Supreme Court E-Library
Information At Your Fingertips


  View printer friendly version

(NAR) VOL. 9 NO. 1 / JANUARY-MARCH 1998

[ DAR ADMINISTRATIVE ORDER NO. 04,s. 1998, March 04, 1998 ]

REVISION OF A.O. NO. 5, SERIES OF 1996, RE: RULES AND PROCEDURES GOVERNING THE ISSUANCE OF IDENTIFICATION CARDS (IDS) TO ALL AGRARIAN REFORM BENEFICIARIES (ARBS)




I. PREFATORY STATEMENT

Section 15 of Republic Act No. 6657, as implemented by Administrative Order No. 10, Series of 1989, provides that the DAR, in coordination with the Barangay Agrarian Reform Committee (BARC), shall register all agricultural lessees, tenants and farmworkers who are qualified beneficiaries of the CARP.

The objective of the said provision of law and its implementing guidelines is to develop a databank of potential and qualified beneficiaries of the CARP and to identify the actual farmer-beneficiaries for the effective implementation of the program. However, in order to give full recognition to the farmers/farmworkers, there is a need to provide them with an Identification Card (ID) as proof of their being bona fide beneficiaries of the agrarian reform program. Such IDs shall be issued individually to agrarian reform beneficiaries (ARBs) nationwide.

II. POLICY STATEMENT

A. Identification Cards (IDs) shall be issued to Agrarian Reform Beneficiaries (ARBs) who have received duly registered Emancipation Patents (EPs) or Certificates of Land Ownership Award (CLOAs) or other similar Titles issued under the Agrarian Reform Laws, and to holders of registered Leasehold Contracts.

B. Beneficiaries who are found to have violated the provisions of R.A. No. 6657 and other existing agrarian laws and issuances shall be delisted from the masterlist of qualified beneficiaries and the IDs issued in their favor rescinded and cancelled by the DAR through the PARO. In addition to the cancellation of IDs, the cancellation of registered leasehold contracts or EPs/CLOAs, by the DAR Adjudication Board pursuant to Administrative Order No. 02, Series of 1994, entitled, "Rules Governing the Correction and Cancellation of Registered/Unregistered Emancipation Patents (EPs), and Certificates of Land Ownership Award (CLOAs) Due to Unlawful Acts and Omissions or Breach of Obligations of Agrarian Reform Beneficiaries (ARBs) and for other Causes", shall also be undertaken.

C. All EP/CLOA numbers covering singular or multiple awarded lands (i.e., cases where an ARB has been awarded more than one lot) shall be entered on the ID. If the said ARB commits violation/s affecting only one or more of his/her multiple landholdings (i.e., not on all his awarded lots) and is sanctioned pursuant to A.O. No. 2, Series of 1994, the ID shall not be cancelled. Instead, only the EP/CLOA number covering subject lot/s shall be crossed out on the ID and duly initialed by the MARO.

The DAR Adjudication Board (DARAB) shall have jurisdiction in the matter of cancellation of registered EPs/CLOAs, other similar titles and leasehold contracts and disqualification of ARBs. Orders issued by the DARAB, Regional Agrarian Reform Adjudicator (RARAD) and Provincial Agrarian Reform Adjudicator (PARAD), shall be final and executory. Copies shall be furnished the DARPO for purposes of the rescinding and cancellation of IDs.

The cancellation of IDs shall be done administratively by the DAR.

D. To facilitate and systematize the issuance of IDs to the ARBs and to avoid duplication, the Location Code system used by the DAR Management Information Service (MIS) shall be adopted in the numbering of IDs. The code consists of six (6) characters. The Region, the Province, and the Municipality are assigned two (2) characters each. An additional six (6) characters shall be provided to represent the beneficiary's number within the specific municipality (see Annex "A").

E. Funds needed for the generation of IDs shall be charged to the respective DARPOs under their regular allotment for supplies and materials.

F. The IDs shall be controlled, issued and signed by the Provincial Agrarian Reform Officer (PARO) for the Secretary of Agrarian Reform and shall contain the ARB's personal circumstances and other information (see Annex "B"). The IDs shall be officially used by the ARB in identifying himself/herself as an ARB and in securing credit assistance and other support services that may be extended by concerned government agencies.

G. In the case of new/incoming beneficiaries, IDs shall be immediately generated after the registration of EPs/CLOAs, or other similar Titles under the Agrarian Reform Laws and leasehold contracts, and distributed with the said registered documents.

H. IDs shall be validated once every year based on the MARO's inspection of the ARB's performance pursuant to M.C. No. 14, Series of 1996, entitled "Operationalizing the ARB Monitoring System" and M.C. No. 19, Series of 1996, entitled "Guidelines and Procedures Governing the Monitoring of Violations and Circumventions Committed by the Agrarian Reform Beneficiaries (ARBs), Providing Sanctions therefor and Filing of Appropriate Administrative, Quasi-Judicial and/or Criminal Actions." Validation of IDs shall be done through the MARO's initialing of the same, or by the BARC Chairman as authorized by the MARO.

III. COVERAGE

This Administrative Order shall apply to all agrarian reform beneficiaries with registered EPs/CLOAs, or other similar Titles issued under agrarian reform laws and to holders of registered leasehold contracts.

IV. PROCEDURE

A. The MANAGEMENT INFORMATION SERVICE shall:

1. centrally print/produce ID card forms and Validation Sheets;

2. transmit printed ID card forms to the PAROs based on the number of ARBs reflected in the masterlist on file; and

3. provide additional ID card forms for new ARBs upon the request by the DARPOs.

B. The DARPO shall:

1. generate ARB identification and validation page of ARB Information and Monitoring System (AIMS) forms using the records supported by the Emancipation Patent Information Systems/Certificate Of Land Ownership Award Information System (EPIS/CLOAIS) and masterlist of ARBs on file who are recipients of titles to agricultural landed estates, homestead patents and leasehold contract holders, by province, and by municipality;

2. transmit the generated list and masterlist to DARMO for validation of ARBs and comparison with the record on file;

3. upon receipt of the validated list and masterlist of ARBS, generate corresponding IDs and assign numbers to individual ARBs as provided under Item No. II-D of this A.O.;

4. enter the ARB's EP/CLOA number/s in the ID;

5. for newly registered EPs/CLOAs and Leasehold Contracts, immediately generate IDs in the name of corresponding ARBs and distribute the same simultaneously with the EPs/CLOAs, and Leasehold Contracts to the ARBs;

6. transmit the signed IDs and photocopy of certified list of ARBs to the DARMO for distribution to ARBs;

7. request MIS-DARCO for additional ID card forms for issuance to new ARBs; and

8. cancel the IDs of the errant ARBs subsequent to the cancellation of their leasehold contracts or EPs/CLOAs pursuant to A.O. No. 2, Series of 1994.

C. The DARMO shall:

1. Upon receipt of listing of ARBs from the DARPO, cross check with record on file and validate the same through a physical check of ARBs, with the assistance of the BARC or ARB organization in the area, to determine whether they are actually tilling and/or occupying the lands awarded to them. In the case of lands already tilled/occupied by persons other than the registered EP/CLOA holders, the same shall be noted in the list of ARBs and the issuance of IDs shall be held in abeyance pending results of the investigation and decision on the matter;

2. obtain a list of registered leaseholders from the municipal treasurer for comparison and updating of records on file;

3. certify and transmit the validated masterlist to DARPO for issuance of IDs;

4. upon receipt of the signed IDs from the DARPO, cross check the same with the record/masterlist on file. If in order, distribute the IDs with the assistance of the BARC or farmer organization in the area and have these duly received by the ARBs concerned. In cases where there is a discrepancy in the data contained in the IDs, correct the same and transmit to DARPO for reissuance of IDs; and

5. with the assistance of the BARC Chairman, conduct during the calendar year, inspections of the farmholdings of ARBs under their jurisdiction and determine whether or not the ARBs still own and cultivate the landholding awarded to them and have not committed any of the violations and offenses provided under M.C. No. 19, Series of 1996. The MARO shall initial the ID on the space provided at the back of the ID if the ARB is still in good standing and indicate the date of validation. He/she may authorize, in writing, the BARC Chairman to initial IDs on his/her behalf. A copy of this delegation of authority containing the specimen signature and initials of the BARC Chairman shall be furnished the PARO (see Annex "C"). Any ID which does not bear the initials of either the MARO or the authorized BARC Chairman at the end of the yearly inspection shall mean the suspension of the validity of the ID, pending resolution of the case.

In the event that an ARB is found to have committed any violation, prepare a report and concomitant recommendations, and transmit the same with the supporting documents to the DARPO for disposition, in accordance with the operating procedures under Section II of Memorandum Circular No. 19, Series of 1996.

V. EFFECTIVITY

This Administrative Order shall take effect ten (10) days after publication in two (2) national newspapers of general circulation pursuant to Section 49 of R.A. No. 6657. All orders, circulars, rules and regulations inconsistent herewith are hereby revoked, amended or modified as the case may be.

Adopted: 04 Mar. 1998

(SGD.) ERNESTO D. GARILAO
Secretary




© Supreme Court E-Library 2019
This website was designed and developed, and is maintained, by the E-Library Technical Staff in collaboration with the Management Information Systems Office.