LECTURE NOTES

1. What is Comprehensive Agrarian Reform Program (CARP)?

The CARP is the redistribution of public and private agricultural lands to farmers and farmworkers
who are landless, irrespective of tenurial arrangement.

CARP’s vision is to have an equitable land ownership with empowered agrarian reform beneficiaries
who can effectively manage their economic and social development to have a better quality of life.

Three major components of CARP/DAR Mandate:

A. Land Tenure Improvement (LTI) – Implementation and the completion of the land acquisition,
and distribution of agricultural lands to landless farmers. It also includes the implementation of
other non-land transfer schemes such as leasehold program of the DAR.
B. Agrarian Justice Delivery (AJD) - DAR provision of legal assistance to farmer beneficiaries and
adjudication of agrarian cases
C. Program Beneficiaries Development (PBD) - Provision of support services such as infrastructure
facilities, marketing assistance program, credit assistance program, and technical support
programs

2. What is the legal basis for CARP?

The legal basis for CARP is the 1987 Constitution and Republic Act No. 6657, as amended by Republic
Act 9700, otherwise known as Comprehensive Agrarian Reform Law (CARL).

Section 4, Article XIII of the Philippine Constitution mandates that “the State shall, by law, undertake
an agrarian reform program founded on the right of farmers and regular farm workers, who are
landless, to own directly or indirectly the land they till.”

R.A. 6657, signed by President Corazon C. Aquino on June 10, 1988, is an act which aims to promote
social justice and industrialization, providing the mechanism for its implementation, and for other
purposes.

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3. What is the general flow of the Land Acquisition and Distribution (LAD) Process under the
CARP?

Land Acquisition and Distribution

a) Identification of Landholdings IDENTIFICATION OF LANDHOLDINGS SUBMISSION OF LETTER-OFFER

Prior to the acquisition of private SERVICE OF LETTER OF ACCEPTANCE

ISSUANCE OF NOC
agricultural lands, the DAR is expected to
have an inventory of private agricultural
lands to be covered and distributed from
July 1, 2009 to June 30, 2014. This is
LANDOWNER’S OPTIONS
contained in its LAD-CARPER Balance Data
Base.
ARB IDENTIFICATION & APFU SIGNING
It is the responsibility of the DAR to identify
the owners of the land to be covered
and/or to ascertain whether these lands
LAND SURVEY & JOINT FIELD INVESTIGATION
are classified as alienable and disposable
(A&D lands).Upon identification of the
landholdings, the DAR through the MARO,
conducts a Preliminary Ocular inspection to LAND VALUATION

determine whether these lands may be

covered under CARP
CLOA GENERATION
Validation of ownership of the covered
properties is principally done through
gathering the three (3) basic documents:
A. Certified true copy of the land title; INSTALLATION OF ARBS
B. Certified true copy of the tax
declaration; and
C. Copy of the approved survey plan or sketch plan certified by a licensed geodetic engineer (GE).

b) Issuance of the Notice of Coverage (NOC)

Upon completion of the required documents for validation of landholdings that are compulsorily
acquired, the DAR through its provincial office shall issue the NOC

An NOC is a notice issued by the DAR to the landowner advising the latter that the subject
landholding is being acquired under the agrarian reform program of the government.

The NOC advices the landowner of the period in which to avail of the remedies available to him/her:
 To file a (i) protest on the coverage; ii) manifestation for exemption or exclusion; or iii)
manifestation to exercise the right of retention
 To nominate preferred beneficiary/ies; and
 To submit a list of agricultural lessees, regular and seasonal farmers, and his/her
tenants.

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 c) Submission of Letter Offer (for VOS/”Voluntary Offer to Sell” lands)

Landowners may voluntarily offer their private agricultural lands for coverage under CARP by
submitting a notarized Letter-Offer to the PARO in a form provided by the DAR.

It shall also contain the proposed amount for the subject property, the intention to exercise the right
of retention and the name of the preferred beneficiary/ies if applicable.

d) Service of Letter of Acceptance

A VOS is deemed accepted upon receipt of the landowner of the PARO’s letter of acceptance. An
NOC is not required for lands covered through the VOS. The Letter of Acceptance serves as an NOC.

e) Landowner’s (LO) Options

Upon receipt of the NOC, the landowner may do the following within a non-extendible period of 30
days:

 Nominate preferred beneficiaries

 File a protest from coverage
 File a manifestation for exemption or exclusion from coverage
 File a manifestation to exercise the right of retention

For landholdings covered through VOS, the landowner shall exercise his/her right of retention and
right to nominate preferred beneficiaries by submitting a notarized notice thereof at any time prior
to the completion of service of the Letter of Acceptance.

Failure to act within the given period shall be construed as a waiver on the part of the landowner of
the right to protest coverage, to nominate preferred beneficiaries, to file petition for exemption or
exclusion from CARP coverage and/or to exercise the right of retention, as the case may be.

f) ARB Identification

 Section 22 of R.A. 6657, as amended provides for the qualified beneficiaries under CARP. The
lands covered under the program shall be distributed as much as possible to landless residents
of the same barangay, or in the absence thereof, landless residents of the same municipality in
the following order of priority:
    (a) lessees and tenants;
    (b) regular farm workers;
    (c) seasonal farm workers;
    (d) other farm workers;
    (e) actual tillers or occupants of public lands;
    (f) collective or cooperatives of the above beneficiaries; and
    (g) others directly working on the land.
 Qualified beneficiaries may own lands not exceeding three (3) hectares of agricultural lands
 The children of landowners who are qualified under the law shall be given preference in the
distribution of the land of their parents.

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 Actual tenant -tillers in the landholding shall also not be ejected or removed in the land covered
by CARP.
 The minimum qualifications for an ARB are:
(a) He must be a farmer/tiller who owns less than three (3) hectares of agricultural land;
(b) A Filipino citizen;
(c) A resident of the barangay (or municipality if there are not enough qualified ARBs in the
barangay);
(d) At least fifteen (15) years of age at the time of the identification, screening, and
selection of farmer-beneficiaries; and
(e) Willing, able, and equipped with the aptitude to cultivate and make the land productive.
 For commercial farms or plantations, the applicant must be employed in the subject landholding
in order to be deemed as a regular farmworker.
 The following are not qualified to be beneficiaries:
(a) LO-Mortgagors, including their children, of foreclosed lands, where the redemption
period has already expired;
(b) LOs who voluntarily offered their property;
(c) LOs who waived their right of retention;
(d) Farmworkers in commercial farms or plantations holding managerial or supervisory
positions as of the issuance of the NOC.
 Within thirty (30) days from receipt of the NOC, the landowner is directed to submit a list of all
his/her tenants, agricultural lessees, and farmers (regular and seasonal) at the time of its
issuance. Said list shall be the initial basis for the identification of farmer beneficiaries. If the
landowner fails or refuses to submit the said list, the MARO shall conduct an initial
determination of who are the qualified ARBs for the pertinent landholding.
 Within three (3) working days from receipt of the list or after the lapse of the thirty (30) day
period for the submission, the MARO together with the Barangay Agrarian Reform Council
(BARC) shall prepare the preliminary list of qualified ARBs clearly indicating therein their
classification (i.e. tenants, regular farmworkers, etc.). The preliminary list shall be posted for
seven (7) days at the subject landholding and on the bulletin boards of the Municipal/City Hall
and Barangay Hall where the land covered is located.

g) APFU Signing

 An Application to Purchase and Farmer’s Undertaking (APFU) is a document containing the

undertaking of the ARB that he:
(a) Is willing to work on the land to make it productive; and
(b) Will assume the obligation of paying the amortization for the compensation of the land
as well as the land taxes thereon
 The ARBs who qualify under the screening process shall sign the Application to Purchase and
Farmer’s Undertaking (APFU) before a judge of the city/municipal court within thirty (30) days
from receipt.
 Under AO 7 Series of 2011 as amended by AO 3 Series of 2013, the ARBs need to sign the APFU,
stating that they are willing to work on the land to make it productive and to assume the
obligation of paying the amortization for the compensation of the land as well as the land taxes
thereon. The ARBs will also need to make an oath before the judge of the city or municipality
committing that they will comply with their pledge in the APFU. Failure to or refusal to execute
and sign the APFU constitutes a waiver of the farmer’s right to become an ARB.
 Under AO5 Series of 2017, the execution of the APFU is no longer required for purposes of giving
their assurance in complying with their responsibilities and obligations as ARBs. What is required

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 is the ARB’s oath before the judge of the city or municipal court pledging their compliance with
their undertaking as ARBs. The ARB Oath will not be a condition precedent to their qualification
as ARBs of the landholding.

h) Land Survey and Joint Field Investigation

After the identification of qualified ARBs, DAR will then proceed with the survey of the subject
landholding. The land survey will identify the coverable areas and will delineate the portions
allocated for each ARB. Thereafter, a field investigation will be conducted by the MARO and
representatives of LBP and BARC in preparation for the determination of just compensation.

i) Land Valuation

 The LBP shall determine the initial valuation of the landholding and inform DARPO of its
computation through a Memorandum of Valuation (MOV) with a Land Valuation Worksheet
(LVW). No MOV, however, shall be issued by LBP prior to its receipt of the Approved Survey Plan
(ASP).
 The ASP refers to the survey plan verified and approved by DENR-LMS. DARPO shall submit the
ASP to the LBP within three (3) days from receipt. If the ASP’s total area is not different from the
survey plan included in the Claim Folder (CF), then the LBP may determine the initial valuation.
Otherwise, a resurvey must be conducted to correct the discrepancy.

j) Certificate of Land Ownership Award (CLOA) Generation

 A Certificate of Land Ownership Award (CLOA) is a document evidencing ownership of the land
granted or awarded to the beneficiary by DAR. It contains the restrictions and conditions
provided for in RA 6657 and other applicable laws.
 In general, the land awarded to an ARB should be under an individual CLOA-title covering one (1)
contiguous tract of several parcels of lands cumulated to a maximum of three (3) hectares.
 Collective CLOAs may be issued under the following instances:
(a) The current farm management system of the land covered by CARP is not appropriate
for either individual farming or division of the landholding into far parcels;
(b) The farm labor system is specialized, where the farmworkers are organized by functions
such as spraying, weeding, packing and other similar activities, and not by specific
parcels;
(c) The potential beneficiaries are currently not farming individual parcels but collectively
working on large contiguous areas; and
(d) The farm consists of multiple crops being farmed in an integrated manner, or includes
non-crop production areas that are necessary for viability of farm operations, such as
packing plants, storage areas, dikes, and other similar facilities that cannot be
subdivided or assigned to individual farmers.

k) Installation of ARBs

 Installation refers to a series of activities initiated by the DAR to achieve the effective possession
and peaceful control by ARBs of the awarded land.
 As owners, the ARBs have the right to take possession of the land from the time the same is
awarded to them through a registered CLOA. However, the ARBs already have the right of

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 usufruct over the land from the time the DAR takes constructive or actual possession of the land
until the award of a CLOA.

4. What are the government offices involved in the program?

The lead agencies are the Department of Agrarian Reform (DAR), and the Department of
Environment and Natural Resources (DENR).

5. Can DAR seek the assistance of other government agencies?

Section 69 of RA. 6657 expressly provides that DAR, in the exercise of its functions, is authorized to
call upon the assistance and support of other government agencies, bureaus and offices, including
government owned or controlled corporations.

6. Does it include the Philippine National Police (PNP) and the Armed Forces of the Philippines
(AFP)?

Yes. Section 109 of AO 7 Series of 2011, as amended, provides that in cases where taking possession
of the awarded land will endanger the lives of the CLOA holders, the DAR shall assume responsibility
for the installation of the farmers with the assistance of the police and/or military.

In the event that the installation activities would necessitate the assistance of the police and/or
military, the Provincial Agrarian Reform Program Officer (PARPO) shall coordinate the said activities
with the Department of National Defense - Armed Forces of the Philippines (DND-AFP) and the
Department of Interior and Local Government–Philippine National Police (DILG-PNP), in accordance
with existing guidelines executed by the DAR, DILG and the DND.

As early as 1989, The DILG, DND-AFP, and DAR issued a Memorandum of Agreement to forge their
partnership for the successful implementation of the program.

On 3 May 1995, the DAR, DILG and the PNP signed a Memorandum of Agreement (1995 MOA)
reinforcing their 1989 agreement regarding the law enforcement aspect of the Agrarian Reform (AR)
laws and programs.

In the opening statement of the 1995 MOA, the DAR and DILG-PNP stated that "the DAR and DILG
are mutually desirous and committed to institutionalizing the existing full support to, and cooperate
with, one another for the successful implementation of the Comprehensive Agrarian Reform
Program (CARP).”

On 10 June 2002, the DAR, DILG-PNP and DND-AFP issued DAR-DILG-DND Joint Circular No. 05-02
(2002 Joint Circular) supplementing the 1995 MOA. In the main, the concerned government
agencies reaffirmed their respective commitments in the successful and immediate implementation
of the AR program and, pursuant to their mandates, laid down the specific roles of each agency “for
their mutual cooperation for the attainment and fulfillment of their respective functions.”

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DAR AO 5, Series of 2017 further stressed the crucial role of the security sector in the installation of
the ARBs in the exercise of their rights as owners of the land. The said AO provides that the DAR,
through the PARPO “must ensure the installation of the ARBs on their awarded lands, as owners,
until they are in physical possession and full control thereof, and if necessary, call on the Philippine
National Police (PNP) and/or Armed Forces of the Philippines (AFP) for assistance. xxx xxx xxx”

7. Under the 2002 Joint Circular, what are the main roles of the DILG-PNP?

a. Provide the DAR with sufficient information about the extent of, and limitations to, the
authority of the DILG-PNP.
b. Provide DAR with sufficient information about the organizational structure and linkages of
the DILG-PNP, indicating the names and positions of key officials whom the DAR may
coordinate with on matters involving the law enforcement aspect of CARP.
c. Provide the DAR on a regular basis with information about the peace and order situation,
and possible police or military operation that may adversely affect the CARP.
d. Upon written request by the DAR, provide security forces to the DAR personnel whenever
performance of their official function subjects them to peril.
e. Upon written request by the DAR, assist DAR personnel in the exercise of administrative
power to gain entry into landholdings for the purpose of conducting field investigation
relative to CARP implementation.
f. Upon written request by the DAR, allow DAR personnel to ride in transport vehicles, and/or
temporarily use the communication facilities, of the DILG-PNP to gain access into areas that
are not accessible by ordinary vehicles, with the condition that the DAR shall be solely liable
for all expenses attributable to the temporary use of said transportation or communication
facilities.
g. Upon written request by the DA, arrest and detain persons cited for direct or indirect
contempt by the DAR Secretary, DAR Adjudication Board (DARAB), Regional Agrarian Reform
Adjudicator (RARAD), or Provincial Agrarian Reform Adjudicator (PARAD)
h. Upon request by the DAR, assist its Sheriff in enforcing its orders/decisions/resolutions
i. Upon written request by the DAR, cooperate in prosecuting violators of agrarian laws.
j. Desist from intervening in any agrarian dispute without prior consent from the DAR
Secretary or DARAB or any of its Adjudicators.
k. Authorize consultations on a regular basis between the DAR Regional Directors and the
regional commander of the PNP, the DAR Provincial Agrarian Reform Officer (PARO) and the
provincial commanders of the PNP, and the DAR Municipal Agrarian Reform Officers (MARO)
and his/her counterparts in the PNP.

8. Under the 2002 Joint Circular, what are the main role of the DND-AFP?

a. Provide the DAR with sufficient information about the extent of, and limitations to the
authority of the DND-AFP.
b. Provide the DAR with sufficient information about the organizational structure and linkages
of the DND-AFP, indicating the names and positions of key officials whom the DAR may
coordinate with on matters involving the implementation of CARP.
c. Provide the DAR with significant information about the peace and order situation.
d. Upon written request by the DAR, provide additional security assistance to DAR personnel
whenever performance of their official function subjects them to peril

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 e. Upon written request by the DAR, assist DAR personnel when AFP assistance is needed in
the exercise of administrative power to gain entry into landholdings for the purpose of
conducting ocular inspection, field investigation, surveying and other related activities
relative to CARP implementation.
f. Upon written request by the DAR, allow DAR personnel to utilize transport and
communication equipment of the DND-AFP in order that DAR personnel may gain access to
areas that are not accessible by ordinary vehicles, with the condition that the DAR shall be
solely liable for all expenses attributable to the temporary use of said transportation or
communication facilities.
g. Upon written request by the DAR, when AFP assistance is needed arrest and detain persons
cited for direct or indirect contempt by the DAR Secretary, DAR Adjudication Board (DARAB),
Regional Agrarian Reform Adjudicator (RARAD), or Provincial Agrarian Reform Adjudicator
(PARAD).
h. Upon written request by the DAR, cooperate in enforcing agrarian reform laws.
i. Desist from intervening in any agrarian dispute without prior consent from the DAR
Secretary or DARAB or any of its Adjudicators.
j. Authorize consultations on a regular basis between the DAR Regional Directors and the Area
Commanders of the AFP, the DAR Provincial Agrarian Reform Officer (PARO) and the Field
Battalion Commanders of the AFP, and the DAR Municipal Agrarian Reform Officer (MARO)
and his/her counterpart in the AFP.

9. What is the current PNP rules/procedure governing the role of our police force in CARP related
activities?

Rule 30 of the 2013 PNP Manual 1 provides for specific rules regarding the provision of police
assistance in the implementation of the CARP.

10. What are the CARP related activities that can be provided with police assistance?

Under Rule 30.1 of the 2013 PNP Manual, the following activities can be provided with police
assistance:
a. Final Orders
(1) Final Orders/Resolutions/Decisions Issued by DAR
(2) Order of Installation or CLOA
b. Preliminary Agrarian Activities
(1) Land survey
(2) Field Investigation
(3) Ocular Inspection
(4) Meeting between actual and potential Agrarian Reform Beneficiaries
(5) Post Installation
(6) Landholding tagging
(7) Analogous cases

11. Can the above-mentioned activities be subject of an injunction order?

1
PNP Handbook PNPM-DO-DS-3-2-13 issued in December 2013.
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No. As expressly provided in Section 55 of R.A. 6657, except for the Supreme Court, no court in the
Philippines shall have jurisdiction to issue any restraining order or writ of preliminary injunction
against the Provincial Agrarian Reform Council (PARC), the DAR, or any of its duly authorized or
designated agencies in any case, dispute or controversy arising from, necessary to, or in connection
with the application, implementation, enforcement, or interpretation of this Act and other pertinent
laws on agrarian reform.

Moreover, Section 68 of R.A. 6657 provides for immunity of government agencies from undue
interference. Said section states that in cases falling within their jurisdiction, no injunction,
restraining order, prohibition or mandamus shall be issued by the regional trial courts, municipal
trial courts, municipal circuit trial courts, and metropolitan trial courts against the DAR, the DA, the
DENR, and the Department of Justice (DOJ) in their implementation of the program.

12. What are the requirements in the granting Police assistance?

Under Rule 30.2 of the 2013 PNP Manual, police assistance for the implementation of final orders,
decisions, resolutions or CLOAs issued by the DAR shall be rendered upon a written request
submitted by the Agrarian Reform Officer or any authorized Officer of DAR. It shall be accompanied
with the original or authenticated copy of the final decision, order or CLOA to be implemented.

In the past, the request for PNP assistance and its attachments, regardless of the place of execution,
shall be submitted to the Office of the Chief, PNP for his approval. However, in a Memorandum
dated 16 August 2016 issued by PDG Ronald M. Dela Rosa, the Office of the Chief PNP “delegated to
the Regional Directors the authority to approve requests for police assistance within their area of
jurisdiction in the implementation of final decisions or orders or resolutions of the courts in civil
cases, of quasi –judicial bodies, and of administrative bodies subject to the requirements of existing
laws, policies, and regulations.”

For police assistance during the conduct of preliminary agrarian activities as provided in Rule 30.1b 2,
it shall be rendered upon a written request submitted by the Agrarian Reform Officer or any
authorized Officer of DAR. It shall be accompanied with the original or authenticated copy of the
Order issued for the activity (if applicable). The request shall be submitted to the Office of the
Regional Director of the Police Regional Office having jurisdiction over the area of execution for his
approval.

13. What is the extent of police assistance?

Rule 30.4 of the 2013 PNP Manual provides that the head of office or unit tasked to render police
assistance shall have the discretion to employ sufficient number of PNP uniformed personnel after
taking into consideration the scope of the resistance to be encountered, if there is any, and the
general peace and order condition in the area.

Unless a higher ranking Officer is necessary and more PNP personnel are required, the police team
that will render police assistance shall be led by a Police Commissioned Officer (PCO) with the rank

2
2013 PNP Manual.

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of Police Senior Inspector. All members of the team shall be in prescribed uniform when rendering
police assistance.

14. What is the specific role of PNP personnel rendering police assistance?

Rule 30.5 of the 2013 PNP Manual states that the PNP personnel shall observe maximum tolerance
and respect for individual rights at all times. The use of reasonable force shall only be resorted to for
self-defense and defense of strangers. The PNP personnel shall always exercise utmost impartiality
and neutrality in effecting its role.

The role of the PNP when rendering police assistance shall be limited to the maintenance of peace
and order, crowd control, and the security of the duly authorized officer of the DAR. In no case shall
PNP members participate in the implementation of the decision/order/resolution or in the conduct
of any of the preliminary agrarian activities, which shall be undertaken by the duly authorized officer
of the DAR.

The duly authorized officer of the DAR leading the implementation of the decision/ order/
resolution/ CLOA or leading the conduct of the preliminary agrarian activity shall have the final
disposition whether to proceed or not with the implementation of the decision/ order/ resolution/
CLOA or conduct of the activity.

15.May a person maliciously and intentionally obstruct the installation of the ARBS?

No. it is a criminal offense under Section 73(D) of R.A. 6657

16. What are the other prohibited acts under R.A. 6657?

The following are prohibited3:

(a) The ownership or possession, for the purpose of circumventing the provisions of this Act,
of agricultural lands in excess of the total retention limits or award ceilings by any
person, natural or juridical, except those under collective ownership by farmer-
beneficiaries;
(b) The forcible entry or illegal detainer by persons who are not qualified beneficiaries under
this Act to avail themselves of the rights and benefits of the Agrarian Reform Program;
(c) Any conversion by any landowner of his/her agricultural land into any non-agricultural
use with intent to avoid the application of this Act to his/her landholdings and to
dispossess his/her bona fide tenant farmers;
(d) The malicious and willful prevention or obstruction by any person, association or entity of
the implementation of the CARP;
(e) The sale, transfer, conveyance or change of the nature of lands outside of urban centers
and city limits either in whole or in part after the effectivity of this Act, except after final
completion of the appropriate conversion under Section 65 of Republic Act No. 6657, as
amended. The date of the registration of the deed of conveyance in the Register of
Deeds with respect to titled lands and the date of the issuance of the tax declaration to

3
Section 73 of RA 6657, as amended by Section 24 of RA 9700.

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 the transferee of the property with respect to unregistered lands, as the case may be,
shall be conclusive for the purpose of this Act;
(f) The sale, transfer or conveyance by a beneficiary of the right to use or any other
usufructuary right over the land he/she acquired by virtue of being a beneficiary, in
order to circumvent the provisions of this Act;
(g) The unjustified, willful, and malicious act by a responsible officer or officers of the
government through the following:
 The denial of notice and/or reply to landowners;
 The deprivation of retention rights;
 The undue or inordinate delay in the preparation of claim folders;
 Any undue delay, refusal or failure in the payment of just compensation;
(h) The undue delay or unjustified failure of the DAR, the LBP, the PARC, the PARCCOM, and
any concerned government agency or any government official or employee to submit
the required report, data and/or other official document involving the implementation
of the provisions of this Act, as required by the parties or the government, including the
House of Representatives and the Senate of the Philippines as well as their respective
committees, and the congressional oversight committee created herein;
(i) The undue delay in the compliance with the obligation to certify or attest and/or
falsification of the certification or attestation as required under Section 7 of Republic
Act No. 6657, as amended; and
(j) Any other culpable neglect or willful violations of the provisions of this Act.

In the case of government officials and employees, a conviction under this Act is without prejudice
to any civil case and/or appropriate administrative proceedings under civil service law, rules and
regulations. Any person convicted under this Act shall not be entitled to any benefit provided for in
any agrarian reform law or program.

17. What are the penalties4?

Any person who knowingly or willfully violates the provisions of this Act shall be punished by
imprisonment of not less than one (1) month to not more than three (3) years or a fine of not less
than One thousand pesos (P1,000.00) and not more than Fifteen thousand pesos (P15,000.00), or
both, at the discretion of the court: Provided, That the following corresponding penalties shall be
imposed for the specific violations hereunder:

(a) Imprisonment of three (3) years and one (1) day to six (6) years or a fine of not less than
Fifty thousand pesos (P50,000.00) and not more than One hundred fifty thousand pesos
(P150,000.00), or both, at the discretion of the court upon any person who violates
Section 73, subparagraphs (a), (b), (f), (g), and (h) of Republic Act No. 6657, as
amended; and
(b) Imprisonment of six (6) years and one (1) day to twelve (12) years or a fine of not less
than two hundred thousand pesos (P200,000.00) and not more than one million pesos
(P1,000,000.00), or both, at the discretion of the court upon any person who violates
Section 73, subparagraphs (c), (d), (e), and (i) of Republic Act No. 6657, as amended.

4
Section 74 of RA 6657, as amended by Section 25 of RA 9700.

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If the offender is a corporation or association, the officer responsible therefor shall be criminally
liable.

18. What assistance can DAR give to the ARBs in cases where their lives are threatened by the
installation?

In case the installation would need the assistance of the police or military, the PARO shall coordinate
with the DND-AFP and the DILG-PNP, pursuant to the Memorandum Order executed by the DAR,
DILG and DND.

The ARBs may seek assistance from the DAR when they are facing threats, harassments, or ejection
attempts by the LOs and other parties.

19. What other forms of assistance can the DAR provide the ARBs?

The DAR shall assist the ARBs in reporting cases to the police or military, as well as the filing of the
appropriate legal action against those responsible, if warranted. If dispossessed, the DAR shall assist
the ARBs in recovering the possession of their land.

In cases of failed installation and/or dispossession of FBs due to landowner harassment, the DAR
may refer the matter to the DOJ for the proper investigation of possible violation of Section 73 of
R.A. No. 6657, as amended.

20. What actions can the ARBs do in cases where they are forcibly driven out of their land?

The ARBs shall take the initiative in filing a criminal case against the perpetrators, with DAR providing
legal assistance to the ARBs. The ARBs shall be re-installed notwithstanding the pendency and result
of the case filed against the perpetrators conformably with A.O. No.4, Series of 2010 5.

21. What is the liability of the landowner who obstructs, delays or stalls the installation of the
ARBs?

The landowner shall be liable under Section 73 (d) of RA 6657, as amended. The landowner shall also
be liable for actual, compensatory, and moral damages suffered by the ARBs.

22. What are “standing crops?”

Standing crops refer to harvestable agricultural produce or a portion thereof normally harvested for
such particular crop growing on land at the time the DAR takes possession thereof pursuant to Sec
16(e), 24, and 28 of RA 6657.
5
Amendment to Administrative Order No. 2, Series of 2009 on the Installation of ARBs with Registered CLOAs.
Please note that this is already incorporated in Sections 110 and 111 of AO 7 Series of 2011 as amended.

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Crops introduced by the landowner, directly, or through his agents, on or after the landowner’s
receipt of a notice from the DAR that the land has already been effectively acquired by the state are
deemed to have been introduced in bad faith and shall not be considered as “standing crop.”

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