Official Newsletter of the Department of Agrarian Reform April-June- 2017 In his fi Photos by Jiru Rada 2 News APRIL-JUNE- 2017 DAR employees help colleagues displaced by Marawi crisis ILIGAN CITY, Lanao del Norte—The fight- of the battle zone. Nagbabarilan sila sa DAR of- ing in Marawi has been raging for more than fice,” said Unda. a month now. Most of the city’s 200,000 Unda said around 139 DAR employees live residents have fled, and many are stranded in in Marawi. “Houses were burned to the ground evacuation centers. DAR employees and their by the Maute group. Not all houses of DAR em- families were not spared. ployees were burned but a lot were ransacked Thankfully, the DAR Employees Associa- and looted by the Maute group, by civilians and tion (Darea) of DAR Region 10 with support even by the army,” Unda sadly reported. from DAR ARMM Secretary Amihilda Sang- Also caught in the war zone is the seven copan, Undersecretary for Foreign Assisted barangays of Malimuno Tulay Agrarian Re- Projects Sylvia Mallari and Regional Director form Community (ARC) where 780 agrarian Faisar Mambuay have stepped up to the chal- reform beneficiaries (ARBs) reside. “The ARC lenge by helping colleagues and their families suffered air strikes where a lot of people died,” cope with the crisis. Unda said. Twenty two affected families of displaced Unda reported that the entire ARC popula- DAR employees were given relief and food tion were displaced and are dispersed in evacu- supplies by the Darea Region 10 on June 12, ation centers. Around 300 were identified to be 2017 at the DAR provincial office in Iligan seeking refuge in Pantar, Lanao del Norte. The City. Undersecretary Sylvia Mallari led the distribution rest are yet to be determined. “We packed more than 200 bags of basic goods which of relief goods assisted by Regional Director Faisar we gave to our co-workers and farmers. This is just our ini- Mambuay . The relief effort was spearheaded by the Help and support for farmers DAREA Region 10 headed by Joy Chua. tial effort. We hope to help more DAR employees and their families in the coming weeks.” said Darea Region 10 Presi- A few weeks after the DAR ARMM regional office be- dent Joy Chua. Displaced farmers and employees came part of the war zone, DAR ARMM Secretary Amihil- Chua said the Darea national headed by Antonia Pascu- da Sangcopan set up a satellite office in Camague Highway al is now coordinating with the Darea regional and provin- After the distribution of relief goods, Provincial Agrar- in Iligan City with the aim to continue serving the farmers. cial groups to gather donations in cash and in kind from their ian Reform Program officer Mesug Unda reported the situ- According to Sangcopan, only two desktop computers respective areas to give to families affected by the crisis. ation of DAR employees and farmers in Marawi City to were saved from the DAR Lanao office. It was recovered “We are appealing to our friends and colleagues in the Undersecretary Mallari. He said more than 240 families at a great risk by the brave personnel of DARPO Lanao. department to donate what they can to our co-workers here including farmers and DAR employees were displaced to The temporary office also serve as a sanctuary for the DAR who are in dire need of basic necessities like food, medi- evacuation centers and nearby provinces. personnel to come together and work in spite of the limited cines, blankets and toiletries,” said Chua. “The DAR office in Marawi City is right in the middle see page 12 DAR issues guidelines for agrarian law implementation cases By Rexy Arcaina classification, identification, inclusion, ex- cases involving ALI is not barred from tak- grave and irreparable damage or injury to the clusion, qualification, or disqualification of ing cognizance of new controversies arising appellant or coercion, fraud, or clear graft THE DEPARTMENT of Agrarian Reform potential/actual farmer-beneficiaries, sub- from changes in the conditions of the subject and corruption in the issuance of a decision’” (DAR) has issued rules and regulations division surveys of land under the Com- landholdings or parties,” Mariano added Mariano said. amending Administrative Order (A.O.) No. prehensive Agrarian Reform Program and Mariano said the Regional Director shall He added that a party may file only one 03, Series of 2003 on adjudication of cases cases or disputes, arising from the need for exercise primary jurisdiction over all ALI motion for reconsideration of the decision of involving Agrarian Law Implementation continued possession and installation of cases except when a separate special rule the Secretary or deciding authority within a (ALI) to foster a just, inexpensive, and expe- agrarian reform beneficiaries. vest primary jurisdiction in a different DAR non-extendible period of fifteen days from ditious determination of agrarian case though Teh case also includes, cases or dis- Office. receipt of the Secretary’s decision. A.O. No. 03, Series of 2017. putes, arising from or regarding the main- However, the Secretary shall exercise Mariano said appeals from the decision Agrarian Reform Secretary Rafael V. tenance of possession or reinstatement of appellate jurisdiction over all ALI cases, and of the Secretary may be taken to the Office of Mariano said these rules shall be known as the actual tillers not bound by any tenurial may delegate the resolution of appeals to any the President within fifteen days from receipt “2017 Rules of Procedures for ALI Cases”. relations on landholdings devoted to agri- Undersecretary. thereof. He said these rules shall govern among culture in the guidelines and other agrar- He disclosed that when an ALI case He said that orders/decisions/resolu- others, all cases arising from or involving ian cases, disputes, matters or concerns raises a prejudicial issue, such issue being tion shall become final and executory after classification and identification of landhold- referred by the Secretary to the Regional a DARAB case, the Secretary/Regional Di- the lapse of fifteen days from the receipt by ings for coverage under the agrarian reform Director, other DAR Officials, or in other rector shall dismiss without prejudice the the last recipient of an official copy thereof program and the initial issuance of Certifi- cases where the Secretary assumes juris- case pending resolution of the prejudicial and no motion for reconsideration nor appeal cates of Land Ownership Award (CLOAs) diction. question. therefrom. and Emamcipation Patents (EPs), including “In cases with resolutions, orders or de- “Appeals to the Secretary shall be given “Execution shall issue automatically as a protest or oppositions and petitions for lifting cisions which have attained finality or have due course on the decision of the Regional matter of course upon finality of the case. The of such coverage. been executed, the DAR in the exercise of Director on serious errors in the findings of Regional Director shall issue the necessary He also added the rules include the its adjudicatory powers in the resolution of facts or conclusion of law which may cause certificate of finality within five days from date of finality of a case,” Mariano added. l APRIL-JUNE- 2017 News 3 Hda. Luisita beneficiaries stay as owners of farmlots awarded to them under CARP AGRARIAN Reform Secretary Rafael “Ka Paeng” was only meant to stress the fact that the ownership and Mariano has declared that ownership and control of control over the farmlots awarded to each farmer-bene- farmlots awarded to farmer-beneficiaries inside the Ha- ficiary stay with them as the various form of transferring cienda Luisita stay with them as all form of contracts and/or conveyance the rights over the said farmlots were they had entered into, be they rent out, lease out and/or illegal and, therefore, have no force and ef fect. sales, among others, are considered void ab initio or void Mariano said he would file charges against any poli- from the very beginning. ticians and individuals found to have acted as fixers or Mariano issued this clarification in the wake of reports “aryendadors” for violation of the Republic Act 6657 or that any farmer-beneficiaries found to have sold, leased or the Comprehensive Agrarian Reform Law (CARL), which rented out the farmlots awarded to them under the Compre- prohibits the selling and/or transferring of awarded farm- hensive Agrarian Reform Program (CARP) would be dis- lands, except through the government or hereditary succes- qualified and stripped of their rights as beneficiaries. sion. “In the first place, no violation was ever committed “The aryendo system must stop. Those financiers since the act being imputed to was void ab initio or void or aryendadors, who coerce and swindle farmer-bene- from the very beginning, as if no offense had ever been ficiaries must be charged for obstruction of land reform committed,” the Secretary explained. inside Hacienda Luisita,” Mariano said. AGRARIAN Reform Secretary Mariano and Mariano cited Section 70, paragraph 2 of the Re- Based on the report culled during the month-long Social Welfare and Development Secretary public Act 6657 or the Comprehensive Agrarian Reform interview, from March 6 to April 7, conducted by the Judy Taguiwalo launch the mural exhibit, Law (CARL), which states that: “Any sale or disposi- DAR on the more than 6,000 ARBs, influential person- entitled: “Larawan ng K apayapaan (Portrait tion of agricultural lands after the effectivity of this Act alities and politicians were identified as the financiers or of Peace) last May 22 at the DAR Central found contrary to the provisions hereof shall be null and aryendadors. Office, in support of the ongoing peace void.” Barangays Mabilog, Pando and Morico had been negotiations between the Government of This, he said, is reinforced by the prohibitory acts un- found to have the biggest percentage of ARBs who rent- der Section 73 (f) of the same law: “The sale, transfer or the Republic of the Philippines and the ed out their farm lots.