2013

18% SLOPE EXCLUSION TEMPLATE

I.

INTRODUCTION
This template serves as a guide to the decision maker in resolving issues pertaining to
cases where the main issue is whether the subject landholding is exempted on the
ground that it is 18% slope or over, and is undeveloped.

II.

CHECKLIST OF DOCUMENTARY REQUIREMENTS

[]

Sworn Application for CARP Exemption or Exclusion duly accomplished;

INDIVIDUAL Applicant:

If the applicant is not the registered owner, original and current Special
Power of Attorney (SPA) dated within one year from presentation of SPA
o
If the registered owner is a resident abroad-authenticated SPA
by the Philippine consulate office where he is a resident
o
SPA

If the registered owner is a resident of the Philippines-notarized

CORPORATION

Notarized Secretary's Certificate authorizing representative to file CARP

exemption
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Certified True copy of the OCT or TCT, certified by the ROD not earlier than 30 days
prior to application filing date;

If land is UNTITLED:

o
Certification from the DENR Community Environment and
Natural Resources Officer (CENRO) that the landholding has been
classified as alienable and disposable, and

o
Certification from the DENR CENRO (for administrative
confirmation of imperfect title) or the Clerk of Court (for judicial
confirmation of imperfect title) that the titling process/proceedings has
commenced and there are no adverse claimants;
[]
over;

Certification from the DENR/CENRO survey decision that the area is 18% slope or

[]
Joint DAR, DA, LBP, DENR on-site investigation report. (Basis: Pasco vs. PisonArceo Agricultural and Development Corporation, (G.R. No. 165501, March 28, 2006)
[]
Topographical Map of the subject area duly certified by NAMRIA and/or DENRSurvey Division;

In case of conflict between the opinion of NAMRIA and the DENR Survey
Division, the opinion of NAMRIA shall prevail.
[]

Prior Forest Reclassification of the land (Basis; Revised Forestry Code);

[]
Photographs of the landholding accompanied with an affidavit of the person who took
the same.
[]
Certification from the MARO or PARO on whether or not a Notice of Coverage has
already been issued over the property. (If NOC has been issued, copy of the NOC showing the
date of receipt)
[]

Certified Copy of the Report/findings of the composite team report, if any

[]
Certification of the PARO that the petitioner has manifested intention for exemption
from CARP coverage within 30 days

III. JURISDICTION

A.
The landowner may file a Manifestation for Exclusion from CARP coverage, on the
ground that the landholding is undeveloped lands with 18% slope and over, before the PARO
within a non-extendible period of thirty (30) days from his/her/its/their receipt of the NOC.

B.
The Application/Petition for Exclusion from CARP coverage may be filed together
with the above-mentioned Manifestation. If it is not filed jointly, the landowner can file it,
together with the documents required by the rules on exemption or exclusion, within sixty
(60) days from receipt of the NOC.
C.
Despite the pendency of a protest against coverage, the land acquisition process shall
nevertheless continue until the issuance of the Memorandum of Valuation (MOV) with the
attached Land Valuation Worksheet (LVW) by the LBP, unless otherwise suspended sooner
through a Cease and Desist Order (CDO) by the RD or the Secretary.
D.
Notwithstanding a Petition for Certiorari filed with the courts, the PARO shall issue
and serve the Notice of Land Valuation and Acquisition (NLVA) and proceed with the rest of
the land acquisition and distribution process thereafter as soon as the protest against coverage
or petition for exemption or exclusion has been denied by the RD, or if appealed, by the
Secretary, or if further appealed, by the President of the Republic of the Philippines, unless
otherwise ordered suspended by the Supreme Court.
Reference for this Section: DAR A.O. No. 07-2011, Effective October 15, 2011

IV. STANDING
Landowner or person duly authorized by the landowner may apply for exemption.

V.

TIMELINESS
Within a non-extendible period of thirty (30) days from his/her/its/their receipt of the NOC,
the landowner may file a Manifestation for Exemption from CARP coverage before the
PARO

The failure to file the said Manifestation within the 30-day reglementary period shall
be construed as a waiver on the part of the landowner of the right to file a petition for
exemption from CARP coverage. All manifestations made after this period shall no longer be
accepted.
The Application/Petition for Exemption from CARP coverage may be filed together
with the above-mentioned Manifestation. If it is not filed jointly, the landowner can file
it, together with the documents required by the rules on exemption or exclusion, within
sixty (60) days from receipt of the NOC.


Non-submission thereof within this reglementary period shall be construed as a
waiver or abandonment of his/her/its right to file said Petition for Exemption or Exclusion
from CARP coverage with respect to the landholding covered.

For landholdings under VOS, the LO is deemed to have waived his/her/its right to file
such a Petition for Exemption or Exclusion from CARP coverage upon DAR's acceptance of
his/her/its offer.
Reference for this Section: DAR A.O. 07, Series of 2011

VI. DETERMINATION OF APPROPRIATE ACTION

1.

Check if the following requirements are present:

a.

That the subject landholding is 18% slope or over, and

b.

That the same is undeveloped.

o
Definition of developed: Presence of agricultural activity. Agricultural
activity is defined under Section 3 (b), R.A. 6657, as amended, as the cultivation
of the soil, planting of crops, growing of fruit trees, raising of livestock, poultry or
fish, including the harvesting of such farm products, and other farm activities and
practices performed by a farmer in conjunction with such farming operations done
by person whether natural or juridical. Therefore, the kind of crops and the value
of the income raised are not controlling.

If land is 18% slope or over and undeveloped- GRANT the application

If land is 18% slope or over and the same is developed, DENY the
application

VII. APPEAL TO THE SECRETARY

A.

When to appeal (Section 27)

Within fifteen (15) days from receipt of the adverse decision pursuant to Section
51 of R.A. No. 6657.

B.

Where to appeal (Section 28)

Appeals from the decision of the Regional Director shall be made by filing in the
same regional office which issued the adverse decision, a notice of appeal with proof of
payment of the requisite appeal fee. Official cashiers of any DAR office may receive
payment of the requisite appeal fee. Non-perfection of the appeal within the
reglementary period merits dismissal of the appeal.

C.

Grounds (Section 25)

No appeal shall be given due course unless the decision of the Regional Director
is final, disposing of the case on the merits, and only on the following grounds:
i.
Serious errors in the findings of fact or conclusion of law which may cause
grave and irreparable damage or injury to the appellant; or
ii.

Coercion, fraud, or clear graft and corruption in the issuance of a decision.

Reference for this Section: Rule IV of DAR A.O. No. 03, Series of 2003

VIII. APPLICABLE LAWS, RULES, AND POLICIES

1.

LAWS
a.

Section 10 (c) Republic Act 6657, as amended by R.A. 7881

(c)
Lands actually, directly and exclusively used and found to be necessary for
national defense, school sites and campuses, including experimental farm stations
operated by public or private schools for educational purposes, seeds and seedlings
research and pilot production center, church sites and convents appurtenant
thereto, mosque sites and Islamic centers appurtenant thereto, communal burial
grounds and cemeteries, penal colonies and penal farms actually worked by the
inmates, government and private research and quarantine centers and all lands with
eighteen percent (18%) slope and over, except those already developed, shall be
exempt from the coverage of this Act. (As amended by R.A. 7881)

b.

Revised Forestry Code (P.D. 705) Section 15 (Topography)

No land of the public domain eighteen per cent (18%) in slope or over shall
be classified as alienable and disposable, nor any forest land fifty per cent (50%) in
slope or over, as grazing land.
Lands eighteen percent (18%) in slope or over which have already been
declared as alienable and disposable shall be reverted to the classification of forest
lands by the Department Head, to form part of the forest reserves, unless they are
already covered by existing titles approved public land application, or
actually occupied openly, continuously, adversely and publicly for a period of
not less than thirty (30) years as of the effectivity of this Code, where the
occupant is qualified for a free patent under the Public Land Act: Provided,
That said lands, which are not yet part of a well-established communities,
shall be kept in a vegetative condition sufficient to prevent erosion and
adverse effects on the lowlands and streams: Provided, further, That when
public interest so requires, steps shall be taken to expropriate, cancel defective
titles, reject public land application, or eject occupants thereof.
c.

Section 3 (b) of R.A. 6657, as amended

(b)
Agriculture, Agricultural Enterprise or Agricultural Activity means the
cultivation of the soil, planting of crops, growing of fruit trees, raising of livestock,
poultry or fish, including the harvesting of such farm products, and other farm
activities and practices performed by a farmer in conjunction with such farming
operations done by person whether natural or juridical.

2.

IMPLEMENTING RULES AND REGULATIONS

a.
DAR A.O. NO. 07 Series of 2011, Revised Rules and Procedures Governing the
Acquisition and Distribution of Private Agricultural Lands under Republic Act (R.A.)
No. 6657, as Amended (Effective 15 October 2011)
b.
DAR A.O. No. 03, 2003 Rules for Agrarian Implementation Cases. (Effective
February 8, 2003)
c.
DAR A.O. No. 6 Series of 2000 Rules of Procedure of Agrarian Law
Implementation Cases (Effective September 15, 2000)
d.
DAR Memorandum Circular No. 34 Series of 1997 For lands subject of VOS
and CA of lands unsuitable for agricultural purposes (Effectivity January 1, 1998)

e.
DAR Administrative Order 10, Series 1994 Amending Administrative Order
(A.O.) No. 13, Series of 1990 Entitled "Rules and Procedures Governing Exemption of
Lands from CARP Coverage under Section 10, RA 6657", To Authorize All Regional
Directors to Hear and Decide Applications for Exemption for All Land Sizes (Effective
September 30, 1994)
f.
DAR Administrative Order 13, S. 1990 Rules and Procedures Governing
Exemption of Lands from CARP Coverage under Section 10, RA 6657 (Issued August
30, 1990, Effectivity Date 10 days after publication)

IX. JURISPRUDENCE

A.

PAULINO REYES, ET AL, VS. FIL-ESTATE PROPERTIES AND (CA, 148967, FEB. 9, 2007)

"One of the reasons why petitioners are objecting to the cancellation of their CLOAs
and the exclusion of the ten parcels of land from CARP coverage is because these lots
are agricultural and developed. While it is true that the DAR officials have generally
found the lots to have an average slope of 18%, the contention that the same have been
cultivated and are actually agriculturally developed so as to make them subject to CARP
is a factual matter that must be looked into."
"[A]s a general rule, lands which are above 18% slope are exempt from CARP, but their
land use should be compatible with the underlying basis for exemption, meaning
reforestation and soil conservation. Therefore, as a general rule also, these areas should
not be converted to uses other than agro-forestry, reforestation, or other environmentally
sustainable uses."

B. SPS. JESUS AND EVANGELINE PASCO V. PISON-ARCEO AGRICULTURAL AND

DEVELOPMENT CORPORATION, (G.R. NO. 165501, MARCH 28, 2006)

Should there be a variance between the findings of the DAR and the LBP as to whether
the land be placed under agrarian reform, the land's suitability to agriculture, the degree

or development of the slope, etc., the conflict shall be resolved by a composite team of
the DAR, LBP, DENR and DA which shall jointly conduct further investigation.

C. STA. ROSA REALTY DEVELOPMENT CORPORATION vs. JUAN B. AMANTE, ET

AL., (G.R. No. 112526, March 16, 2005)
SRRDC also contends that the property has an 18% slope and over and therefore exempt
from acquisition and distribution under Section 10 of R.A. No. 6657. What SRRDC
opted to ignore is that Section 10, as implemented by DAR Administrative Order No. 13
dated August 30, 1990, also provides that those with 18% slope and over but already
developed for agricultural purposes as of June 15, 1988, may be allocated to
qualified occupants. Hence, even assuming that the property has an 18% slope and
above, since it is already developed for agricultural purposes, then it cannot be exempt
from acquisition and distribution. Moreover, the topography maps prepared by
Agricultural Engineer Rosalina H. Jumaquio show that the property to be acquired has a
5-10% flat to undulating scope; that it is suitable to agricultural crops; and it is in fact
already planted with diversified crops.

X.

STRUCTURE OF THE DECISION

A.

NATURE OF THE CASE

The opening paragraph should discuss the nature of the case. The reader then
knows specifically what the RD is being asked to decide. State how the matter is before
the RD. Identify the parties and the nature of the proceedings.

Example:
"This is a case involving a Petition for Exclusion from CARP Coverage filed by
________________________ on the ground that the subject landholding with TCT
________________
located
at
____________________
with
an
area
_________________ has an 18% slope and undeveloped."

B.

FACTS

Those facts necessary to a disposition of the matter under consideration should

be set forth. Facts should be stated logically and concisely. A decision need not and
should not set forth all the facts that may be involved in the case. Only a narrative
statement of the controlling facts should be made. Controlling facts are facts which,
when added together, enable the judge to come to some factual conclusion that affects
the outcome of the case. The writer has to be selective; the RD must know which facts
are material to his readers and their understanding of the decision. There must be no
misstatement of facts. An improper factual recitation can result in irreversible
miscarriage of justice.

Example:
"Petitioner is the registered landowner of the subject landholding. The area was
covered under CARP through the issuance of NOC dated ___________________ which
was received on ________________ by _______________. The verified petition for
exemption was filed on ________________ at the ___________________ which is
_____ days from ______________."

C.

ISSUE/S

Once these preliminary matters have been covered, the writer must identify the
specific legal or factual issues to be discussed. State the issues simple enough that even
a non-lawyer, can read and understand. Discuss each issue individually.

Example:
"1.)
2.)

D.

Whether or not the subject landholding is an undeveloped land with 18% slope;
Whether or not the subject landholding is excluded from CARP coverage."

LAW, RULES AND REGULATIONS AND JURISPRUDENCE


Next, systematically analyze the law, rules and jurisprudence (if there's any), as
it pertain to the facts of the case leading to the conclusions.
Example:
"Under R.A. 6657, as amended ____________________. This is further clarified
by Section 7 of DAR A.O. 7 Series of 2011 which provides that undeveloped lands with
18% slope are among those excluded from CARP coverage. The Supreme Court decided
in the case of _____________________________ (G.R. ___________) that
________________________________."

E.

DECISION

Having covered each issue, the RD should summarize the dispositions by

bringing together the conclusions into a decision.
Example:
"The petition was filed within the reglementary period pursuant to DAR A.O.
No. 07-2011. However, from the records of the case, while the subject landholding has
18% slope, the said land is already developed for agricultural purposes. Since
______________, the petitioner has already been planting _______________ on the
land. To be excluded from the coverage, the land must not only be 18% slope but must
also be undeveloped. Therefore, the petitioner's landholding cannot be excluded from
the CARP coverage."

XI. SAMPLE APPLICATION OF THE TEMPLATE BASED ON AN ACTUAL CASE

MABAYO FARMS INCORPORATED,

herein represented by RORAIMA D. SILVA, Applicant.
xxx

xxx
ORDER

NATURE OF THE CASE

xxx

This resolves an application for exemption from CARP coverage, pursuant to DAR
Administrative Order No. 13, Series of 1990, as amended by DAR Administrative Order
No. 10, Series of 1994.
FACTS
The pertinent facts are, as follows:
The landholding being applied for exemption pertains to a parcel of land with an area of
143.1970 hectares, more or less, located at Barangay Mabayo, Morong, Bataan, more
particularly described as follows:
Registered Owner Transfer Cert. of Title Lot No. Date Registered Area (has.)
Mabayo Farms, Inc.
2001 143.1970

OCT No. 326

1379

21 August

In support of its application, the applicant, through its representative, submitted the
following documents:
1.

Certified copy of Title;

2.

Certified copies of Tax Declarations;

3.

Sketch plan/Topographic map;

4.
DENR Certification, stating that, based on actual verification, subject
landholding is generally above 18% slope; and
5.
Department of Agriculture Certification, stating that: "a) the area generally
occurs on a moderately to strongly sloping hill to mountainous landscape generally
under open grassland and savanna type of vegetation with small portion planted to
mango; b) the area is solely dependent on rainwater for its irrigation needs and found
to be highly susceptible to drought and soil erosion; and c) the area is classified poorly
suited to cultivated crops and would require complex management practices to maintain
productivity."
Records reveal that an Order was issued by this Office on 29 July 2005, the dispositive
portion of which reads, as follows:
"In view of the foregoing premises, an Order is hereby issued DECLARING the property
of Mabayo farms Incorporated covered by OCT No. 326, Lot No. 1379 consisting of
143.1970 hectares and located at Morong, Bataan to be covered under CARP without

prejudice to the possible exercise of right of retention by the corporation, if qualified, as

well as to the outcome of the exemption if one would be filed. Thus, until such time, the
CARP coverage of the said landholding shall proceed immediately.
SO ORDERED."
On 18 October 2005, acting on the Motion for Reconsideration filed by the applicant,
this Office issued an Order, the dispositive portion of which is, as follows:
"WHEREFORE, finding that the Motion for Reconsideration had not presented any
compelling, convincing, or substantial arguments for this Office to modify or change,
much less to reverse the decision dated July 29, 2005, the same is hereby AFFIRMED
and the instant motion is accordingly DENIED for utter lack of merit."
SO ORDERED."
On 17 November 2005, Mabayo Farms, Inc. filed its application for exemption from
CARP coverage before this Office, with the attached Certification dated 19 September
2005, issued by the CENRO of Bagac, Bataan, attesting that the land is generally above
18% in slope.
ISSUES
The issue to be resolved is whether or not the subject landholding is exempt from CARP
on the ground that it is above 18% slope.
LAW, RULES AND REGULATIONS AND JURISPRUDENCE
Section 10 of RA 6657 excludes and/or exempts lands with 18% slope or over from the
coverage of CARP. However, those lands having a slope of more than 18% but already
developed before 15 June 1988 shall be placed under the coverage of CARP and the
provisions of DAR A.O. No. 13, series of 1990, shall be applied.
A perusal of the records shows that the applicant has substantially complied with all the
documentary requirements necessary for the approval of the instant application. This
Office deems the instant application meritorious.
Upon careful deliberation and evaluation of the instant case, this Office is inclined to
give respect and credence to the findings of the DENR and the Department of
Agriculture, both of which are in the best position and with the necessary expertise to
determine the slope and suitability or productivity of lands for agriculture. This Office
likewise takes cognizance of the findings of the Municipal Agriculturist and the MARO.

A Certification, dated 14 February 2006 was issued by the Municipal Agriculturist and
the MARO, stating that a considerable portion of the area falls below 18% in slope and
is suited to the cultivation of high value crops and agro-forestry.
DECISION
WHEREFORE, in view of the foregoing premises, ORDER is hereby issued:
GRANTING the application for exemption, pursuant to DAR Administrative Order No.
13, Series of 1990, as amended by DAR Administrative Order No. 10, Series of 1994,
involving portions of the property covered by OCT No. 326, located in Mabayo,
Morong, Bataan, registered in the name of Mabayo Farms, Incorporated, found to be
18% and above in slope and undeveloped;
DECLARING those portions found to be below 18% in slope to be covered under
agrarian laws, rules and regulations;
DIRECTING the applicant to pay disturbance compensation to affected claimant(s),
should there be any qualified, in cash or in kind, as may be mutually agreed upon under
the premises, involving those portions found exempt in relation to the preceding
paragraph;
Any misrepresentation of facts material to the issuance of this Order shall cause the
nullity of this Order without need for court action.
SO ORDERED.
City of San Fernando Pampanga, 17 June 2009.
TEOFILO Q. INOCENCIO
OIC-Regional Director
Cc:
Parties or their counsel
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