ao no 2 s14 rules and regulations on leasehold operations in tenanted coconut lands.pdf

8/12/2019 ao no 2 s14 rules and regulations on leasehold operations in tenanted coconut lands.pdf

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Republic of the PhilippinesDEP RTMENT o GR RI N REFORM .

ElliPTICAL ROAD, DIUMAN, QUEZ/?N CrIY TELS. 928-7031 TO 39

ADMlNIS1RATIVE ORDER NO. LSeries of2014

SUBJECT: RULES AND REGULATIONS ON LEASEHOLD OPERATIONSIN TENANTED COCONUT LANDS AFFECI'ED BYFORTUITOUS EVENTS, NATURAL DISASTERS ORCALAMmES.

In order to address and tn1tJgate the effect of fortuitous events or naturaldisasters/calamities on landholdings devoted to coconut production, and to attend to andimprove the economic condition of the agricultural lessees-tenants on coconut landsdevastated by such fortuitous events or natural disasters/calamities, the following guidelinesconcerning the review and adjustment of lease rentals in tenanted coconut lands affectedthereby are hereby prescribed:

I. COVERAGEThese rules and regulations shall apply to all tenanted coconut landholdings, with orwithout a leasehold agreement, which have been affected by fortuitous events or naturaldisasters/calamities as defined in paragraph II hereof.

II. DEFINITION OF TERMSFortuitous Event - refers not only to events that are unforeseeable, but also thosewhich are foreseeable but inevitable. t may either be an "act of God", or naturaloccurrences such as floods or typhoons, or an "act of man", such as riots, strikes, orwars.Natural Disaster Calamity - is a major adverse event resulting from natural processesof the earth. These include typhoons, floods, storm surges, earthquakes, volcaniceruptions, landslides, droughts, and the like, which result in loss of life and damage toproperty, and typically leave economic damage to the affected population.Heavy Damaged Coconut Trees - are those with broken branches andtwisted/broken fronds, at least fifty percent (50%) of the irrunature nuts of which havefallen, Such trees may take about two 2) to three 3) years to recover production.Totally-Damaged Coconut Trees -are those trees which are erownless or have fallendown, or where the fronds are heavily shaken and/or cracked These are trees having nochance of survival in which 100% of the nut production will be peemanenrly lost.


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Principal Crop - is any product/crop raised from the dominant cultivation or use ofthe land, and harvested on a regular basis.Other Crops - refers to any product/crop raised other than the crop to which thecultivation of the land is principally devoted in each agricultural year, and which shallserve as a temporary crop while the principal or replanted coconut trees are under agestation period.

III. POllCY STATEMENTSA. No tenant-lessee shall be ejected or dispossessed or removed from his/herfarmholding due to the non-payment of lease rentals as a result of a fortuitous event

or natural calamity/disaster, except when his/her dispossession has been authorizedby an appropriate body or court in a judgment thai: is final and executory.

B. Said tenant-lessee shall renegotiate a new leasehold agreement with thelandowner specifying the new terms and conditions of their tenan


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shaJ.llikewise be divided between the tenant-lessee and landowner-lessor in a manneragreed by them, provided that in no case may the share of the tenant-lessee be lessthan seventy five per cent (75%) of the net proceeds. In case of disagreement, or ifthe landowner-lessor can no longer be located, the 75%-25% ratio in favor of thetenant-lessee shall be imposed. If the landowner is present, the amount shall begiven to him/her However, i the landowner is not present or refuses to receivehis/her share, the Municipal Agrarian Refonn Program Officer (MARPO) shalladvise said landowner or his/her successorcin-interest in writing and by registeredmail. Furthermore, the twenty-five per cent (25%) share of the landowner that wasnot claimed shall be deposited under his/her name in the nearest Land Bank of thePhilippines (LBP) branch in the locality, within t irty (30) days from the receiptthereof.

IV OPERATING PROCEDURESThe following shall be the duties and obligations of the Municipal .Agrarian ReformProgram Officer (MARPO):

A. The MARFO, at the instance of the tenant-lessee or landowner-lessor, shall validatethe information that the tenanted coconut landholdings are affected by fortuitousevent or natural calamity/disaster. The MARFO shall thereupon issue a Certificationthat certain landholding is damaged by a fortuitous event or naturalcalamity/disaster.

B. Upon validation, the MARPO shall immediately send an invitation letter to thetenant-lessee and landowner-lessor for a conference, and undertake the following:1) Inform the parties that the security of tenure of the tenant-lessee shall bemaintained despite the failure to pay lease rental.2) A new leasehold agreement shall be formulated in accordance with theformalities prescribed under existing laws and pertinent DAR rules and

regulations. Any agreement reached by the parties, which are not contrary tolaw/morals, customs, public policy, and public order, shall be respected.

3) n case the parties fuil to reach an agreement, the J\1ARPO shall determine orcompute the leasehold rental in accordance with the pertinent rules andregulations. Thereafter, the MARFO shall issue the Provisional Leasehold Rent:l1(pLR), which must be followed by both parties. n case any of the partiesdisagree with the PLR, the same shall be forwarded to the Provincial AgrarianReform Adjudicator (pARAD) for the determination of lease rental. n themeantime, the PLR shall be in due course observed by the parties until thePARAD shall have fixed the lease rentals.


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IV REPE UNG CLAUSE

All orders, circulars, rules, and regulations inconsistent herewith are hereby revoked,amended, or modified accordingly.

V. EFFECTIVI1YThis A.O. shall take effect after ten 10) days after its publication in two 2)newspapers of general circulation, pursuant to Section 49 of Republic Act (R.A.) No. 6657,

as amended, and its registration with the Office of the National Administrative Register(ONAR).FEDiliman, Quezon City, . . . : . . . . : = = = = ~ 2014

v 4 ~ ~ ~ c r e t a r y Department of grarian elorm

1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ~ i f l l l l f l l l i 1 l i i 1 l ~ 1 1 1 1 1 1 1 1 1 1 't/t'I- >14 I S U 1 4 0 J 2 ~

Published in the 2) Natuinal Newspaperof general Circulations:1. Malaya Business Insight2. Business MirrorDate of Publication - March 04, 2014


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Republic of the PhilippinesDEPARTMENT of AGRARIAN REFORM

CERTIFICATION

This is to certify that Administrative Order No.2, Series of 2014 entitledRULES AND REGULAnONS ' ON LEASEHOLD OPERAnONS INTENANTED COCONUT LANDS AFFECTED BY FORTIDTOUS EVENTS,NATURAL DISASTERS OR CALAMITIES was published today, Tuesday, 04arch 2014 at Malaya Business Insight and Business Mirror newspapers.

Issued this 4th day ofMarch 2014 for whatever purpose it may serve.

MA. L Z ~ FAUSTINOO f f i c e r i n ~ ~ R MPublic Assistance and Media elations Service

Elliptical Road, Diliman, Quezon City Tel. 632) 928-7031 to 39

ao no 2 s14 rules and regulations on leasehold operations in tenanted coconut lands.pdf

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