The Department of Agrarian Reform (DAR) released a set guidelines for the issuance of Notice to Proceed for landholdings which are the subject of a case as of 30 June 2014 through Administrative Order No.05, Series of 2015.
Undersecretary for Legal Affairs Luis Meinrado C. Pañgulayan said that this amendatory Administrative Order has been issued to change the nomenclature of “Notice of Coverage” to “Notice to Proceed” in order to avoid any confusion on the nature of the notice.
Pañgulayan said that upon receipt by the Provincial Agrarian Reform Program Officer of the directive to proceed with the preliminary processing, he shall immediately cause the issuance of a Notice to Proceed.
He clarified that the Notice to Proceed shall be issued in the same manner and to the same persons as that of a Notice of Coverage. The purpose of the notice is to inform the concerned landowner that the DAR shall proceed with the preliminary processing of the acquisition and distribution of the land.
He added that the Notice to Proceed must also state the non-extendible 30 day period for the landowner to file a Protest on Coverage, Nomination of Preferred Beneficiary/ies, Manifestation for Exemption/Exclusion, and Manifestation to Exercise the Right of Retention.
The landowner must also submit a duly attested list of the agricultural lessees, farm workers, and/or tenants in his/her/its landholding. The landowner must state under oath his/her/its awareness of the consequences of the failure to exercise the rights during the said period.
The same notice must state in bold letters that the act of the landowner to nominate preferred beneficiaries, exercise the right of retention, and to submit lists of tenants and farm workers shall not prejudice his/her/its legal position in the pending appealed case in the Office of the President.