DAR issues new guidelines on cancellation of registered EPs, CLOAs and other titles issued under agrarian reform program

sec gilThe Department of Agrarian Reform (DAR) has issued new rules and procedures governing cancellation of registered emancipation patents (EPs), certificates of land ownership awards (CLOAs), and other titles issued under the agrarian reform program through Administrative Order No. 07, Series of 2014.

Secretary Virgilio R. de los Reyes said this amendatory Administrative Order is accordingly issued to highlight the indefeasibility of the EPs, CLOAs, and other titles distributed under agrarian reform, emphasize due process in the cancellation proceedings, streamline the cancellation process before the DAR Secretary, protect the interest of the farmer beneficiaries, and improve the access to justice of farmers before the DAR.

De los Reyes said the new administrative order applies to all cases involving involuntary cancellation of individually registered EPs, CLOAs, and other titles issued by the DAR under any agrarian reform program.

He cited among others the following grounds for the cancellation of EPs, CLOAs, and other titles issued, such as retention area of the landowner; landholding is excluded or exempted from coverage of CARP, P.D. No. 27, or any other agrarian reform laws; defective or irregular Notices of Coverage (NOCs); the landholding falls under the exclusive authority of the Department of Environment and Natural Resources (DENR) or the National Commission on Indigenous People (NCIP).

Also, erroneously-issued titles; nullification of DAR Clearance; misuse or diversion of financial and support services extended to ARBs; misuse of the land; material misrepresentation of the ARB's basic qualifications; premature conversion by the ARB;

Also sale, transfer, lease, or any other form of conveyance by a beneficiary of the right of ownership, right to use, or any other usufructuary right over the land; deliberate and absolute non-payment of three (3) consecutive amortizations in case of voluntary land transfer/direct payment scheme; deliberate and absolute failure of the ARB to pay at least three (3) annual amortizations to the Land Bank of the Philippines (LBP); willful and deliberate neglect or abandonment of the awarded land; or Acts and circumstances analogous to the foregoing.

web darofcDe los Reyes said that verified petition for cancellation may be filed by any party in interest with respect to the title of the land such as, but not limited to (a) the person granted or applying for retention; (b) the person whose land was declared exempted or excluded from the coverage of R.A. No. 6657, as amended, or of P.D. No. 27, or who is applying for such exemption or exclusion thereunder; (c) the person whose landholding was covered under R.A. No. 6657 or P.D. No. 27 despite the existence of a valid final and executory Conversion Order; (d) qualified farmer-beneficiaries who have been determined as legally entitled to the generated and issued CLOA, or persons applying for inclusion as a farmer-beneficiary; (e) re-allocatees of the awarded land, or persons applying for reallocation; (f) actual tillers or occupants of the subject land who could have otherwise qualified as ARB pursuant to applicable laws and rules, and who have been on the land prior to or at the time of coverage; or (g) Provincial Agrarian Reform Program Officers (PARPOs) or the Regional Directors (RDs) with respect to those cases involving any of the grounds under Sections 4.3 to 4.15 or pursuant to a lawful Order.

He added that said rules and procedures do not apply on the following instances: cancellation of EPs, CLOAs, or other titles on the ground of erroneous technical descriptions that will not result in a decrease in the number, increase in the number, or change of beneficiaries; transfer of awarded lands to the heir/s of a deceased beneficiary; correction of typographical errors/entries; other analogous circumstances.