(NAR) VOL. 26 NO. 2/ APRIL - JUNE 2015
SECTION 3. Notice to Proceed. - Upon receipt by the PARPO of the directive to proceed with the preliminary processing, he shall immediately initiate the process of the issuance of a Notice to Proceed. The Notice to Proceed shall be issued in the same manner, and to the same persons, as that of a Notice of Coverage.
The Notice to Proceed shall inform the landowner that the DAR shall proceed with the preliminary processing of the acquisition of the subject land until the issuance of the Memorandum of Valuation with the attached Land Valuation Worksheet by the LBP, and that it shall proceed thereafter should the Office of the President affirms the decision of the Office of the Secretary in its decision to revoke the Exemption/Exclusion or Conversion Order.
The Notice to Proceed must also state the periods for the LO to file a protest on coverage, nomination of preferred beneficiary/ies, manifestation for exemption/exclusion, and manifestation to exercise the right of retention, as well as to submit a duly attested list of the agricultural lessees, farm workers, and/or tenants in his/her/its landholding, together with the consequences of the failure to exercise the rights during the said periods The same Notice must state in bold letters that the act of the landowner to nominate preferred beneficiaries, exercise the right of retention, and submit lists of tenants and farm workers shall not prejudice his/her/its legal position in the pending appealed case in the OP.
SECTION 4. Period to Protest Coverage, Nominate Preferred Beneficiary/ies, File a Manifestation for Exemption/Exclusion, File a Manifestation to Exercise Retention Rights, Application/Petition for Exemption/Exclusion, and to Choose a Retention Area. - It is incumbent upon the landowner, despite the pending appealed case, to conduct the following within a non-extendible period of thirty (30) days from his receipt of the Notice to Proceed provided for in Section 3 hereof:The failure to do any of the foregoing within the abovementioned reglementary periods shall be construed as a waiver on the part of the LO of the right to protest coverage, to nominate child/ren as preferred beneficiary/ies, to file a petition for exemption or exclusion from CARP coverage, and/or to exercise the right of retention, as the case may be. All protests, nominations, and manifestations/petitions made after this period shall no longer be accepted.
- File a Protest against coverage, which must be filed before the PARPO and should contain the substantial bases thereof;
- Nominate child/ren who may qualify as preferred beneficiary/res;
- File a Manifestation for Exemption or Exclusion from CARP coverage before the PARPO; and
- File a Manifestation to Exercise the Right of Retention before the PARO.
The Application/Petition for Exemption or Exclusion from CARP coverage[1][2] may be filed together with the above-mentioned Manifestation. If it is not filed jointly, the LO can file it, together with the documents required by the rules on exemption or exclusion, within sixty (60) days from receipt of the Notice to Proceed provided for in Section 3 hereof. Non-submission thereof within this reglementary period shall be construed as a waiver or abandonment of his/her/its right to file said Petition for Exemption or Exclusion from CARP coverage with respect to the landholding covered.
The LO may choose a retention area at the same time that he/she/it manifested to exercise the right of retention. If this is not done at the same time, the LO can choose the area within a non-extendible period of fifteen (15) days after manifesting his/her/its desire to exercise the said right.
It is understood that the protest to coverage, or the act of nominating a preferred beneficiary/ies or to file a manifestation to exercise retention, shall be contingent upon the final decision on the issue regarding the revocation of the exemption/exclusion or conversion order, and shall therefore not be prejudicial to the case of the landowner or developer against the said revocation. As such, the act of the landowner to nominate preferred beneficiaries, exercise the right of retention, and submit lists of tenants and farm workers shall not prejudice his/her/its legal position in the pending appealed case in the OP.