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(NAR) VOL. 22 NO. 1, JANUARY - MARCH 2011
[ DAR ADMINISTRATIVE ORDER NO. 04, S. 2010, December 15, 2010 ]
AMENDMENT TO ADMINISTRATIVE ORDER NO. 2, SERIES OF 2009 ON THE INSTALLATION OF AGRARIAN REFORM BENEFICIARIES WITH REGISTERED CERTIFICATE OF LAND OWNERSHIP AWARD (CLOA)
Section 1. Prefatory Statement. There has been confusion in the proper inter- pretation of Administrative Order No. 2, Series of 2009, specifically, Paragraph IV.G.2 thereof, which provides the general rule on installation. There have been instances when agrarian reform beneficiaries (ARBs) were driven out or forcibly ejected from their awarded landholdings due to causes outside their control, such as intimidation, threats, violence, or force from armed elements. However, the abovementioned provision does not specify the exceptions to the general rule. In view of the continuing responsibility on the part of the Department of Agrarian Reform (DAR) to ensure that ARBs with registered Certificates of Land Ownership Award (CLOAs) have full possession and effective control of their awarded landholdings, this clarificatory Order is hereby issued.
Section 2. Continuing Installation. Administrative Order No. 2 Series of 2009, Paragraph IV.G.2 is accordingly hereby amended to read, as follows:
Section 3. Repealing Clause. Any Order or circular inconsistent herewith is hereby modified and amended accordingly.
Section 4. Effectivity Clause. This Administrative Order shall take effect immediately upon signing by the DAR Secretary and shall be published in two (2) newspapers of general circulation.
Adopted: 15 December 2010
(SGD.) VIRGILIO R. DE LOS REYES
Secretary
Section 2. Continuing Installation. Administrative Order No. 2 Series of 2009, Paragraph IV.G.2 is accordingly hereby amended to read, as follows:
“G. INSTALLATION OF AGRARIAN REFORM BENEFICIARIES ON AWARDED LANDSxxx
2. As a general rule, there shall only be a one time installation of ARBs on their specific area of tillage as indicated in their CLOAs, rendering them in constructive and physical possession of the same.
In the event the ARBs are forcibly ejected or driven away from their awarded landholdings due to intimidation, force, threats, violence, or other similar causes, the DAR has the continuing commitment to ensure that the ARBs will regain their effective and peaceful possession thereof. The DAR, in cooperation with the Armed Forces of the Philippines and/or the Philippine National Police, shall under these circumstances ensure that the ARBs are able to fully possess the awarded landholdings.
The DAR shall assist the ARBs in reporting cases of threat/harassment or ejection attempts by the former landowner or other parties to the police or military, and the filing of appropriate legal action against those responsible, if warranted.xxx”
Section 3. Repealing Clause. Any Order or circular inconsistent herewith is hereby modified and amended accordingly.
Section 4. Effectivity Clause. This Administrative Order shall take effect immediately upon signing by the DAR Secretary and shall be published in two (2) newspapers of general circulation.
Adopted: 15 December 2010
Secretary