INCLUSION/EXCLUSION/DISQUALIFICATION OF ARBs

I.          INTRODUCTION
This template may serve as a guide in cases where the
main issue is the inclusion, exclusion and disqualification of
agrarian reform beneficiaries (ARBs).
Unless otherwise stated, the provisions of this template are
based on DAR Administrative Order No. 07, Series of
2011, effective 15 October 2011.
II.         CHECKLIST OF DOCUMENTARY REQUIREMENTS
IN ALL CASES
[]          MARO Report/On-Site Inspection Report
A.        INCLUSION OF FARMER-BENEFICIARIES FROM
THE MASTERLIST OF POTENTIAL AGRARIAN REFORM
BENEFICIARIES
General requirements
[]          Master List of Agrarian Reform Beneficiaries
(CARP-LAD Form No. 33);
[]          Request/Petition to be included as Potential
ARB in the Preliminary List of ARBs (CARP-LAD
Form No. 25);
[]          Notice of Disqualification as Agrarian Reform
Beneficiary (CARP-LAD Form No. 31), if petitioner
was disqualified from being included in the Preliminary
List or Updated Preliminary List of Agrarian Reform
Beneficiaries;
[]          If there is no Notice of Disqualification as ARB,
MARO's Certification to that effect
[]          Leasehold contract and/or proof of tenancy
papers (if available);
Proofs of general qualifications of ARBs:
1.         A farmer/tiller who owns less than three (3)
hectares of agricultural land
[]          Any document of probative value
such as:
 •           Certificate of aggregate
landholdings of the ARB issued by
the city/municipal/provincial assessor
•           Certified copy of land titles
•           Certified copy of tax
declarations
2.         Filipino citizen
[]          Any document of probative value
showing Filipino citizenship such as:
•           Voter's identification card
•           Certified true copy of voter's
registration record
•           Birth Certificate
3.         Resident of the barangay (or the municipality if
there are not enough qualified ARBs in the barangay)
[]          Any document of probative value
such as:
•           Barangay certificate indicating
potential ARBs as bona fide residents
of the barangay and/or municipality
•           Valid postal identification card
4.         At least fifteen (15) years of age at the time of
identification, screening and selection of farmer-
beneficiaries; and
[]          Any document of probative value
showing date of birth such as:
•           Birth certificate
•           Voter's identification card or
certified copy of voter's registration
record
•           Marriage License/Marriage
Contract
•           Affidavit of two (2)
Disinterested Persons
5.         Willing, able and equipped with the aptitude to
cultivate and make the land productive.
 []          Affidavits of two (2) disinterested
persons to that effect.
[]          Sworn Statement to that effect by
the potential ARB
[]          BARC Certification
            Proofs of specific qualifications for farmworkers in
commercial farms or plantation in addition to the General
Qualifications stated above:
•           Must have been employed in the landholding
covered under CARP to be deemed a regular
farmworker.
[]          Any document of probative value
such as:
•           Social Security System (SSS)
identification card for farmworkers;
•           Employment certificate
indicating length of service and/or
periods of employment in the
commercial farm or plantation, if
applicable;
•           Payslips or payroll, if
applicable;
•           Original or certified true copy
of a favorable decision, order or
ruling by a court, quasi-judicial body
or administrative agency in the event
that there was a case related to the
dismissal, retrenchment, etc., of the
potential ARB;
            Proofs of qualifications of a landowner's child as
preferred beneficiary
1.         Child of landowner;
[]          Any document of probative value
such as:
•           Birth certificate
•           Baptismal certificate
2.         Filipino citizen;
 []          Any document of probative value
showing Filipino citizenship such as:
•           Voter's identification card
•           Certified copy of voter's
registration record
3.         At least fifteen (15) years of age as of the
issuance of 15 June 1988; and
[]          Any document of probative value
such as:
•           Birth certificate
•           Voter's identification card
•           Certified copy of voter's
registration record
4.         Actual tiller or directly managing the farm as of
the time of conduct of field investigation of the
landholding under CARP
[]          On-site inspection report showing
such fact,
[]          Affidavits of two (2) disinterested
persons to that effect, and
            Additional requirement:
            In no case may the distribution of lands to
preferred beneficiaries deprive each of the agricultural
lessees and tenants of being awarded the portion of
the landholding they are actually tenanting/leasing,
which in no case shall be more than three (3)
hectares.
[]          Certificate of aggregate landholding from the
City/Municipal/Provincial Assessor (DAR AO No. 6,
Series of 2006, Section 5.2.3.3)
B.        EXCLUSION OF FARMER-BENEFICIARIES FROM
THE MASTERLIST
            General requirement
[]          Master List of Agrarian Reform Beneficiaries
(CARP-LAD Form No. 33);
            Proof of grounds for exclusion
 1.         Failure to meet the qualifications as provided in
Section 22 of R.A. No. 6657, as amended:
            All ARBs must be:
i.          A farmer/tiller who owns less than
three (3) hectares of agricultural land;
ii.         A Filipino citizen;
iii.       A resident of the barangay (or the
municipality if there are not enough
qualified ARBs in the barangay);
iv.        At least fifteen (15) years of age at
the time of identification, screening, and
selection of farmer-beneficiaries; and
v.         Willing, able, and equipped with the
aptitude to cultivate and make the land
productive.
[]          Any document of probative value that will
establish such failure.
2.         Voluntary execution of a waiver of right to become
an ARB in exchange for due compensation, and such
waiver has not been questioned in the proper government
entity as of the effectivity of DAR A.O. No. 07, Series of
2011 (October 15, 2011), or as of date of approval of DAR
A.O. No. 2, Series of 2009 (October 15, 2009), whichever
is applicable;
[]          Original or certified true copy of
waiver of right, and
[]          Receipt/s of payment of due
compensation (if available)
3.         With respect to commercial farms, termination from
the service for cause as of the date as of the effectivity of 
DAR A.O. No. 07, Series of 2011 (October 15, 2011), or as
of date of approval of DAR A.O. No. 2, Series of
2009 (October 15, 2009), whichever is applicable; unless a
complaint for illegal dismissal regarding the said
termination is pending, in which case the termination must
be affirmed with finality by the proper entity of the
government;
[]          Notice of dismissal,
 []          Original or certified copy of
decision, order or ruling by a court, quasi-
judicial body or administrative agency, and
[]          Certified Copy of entry of judgment
issued by the clerk of court, quasi-judicial
agency or administrative body.
4.         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 date of approval (not effectivity) of DAR A.O. No. 7,
Series of 2003 (18 December 2003);
[]          Notice of retrenchment,
[]          Receipts of separation pay, and
[]          Certification from the pertinent court
or administrative agency that there is no
case filed questioning the retrenchment.
5.         Holding managerial or supervisory positions as of
the issuance of the NOC shall not qualify as ARBs.
º           However, farmworkers who were
promoted to managerial or supervisory
positions after they were identified,
screened, and selected shall remain as
qualified ARBs.
[]          Certificate of employment showing
relevant dates and positions
6.         Voluntary resignation or voluntary retirement from
the service, provided this was not attended by coercion
and/or deception, and there is no case questioning said
voluntary retirement or voluntary resignation by the
applicant as of the date of effectivity of DAR A.O. No. 07,
Series of 2011 (October 15, 2011), or as of date of
approval of DAR A.O. No. 2, Series of 2009 (October 15,
2009), whichever is applicable;
[]          Resignation/retirement letter
[]          Certification from employer
[]          Certification from pertinent court or
administrative agency that there is no case
filed questioning the retirement or alleging
 resignation attended by coercion or
deception.
7.         Material misrepresentation of the ARB's basic
qualifications under Section 22 of R.A. No. 6657, as
amended by R.A. No. 9700, P.D. No. 27, and other
agrarian laws.
[]          Copy of falsified document
[]          Certified true copy of the true
document
[]          Affidavits of two (2) disinterested
persons setting out facts of the
misrepresentation, and
[]          BARC Certification
8.         Final judgment for forcible entry or illegal detainer
by persons who are originally not qualified to be agrarian
reform beneficiaries, the unlawful entry of which would
have allowed them to avail the rights and benefits of an
agrarian reform beneficiary:
[]          Original or certified true copy of the
decision of the proper Municipal Trial Court,
and
[]          Copy of the entry of judgment
issued by the clerk of the proper Municipal
Trial Court.
9.         With respect to foreclosed landholdings, the
landowner thereof and/or his children, but only insofar as
the same foreclosed landholding is concerned, where the
redemption period has already expired and which land is to
be subsequently covered under CARP. The LO and or his
children cannot qualify as an ARB on the foreclosed land,
notwithstanding his/her/their being in actual possession
and cultivation thereof.
[]          Original or certified true copy of the
decision of the proper court on the
foreclosure, and
[]          Certified True Copy of the entry of
judgment issued by the clerk of the proper
court.
 []          Proof of filiation, in case of child/ren
of former landowner.
10.       Landowners who have voluntarily offered their
landholdings for coverage under CARP, and those who
have previously waived their rights to retain, are
disqualified from becoming ARBs of other landholding/s
being covered or to be covered under CARP.
º           The LO's voluntary offer or his
previous waiver is construed to be an
inability and/or unwillingness to cultivate the
land and make it productive.
[]          Any document of probative value
that will establish the VOS, or waiver
11.       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.
[]          Certified True Copy of the judgment
of the appropriate tribunal or agency, and
[]          Certified True Copy of the entry of
judgment.
C.        DISQUALIFICATION OF FARMER-BENEFICIARIES
WHO HAVE PASSED THE SCREENING PROCEDURE
            Proof of grounds for disqualification existing before
award of EP/CLOA
            See grounds for exclusion of farmer-beneficiaries from
the masterlist
            Proof of grounds for disqualification existing after award
of EP/CLOA (in effect grounds for cancellation of EP/CLOA)
1.         Deliberate and absolute failure of the ARB to pay
an aggregate of three (3) annual amortizations to the LBP
and subsequent failure to exercise the right of
redemption/repurchase within two (2) years, provided that:
º           an amortization table has been
issued to the ARB, and
º           the amortizations shall start one (1)
year from the ARB's actual occupancy
 pursuant to Section 26 of R.A. No. 6657, as
amended;
[]          LBP certification of non-payment of
an aggregate of three annual amortizations,
and
[]          Copies of all receipts of payments
2.         Deliberate and absolute non-payment of three (3)
consecutive amortizations in case of a voluntary land
transfer/direct payment scheme, provided that:
º           the ARB has been installed and is
in actual possession of the land, except
when the non-possession of the ARB is
attributable to his or her own fault;
[]          Copies of all receipts of payments
3.         Misuse or diversion of financial and support
services extended to ARBs pursuant to Section 37 of R.A.
No. 6657, as amended:
[]          Affidavits of two (2) disinterested
persons showing facts of such misuse or
diversion, and
[]          Certified True Copy of the contract
or document stating the kind of financial
support extended by the government
4.         Negligence or misuse of the land or any support
extended by the government as provided in Section 22
of R.A. No. 6657, as amended:
[]          Affidavits of two (2) disinterested
persons,
[]          Certified True Copy of the contract
or document stating the kind of support
extended by the government,
[]          DA Certification on the non-
productivity of the land, stating the causes
of non-productivity, and
[]          Recent photographs of the land
(taken within the week prior to filing of the
petition)
5.         Material misrepresentation of the ARB's basic
qualifications under Section 22 of R.A. No. 6657, as
amended by R.A. No. 9700, P.D. No. 27, and other
agrarian laws.
[]          Copy of falsified document,
[]          Certified True Copy of the true
document,
[]          Affidavits of two (2) disinterested
persons setting out facts of the
misrepresentation, and
[]          BARC Certification
6.         Sale, transfer, lease, or any other form of
conveyance by a beneficiary of the right of ownership, right
to use, or any other usufructuary right over the land
acquired by virtue of being such beneficiary, in violation or
circumvention of the ten (10)-year prohibitory period under
provisions of Sections 27 and 73 of R.A. No. 6657, as
amended by R.A. No. 9700, P.D. No. 27, or when the
awarded land has not been fully paid by the ARB, or
abandonment of the lands awarded by the government
under the CARP or PD No. 27 for a period of two (2) years
(applying RA 3844 by analogy), and other agrarian law.
            For sale or disposition:
[]          Certified True Copy of the
Certificate of Land Ownership Award
(CLOA),
[]          Certified True Copy of the deed of
sale,
[]          BARC Certification showing facts of
sale or disposition of the land,
[]          DAR Certification on non-issuance
of clearance for the sale or disposition,
[]          LBP Certification showing that the
ARB has not yet fully paid for the awarded
land,
[]          Affidavits of two (2) disinterested
persons
            For abandonment:
 []          Certified True Copy of the
Certificate of Land Ownership Award
(CLOA),
[]          BARC Certification showing facts of
abandonment of the land for two (2) years,
[]          Recent photographs of the land
(taken within the week prior to filing of the
petition), and
[]          Affidavits of two (2) disinterested
persons
7.         Premature conversion by the ARB pursuant to
Section 11 of R.A. No. 8435
[]          BARC Certification showing facts of
the conversion
[]          DAR Certification on non-issuance
of conversion order and non-existence of
application for conversion
[]          Recent photographs of the land
(taken within the week prior to filing of the
petition)
8.         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
[]          Certified True Copy of the judgment
of the appropriate tribunal or agency, and
[]          Certified True Copy of the entry of
judgment
            NOTE: Under DAR Opinion No. 18, Series of 2006,
the refusal of the identified farmer-beneficiaries to sign the
Land Valuation and Farmer's Undertaking and their non-
cooperation in the documentation process is tantamount to
waiver of rights that would warrant their disqualifications to
become CARP beneficiaries. Proof of such refusal and
non-cooperation may include (1) affidavits of two (2)
disinterested persons, and (2) MARO report containing
facts constituting refusal and non-cooperation of the
identified farmer-beneficiaries.
III.       JURISDICTION
 A.        Under Section 50 of RA 6657, the DAR is
vested with primary jurisdiction to determine and
adjudicate agrarian reform matters and shall have
exclusive original jurisdiction over all matters involving
the implementation of agrarian reform, except those
falling under the exclusive jurisdiction of the
Department of Agriculture (DA) and the Department of
Environment and Natural Resources (DENR).
B.        Under Rule 1, Section 2 of DAR AO No. 3,
Series of 2003, in relation to Rule II, Section 7 of DAR
AO 3, Series of 2003, the Regional Director shall
exercise primary jurisdiction over cases involving
classification, identification, inclusion, exclusion,
qualification and disqualification of potential/actual
farmer beneficiaries.
C.        Under Rule II, Section 10 of AO 3, Series of
2003, the Secretary shall exercise appellate
jurisdiction over all ALI cases, and may delegate the
resolution of the appeals to any Undersecretary.
IV.       STANDING
A.        Who may file: (Item D.4.a of the operating
procedures of DAR AO No. 2, Series of 2009 as amended
by A.O. 7 series of 2011)
1.         Any potential ARBs, and
2.         Concerned parties, such as:
•           farmer's organizations whose
members are potential ARBs to the subject
land, and
•           Provincial Agrarian Reform Officer
in his official capacity, who is also
empowered to file actions for cancellation
of EPs and CLOAs (DAR AO No. 3, Series
of 2009 and A.O. No. 6, Series of 2011)
B.        Who cannot file:
            Landowners cannot file petitions for inclusion,
exclusion and disqualification, as implied in Hermoso, et
al., v. C.L. Realty (G.R. No. 140319, 5 May 2006).
V.        TIMELINESS
 A.        Within fifteen (15) days after the posting of the
BARC Certified Master List, the landowner or any of the
potential beneficiaries may file a written protest thereon.
The parties concerned, especially the persons to be
excluded, shall be duly notified by the PARO of the
proceedings and the decision.
            The BARC Certified 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.
B.        Any person who disagrees with the PARO's
decision/s or order/s for inclusion/exclusion of potential
ARBs in/from the Master List may file a verified petition for
inclusion/exclusion against the ARBs therein in accordance
with existing ALI rules.
VI.       DETERMINATION OF THE APPROPRIATE ACTION
A.        PETITION FOR INCLUSION OF FARMER-
BENEFICIARIES FROM THE MASTERLIST OF
POTENTIAL AGRARIAN REFORM BENEFICIARIES
1.         Grant the petition if:
•           Applicant possesses all
qualifications and none of the
disqualifications set forth in Part II-A of this
template.
2.         Deny the petition if:
•           Petitioner fails to satisfy any one (1)
of the qualifications but possesses none of
the disqualifications;
•           Petitioner satisfies all qualifications
but possesses at least one (1)
disqualification.
B.        PETITION FOR EXCLUSION OF FARMER-
BENEFICIARIES FROM THE MASTERLIST
1.         Grant the petition if:
•           Respondent fails to satisfy any one
(1) of the qualifications but possesses none
of the disqualifications;
 •           Respondent satisfies all
qualifications but possesses at least one (1)
disqualification.
2.         Deny the petition if:
•           Respondent possesses all
qualifications and none of the
disqualifications set forth in Part II-B of this
template.
C.        PETITION FOR DISQUALIFICATION OF
FARMER-BENEFICIARIES WHO HAVE PASSED THE
SCREENING PROCEDURE
 
            Disqualification existing before award of EP/CLOA
 

1.         Grant the petition if:

•           Respondent fails to satisfy any one
(1) of the qualifications but possesses none
of the disqualifications
•           Respondent satisfies all
qualifications but possesses at least one (1)
disqualification
2.         Deny the petition if:
•           Respondent possesses all
qualifications and none of the
disqualifications set forth in Part II-B of this
template (as referred to by Part II-C).
 
            Disqualification after award of EP/CLOA
 

            Pursuant to A.O. 6, Series of 2011, the RD may

dismiss the case without prejudice to the filing of the
appropriate action for cancellation before the proper
PARAD.
            NOTE: An action is an attack on a title when the
object of the action or proceeding is to nullify the title, and
thus challenge the judgment pursuant to which the title was
decreed. The attack is direct when the object of an action
or proceeding is to annul or set aside such judgment, or
 enjoin its enforcement. On the other hand, the attack is
indirect or collateral when, in an action to obtain a
different relief, an attack on the judgment is
nevertheless made as an incident thereof. (Mallilin, Jr.
v. Castillo 389 Phil. 153, 165 (2000) as cited in Berboso v.
Hon. Court of Appeals et al., G.R. Nos. 141593-94 (July
12, 2006)
VII.      APPEALS
A.        Appeal to the Secretary (DAR AO No. 3, Series of
2003)
•           When to Appeal
(1)       Within fifteen (15) days from receipt
of the Regional Director's final order (A.O.
No. 3, Series of 2003, Section 27).
(2)       A motion for reconsideration of the
DAR Secretary's order shall be filed within
fifteen (15) days from receipt of such order
(AO 3, Series of 2003, Section 32).
•           Where to Appeal
            Appeals from the decision of he Regional
Director shall be made by filing in the same regional
office which issued the adverse decision a notice of
appeal with proof of payment of the requisite appeal
fee (AO 3, Series of 2003, Section 28).
B.        Grounds for appeal (DAR A.O. No. 3, Series of
2003):
•           Serious errors in the findings of fact or
conclusion of law which may cause grave and
irreparable damage or injury to the appellant (Section
25.1); or
•           Coercion, fraud, or clear graft and corruption
in the issuance of a decision (Section 25.2).
VIII.     APPLICABLE PRINCIPLES, LAWS, RULES,
POLICIES
A.        GUIDING PRINCIPLES
1.         1987 Philippine Constitution
(a)       Article XII, National Economy And
Patrimony
             Section 1.    The goals of the
national economy are a more equitable
distribution of opportunities, income, and
wealth; a sustained increase in the amount
of goods and services produced by nation
for the benefit of the people; and an
expanding productivity as the key to raising
the quality of life for all, especially the
under-privileged.
            The State shall promote
industrialization and full employment based
on sound agricultural development and
agrarian reform, through industries that
make full and efficient use of human and
natural resources, and which are
competitive in both domestic and foreign
markets. However, the State shall protect
Filipino enterprises against unfair foreign
competition and trade practices. . . .
(b)       Article XII. Agrarian And Natural
Resources Reform
            Section 4.    The State shall, by law,
undertake an agrarian reform program
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. . . .
            Section 5.    The State shall
recognize the rights of farmers,
farmworkers, and landowners, as well as
cooperatives, and other independent
farmers' organizations to participate in the
planning, organization, and management of
the program, and shall provide support to
agriculture through appropriate technology
and research, and adequate financial,
production, marketing, and other support
services.
2.         R.A. No. 6657, Comprehensive
Agrarian Reform Law (CARL)
 (a)       Section 2.    Declaration of
Principles and Policies. — . . . The agrarian
reform program is founded on the right of
farmers and regular farm workers, to
receive a share of the fruits thereof. . . .
            The State may resettle landless
farmers and farm workers in its own
agricultural estates, which shall be
distributed to them on the manner provided
by law.
B.        LEGAL PROVISIONS
1.         R.A. No. 6657, Comprehensive
Agrarian Reform Law (CARL)
            Section 22.  Qualified Beneficiaries. —
The lands covered by the CARP shall be
distributed as much as possible to landless
residents of the same barangay, or in the
absence thereof, landless residents of the same
municipality in the following order of priority:
(a)       agricultural lessees and share
tenants;
(b)       regular farm workers;
(c)       seasonal farm workers;
(d)       other farm workers;
(e)       actual tillers or occupants of public
lands;
(f)        collective or cooperatives of the
above beneficiaries; and
(g)       others directly working on the land.
            Provided, however, that the children of
landowners who are qualified under Section 6 of this
Act shall be given preference in the distribution of the
land of their parents; and: Provided, further, that
actual tenant-tillers in the landholding shall not be
ejected or removed therefrom.
            Beneficiaries under Presidential Decree No.
27 who have culpably sold, disposed of, or
abandoned their land are disqualified to become
beneficiaries under their program.
            A basic qualification of a beneficiary shall be
his willingness, aptitude and ability to cultivate and
make land as productive as possible. The DAR shall
adopt a system of monitoring the record or
performance of each beneficiary, so that any
beneficiary guilty of negligence or misuse of the land
or any support extended to him shall forfeit his right to
continue as such beneficiary. The DAR shall submit
periodic reports on the performance of the
beneficiaries to the PARC.
            Section 23.  Distribution Limit. — No qualified
beneficiary may own more than three (3) hectares of
agricultural land.
            Section 25.  Award Ceilings for
Beneficiaries. — Beneficiaries shall be awarded an
area not exceeding (3) hectares, which may cover a
contiguous tract of land or several parcels of land
cumulated up to the prescribed award limits.
            For purpose of this Act, a landless beneficiary
is one who owns less than three (3) hectares of
agricultural land.
2.         R.A. No. 9700
            SEC. 8.        There shall be incorporated after
Section 22 of Republic Act No. 6657, as amended, a
new section to read as follows:
"SEC. 22-A. Order of Priority. — A landholding of
a landowner shall be distributed first to qualified
beneficiaries under Section 22, subgraphs (a)
and (b) of that same landholding up to a
maximum of three (3) hectares each. Only when
these beneficiaries have all received three (3)
hectares each, shall the remaining portion of the
landholding, if any, be distributed to other
beneficiaries under Section 22, subgraphs (c),
(d), (e), (f), and (g)."
3.         P.D. No. 27
            Under PD 27, only tenants on rice and
corn can be qualified as beneficiaries. Therefore,
 take note the proof of facts under the general
qualifications of ARBs.
C.        IMPLEMENTING RULES AND REGULATIONS
1.         Administrative Orders
i.          DAR A.O. No. 07, Series of 2011,
Revised Rules and Procedures Governing
the Acquisition and Distribution of Private
Agricultural Lands Under Republic Act
(R.A.) No. 6657, As Amended (Effective 15
October 2011)
ii.         DAR A.O. No. 2, Series of 2009,
Rules of Procedure Governing the
Acquisition and Distribution of Agricultural
Lands under R.A. No. 6657 as amended by
R.A. No. 9700 (Effective 31 October 2009)
iii.       DAR A.O. No. 4, Series of 2008,
Supplemental Guidelines on AO 7 Series of
2003 on the Identification, Screening and
Selection of, and Distribution to Agrarian
Reform Beneficiaries (ARBs) of Private
Agricultural Lands Under R.A. No. 6657
(Effective 29 June 2008)
iv.        DAR A.O. No. 6, Series of 2006,
Revised Guidelines on Award to Children of
Landowner Pursuant to Section 6 and 22 of
R.A. No. 6657 (Dated 6 September 2006.
Took effect ten (10) days after publication.)
v.         DAR A.O. No. 7, Series of 2003,
Identification, Screening and Selection of,
and Distribution to Agrarian Reform
Beneficiaries (ARBs) of Private Agricultural
Lands under R.A. No. 6657 (Effective 8
January 2004)
vi.        DAR A.O. No. 3, Series 2003, 2003
Rules for Agrarian Law Implementation
Cases (Effective 8 February 2003)
vii.       DAR A.O. No. 9, Series of 1998,
Rules and Regulations on the Acquisition,
Valuation, Compensation and Distribution
 of Deferred Commercial Farms (Effective 4
January 1999)
viii.      DAR A.O. No. 6, Series of 1998,
Rules and Regulations Governing the
Acquisition and Distribution of Commercial
Farms under Deferment (Effective 25 May
1998)
ix.        DAR A.O. No. 2, Series of 1994,
Rules Governing the Correction and
Cancellation of Registered/Unregistered
EPs and CLOAs Due to Unlawful Acts and
Omissions or Breach of Obligations of
ARBs and for Other Causes (Effective 25
March 1994)
x.         DAR A.O. No. 2, Series of 1992,
Supplemental Guidelines on A.O. No. 10,
Series of 1990 and other Issuances on the
Rights of Farmworkers (Effective 14
February 1992)
xi.        DAR A.O. No. 10, Series of 1990,
Rules and Procedures in the Distribution of
Private Agricultural Lands to ARBs under
R.A. No. 6657 (Dated 30 August 1990, took
effect ten (10) days after publication.
Repealed by A.O. No. 3, Series of 2003)
2.         Memorandum Circulars
            Memorandum Circular No. 4 Series of
1994 (Clarificatory Guidelines Concerning the
Award to Children under Sections 6 and 22 of
R.A. 6657)
3.         DAR Opinions
i.         DAR Opinion No. 26 Series of 2006,
29 June 2006, on the jurisdiction of DAR in
the screening, selection and identification of
farmer-beneficiaries
ii.        DAR Opinion No. 18 Series of 2006,
29 June 2006, on qualification of preferred
beneficiary (children of landowner)
iii.       DAR Opinion No. 14 Series of 2006,
February 2006, on dual citizenship
 iv.        DAR Opinion No. 21 S. 2001/1
October 2001 (if the awarded land is
abandoned or culpably sold by the
beneficiary)
v.         DAR Opinion No. 22 Series of 2005,
1 August 2005 (Farmworker promoted to
managerial position)
vi.        DAR Opinion No. 7 Series of 2005,
10 November 2005 (CLOA as collateral)
IX.       JURISPRUDENCE
A.        ROMANITA CONCHA ET AL. VS. PAULINO
RUBIO, G.R. NO. 162446, MARCH 29, 2010
            DAR has the authority to determine who are
qualified to be CARP beneficiaries; DARAB has no
appellate jurisdiction over the DAR.
"The finding of the MARO declaring petitioners as
beneficiaries of the land in dispute must, therefore, be
accorded respect. It should also be equally binding on
the DARAB for the simple reason that the latter has no
appellate jurisdiction over the former. The DARAB
cannot review, much less reverse, the administrative
findings of DAR. Instead, the DARAB would do well to
defer to DAR's expertise when it comes to the
identification and selection of beneficiaries, as it did
in Lercana where this Court noted with approval that, in
the dispositive portion of its decision, left to the
concerned DAR Offices the determination of who were
or should be agrarian reform beneficiaries."
B.        TARONA vs. COURT OF APPEALS, G.R. No.
170182, June 18, 2009
            Irrelevance of the issue of CARP coverage to
tenancy issues
            In any event, the resolution of the issue of whether
the entire property or only part of it is subject to CARP
coverage has no bearing on the issue in this
case, i.e. whether petitioners can be considered bona
fide tenants of herein private respondents.
C.        FERDINAND DELA CRUZ, ET AL., VS. AMELIA
QUIAZON, G.R. NO. 171961, NOVEMBER 28, 2008
             The intention to abandon implies a departure,
with the avowed intent of never returning, resuming or
claiming the right and the interest that have been
abandoned; Immigration of the original farmer-
beneficiary . . . did not necessarily result in the
abandonment of the landholding, considering that one
of his sons, . . ., continued cultivating the land.
"Abandonment requires (a) a clear and absolute
intention to renounce a right or claim or to desert a right
or property; and (b) an external act by which that
intention is expressed or carried into effect. The
intention to abandon implies a departure, with the
avowed intent of never returning, resuming or claiming
the right and the interest that have been abandoned.
The immigration of the original farmer-beneficiary . . .
did not necessarily result in the abandonment of the
landholding, considering that one of his sons, . . .,
continued cultivating the land. Personal cultivation, as
required by law, includes cultivation of the land by the
tenant (lessee) himself or with the aid of the immediate
farm household, which refers to the members of the
family of the tenant and other persons who are
dependent upon him for support and who usually help
him in the [agricultural] activities."
D.        DEPARTMENT OF AGRARIAN REFORM VS.
POLO COCONUT PLANTATION CO., INC., ET AL., G.R.
No. 168787, 3 SEPTEMBER 2008
            DAR has the authority to determine who are
qualified to be CARP beneficiaries; Section 22 of the CARL
does not limit qualified beneficiaries to tenants of the
landowners.
"Determining whether or not one is eligible to receive
land involves the administrative implementation of the
program. For this reason, only the DAR Secretary can
identify and select CARP beneficiaries. Thus, courts
cannot substitute their judgment unless there is a clear
showing of grave abuse of discretion.
Section 22 of the CARL does not limit qualified
beneficiaries to tenants of the landowners. Thus, the
DAR cannot be deemed to have committed grave
abuse of discretion simply because its chosen
beneficiaries were not tenants of PCPCI."
E.         SONNY B. MANUEL VS. DEPARTMENT OF
AGRARIAN REFORM ADJUDICATION BOARD, G.R. NO.
149095, 24 JULY 2007
            DAR has the authority to determine who are
qualified to be CARP beneficiaries; Includes authority to
select a substitute to a previously designated beneficiary.
"Inherent in the power of DAR to undertake land
distribution for agrarian reform purposes is its authority
to identify qualified agrarian reform beneficiaries.
Corollary to it is also the authority of DAR to select a
substitute to a previously designated beneficiary who
may have surrendered or abandoned his claim, and to
reallocate the land awarded to the latter in favor of the
former."
F.         RODOLFO HERMOSO, ET AL., VS. C.L. REALTY
CORPORATION, G.R. NO. 140319, MAY 5, 2006
            Landowners do not have the right to choose
when the beneficiaries designated turned out to be
disqualified — the right to select is still with the
MARO/PARO:
            Denying a landowner the right to choose a
CARP beneficiary is, in context, only proper. For a
covered landholding does not revert back to the owner
even if the beneficiaries thus selected do not meet all
necessary qualifications. Should it be found that the
beneficiaries are indeed disqualified, the land
acquired by the State for agrarian reform purposes will
not be returned to the landowner but shall go instead
to other qualified beneficiaries.
            While farmers or farm workers already in place
should be given preferential rights in the distribution of
lands, even people living outside of the barangay
where the property is situated may be qualified as
CARP beneficiaries:
            Another argument was that some of the
beneficiaries were not even residents of Brgy. Alas-
asin where the land is located. It ought to be pointed
out, however, that the petitioners were residents of
neighboring barangays, many of which were within
walking distance from Brgy. Alas-asin. While farmers
or farm workers already in the place should be given
 preferential rights in the distribution of lands, even
people living outside of the barangay where the
property is situated may be qualified as CARP
beneficiaries. . . .
            Section 22 of the CARP law provides merely
for an order of priority in the distribution of the land to
beneficiaries. In the case at bar, there appears to be
no applicants other than the petitioners. Thus, even if
it be assumed that petitioners fall under the last
enumerated order of beneficiaries, namely, "others
directly working on the land," still they are qualified as
beneficiaries since they are all residents of Mariveles,
Bataan, where the land is located, though not
necessarily all residents of the same barangay.
X.        STRUCTURE OF THE DECISION
A.        NATURE OF THE CASE
•           The opening paragraph should discuss the
nature of the case. The reader then knows specifically
what the RD is being asked to decide. State how the
matter is before the RD. Identify the parties and the
nature of the proceedings.
            Example:
"This is a case involving a verified petition filed by
_______________ for the inclusion of
____________________ as ARB which was filed
on ___________________ for the landholding
with TCT ________________ located at
______________________ with an area
_________________."
B.        FACTS
•           Those facts necessary to a disposition of the
matter under consideration should be set forth. Facts
should be stated logically and concisely. A decision
need not and should not set forth all the facts that may
be involved in the case. Only a narrative statement of
the controlling facts should be made. Controlling facts
are facts which, when added together, enable the
judge to come to some factual conclusion that affects
the outcome of the case. The writer has to be
selective; the RD must know which facts are material
to his readers and their understanding of the decision.
 There must be no misstatement of facts. An improper
factual recitation can result in irreversible miscarriage
of justice.
            Example:
"Petitioner _________________ claims that he is
a regular farmworker at the
_____________________ landholding which
belongs to _______________________. The
area was covered under CARP through the
issuance of NOC dated ___________________
which was received on ________________ by
_______________. The verified petition for
inclusion was filed on ________________ at the
____________________ which is _____ days
from ______________."
C.        ISSUE/S
•           Once these preliminary matters have been
covered, the writer must identify the specific legal or
factual issues to be discussed. State the issues
simple enough that even a non-lawyer, can read and
understand. Discuss each issue individually.
            Example:
"1.)    Whether or not the applicant is qualified to
be included as an ARB;
2.)     Whether or not the petition for inclusion was
filed on time."
D.        LAW, RULES AND REGULATIONS AND
JURISPRUDENCE
•           Next, systematically analyze the law, rules and
jurisprudence (if there's any), as it pertain to the facts of the
case leading to the conclusions.
            Example:
"Under Section 22 of R.A. 6657, as amended
______________________. This is further
clarified by A.O. 7 Series of 2011 which states
_______________________________________
_____. The Supreme Court decided in the case
of _______________________________ (G.R.
 ___________) that
__________________________________."
E.         DECISION
•           Having covered each issue, the RD should
summarize the dispositions by bringing together the
conclusions into a decision.
            Example:
"From the records of the case, the petitioner has
clearly proven that he is a regular farmworker in
the subject landholding and does not possess
any of the disqualifications provided by law. The
application was filed within the one-year
prescriptive period pursuant to
___________________________. The petitioner
is therefore entitled to be included in the Master
List of qualified ARBs."