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 bneneficiaries (ARBs).
Unless otherwise stated, the provisions of this template are based on DAR Administrative
Order No. 2, Series of 2009, effective on 31 October 2009.

II.

CHECKLIST OF DOCUMENTARY REQUIREMENTS

IN ALL CASES
[ ] MARO Report/Ocular Inspection Report
A. INCLUSION OF FARMER-BENEFICIARIES FROM THE MASTERLIST OF
POTENTIAL AGRARIAN REFORM BENEFICIARIES (DAR AO No. 2, SERIES OF
2009)
General requirements
[ ] Master List of Agrarian Reform Beneficiaries (CARP-LAD Form No. 33);
[ ] Request/Petition to be iIncluded 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, MAROs certification to that
effect
[ ] Leasehold contract and /or proof of tenancy papers (if available);
Proofs of general qualifications of ARBs (DAR AO 9, Series of 2009):
1. Landless (owns less than three [3] hectares of agricultural land, as per Section 25 of
RA 6657; AO 9, S. 2009, Item IV.E.1.1.1 );
[ ] Any document of probative value such as:
Certificate of aggregate landholdings of the ARB issued by the
city/municipal/provincial assessor
Land titles
Tax declarations
2. Filipino citizen (IV.E.1.1.2);
[ ] Any document of probative value showing Filipino citizenship such as
Voters identification card

Certified copy of voters registration record

Birth Certificate

3. Permanent resident of the barangay and/or municipality where the landholding is

located (IV.E.1.1.3);

Formatted: Bulleted + Level: 1 + Aligned at:

0.78" + Tab after: 1.03" + Indent at: 1.03"
Formatted: Indent: Left: 1.03"

[ ] Any document of probative value such as

Barangay certificate indicating potential ARBs as permanent or bonafide
residents of the barangay
Valid postal identification card
4. At least fifteen (15) years of age at the time of identification, screening and selection
of farmer-beneficiaries (IV.E.1.1.4);
[ ] Any document of probative value showing date of birth such as
Voters identification card or certified copy of voters registration record
Birth certificate
Marriage License/Marriage Contract
Affidavit of two (2) Disinterested Persons

Formatted: Bulleted + Level: 1 + Aligned at:

0.75" + Tab after: 1" + Indent at: 1"
Formatted: Indent: Left: 1"

5. Willing, able and equipped with the aptitude to cultivate and make the land productive
(IV.E.1.1.5)
[ ] 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 (in addition to the
above)

Must have been employed as of 15 June 1988 in the landholding covered by the
CARP (Item IV.E.1.2).
[ ] 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 copy of notice of dismissal or retrenchment for
farmworker beneficiaries, in cases of dismissal or retrenchment;
Original or certified copy of 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;
Original or certified copy of letter of resignation for farmworker beneficiaries,
if applicable.

Proofs of qualifications of a landowners child as preferred beneficiary (DAR AO 2, Series of

2009)

1. Child of landowner (Item IV.E.5);

[ ] Any document of probative value such as
Birth certificate
Baptismal certificate
2. Filipino citizen (Item IV.E.5.1);
[ ] Any document of probative value showing Filipino citizenship such as
Voters identification card
Certified copy of voters registration record
3. At least fifteen (15) years of age at the time of identification, screening and selection
of farmer-beneficiaries (IV.E.5.2);
[ ] Any document of probative value such as
Voters identification card
Certified copy of voters registration record
4. Actual tiller or directly managing the farm as of the time of conduct of field
investigation of the landholding under CARP (IV.E.5.3).
[ ] Ocular inspection report showing such fact,
[ ] Affidavits of two (2) disinterested persons to that effect, and
Additional requirement:
[ ] 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 OF

POTENTIAL AGRARIAN REFORM BENEFICIARIES (DAR AO No. 2, SERIES OF
2009)
General requirement
[ ] Master List of Agrarian Reform Beneficiaries (CARP-LAD Form No. 33);
Proof of grounds for exclusion (DAR AO 2, Series of 2009)
1. Failure to meet the qualifications as provided for under Section 22 of R.A. No. 6657,
as amended. (Item IV.E.3.1. Please see general qualifications of farmer-beneficiaries
listed in Part III-A);
[ ] Any document of probative value that will establish such failure.
2. Execution of 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

date of approval (not effectivity) of DAR AO No. 2, Series of 2009 (15 October
2009);1(Item IV.E.3.2)
[ ] Original or photocopy of waiver of right, and
[ ] Receipt/s of payment of due compensation (if available)
3. 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 (Item IV.E.3.5);
[ ] Notice of dismissal,
[ ] Original or certified copy of decision, order or ruling by a court, quasi-judicial
body or administrative agency, and
[ ] 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 AO No. 7, Series of 2003 (18 December 2003);2
(DAR AO 7, Series of 2003, Section 5.11);
[ ] 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 in the commercial farm as of June 15,
1988 (AO No. 2, Series of 2009, Item IV.E.1.2);
[ ] Certificate of employment showing relevant dates and positions
6. Obtaining a substantially equivalent and regular employment (any employment or
profession from which the applicant farmer derives income equivalent to the income
of a regular farmworker at the time of the ARB identification, screening and
selection) (Item IV.E.3.6);
[ ] Certificate of employment,
[ ] Latest payslip,
[ ] Leasehold contract/contract of employment as farmworker, if available, and
[ ] Receipts of payment of salaries

1 DAR AO No. 2, Series of 2009 took effect on 31 October 2009, ten days after it was published in two
newspapers of general circulation.
2 DAR AO No. 7, Series of 2003 took effect on 8 January 2004, ten days after it was published in two
newspapers of general circulation.

7. 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 (not effectivity) of DAR AO No. 2, Series of 2009 (15 October 2009)3;
(Item IV.E.3.7)
[ ] Resignation/retirement letter,
[ ] Certification from employer, and
[ ] Certification from pertinent court or administrative agency that there is no case
filed questioning the retirement or alleging resignation attended by coercion or
deception
8. Material misrepresentation of the ARBs basic qualifications as provided for under
Section 22 of R.A. No. 6657, as amended, P.D. No. 27, and other agrarian laws (Item
IV.E.3.10);
[ ] Copy of falsified document,
[ ] Copy of true document,
[ ] Affidavits of two (2) disinterested persons setting out facts of the
misrepresentation, and
[ ] BARC Certification showing the facts of misrepresentation
9. Final judgment for forcible entry into the property or for unlawful detainer (Item
IV.E.3.13);
[ ] 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.
10. 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 (Item IV.E.3.14).
[ ] Copy of the judgment of the appropriate tribunal or agency, and
[ ] Copy of the entry of judgment
C. DISQUALIFICATION OF FARMER-BENEFICIARIES WHO HAVE PASSED THE
SCREENING PROCEDURE (DAR AO No. 2, SERIES OF 2009)
Proof of grounds for disqualification existing before award of EP/CLOA
See grounds for exclusion of farmer-beneficiaries from the masterlist of potential
agrarian reform beneficiaries.

3 See supra text at note 1.

Proof of grounds for disqualification existing after award of EP/CLOA (in effect grounds for
cancellation of EP/CLOA (DAR AO 2, Series of 2009)
1. Deliberate non-payment of an aggregate of three (3) annual amortizations and failure
to exercise the right of redemption/repurchase within two (2) years resulting in the
foreclosure of mortgage by the LBP of a previously awarded land (Item IV.E.3.3);
[ ] LBP certification of non-payment of an aggregate of three annual amortizations,
and
[ ] Copies of all receipts of payments
2. Deliberate non-payment of three (3) annual amortizations to the landowner (LO)
resulting in the repossession by the landowner of the awarded land (in the case of
voluntary land transfer/direct payment scheme) (Item IV.E.3.4);
[ ] Copies of all receipts of payments
3. Misuse or diversion of financial support services extended by the government (Item
IV.E.3.8; RA 6657, Section 37);
[ ] Affidavits of two (2) disinterested persons showing facts of such misuse or
diversion, and
[ ] 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 (Item
IV.E.3.9; RA 6657, Section 22);
[ ] Affidavits of two (2) disinterested persons,
[ ] 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 nonproductivity, and
[ ] Recent photographs of the land (taken within the week prior to filing of the
petition)
5. Material misrepresentation of the ARBs basic qualifications (Item IV.E.3.10);
[ ] Copy of falsified document,
[ ] Copy of true document,
[ ] Affidavits of two (2) disinterested persons setting out facts of the
misrepresentation, and
[ ] BARC Certification
6. Sale or disposition of the awarded land within the ten-year prohibitory period under
Section 27 of RA 6657, 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) (Item
IV.E.3.11);

For sale or disposition:

[ ] Copy of the Certificate of Land Ownership Award (CLOA),
[ ] 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:
[ ] 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. Conversion of agricultural lands to non-agricultural use without prior approval from
the DAR (Item IV.E.3.12);
[ ] BARC Certification showing facts of the conversion,
[ ] DAR Certification on non-issuance of conversion order and non-existence of
application for conversion, and
[ ] 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 (Item IV.E.3.14).
[ ] Copy of the judgment of the appropriate tribunal or agency, and
[ ] Copy of the entry of judgment
Note: Under DAR Opinion No. 18, Series of 2006, the refusal of the identified farmerbeneficiaries to sign the Land Valuation and Farmers 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 noncooperation may include (1) affidavits of two (2) disinterested persons, and (2)MARO report
containing facts constituting refusal and non-cooperation of the identified farmerbeneficiaries.

III.

JURSIDICTION

1. 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).

2. 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.
3. 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
As set forth in Item D.4.a of the operating procedures of DAR AO No. 2, Series of 2009, the
following interested parties may file protests for inclusion, exclusion or disqualification of
farmer-beneficiaries:
1. Any potential ARBs, and
2. Concerned parties
Note: Concerned parties include: (1) farmers organizations whose members are potential
ARBs to the subject land, and (2) the Provincial Agrarian Reform Officer in his official
capacity, who is also empowered to file actions for cancellation of EPs and CLOAs under
DAR AO No. 3, Series of 2009.
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).

Formatted: Font: Not Italic

V. TIMELINESS
A. PETITION FOR INCLUSION/EXCLUSION FROM THE MASTERLIST

Within fifteen (15) days from the denial of the petition for inclusion in/exclusion from
the masterlist by the DARPO, a petition for inclusion/exclusion may be filed with the
Regional Director by the concerned party.

B. PETITION FOR DISQUALIFICATION OF FARMER-BENEFICIARIES WHO HAVE

PASSED THE SCREENING PROCEDURE

As soon as the grounds for disqualification have been made known to the petitioner,
the petition for disqualification should be filed.

VI.

DECISION

A. INCLUSION OF FARMER-BENEFICIARIES FROM THE MASTERLIST OF

POTENTIAL AGRARIAN REFORM BENEFICIARIES
The petition for inclusion of farmer-beneficiaries should be granted if the applicant
possesses all qualifications and none of the disqualifications set forth in Part III-A of this
template.

Formatted: Indent: First line: 0"

If the petitioner fails to satisfy any one (1) of the qualifications but possesses none of the
disqualifications, the petition should be denied.

Formatted: Indent: First line: 0"

If the petitioner satisfies all qualifications but possesses at least one (1) disqualification,
the petition should likewise be denied.

Formatted: Indent: First line: 0"

B. EXCLUSION OF FARMER-BENEFICIARIES FROM THE MASTERLIST OF

POTENTIAL AGRARIAN REFORM BENEFICIARIES
The petition should be denied if the respondent possesses all qualifications and none of
the disqualifications set forth in Part III-B of this template.

Formatted: Indent: First line: 0"

If the respondent fails to satisfy any one (1) of the qualifications but possesses none of the
disqualifications, the petition should be granted.

Formatted: Indent: First line: 0"

If the respondent satisfies all qualifications but possesses at least one (1) disqualification,
the petition should likewise be granted.

Formatted: Indent: First line: 0"

C. DISQUALIFICATION OF FARMER-BENEFICIARIES WHO HAVE PASSED THE

SCREENING PROCEDURE

Disqualification existing before award of EP/CLOA

The petition should be denied if the respondent possesses all qualifications and none of
the disqualifications set forth in Part III-B of this template (as referred to by Part III-C).

Formatted: Indent: First line: 0"

If the respondent fails to satisfy any one (1) of the qualifications but possesses none of the
disqualifications, the petition should be granted.

Formatted: Indent: First line: 0"

If the respondent satisfies all qualifications but possesses at least one (1) disqualification,
the petition should likewise be granted.

Formatted: Indent: First line: 0"

Disqualification after award of EP/CLOA

Check first if the petition is a collateral attack on the EP or CLOA, in which case the petition
should be denied without prejudice to the filing of a petition for cancellation of the EP or
CLOA.
If the petition is not a collateral attack, observe the following guidelines:
The petition should be denied if the respondent possesses all qualifications and none of
the disqualifications set forth in Part III-C.

Formatted: Indent: First line: 0"

If the respondent fails to satisfy any one (1) of the qualifications but possesses none of the
disqualifications, the petition should be granted.

Formatted: Indent: First line: 0"

If the respondent satisfies all qualifications but possesses at least one (1) disqualification,
the petition should likewise be granted.

Formatted: Indent: First line: 0"

10

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 Directors final order
(AO 3, Series of 2003, Section 27).
(2) A motion for reconsideration of the DAR Secretarys 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 AO 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, JURISPRUDENCE

A. GUIDING PRINCIPLES
1. 1987 Philippine Constitution
(a) (a)Article XIIii, National Economy And Patrimony, 1987 Philippine Constitution
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.

Formatted: Numbered + Level: 1 +

Numbering Style: a, b, c, + Start at: 1 +
Alignment: Left + Aligned at: 0.25" + Indent
at: 0.5"

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. Xxx
(b) (b)Article XIIii. Agrarian And Natural Resources Reform, 1987 Philippine
Constitution.
Section 4. The State shall, by law, undertake an agrarian reform program founded on the
right of famers and regular farmworkers who are landless, to own directly or collectively

Formatted: Numbered + Level: 1 +

Numbering Style: a, b, c, + Start at: 1 +
Alignment: Left + Aligned at: 0.25" + Indent
at: 0.5"

11

the lands they till or, in the case of other farmworkers, to receive a just share of the fruits
thereof. Xxx
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. RA 6657, Comprehensive Agrarian Reform Law (CARL)
(1)

SECTION 2, RA 6657 (Comprehensive Agrarian Reform Law). Declaration of

Principles and Policies. xxx The agrarian reform program is founded on the right
of farmers and regular farm workers, to receive a share of the fruits thereof. Xxx
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. RA 6657
SEC. 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)
(b)
(c)
(d)
(e)
(f)
(g)

agricultural lessees and share tenants;

regular farm workers;
seasonal farm workers;
other farm workers;
actual tillers or occupants of public lands;
collective or cooperatives of the above beneficiaries; and
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.

12

SEC. 23 Distribution Limit No qualified beneficiary may own more than three (3)
hectares of agricultural land.
SEC. 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

1) Section 8
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
(1) DAR AO No. 10 Series of 1990, Rules and Procedures in the Distribution of
Private Agricultural Lands to ARBs under RA 6657 (Dated 30 August 1990,
took effect ten (10) days after publication. Repealed by AO 3 Series of 2003)
(2) AO No. 2 Series of 1992, Supplemental Guidelines on AO 10 Series of 1990
and other Issuances on the Rights of Farmworkers (Effective 14 February
1992)
(3) DAR Administrative Order 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)

13

(4) DAR AO 6 Series of 1998, Rules and Regulations Governing the Acquisition
and Distribution of Commercial Farms under Deferment (Effective 25 May
1998)
(5) DAR AO 9 Series of 1998, Rules and Regulations on the Acquisition,
Valuation, Compensation and Distribution of Deferred Commercial Farms
(Effective 4 January 1999)
(6) DAR AO 3 Series 2003, 2003 Rules for Agrarian Law Implementation Cases
(Effective 8 February 2003)
(7) DAR AO 7 Series of 2003, Identification, Screening and Selection of, and
Distribution to Agrarian Reform Beneficiaries (ARBs) of Private Agricultural
Lands Under Republic Act (R.A.) No. 6657 (Effective 8 January 2004)
(8) DAR Administrative Order No. 6 Series of 2006, Revised Guidelines on Award
to Children of Landowner Pursuant to Section 6 and 22 of RA 6657 (Dated 6
September 2006. Took effect ten (10) days after publication.)
(9) DAR AO 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 Republic
Act (R.A.) No. 6657 (Effective 29 June 2008)
(10) DAR AO 2 Series of 2009, Rules of Procedure Governing the Acquisition and
Distribution of Agricultural Lands under RA 6657 as amended by RA 9700
(Effective 31 October 2009)
Note: Under the Transitory Provision of DAR AO 2 Series of 2009, in relation
to cases where the Masterlist of ARBs has been finalized on or before 1 July
2009 pursuant to AO 7 Series of 2003, the acquisition and distribution of
landholdings shall continue to be processed under the provisions of RA No.
6657 prior to its amendment by RA 9700.

2. Memorandum Circulars
(1) Memorandum Circular No. 4 Series of 1994 (Clarificatory Guidelines
Concerning the Award to Children under Sections 6 and 22 of RA 6657)
3. DAR Opinions
(1) DAR Opinion No. 26 Series of 2006, 29 June 2006, on the jurisdiction of DAR
in the screening, selection and identification of farmer-beneficiaries
(2) DAR Opinion No. 18 Series of 2006, 29 June 2006, on qualification of
preferred beneficiary (children of landowner)
(3) DAR Opinion No. 14 Series of 2006, February 2006, on dual citizenship

14

(4) DAR Opinion No. 21 S. 2001/1 October 2001 (if the awarded land is
abandoned or culpably sold by the beneficiary)
(5) DAR Opinion No. 22 Series of 2005, 1 August 2005 (Farmworker promoted to
managerial position)
(6) DAR Opinion No. 7 Series of 2005, 10 November 2005 (CLOA as collateral)
D. JURISPRUDENCE
1) Department of Agrarian Reform vs. Polo Coconut Plantation Co., Inc, et. al., G.R. No.
168787, 3 September 2008
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.
2) Sonny B. Manuel vs. Department of Agrarian Reform Adjudication Board, G.R. No.
149095, 24 July 2007
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.
3) Department of Agrarian Reform vs. Department of Education, Culture and Sports, G.R.
No. 158228, March 23, 2004
Since the identification and selection of CARP beneficiaries are matters involving
strictly the administrative implementation of the CARP, it behooves the courts to
exercise great caution in substituting its own determination of the issue, unless there is
grave abuse of discretion committed by the administrative agency.
4) Ferdinand Dela Cruz et al. vs. Amelia Quiazon, G.R. No. 171961, November 28, 2008
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.
5) Romanita Concha et al. vs. Paulino Rubio, G.R. No. 162446, March 29, 2010

Formatted: Font color: Auto

15

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.