or possessed by another with the latter’s consent, for purposes of
production, sharing the produce with the landholder under the share
tenancy system, or paying the landholder a price certain or ascertainable
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in produce or in money or both, under the leasehold tenancy system. This
arrangement has been abolished by R.A. No. 3844, as amended, which
automatically converted the relations under leasehold.
3. Agricultural lessee refers to a person who, by himself and with the aid
available from within his immediate farm household, cultivates the land,
belonging to or lawfully possessed by another, with the latter’s consent for
purposes of agricultural production, for a price certain in money or in
produce or both. It is distinguished from civil lessee as understood in the
Civil Code of the Philippines.
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11. Usufruct refers to a real right conferred on the beneficiary/usufructuary to
enjoy the fruits of the property of another with the obligation of preserving
its form, substance, and productivity.
A. NOTICE OF COVERAGE
2.1 All landholdings of landowners owning more than twenty four (24)
hectares which have been issued Notices of Coverage (NOCs) as
of December 10, 2008, shall be subject to immediate acquisition
and distribution under compulsory acquisition and shall be
completed by June 30, 2012. The landholdings of landowners
owning more than fifty (50) hectares shall be prioritized for
coverage within this same period.
2.2 All private agricultural lands voluntarily offered before July 1, 2009
by the landowner for agrarian reform shall be subject to immediate
acquisition and distribution under voluntary offer to sell (VOS) and
shall be completed by June 30, 2012.
a. Rice and corn lands under Presidential Decree (P.D.) No. 27;
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d. All lands acquired by the Presidential Commission on Good
Government (PCGG); and
2.7 All landholdings of landowners owning more than five (5) hectares
up to 10 hectares shall be covered under land acquisition and
distribution starting July 1, 2013 and be completed by June 30,
2014. Notwithstanding this schedule, coverage of landholdings
more than five (5) hectares up to 10 hectares may commence
when the LAD balance of the concerned province, reckoned as of
January 1, 2009, is already 90 percent complete, as certified to by
the Provincial Agrarian Reform Coordinating Committee
(PARCCOM) under existing guidelines of the Presidential
Agrarian Reform Council (PARC).
5. In the case of lands for which NOCs have already been issued, the DAR
Provincial Office (DARPO) shall send a memorandum to the Municipal
Agrarian Reform Officer (MARO), copy furnished the LO, directing
him/her to proceed with the process of land acquisition and distribution
of the landholdings under the CARP, either immediately or on the
specific schedule provided under Item IV(A)(2) of this Order.
6. For lands already in the Inventory of CARP Scope (ICS), the DARPO
shall transmit to the DAR Municipal Office (DARMO) on or before
October 30, 2009 the list of LAD balances and the schedule of coverage
of each landholding therein, based on the prioritized phasing under
Section 5 of R.A. No. 9700.
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to the DARMO for service to the landowners (LOs) based on specific
schedules under Item IV(A)(2) of this Order.
8. Excluded from coverage are lands actually, directly and exclusively used
and found to be necessary for the following purposes:
8.1 Parks;
8.2 Wildlife;
8.4 Reforestation;
8.6 Watersheds;
8.7 Mangroves;
8.13 Penal colonies and penal farms actually worked by the inmates;
8.15 All undeveloped lands with eighteen percent (18%) slope and
over;
8.16. All lands actually, directly and exclusively used for commercial,
industrial or residential purposes and classified as such before
June 15, 1988;
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8.18. All lands actually, directly and exclusively used for livestock
raising;
• Name of landowner;
10. Land subject to a conversion order but not developed within the five-year
period starting from the issuance of the conversion order or the specific
time frame stipulated therein, or if there is a violation of other conditions
so provided, shall be reverted to agricultural use and Notice of Coverage
thereon shall be issued by the PARO. An ocular inspection shall be
conducted by the PARO on all lands covered by conversion orders and
shall submit a factual finding on land development or violations of
conditions on the conversion orders if any, to the Regional Director, copy
furnished the Center for Land Use Policy, Planning and Implementation
(CLUPPI), for appropriate action pursuant to the existing implementing
rules and regulations (IRR) on land use conversion.
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11.2 Substituted Service – If personal service of the NOC cannot be
served directly to the LO within a reasonable time, service may be
made by leaving copies of the NOC and having this duly received
at the LO’s:
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12.1 Service upon co-owners – In case of co-ownership, the NOC shall
be served upon each and every co-owner, unless one is
specifically authorized to receive for the co-owners.
12.3 Service upon entity without juridical personality – When the LOs
who are persons associated through an entity without juridical
personality are issued a NOC under the name by which they are
generally or commonly known, service may be effected upon all
the LOs by serving upon any one of them, or upon the person in
charge of the office or place of business maintained in such
name. Such service shall not individually bind any person whose
connection with the entity has, upon due notice, been severed
before the proceeding was brought.
13. Within thirty (30) calendar days from receipt of NOC or from its date of
publication, the LO has:
13.1 The right to choose a retention area not exceeding five (5)
hectares pursuant to Section 6 of R.A. No. 6657, as amended;
and
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B. RETENTION
1. All landholdings five (5) hectares and below shall not be subject to
CARP coverage except for landholdings submitted for voluntary offer to
sell (VOS) before July 1, 2009 wherein the retention right has been
waived. The PAROs shall issue Certification of Retention to landowners
who have already availed of the same and cover all areas in excess
thereof.
2. For VOS lands submitted prior to July 1, 2009 where the master list of
ARBs has been finalized, the retention areas of landowners covered
under said VOS shall be processed under the existing guidelines of R.A.
No. 6657, as amended, before July 1, 2009.
3. Landowners who own lands five (5) hectares or less may file a request
for the issuance of Certification of Retention.
5. Heirs of deceased landowners who died after June 15, 1988 and whose
lands are covered under CARP are only entitled to the five (5) hectare
retention area of the deceased landowner.
Failure to exercise the right to choose within the prescribed period shall
constitute a waiver thereof. In which case the DAR, through the MARO,
shall automatically choose for the landowner his/her retention area.
For landholdings under voluntary offer to sell (VOS), the landowner shall
exercise his right of retention simultaneously at the time of the offer for
sale of the subject landholding.
7. When landowners waive their right of choice, the following factors shall
be considered in choosing their retention area:
6.2 terrain;
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paraphernal), they may each retain not more than five (5) hectares of
their respective landholdings. In no case shall the total retention of such
couple exceed ten (10) hectares.
9. For marriages covered by the Family Code, which took effect on August
03, 1988, a husband owning capital property and/or a wife owning
paraphernal property may retain not more than five (5) hectares each,
provided they executed a judicial separation of properties prior to
entering into such marriage. In the absence of such an agreement, all
properties (capital, paraphernal and conjugal) shall be considered to be
held in absolute community, i.e., the ownership relationship is one, and,
therefore, only a total of five (5) hectares may be retained by each
couple.
10. The DAR shall notify the LO, through personal service with proof of
receipt or by registered mail with return card, the portion selected as
his/her retention area if the LO fails to exercise such right within the
prescribed period.
11. In case a tenant chooses to remain in the LO’s retained area, he/she
shall be a leaseholder in the said land and shall not qualify to be a
beneficiary under CARP. Conversely, if the tenant chooses to be a
beneficiary in another agricultural land, he/she cannot be a leaseholder
in the land retained by the LO. The tenant must exercise this option
within a period of one (1) year from the time the LO manifests his/her
choice of the area for retention.
13. In all cases, the security of tenure of the farmers or farmworkers on the
LO’s retained land prior to the approval of R.A. No. 6657, as amended,
shall be respected. Further, actual tenant-farmers in the landholdings
shall not be ejected or removed therefrom.
14. Land transactions executed prior to R.A. No. 6657, as amended, shall be
valid only when registered with the Registry of Deeds within a period of
three (3) months after June 15, 1988 in accordance with Section 6 of
R.A. No. 6657, as amended.
In the case of multiple or a series of transfers/sales, only the first five (5)
hectares sold/conveyed and the corresponding titles issued by the ROD
in the name of the transferee shall be considered valid and be treated as
the transferor’s retained area, but in no case shall the transferee exceed
the five (5)-hectare landholding ceiling pursuant to Sections 6, 70 and
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73(a) of R.A. No. 6657, as amended. In so far as the excess area
beyond five (5) hectares sold and conveyed is concerned, the same
shall be covered under CARP, regardless of whoever is the current title-
holder to the land, considering that the transferor has no right of
disposition of these lands since CARP coverage of these lands is
mandated by law as of June 15, 1988. Any landholding still registered in
the name of the landowner after earlier dispositions up to an aggregate
of five (5) hectares are no longer part of his retention area and therefore
shall be covered under CARP.
16. The title of the land awarded under the agrarian reform program must
indicate that it is an Emancipation Patent (EP) or Certificate of Land
Ownership Award (CLOA) and any subsequent transfer of title must also
indicate that it is an EP or a CLOA.
17. Pursuant to Section 4 of R.A. No. 9700, an LGU may, through its Chief
Executive and/or an ordinance, exercise the power of eminent domain
on agricultural lands for public use, purpose, or welfare of the poor and
the landless, upon payment of just compensation to agrarian reform
beneficiaries (ARBs) on these lands, pursuant to the provisions of the
Constitution and pertinent laws. The power of eminent domain may not
be exercised unless a valid and definite offer has been previously made
to the ARBs, and such offer was not accepted. In cases where the land
sought to be acquired has been issued with a Notice of Coverage or is
already subject to voluntary offer to sell (with letter-offer submitted to
DAR) the concerned LGU shall suspend the exercise of its power of
eminent domain until after the LAD process has been completed and the
title to the property has been transferred to the ARBs.
C. LAND ACQUISITION
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1. Pursuant to Section 3 of R.A. No. 9700, the landholdings of LOs owning
a total of five (5) hectares or less shall not be subject of acquisition and
distribution under CARP.
2. Landholdings above five (5) hectares which were offered under voluntary
land transfer (VLT) and not approved by the DAR shall be covered under
compulsory acquisition (CA).
All VLT applications submitted to DAR after June 30, 2009 shall no
longer be processed.
3. Landowners (LOs) may voluntarily offer their private agricultural lands for
coverage under R.A. No. 6657, as amended or under R.A. No. 9700.
Upon its acceptance by the DAR, the Letter-Offer for coverage under
Voluntary Offer to Sell (VOS) can no longer be withdrawn. In any case,
the DAR can immediately subject such landholding to coverage under
compulsory acquisition and distribution under CARP notwithstanding the
schedule of prioritized phasing under R.A. No. 9700.
The acceptance letter for VOS shall stipulate that upon offer under VOS,
the schedule of coverage under R.A. No. 9700 is deemed waived.
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a. Continuous occupancy and cultivation by oneself or through one’s
predecessors-in-interest for at least thirty (30) years prior to the
effectivity of R.A. No. 9176 on December 4, 2002 (i.e., December
1972);
b. The land must have been classified as alienable and disposable for
at least thirty (30) years prior to the effectivity of R.A. No. 9176;
c. One must have paid the real estate tax thereon; and
In cases where the DAR and DENR have jointly identified specific
untitled properties that may be covered under the LAD component of
CARP, the DENR – Community Environment and Natural Resources
Office (CENRO)/Provincial Environment and Natural Resources Office
(PENRO) or Regional Technical Director (RTD) – Land Management
Service (LMS) shall issue the certification that the subject tract of land is
within an area classified as alienable and disposable.
7. The current list of all lands covered by NOCs and all remaining
unacquired and undistributed landholdings covered under CARP that are
in the process of acquisition and distribution or will be acquired based on
the schedule of priorities under Section 5 of R.A. No. 9700 shall be
submitted by the DARPO to the ROD concerned for segregation of the
corresponding original copy of the Certificates of Title of all these lands
from the regular volume or files of the Registry, and the compilation of
the same in a new separate volume (CARP Volume) until the customary
number of titles constituting a regular volume is reached. This CARP
Volume shall be treated as a restricted volume and any voluntary
transaction on any of the titles included in this restricted file shall be
subject to clearance in writing from the PARO. The maintenance of the
CARP Volume shall be undertaken by the LRA-CARP personnel under
the supervision of the ROD.
8. Any title contained in the CARP Volume shall only be returned to the
general/regular file upon proof that the property covered by said title is
exempted, excluded or ascertained to be outside CARP coverage. Such
proof may be in the form of a Court Order or DAR Order which has
become final and executory.
9. The ROD shall issue a Transfer Certificate of Title (for titled properties)
and an Original Certificate of Title (for untitled properties) in the name of
the Republic of the Philippines (RP title) upon receipt of a copy of the
LBP’s Certification of Deposit (COD) from the DARPO.
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shall be confirmed or validated by the DENR-Community Environment
and Natural Resources Office (CENRO) or Provincial Environment and
Natural Resources Office (PENRO) as to the land classification status of
said lands.
13. Titles judicially issued prior to 1921 based on Act No. 2874 need not be
validated or confirmed by the DENR-CENRO/PENRO as to their land
classification status as such lands are classified as alienable and
disposable. However, the DARPO shall:
However, in the event that the finalization of the master list of ARBs will
necessitate resolution of petitions for inclusion and exclusion of ARBs in
the master list, the PARO shall inform the Land Bank of the Philippines
(LBP) regarding the matter, in which case, the conduct of subdivision
survey will come after the field investigation (FI) or upon the finalization
of the master list of ARBs so as not to delay the land acquisition
process.
15. The Land Use Management and Development (LUMD) fund shall be
released and utilized only for CARP covered lands with Requisition
Survey Services (RSS) approved by the DAR’s Bureau of Land
Development (BLD), pursuant to existing guidelines on requisition,
approval and monitoring of survey services.
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by negotiating or filing of the appropriate case, if necessary, and to
successfully install the qualified ARB/s.
1. The compensation for lands covered under R.A. No. 9700 shall be: a)
the amount determined in accordance with the criteria provided for in
Section 7 of the said law and existing guidelines on land valuation; or b)
the value based on the order of the DAR Adjudication Board (DARAB) or
the regular court, which has become final and executory.
The basic formula for the valuation of lands covered by VOS or CA shall
be:
When the CNI, CS and MV are present, the formula shall be:
1.2.1 When the CS factor is not present and CNI and MV are
applicable, the formula shall be:
1.2.2 When the CNI factor is not present, and CS and MV are
applicable, the formula shall be:
When both the CS and CNI are not present and only MV is
applicable, the formula shall be:
LV = MV x 2
In no case shall the value of idle land using the formula (MV x 2)
exceed the lowest value of land within the same estate under
consideration or within the same barangay, municipality or province
(in that order) approved by LBP within one (1) year from receipt of
Claim Folder (CF.)
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The specific guidelines governing the valuation of lands under voluntary
offer to sell (VOS) or compulsory acquisition (CA) pursuant to R.A. No.
6657, as amended by R.A. No. 9700 are provided in CARP-LAD Annex
A of this Order.
In like manner, claims over tenanted rice and corn lands under P.D. No.
27 and Executive Order (E.O.) No. 228 whether submitted or not to the
Land Bank of the Philippines (LBP) and not yet approved for payment
shall be valued under R.A. No. 6657, as amended.
5. For landholdings which were conveyed after the effectivity of R.A. No.
6657, the LBP shall consider the transferor as the payee.
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Likewise, small portions or patches of landholdings above 18 percent
slope, undeveloped and of no use to the landowner shall be valued as
idle provided it shall not exceed 10% of the covered landholding.
1.1.2Filipino citizen;
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3.1 Failure to meet the qualifications as provided for under Section 22
of R.A. No. 6657, as amended;
3.5 Dismissal from the service for cause upon a judgment that is final
and executory (and there is no case filed questioning said
dismissal) as of the approval of this Order and if there is any such
case, the same has been affirmed with finality by the proper entity
of government;
3.13 Final judgment for forcible entry into the property or for unlawful
detainer; and
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4. Only after the agricultural lessees and share tenants, and regular
farmworkers have each been awarded three (3) hectares pursuant to
Section 8 of R.A. No. 9700, shall other qualified beneficiaries such as
seasonal farmworkers, other farmworkers, actual tillers/occupants of
public lands, collectives or cooperatives of the above beneficiaries, and
others directly working on the land, be accommodated.
5.3 Actual tiller or directly managing the farm as of the time of the
conduct of field investigation of the landholding under CARP.
6. In the event that the agricultural land for distribution in commercial farms
or plantations is sufficient following the order of priority under Section 22
of R.A. No. 6657, as amended, the farmworker-beneficiaries therein on
or prior to 15 June 1988, shall enjoy priority of award of a maximum of
three (3) hectares.
On the other hand, farmworkers who were hired after the effectivity of
R.A. No. 6657 shall be accommodated based on their length of service,
reckoned from 15 June 1988, and subject to Item IV(F)(1.2) of this
Order.
Potential ARBs who fail to comply with the submission of the required
documents to prove their qualifications fifteen (15) days from the last day
of posting of the preliminary list of ARBs shall not be delisted from the
preliminary list of ARBs. The DARMO shall use available documentary
evidence at hand, if any, or exhaust all efforts to gather the necessary
information/evidence as bases in the evaluation of the potential ARB’s
qualifications and inclusion in the said list.
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Chairperson, the MARO, the DARPO Legal Offer, the Provincial
Agrarian Reform Coordinating Committee (PARCCOM) Chairman or his
representative and the BARC Chairman of the area where the
landholding is located or his representative, pursuant to DAR A.O. No. 7,
Series of 2003.
The BSC may invite the landowner/s and/or civil society organization
(CSO) representatives in the area to serve as resource persons in the
ARB selection and screening process, as may be necessary.
10. The right of the LO to attest to the master list of ARBs in so far as the
tenants, lessees and regular farmworkers in his/her landholdings are
concerned, is deemed waived after the lapse of fifteen (15) days from
his/her receipt of the said master list of ARBs, if he fails to act on it within
the said period. Thereafter, the master list of ARBs shall become final
and executory. Landowners who fail, refuse or delay the issuance of the
attestation despite proof of qualification of the beneficiaries, shall be
liable under Sections 24 and 25 of R.A. No. 9700.
11. The DARPO shall, within fifteen (15) days from receipt of the DARMO’s
report, conduct a revalidation of the qualifications of the ARBs’ being
tenants or lessees or regular farmworkers in cases where the landowner
refuses to attest to:
11.2 Specific ARBs in the master list of ARBs (partial attestation) and
identifies other ARBs either by substitution or addition whom the
LO claims are his tenants, lessees or regular farmworkers; or
11.3 All ARBs in the master list of ARBs (full non-attestation) and
identifies other ARBs either by substitution or addition whom the
LO claims are his tenants, lessees or regular farmworkers.
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Should the PARO find that there is possible merit to the LO’s partial or
full non-attestation of the master list of ARBs, he shall order the BARC to
conduct compulsory arbitration within thirty (30) days to pass upon the
issue.
The BARC shall submit a report of its findings within five (5) days after
arbitration to the PARO who shall then evaluate and finally determine the
qualifications of the ARBs in the master list. The PARO’s decision shall
be final in so far as the master list is concerned.
12. Protests for inclusion/exclusion from the master list of qualified ARBs
may be filed in writing at the DARPO by an interested party not later than
fifteen (15) days from the last day of posting of the master list, for
resolution within thirty (30) days from receipt of the same.
13. The 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.
16. The ARBs who qualify under the screening process shall state under
oath before the judge of the city or municipal court that he/she is willing
to work on the land to make it productive and to assume the obligation of
paying the amortization for the compensation of the land and the land
taxes thereon as stipulated in the Application to Purchase and Farmer’s
Undertaking (APFU).
ARBs in the master list who fail or refuse to execute and sign the APFU
shall be given thirty (30) days from the date of receipt of the APFU to
sign it. Failure to sign the APFU within the reglementary period of thirty
(30) days shall be considered as a waiver of right to become an ARB.
Due notice shall be given to the concerned parties stating the
consequence of such failure to sign and execute the APFU within the
prescribed period.
F. LAND DISTRIBUTION
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and regular farmworkers by order of priority under Section 22 of
R.A. No. 6657, as amended, shall have received three (3)
hectares each, shall the remaining portion of the subject
landholding, if any, be distributed to seasonal and other
farmworkers, actual tillers or occupants of public lands, collectives
or cooperatives of the beneficiaries and others directly working on
the land, pursuant to R.A. No. 9700.
In cases where the land area is not enough to meet the three-
hectare award ceiling for each agricultural lessee and tenant in a
particular landholding, the area to be distributed to them shall be
based on the actual size of tillage by each tenant/lessee.
c. length of service.
If there are ARBs who equally meet the foregoing criteria, priority
shall be given to ARBs who have continuously worked on the
subject landholding.
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(3) hectares, otherwise, additional farmworkers shall be
considered.
4.2 The farm labor system is specialized, where the farmworkers are
organized by functions such as spraying, weeding, packing and
other similar activities and not by specific parcels;
5. If the conditions for the issuance of collective CLOAs no longer exist, the
landholding shall be parcelized/subdivided and the ARBs subsequently
issued individual CLOA-titles.
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covering one (1) contiguous tract or several parcels of land cumulated
up to a maximum of three (3) hectares.
8. The ARBs have the right of usufruct over the land from the time the DAR
takes constructive and actual possession of the same until the award of
a CLOA.
Pending the award of the CLOA and for the purpose of establishing
usufructuary rights, the DAR, upon transfer of the title in the name of the
Republic of the Philippines and it takes actual possession of the land,
shall immediately inform the ARBs that they have been identified and
qualified to receive the land.
10. The rights and responsibilities of the ARB shall commence from their
receipt of a duly registered Certificate of Land Ownership Award (CLOA)
and their actual physical possession of the awarded land.
10.1 All ARBs shall exercise diligence in the use, cultivation and
maintenance of the land including the improvements thereon.
Negligence, misuse, or unauthorized sale of the land or misuse of
any support extended to an ARB shall be a ground for the
forfeiture of one’s right as an ARB.
10.2 Lands awarded to ARBs under this Act may not be sold,
transferred or conveyed except through hereditary succession or
to the Government, or to the LBP, or to other qualified
beneficiaries within a period of ten (10) years; Provided, however,
that the children or the spouse of the transferor shall have a right
to repurchase the land from the government or the LBP within a
period of two (2) years from the date of transfer.
10.3 ARBs have the obligation to pay the LBP in thirty (30) annual
amortizations with interest at six percent (6%) per annum unless
the ARB opts to accelerate payment.
10.4 Amortization payments shall commence one (1) year from the
date of the CLOA registration. However, if the actual occupancy
of the ARB takes place after the CLOA registration, the
amortization shall start one (1) year after the constructive and
physical occupation of the land by the ARB.
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11. The ARB Cooperative/Association shall assume the responsibility of
paying the local government unit (LGU) the real property tax (RPT) of
collectively awarded land subject to the provisions of the Cooperative
Code of the Philippines.
13. Agricultural lessees and tenants, regular farmworkers and other qualified
beneficiaries such as seasonal farmworkers, other farmworkers, actual
tillers/occupants of public lands, members of collectives or cooperatives
of the above beneficiaries, and others directly working on the land who
are husband and wife may be entitled to three (3) hectares each
provided that they qualify as ARBs in their own individual rights and that
their respective vested rights to the land have been duly established. A
separate CLOA shall be issued to each spouse in such cases.
14. For legally married spouses, the names of both husband and wife shall
appear in the CLOA and shall be preceded by the word “spouses”.
Should the couple qualify as individual ARBs, their names shall be
registered in the title, to wit: Juan married to Maria or Maria married to
Juan to indicate that the first name is the awardee. In the case of
common-law relationship, the names of both parties shall likewise
appear in the CLOA with the conjunctive word “and” between their
names. Should they likewise qualify as individual ARBs, their names
shall be registered without the other. The same provisions shall apply in
cases where the married ARBs or ARBs in a common-law relationship
are covered by a collective/co-ownership CLOA and their names
annotated at the back of the said CLOA.
15.1 Issue the title of the land in the name of the Republic of the
Philippines, after the LBP has certified that the claim proceeds
have been deposited in the name of the landowner constituting
full payment in cash and bonds, with due notice to the landowner;
16. All registered CLOAs shall be released by the Registry of Deeds (ROD)
to LBP as the mortgagee financing institution. The LBP shall be the
responsible repository of the encumbered CLOAs until the time of their
release to the concerned ARBs upon full payment of the land
amortization, and the cancellation of the encumbrance.
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G. INSTALLATIONOF AGRARIAN REFORM BENEFICIARIES ON
AWARDED LANDS
4. In the event that the former landowner harasses or threatens the ARB/s
installed by the DAR, the affected ARB/s shall immediately report the
matter to the concerned PNP and the DAR. The ARBs should be
assisted by the DAR Regional/Provincial Legal Division, Public
Attorney’s Office (PAO) and the Office of the City/Provincial
Prosecutors.
5. If upon the effectivity of this Order, the former landowner deliberately acts
to delay, stall or obstruct the installation of the ARBs, a criminal case
shall be filed against him/her for violation of Sec. 73 (d) of R.A. No.
6657, as amended. Moreover, the DAR shall ask that the landowner be
held liable by the Court for actual, compensatory and moral damages
suffered by the ARB/s.
26
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
• For landholdings
covered by judicial titles
and the survey was based
on the Land Registration
Authority (LRA) – Private
Survey (PSu) Plan, the
procedure outlined in Item
V(A)(3.1) of this Order
shall be followed.
• For landholdings
27
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
covered by administrative
titles or judicial titles and
the survey was based on
the DENR Cadastral Plan,
the procedure outlined in
Item V(A)(3.2) of this
Order shall apply.
1. If the
untitled land totally
overlaps with a
decreed property,
continue with the
acquisition and
distribution of the
decreed property
regardless in whose
name the decree is;
2. If the
untitled property is
totally not alienable
28
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
and disposable,
discontinue with the
coverage of the subject
land.
3. If the
untitled land partially
overlaps with a
decreed property, or it
is partially alienable
and disposable, ensure
that the portions of the
said lands that are
within the decreed
property and those that
are not alienable and
disposable are
segregated during the
conduct of survey.
Likewise, continue with
the acquisition and
distribution of both the
landholding that
partially overlaps with a
decreed property as
well as the latter
regardless in whose
name the landholdings
are.
29
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
– Judicial Decree
No.;
– Date of
issuance of Decree;
– Name of
Adjudicatee;
– Location; and
– Area.
30
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
• If the subject
landholding totally overlaps
with a decreed property,
continue with the
acquisition and distribution
of the decreed property
regardless in whose name
the decree is.
A.3 Landholdings Adjacent to Forest or Timber Land and the Decree was
Issued on or After 1921 Based on Act No. 2874
A.3.1 Landholdings Covered by Judicial Titles and the Survey was Based
on the LRA-PSu Plan
• If the subject
landholding/s is/are found
to be alienable and
disposable, issue a
certification as to its
findings and transmit this
back to the DARPO.
31
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
• Prepare a certification
regarding the status of the
landholding/s (i.e.,
alienable and disposable,
partially or fully not
alienable and disposable).
If a landholding is found to
be partially alienable and
disposable, prepare a
sketch map indicating the
approximate size, contour
and portion of the said
landholding that is
considered alienable and
disposable.
32
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
• Prepare a certification
regarding the status of the
landholdings (i.e.,
alienable and disposable,
partially or fully not
alienable and disposable).
If a landholding is found to
be partially alienable and
disposable, prepare a
sketch map indicating the
approximate size, contour
and portion found to be
alienable and disposable.
33
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
• Transmit to DARPO
the certification regarding
the findings on the
landholding, including a
sketch map, if applicable.
34
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
2. Preliminary • CARP-LAD
information on all Form No. 1
landholdings which (Preliminary
were validated and Information on
projected by DARPO Landholdings
and subject of field Validated and
investigation (FI) which Projected and
shall form part of the Subject of Joint
claim folder. Field Investigation)
35
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
36
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
nominated preferred
beneficiary/ies.
37
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
Preferred
Beneficiaries)
– CARP-LAD
Form No. 9
(Sketch Map of
the Selected
Retained Area)
– CARP-LAD
Form No. 10
(OCI Report)
– Copy of CARP-
LAD Form No.
11 (Notice to
Landowner on
the Portion
Selected as
Retention Area,
if applicable)
– Proof of Service
of the Notice to
LO on the
Portion Selected
as Retention
Area
39
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
41
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
FOR UNTITLED
PRIVATE
PROPERTIES:
• CARP-LAD
Form No. 15
(Landowner’s
Letter-Offer)
• CARP-LAD
Form No. 15A
(Checklist of
Required
42
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
Documents)
• Certification of
the DENR-CENRO/
PENRO or
Regional Technical
Director, Lands
Management
Service, that the
tract of land
covered by the
survey is within an
area classified as
alienable and
disposable
pursuant to DAR-
DENR-LBP Joint
Memorandum
Circular No. 12,
Series of 1994 as
reconciled with R.A.
No. 9176
• Certified
Approved Survey
Plan or cadastral
map and
geographical
position and plane
coordination of the
points duly certified
by the Chief,
Survey Division of
DENR
• Certified copy of
the latest Tax
Declaration from
the Assessor’s file
in the name of the
claimant with
verified and correct
lot numbers and
area per approved
survey plan
• Instruments of
acquisition covering
the subject
property, such as
deeds of sale,
donation, transfer,
etc. in favor of
claimant and those
of his
43
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
predecessor/s-in-
interest
• Certification of
the Assessor
concerned showing
the Tax Declaration
issued, the
declarant/s, the
area covered, and
the basis for the
issuances and
cancellations
thereof up to the
Tax Declaration
issued in the name
of the claimant, as
well as any existing
liens on the current
and previous Tax
Declaration, where
applicable
• Certification
from the Clerk of
Court concerned
whether or not the
property/ies
identified in the
approved survey
plan is/are covered
by land registration
proceedings or any
civil case, and if the
same has been
used as a bond in
other court actions
• Certification
from the Assessor’s
Office concerned
that per their
records, the
property/ies as
appearing in the
Approved Survey
Plan is/are free
from all liens and
encumbrances
• LRA certification
that the property is
not within any
decreed or titled
property
44
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
• CARP-LAD
Form No. 16
(Landowner
Information Sheet
{LOIS} duly
accomplished and
signed by the LO)
45
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
46
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
47
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
48
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
1. schedule of field
investigation (FI) of
landholdings for
barangays in proximity
of each other for
purposes of optimizing
time and resources;
3. copy of segregation
and subdivision plans
pending approval at
the DENR-LMS.
49
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
– Basic documents
enumerated in Item
V(C.1.a) of this Order;
– BIR-filed Audited
Financial Statement or
in the absence thereof,
certification on LO’s
failure to submit the
said document;
50
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
– Other pertinent
documents
51
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
52
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
53
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
3. in other conspicuous
places in the community,
commercial farm or
plantation, as the case
may be.
54
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
d. Other identification
documents with probative
value.
e. Certificate of aggregate
land owned by the ARB
from the city/municipal
assessor, land titles, tax
declarations, as the case
may be;
g. Employment certificate
indicating length of service
and/or periods of
employment in the
commercial farm or
plantation, if applicable;
h. Payslips or payroll if
applicable;
55
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
retrenchment for
farmworker beneficiaries;
• In the case of
commercial farms,
56
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
57
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
or received by the
potential ARB and other
concerned parties, the
DARMO shall accomplish
Item I of CARP-LAD Form
No. 29 (Proof of Service of
Invitation Letter), as proof
of personal service to be
placed on file. In case the
potential ARB refuses to
receive/accept the
invitation letter on notice of
meeting, the DARMO shall
fill-up/accomplish Item II of
the same form.
c. Assist potential
beneficiary-applicants in
58
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
accomplishing the
Beneficiary Application
Form; and
• In the case of
commercial farms and
plantations and lands
qualified for collective
distribution, the BSC must
be present at this meeting
and take the lead, in
coordination with the
MARO, in the
aforementioned activities
enumerated under Item
V(D.2.a)(a-d) of this Order.
59
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
60
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
61
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
a. Agricultural
lessees and share
tenants;
b. Regular
farmworkers;
c. Seasonal
farmworkers;
d. Other
farmworkers;
e. Actual tillers or
occupants of public
lands;
f. Collectives or
cooperatives of the
above beneficiaries;
and
g. Others directly
working on the land.
62
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
63
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
64
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
a. Agricultural lessees
and share tenants;
b. Regular farmworkers;
c. Seasonal farmworkers;
d. Other farmworkers;
e. Actual tillers or
occupants of public lands;
f. Collectives or
cooperatives of the above
beneficiaries;
65
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
1. Facilitate the
organization and
registration of the
association or cooperative
in coordination with the
appropriate government
agencies, i.e., Cooperative
Development Authority
(CDA), Securities and
Exchange Commission
(SEC) or appropriate non-
government agencies,
where applicable.
– Board
Resolution authorizing
the specific member/s
of the association or
cooperative to sign the
application form on
behalf of the
association or
cooperative; and
66
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
– Articles of
Incorporation and By-
Laws of the
cooperative or
association.
67
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
disqualified ARBs.
Simultaneously inform all
parties concerned of his
decision through registered
mail or personal service, copy
furnished the MARO.
68
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
69
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
70
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
Attestation of
Master List of
ARBs)
71
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
72
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
73
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
74
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
3. Notify the
qualified ARBs of the
subject landholding/s by
personal service or
registered mail with return
card regarding the
schedule of a meeting with
the DARMO on the APFU,
and if applicable, the
75
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
1.1 Importance,
necessity and
significance of
accomplishing and
signing the APFU in
the acquisition and
distribution of lands
covered by CARP;
76
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
77
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
replacement giving
consideration to the
desisting ARB’s immediate
farm household member/s,
if qualified, in accordance
with Item IV(F)(1.2) of this
Order.
78
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
79
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
80
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
81
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
83
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
84
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
G.4 DARMO Prepare and forward the Land • LDF containing the
Distribution Folder (LDF) to documents as
the DARPO. The LDF shall stipulated under the
contain the copies of the activity
following documents on file at • CARP LAD Form
DARMO: No. 61 (LDF
Transmittal Memo)
a. Master list of ARB/s of the
subject landholding
certified by the BARC and
85
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
attested by LO or passed
upon by the PARO in so
far as the tenants, lessees
and regular farmworkers
are concerned;
b. Application to Purchase
and Farmer’s Undertaking
(APFU)
d. DENR-LMS Approved
Survey Plan (ASP);
f. LDF Transmittal
Memorandum.
86
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
ANNOTATION
Date__________
______________________
Provincial Agrarian Reform
87
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
Officer.
89
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
• In the case of
collective CLOAs,
reproduce and certify the
copy for each member of
the ARB cooperative/
association.
90
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
3. In the case of
collective CLOAs, furnish
each of the ARB
cooperative/ association
members a certified
photocopy of the ODC of
CLOA-Title;
4. Assist ARBs in
securing the
corresponding Tax
Declaration from the
Assessor’s/Treasurer’s
Office at the time the
CLOA-Title is distributed;
and
91
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
92
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
– Determine the
schedule of installation
of the concerned
ARBs; and
– Determine the
necessity of police
and/or military support
in the installation
process.
93
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
94
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
( Notice to Qualified
ARBs {For
Individual ARB
CLOA-Title
Holders})
95
STEPS DAR OFFICE/ ACTIVITY FORMS/DOCUMENTS
AGENCY/ REQUIRED
PERSON
RESPONSIBLE
2. Prepare a comprehensive
documentation report; and
With respect to cases where the Master List of ARBs has been finalized on or
before July 1, 2009 pursuant to Administrative Order No. 7, Series of 2003, the
acquisition and distribution of landholdings shall continue to be processed under
the provisions of R.A. No. 6657 prior to its amendment by R.A. No. 9700.
However, with respect to land valuation, all Claim Folders received by LBP prior
to July 1, 2009 shall be valued in accordance with Section 17 of R.A. No. 6657
prior to its amendment by R.A. No. 9700.
VIII. EFFECTIVITY
This Order shall take effect ten (10) days after its publication in two (2)
newspapers of general circulation pursuant to Section 49 of R.A. No. 6657.
NASSER C. PANGANDAMAN
Secretary
96