LAD PROCESS For Final Presentation

LAD PROCESS
Normie Batula
9/24/21
LAND ACQUISITION AND DISTRIBUTION
Government
DAR LBP Distribution

Submit
documents
Protest
NOC
Just CA, CLOA /Title
Compensations VOS Land
amortization
LO ARBs
X
DPS/VLT
GENERAL FLOW OF THE LAD
PROCESS
I. CA: Identification of Landholdings / if VOS,
Submission of Letter of Offer
II. CA: Issuance of NOC / If VOS, Service of Letter of
Acceptance
❖Exercising LO’s options
III. ARB Identification & Oath
IV. Land Survey and Joint Field Investigation
V. Land Valuation
VI. CLOA Generation
VII. Installation of ARBs
LO’s RIGHTS:
RETENTION, PROTEST of
COVERAGE, AND APPLICATION FOR
EXEMPTION/EXCLUSION
 Retention of Spouses
 Conjugal Property Regime= not more
than 5 hectares
Exception= Capital or Paraphernal Property
 Complete Separation of Property= not
more than 5 hectares each
 Absolute Community of Property= not
more than 5 hectares as a couple
Married on or after 3 August 1988 are
deemed under Absolute Community
 Retention of Land Owners Heirs
 Entitled only of 5 hectares when LO died
after 15 June 1988, entitled
 Retention under P.D. 27
 When LO or heirs are disqualified under
P.D. 27, the same applies in R.A. 6657
 May exercise retention of other
landholding covered by R.A. 6657
Factors considered by MARO in
choosing retention areas
 Commodity produced
 Terrain
 Available infrastructure
 Soil fertility
 Compact and contiguous
 Exception= co-owned / unsettled land holding of
deceased LO who died prior to issuance of NOC
LGU Expropriation of CARP
Covered Agricultural Lands
Not subject to 5 hectare retention limit
Proper distribution to ARBs should be
proceeded with
 ARBs paid with just compensation without
prejudice to ARBs qualification in other
landholdings
Existence of a valid and definite offer
Tenant wishes to cultivate LOs
retention area
 ARBs may choose to lease LOs retention
area
 ARB will no longer qualify as beneficiary of
other landholdings
When wishes to be beneficiary of other
landholdings, cannot lease LOs retention
area
( w/in 1 year period to exercise from expression of
LO of choice of Retention Area)
Receipt of NOC
30 days from 15 days from

receipt Filing of
manifestation 1. LO Choose retention
1. Protest against coverage before the area
PARO 2. Nominate
2. Nominate Child/children qualified child/children
as beneficiaries qualified beneficiaries
3. File Manifestation for exemption or After 15 days of
exclusion inaction
4. File manifestation to exercise right
of retention MARO Choose LO retention area
60 days
from receipt
of NOC
1. Co-owners of an LO who died prior to issuance Notification of retention area

of NOC shall file joint application for
retention/area
2. File a manifestation to partition and choose a
retention area
Issuance of Certificate
After 60 days of of Retention
non-compliance
Land Survey & Joint Field
Investigation
Land Survey & Joint Field Investigation
❑Before proceeding with the valuation, DAR

will conduct survey activities–
➢Segregating coverable and non-coverable
areas
➢Determination of land use
➢Delineate portions allocated for each ARB
❑Survey results will be submitted to the DENR-

LMS for verification and approval.
❑Conduct of Joint Field Investigation
❑With the MARO, BARC and

representative from the LBP to
check/verify reports and information
contained in the landholding’s CF
❑Invited to the JFI (when needed):

➢Municipal/Provincial Agricultural Office, if
there are issues on the suitability if the LH for
agriculture
➢DENR-CENRO/PENRO if there are issues as to
the slope of the LH;
➢Licensed geodetic engineer of there are less
than 3 monuments (muhon) and/or natural
boundary points remaining at the site.
❑Will the LO and the ARBs be invited to
join in the JFI?
➢Yes.
➢Not later than 15days prior to the
scheduled date
➢DAR may proceed even in their absence
After the JFI:
❑The MARO, BARC and LBP shall prepare
the Field Investigation Report (FIR).
➢Upon completion of the FIR, the CF and
the Land Distribution Information
Schedule (LADIS) shall be transmitted to
the DAR–LBP Processing Unit (PPU) for
verification and eventual transmittal to
the LBP.
➢Upon receipt, the LBP may begin its
process of determining the value of the
JC.
LAND VALUATION/JUST
COMPENSATION
LAND VALUATION
LV = (CNI x 0.60) + (CS x 0.30) + (MV x 0.10)
LV : Land Value
CNI : Capitalized Net Income determined by taking the
sum of the net present value of the streams of
income that will be foregone by the LO due to the
coverage
CS : Comparable Sales based on the fair market value
equivalent to 70% of BIR zonal value
MV : Market Value based on tax declaration
LAND VALUATION
❑QTN: Will the LO be compensated for the

land awarded to his/her preferred
beneficiaries?
❑What will the LBP do after determining

the (initial) value of the land?
➢LBP will prepare a Memorandum of
Valuation (MOV) and transmit it to the
DARPO
LAND VALUATION
❑What will the PARO do?
➢Issue NLVA and direct MARO to serve NLVA,
MOV and LVW to LO
➢Transmit Order to Deposit LO’s
Compensation to LBP
 NLVA: Notice of Land Valuation and Acquisition

 MOV: Memorandum of Valuation
 LWV: Land Valuation Worksheet
LAND VALUATION
❑PARO will inform the LO of the land
valuation thru the service of the NLVA,
MOV and LVW
➢NLVA served thru personal or substituted
service; or thru publication
❑LO must file a written acceptance or

rejection within 30days from receipt of
the NLVA, or its posting, whichever comes
later.
LAND VALUATION
➢ DAR shall take immediate possession of the LH upon

issuance of the COD (Section 81, AO 7 series of 2011).

LAD PROCESS For Final Presentation

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LAD PROCESS

DAR LBP Distribution

30 days from 15 days from

1. Co-owners of an LO who died prior to issuance Notification of retention area

❑Before proceeding with the valuation, DAR

❑Survey results will be submitted to the DENR-

❑Conduct of Joint Field Investigation

❑With the MARO, BARC and

❑Invited to the JFI (when needed):

❑QTN: Will the LO be compensated for the

❑What will the LBP do after determining

 NLVA: Notice of Land Valuation and Acquisition

❑LO must file a written acceptance or

➢ DAR shall take immediate possession of the LH upon

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