The Department of Agrarian Reform (DAR) and Department of Agriculture (DA) have issued the guidelines on the determination on the suitability of government-owned lands (GOL) for agricultural purposes so that these may be covered by land-distribution program under Executive Order 75.
The DAR-DA Joint Administrative Order (JAO) 8, Series of 2021 applies to all investigation and validation processes of lands identified and listed in the inventory of GOLs to determine if these are suitable for agricultural purposes.
The order states that it is the exclusive mandate of the DAR to determine if a certain GOL is coverable under EO 75, Series of 2019, which directs all government instrumentalities to identify idle GOLs suitable for agricultural purposes and targetted for distribution to identified agrarian reform beneficiaries (ARBs).
Under the guideliness, however, DAR must ensure the complete submission by the DA of a written determination within a period of 30 days, from the completion of the GOL validation meeting. Otherwise, the 30-day period will start from receipt of the written request from the DAR.
The DA determination must be in the form of a written report with the complete attachment of all pertinent documents to support its findings. The DAR’s written request must, likewise, be attached to the said report.
The DAR will consider the DA’s report and findings in its determination on whether the GOL can be covered for distribution to qualified ARBs.
The absence and failure of the DA to submit its written report within the prescribed period shall not prevent the DAR from proceeding with its mandate to cover the GOL on the basis of its own determination.
In case of conflicting resolution between the DAR and the DA on the coverability and suitability for agricultural production of the identified GOL, the determination of the DAR shall prevail. 30
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