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How to file for retention and preferred beneficiary for land covered by CARP?

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charismagrace


Arresto Menor
Hi,

This is a question regarding a land covered by CARP under RA 6657. I would like to ask if a lawyer is necessary to file for retention for 5h and file for preferred beneficiary for 3h?

If a lawyer is not needed, can the landowner proceed to the DAR office immediately to file for retention and preferred beneficiary?

Thanks.

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karl rove


Reclusion Perpetua
hi there. Under the carp law, you must file a petition for exemption for compulsory coverage.

where is the property located, because the petition must be filed with the DAR office where the property is located?

email me at adpr24242000@yahoo.com

tnxs

Atty Karl Rove

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centro


Reclusion Perpetua
It starts with the Department of Agrarian Reform issuing a Notice of Coverage (NOC) for agricultural lots exceeding 5 hectares covered under CARP. With an Approved Survey Plan (ASP) initiated by DAR, the landowner offers the lot qualified for CARP in excess of 5 hectares to DAR using a standard form. As far as I know, this is a letter with info filled in with the help of DAR not needing a lawyer. Letter will also state if the landowner desires to retain 5 hectares. Filing for preferred beneficiary may be needing a lawyer. Best to consult your DAR Municipal Agrarian Reform Officer (MARO).

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charismagrace


Arresto Menor
Thanks for your replies Atty Karl and centro. Our family end up getting a lawyer because the forms to be filled up are complicated for non lawyer citizens. Also, we have a lot of other questions regarding CARP. The property is located in Negros.

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centro


Reclusion Perpetua
This form maybe relevant.
https://www.google.com.ph/search?q=http%3A%2F%2Fwww.dar.gov.ph%2Fdownloads%2Fcategory%2F77-CARPER%2520LAD%2520Forms%3Fdownload%3D752%3ACARPER%2520LAD%2520Form%2520No.%25203%2520Notice%2520of%2520Coverage&oq=http%3A%2F%2Fwww.dar.gov.ph%2Fdownloads%2Fcategory%2F77-CARPER%2520LAD%2520Forms%3Fdownload%3D752%3ACARPER%2520LAD%2520Form%2520No.%25203%2520Notice%2520of%2520Coverage&aqs=chrome..69i58j69i57.3044j0j7&sourceid=chrome&es_sm=93&ie=UTF-8

This I understand can be better explained by a DAR Officer.  They can identify which items require a legal document.
Some situations requiring a lawyer are when you are framing:
1. Affidavit of loss of the original certificate of land title
2. Special Power of Attorney when you are assigning a member of the family to negotiate on your behalf
3. Extra Judicial Settlement in case of deceased heir

Hopefully you can share your experience with us.  Thanks



Last edited by centro on Sat Jan 10, 2015 11:39 am; edited 1 time in total

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charismagrace


Arresto Menor
Hi centro. We have received that form from DAR and we fall under #2 and #3 from the situations you mentioned above.

Our lawyer provided us with another document: Sworn application for retention and from my understanding, it supersedes the requirements needed from CARPER LAD Form 3. We'll see after we submit the documents to DAR.

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centro


Reclusion Perpetua
I did not know that a sworn statement is required to declare retention.
What others do is: assign one person to represent the case with DAR, Register of Deeds and Land Bank through a Special Power of Attorney.
The representative signs all forms presented by DAR without requiring sworn statements and DAR honors them. I maybe wrong.

Aabangan po ang inyong developments.

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