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On 30 September 2011, Administrative Order (A.O.) No. 7, Series of 2011, otherwise known as “The Revised Rules and Procedures Governing the Acquisition and Distribution of Private Agricultural Lands under Republic Act (R.A.) No. 6657, as amended”, was issued pursuant to Section 49 of R.A. No. 6657, as amended, and the overall mandate of the Department of Agrarian Reform (DAR) to implement the Comprehensive Agrarian Reform Program (CARP) and other agrarian reform laws.

The Issuance of a Notice of Coverage (NOC) to the landowner is a mandatory requirement that initiates compulsory land acquisition proceedings of private agricultural lands, in order to inform the latter that his/her/its land is covered under the Comprehensive Agrarian Reform Program (CARP), and that he/she/it can exercise certain rights within a reasonable time. In order to start the process of documentation for land acquisition, reasonable notice should be given to the landowner.

The prevailing rule on the issuance of the NOC is provided in Section 15 of A.O. No. 7, series of 2011, which states that: “The NOC shall be issued to the registered landowner (RLO) of the landholding, as stated in the Transfer Certificate of Title (TCT) or Original Certificate of Title (OCT), or, in case of untitled private agricultural lands, the Tax Declaration, preferably not later than one hundred and eighty (180) days prior to the first day of the scheduled date of acquisition and distribution as provided for in Section 5 of this Rule.”

The manner by which the identity of the registered landowner is determined is of critical importance in the issuance of NOCs for remaining private landholdings to be covered under the compulsory acquisition mode of CARP, and requires further clarification especially in instances when the original copies of the titles are unavailable for various reasons, for the guidance of the Department’s field personnel.

Pursuant to Section 30 of R.A. No. 9700, land acquisition activities for landholdings over which NOCs have already been issued and served are considered pending proceedings which shall be processed until completed even beyond 30 June 2014. In this regard, all NOCs issued and properly served pursuant to this A.O., A.O. No. 7, Series of 2011, and all other previous A.O.s regarding land acquisition and distribution shall be deemed as the initiation of a pending proceeding that may continue even beyond 30 June 2014.

SECTION 1. Section 15 of A.O. No. 7, Series of 2011 is hereby amended to read, as follows:

SECTION 15. Issuance of Notice of Coverage.-

x x x

“In case the RLO stated in the TCT or OCT is different from that stated in the Tax Declaration, the NOC shall be served to the RLO stated in the TCT or OCT.

“IN CASE THE REGISTER OF DEEDS (ROD) CANNOT ISSUE TO THE DAR A CERTIFIED TRUE COPY OF THE TCT/OCT OF A PARTICULAR LANDHOLDING WITHIN THIRTY (30) DAYS FROM RECEIPT OF THE WRITTEN REQUEST OF THE LATTER, OR IN CASE THE ROD OR THE LRA HAS CERTIFIED THAT THE TCT/OCT IS MISSING FROM ITS RECORDS, ANY ONE OR MORE OF THE FOLLOWING SHALL BE SUFFICIENT AS BASIS FOR IDENTIFYING THE RLO FOR PURPOSES OF ISSUING THE NOCS, TO WIT:

1. PHOTOCOPY OF THE SUBJECT TCT OR OCT ALREADY IN THE POSSESSION OF DAR SINCE PRIOR TO 1 JULY 2010;
2. TAX DECLARATION OF THE SUBJECT LANDHOLDING INDICATING THE NAME OF THE LANDOWNER;
3. A CERTIFICATION FROM THE ROD THAT THE OCT/TCT IS MISSING FROM THEIR RECORDS, PROVIDED THAT THE TECHNICAL DESCRIPTION AND THE LAST KNOWN REGISTERED OWNER IS INDICATED THEREON; AND/OR
4. PUBLIC DOCUMENTS, SUCH AS A NOTARIZED DEED OF SALE OR DONATION, PROVIDED THAT THE SAME STATES THE NAME OF THE LANDOWNER AND THE LOCATION AND TECHNICAL DESCRIPTION OF THE LANDHOLDING.

“IN CASE THE RLO IDENTIFIED IN ANY OF THE AFOREMENTIONED DOCUMENTS ARE DIFFERENT FROM EACH OTHER, THE NOC SHALL BE ISSUED TO ALL OF SAID PERSONS AS OWNERS FOR PURPOSES OF CARP COVERAGE, SUBJECT TO THE DETERMINATION OF WHO HAS A BETTER RIGHT ON THE JUST COMPENSATION PROCEEDS BY THE PROPER TRIBUNAL.

x x x”

SECTION 2. Section 16 of A.O. No. 7, Series of 2011 is hereby amended to read, as follows:

“SECTION 16. Service of NOC.

x x x

“d.

Immediate Publication: If the address of the person authorized to receive is unknown, or substituted service is not available or fails, OR IF THE NOC IS SERVED TO A RLO/RLOS NOT BASED ON THE CERTIFIED TRUE COPY OF THE OCT /TCT BUT ON SUCH OTHER BASIS AS PROVIDED FOR IN SECTION 15 HEREOF, the MARO who has jurisdiction over the subject landholding shall immediately file a written report as to EITHER the investigation made and the failure to know the address of the LO to the PARO, OR OF THE FACT THAT THE NOC WAS ISSUED TO A RLO/RLOS BASED ON SUCH OTHER BASIS, and the latter shall send a copy of the NOC to the Bureau of Land Tenure Improvement (BLTI). The BLTI shall thereafter cause the publication of the NOC.”

SECTION 3. Repealing Clause. All A.O.s inconsistent herewith are hereby accordingly repealed, modified, and/ or amended.

SECTION 4. Separability Clause. Any judicial pronouncement declaring as unconstitutional any provision of this A.O. shall have no effect on the validity of the other provisions not affected thereby.

SECTION 5. Effectivity Clause. These Rules shall take effect ten (10) days after its publication in two (2) newspapers of general circulation.

Diliman, Quezon City, February 21, 2014.

(SGD) VIRGILIO R. DE LOS REYES
Secretary