Jurisprudence

They were allegedly not informed when the Department of Agrarian Reform conducted the
identification and screening process for potential beneficiaries. They contend that the Certificate of
25
Land Ownership Award holders were not qualified beneficiaries under Section 22 of the
Comprehensive Agrarian Reform Law. 26
Section 105 of Presidential Decree No. 1529, on the indefeasibility of a title, cannot be subverted by
the Department of Agrarian Reform's rules and regulations.
The Municipal or Provincial Agrarian Reform Officer, together with the Barangay Agrarian Reform
Committee, screens and selects the possible agrarian beneficiaries, under the criteria in Sections 4
and 5 of Department of Agrarian Reform Administrative Order No. 07-03:
Section 4. Qualifications. Only those who meet the following qualifications shall be eligible as
beneficiaries:
4.1 General Qualifications. All agrarian reform beneficiaries must be:
4.1.1 Landless as defined by R.A. No. 6657;
4.1.2 Filipino citizen;
4.1.3 Permanent resident of the barangay and/or municipality, if applicable[;]
4.1.4 At least fifteen (15) years of age or head of family at the time of acquisition of the property
(titled in the name of the Republic of the Philippines), or at least 18 years old as of 15 June 1988 in
the case of Commercial Farms (CFs); and
4.1.5 Willing and have the ability and aptitude to cultivate and make the land productive.
4.2 Specific Qualifications for Farmworkers in Commercial Farms. In addition to item 4.1 above, the
applicant must have been employed in the property being covered on June 15, 1988.
Section 5. Grounds for Disqualification/Exclusion. The following shall be the grounds for
disqualification/exclusion as ARBs of the CARP:
5.1. Failure to meet the qualifications as provided for under Section 22 of R.A. No. 6657;
5.2. Non-payment of an aggregate of three (3) annual amortizations or default in payment of three
(3) annual amortizations with the landowner (LO) that resulted to the foreclosure of mortgage on the
awarded land by the LBP or repossession by the landowners (in the case of voluntary land
transfer/direct payment scheme or VLT/DPS) of the awarded lands except if the non-payment of the
rental is due to crop failure as a result of fortuitous events per Section 36(6) of R.A. No. 3844, to the
extent of seventy-five percent (75%);
5.3. Misuse or diversion of financial support services extended to them (Section 37 of R.A. No.
6657);
5.4. Negligence or misuse of the land or any support extended to them (Section 22 of R.A. No.
6657);
5.5. Material misrepresentation of the ARB's basic qualifications as provided for under Section 22 of
R.A. No. 6657, P.D. No. 27, and other agrarian laws;
5.6. Sale, disposition, or abandonment of the lands awarded by government under CARP or P.D.
No. 27 which is violative of the agrarian laws;
5.7. Conversion of agricultural lands to non-agricultural use without prior approval from the DAR;
5.8. Retirement from the service, whether optional or mandatory, or voluntary resignation, provided
this was not attended by coercion and/or deception, and there is no case questioning said retirement
or voluntary resignation by the applicant as of the date of approval of this Order;
5.9. Dismissal from the service for cause 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 by the proper
entity of government;
5.10. Obtaining a substantially equivalent and regular employment, as defined in Section 3 (m) of
this A.O.;
5.11. 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 approval of this A.O.;
5.12. Execution of a waiver of right to become an ARB in exchange for due compensation and
waiver not having been questioned in the proper government entity as of the approval of this A.O.;
5.13. Refusal to be listed as an ARB and to provide pertinent information as requested by the DAR
in the invitation letter, which shall be construed as unwillingness on the part of the potential
beneficiary to be listed;
5.14. Forcible entry into the property or illegal detainer (e.g. after beneficiaries were paid by the LO);
and
5.15. 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.
All qualified agrarian reform beneficiaries are then ranked in accordance with the order of priority
under Sections 22 and 22-A. Then, the master list of agrarian reform beneficiaries is posted for 15
98
days in at least three (3) conspicuous places in the barangay hall, municipal hall, and in the
community where the property is located. 99
Written protests for the inclusion/exclusion from the master list must be filed before the Department
of Agrarian Reform's Regional or Provincial Office, as the case may be, not later than 15 days from
the last day of posting of the list. The Regional Director will resolve the protest through summary
100
proceedings within 30 days from receiving the Beneficiary Screening Committee's case records or
the Provincial Office's investigation report and recommendation. The master list becomes final and
101
executory after the lapse of 15 days from receipt of the Regional Director's decision on the protest,
but such finality is only for the specific purpose of generating the certificate of land ownership
award. 102
An appeal or motion for reconsideration from the Regional Director's decision or order for
inclusion/exclusion of potential agrarian reform beneficiaries in/from the master list will be governed
by Department of Agrarian Reform Administrative Order No. 03-03.
After the issuance of certificates of land ownership award, a petition to reopen the identification and
selection of agrarian reform beneficiaries may be filed on grounds of duress or threat by the
landowner against the petitioner during the identification phase. Section 14 of Department of
Agrarian Reform Administrative Order No. 07-03 provides:
SECTION 14. Re-Opening of ARB Identification and Selection
14.1 Subsequent to the issuance of CLOAs but prior to the installation of ARBs, the Regional
Director may grant due course to a sworn petition to re-open the identification, screening and
selection process on the grounds of duress or threat by the landowner against the petitioner during
the identification phase. After installation of the ARBs, only the Secretary may grant due course to
such a petition.
14.2 Any petition to re-open the ARB identification, screening and selection process subsequent to
installation shall be directly filed with the Office of the Regional Director where the property is located
which shall have the exclusive jurisdiction to act on the petition. The procedures shall be in
accordance with A.O. No. 3, Series of 2003 titled, "2003 Rules for Agrarian Law Implementation
Cases".
The re-opening of ARB identification, screening and selection shall, however, subscribe to the
provisions for qualification, disqualification, rights and obligations, and procedures prescribed under
pertinent sections of this Administrative Order.
As in protests for inclusion/exclusion of agrarian reform beneficiaries, petitions to reopen the

identification and selection process are governed by Department of Agrarian Reform Administrative
Order No. 03-03. 103
SECTION 26. Payment by Beneficiaries. — Lands awarded pursuant to this Act shall be paid for by
the beneficiaries to the LBP in thirty (30) annual amortizations at six percent (6%) interest per
annum. The payments for the first three (3) years after the award may be at reduced amounts as
established by the PARC: Provided, That the first five (5) annual payments may not be more than
five percent (5%) of the value of the annual gross production as established by the DAR. Should the
scheduled annual payments after the fifth year exceed ten percent (10%) of the annual gross
production and the failure to produce accordingly is not due to the beneficiary's fault, the LBP may
reduce the interest rate or reduce the principal obligation to make the repayment affordable.
The LBP shall have a lien by way of mortgage on the land awarded to the beneficiary; and
this mortgage may be foreclosed by the LBP for non-payment of an aggregate of three (3)
annual amortizations. The LBP shall advise the DAR of such proceedings and the latter shall
subsequently award the forfeited landholdings to other qualified beneficiaries. A beneficiary
whose land, as provided herein, has been foreclosed shall thereafter be permanently disqualified
from becoming a beneficiary under this Act.
Illegally converted into other uses the awarded the land;

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Jurisprudence

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They were allegedly not informed when the Department of Agrarian Reform conducted the

4.1 General Qualifications. All agrarian reform beneficiaries must be:

4.1.1 Landless as defined by R.A. No. 6657;

4.1.2 Filipino citizen;

4.1.3 Permanent resident of the barangay and/or municipality, if applicable[;]

SECTION 14. Re-Opening of ARB Identification and Selection

As in protests for inclusion/exclusion of agrarian reform beneficiaries, petitions to reopen the

Illegally converted into other uses the awarded the land;

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