Republic of the Philippines DAR perarritt sf RSRABIAN REFORM ADMINISTRATIVE ORDER NO. OG Series of 2006 SUBJECT : REVISED GUIDELINES ON AWARD TO CHILDREN OF LANDOWNERS PURSUANT TO SECTIONS 6 AND 22 OF REPUBLIC ACT NO. 6657 In order to ensure the proper award of lands to qualified children of landowners under Sections 6 and 22 of Republic Act (R.A.) No. 6657, the following guidelines are hereby promulgated. ARTICLE I PRELIMINARY PROVISIONS SECTION 1. Coverage. This Administrative Order (A.O.) shall include all children of landowners who are qualified to be awarded with a portion of the agricuitural land of their parent-landowners covered under the Comprehensive Agrarian Reform Program (CARP), SEC. 2. Policy Statements. The awarding of lands to children of landowners shall be governed by the following policies: 21 The child of a landowner shall be given preference in the distribution of his/her parent's land provided he/she meets all the qualifications of a child- awardee provided under Section 3 of this A.0.; Provided further, that only untenanted portions of the landholding may be subject for award and that actual tenant-tillers in the landholding shall not be ejected or removed thereffom, The child cannot claim that he/she is directly managing the farm if the same has tenants or lessees, considering that the tenants on the land, who became lessees as of June 15, 1988, have the right to directly manage the land and the obligation to pay the lease rental thereof. 2.2 Imall cases, the aggregate award to a qualified child shall not exceed the limit, of three (3) hectares. 23 A qualified child who owns less than five (5) hectares of agricultural lands is still entitled to an award of his/her parent's landholding provided that hisfher total area, including the area to.be awarded under CARP, shall not exceed the five (5) hectare ownership ceiling. 24 A Certificate of Land Ownership Award (CLOA) duly registered with the Register of Deeds (ROD) concerned shall be issued to qualified child/ren of landowners. 2.5 In view of the award to children of landowners pursuant to Section 6 of R.A. No, 6657, the obligation of the Land Bank of the Philippines (LBP) to pay the landowners for the land and for the awardee to amortize the property are not applicable. nye iliman, Quezon City ‘Tel. (632) 928-7031 to 392.6 A qualified child cannot enter into Voluntary Land Transfet/Direct Payment Scheme (VLT/DPS) agreement with his/her parent-landowner unless he/she isa tenant in his/her own right prior to June 15, 1988. In such cases, the rules and procedures provided in Administrative Order (A.0.) No. 8, Series of 2003 titled, “2003 Guidelines on the Acquisition and Distribution of Compensable Agricultural Lands under Voluntary Land Transfer/Direct Payment Scheme (VLT/DPS)” shall apply. 2.7 The land awarded to a qualified child shall be utilized for agricultural production and shall be subject to the usual restrictions and conditions governing CLOAS as provided in R.A. No. 6657 and pertinent implementing guidelines. 2.8 The landowner shall nominate his/her qualified child/ren-awardee/s within thirty (30) days from receipt of the Notice of Coverage (NOC) or upon the filing of Voluntary Offer to Sell (VOS). Failure to do so within the said petiod shall constitute a waiver of the landowner’s privilege to nominate children who may qualify as beneficiaries under CARP. ney 2.9 Children of landowners who were not nominated by their parent-landowner and children of landowners who did not avail of their retention rights shall not be precluded from filing an application to be awarded a portion of the agricultural land owned by their parent-landowner. SEC. 3. Qualifications of Children-Awardees. The child of a landowner whose landholding is subject of acquisition and distribution under the CARP may be awarded and ‘given preference in the distribution of said lands if he/she meets all ofthe following criteria: - 34 lipino citizen; 3.2. At least fifteen (15) years of age; and 3.3. Actual tillers or one directly managing the farm as of June 15, 1988 up to the time of the conduct of field investigation of the landholding under CARP. Direct management shall refer to the cultivation of the land through personal supervision under the system of labor administration. It shall be interpreted along the lines of farm management as an actsal major activity being performed by the landowner’s child from which he/she derives his/her primary source of income. SEC. 4. Rights and Obligations. The children-awardees shall have the following rights and obligations: 4.1 All children-awardees shall exercise diligence in the use, cultivation and ‘maintenance of the land including the improvements thereon. Unauthorized sale of the land, or negligence or misuse of the land and support extended to children-awardees, and other violations under existing guidelines shall be grounds for the forfeiture of their right as such; 42 Lands awarded to qualified children of landowners may not be sold, transferred or conveyed except through hereditary succession or to the ‘government, or to the LBP, or to other qualified beneficiaries for 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; and npFagen 43 The children-awardees may avail of any support services being provided by the government in agrarian reform areas ARTICLE II OPERATING PROCEDURES SEC. $. Operating Procedures. The following procedures shall govern the application, screening and distribution of lands to all qualified children of landowners under the CARP (See LAD-Award Child Annex “A” on the process flow): Sul 52 The potential child/ren-awardee/s shall prepare and submit to the Department of Agrarian Reform Municipal Office (DARMO) the documentary requirements enumerated in Art. I, Sec. 5, item 5.2.3 of this A.O. within fifteen (15) days from receipt of the DARMO’s letter. ‘The DARMO shall: 52.1 $22 523 Identify the child/ten who was/were nominated by the landowner in his/her Sworn Application for Retention (LAD-Award Child Annex “B", Swom Application for Retention under Republic Act 6657), including the child/ren of landowners who did not avail of their retention rights and those who were not nominated by the landowner but are qualified to be awardees of their parent's landholding. Prepare the List of Potential Child/ren-Awardee/s under CARP (LAD-Award Child Form No. 1/1-A) of the subject landholding and immediately post the same for a period of fifteen (15) days in the bulletin boards of barangay or municipal halls where the landholding is located and in other conspicuous places in the community, A copy of the said list shall be filed for reference. In case there are objections or queries regarding the list of potential child/ren-awardee/s, the concemed party/ies may bring the matter to the DARMO within thirty (0) days from the last day of posting of said list. The DARMO shall undertake appropriate action on the matter within ten (10) days from receipt of the said objections/queries. ‘The pertinent rules and procedures of existing guidelines shall apply on the resolution of the objections/queries of the affected parties. Simultaneous with the posting period, send a letter t0 the potential child/ren-awardee/s requiring hinvher/them to submit the following documentary requirements (LAD-Award Child Form No. 2): 5.2.3.1 Authenticated copy of birth certificate; 5.23.2 Corroborative affidavit of two (2) disinterested parties preferably owners or tenants of the lands adjacent to the subject landholding that the child/ren has/have been actualy tilling or directly managing the farm as of June 15, 1988 up to the filing of the application for retention or the time of the acquisition of the landholding under CARP; and rep