,-==~=::l::!!:l::.==~=".c-...,_._,~.,~-"'~"n'-'::::!::"'-•-
~=='-=-=:-'-=.'....,.==---=.:.:: ~==----====·===~--==-~-·~
pan during the negotiation process and
t nothing that has been agreed upon
ere left out from the written draft; and
at (2) the Agent acted within the
arameters of its authority under the
rovisions in the SPA, if applicable. Upon
e completion of review, it shall forward
.e proposed AVA to the PARPO together
"th its written report and observations.
Approval of the
AVA
Sec. 24 - Three ree original copies of the signed AVA
Copies of the
ust be submitted to DARPO. The
Signed AVA to •ARPO shall immediately undertake to
be submitted to etermine that the signed AVA is the same
that it has reviewed in issuing the
DAR
ermit. Once this has been verified, which
· no case must be later than fifteen days
om submission thereof, the PARPO shall
·ssue a Certification that it contains the
arne provisions as that reviewed prior to
·ts execution, and recommend for its
pproval. The Certification, together with
ne original copy of the AVA and such
umber of photocopies equivalent to the
umber of members of the PARCCOM,
hall be transmitted to the PARCCOM.
IJ\RC may delegate, through a
esolution, its authority to
pprove AVAs to the pertinent
AR Regional Directors. In
ase the parties disagree with
e dectsion of the Regional
irector, he/she/it/they may
ppeal the said Resolution to
e PARC. (Sec. 28)
Approval of the
AVA
Sec. 27Certification of
Approval and
Effectivity
his refers to PARPO's
ertification issued to both
arties that the AVA has been
·egistered and is recognized as
ali d.
Dispute Resolution
I
Sec. 30 Primacy of
Mediation and
Conciliation
'ARPO shall issue the Certification not
~ter than three business days from receipt
f the PARC Resolution approving the
YA.
ediation and conciliation shall be the first
ode of resolving any disputes between
e parties of the AVA. Upon complaint by
e ARBs or the investor, the DAR shall
all both parties to a mediation/conciliation
onference to see if the issue can be
·esolved amicably. Amendment of
articular provisions of the AVA may be a
olution to problems, and the DAR shall
ot act to hinder this possible solution
ess such amendment is in violation of
ylaw.
urisdiction for cases
·nvolving specific
erformance or
·nguishment of an
bligation under, or for the
ullification, annulment, or
evocation of, the AVA shall be
ith the DAR Adjudication
oard. (Sec. 31)
According to Section 15, DAO No. 04, S. 2016, the mandatory provisions in an AVA are the
following:
1. The consideration of the AVA, the determination of which must consider several factors which must
include the following:
1.1land amortization value per hectare per year, multiplied by the number of hectares and the
number of years of the life of the AVA;
1.2 annual real property tax per hectare, multiplied by the number of hectares and the number of
years of the life of the AVA; and
1.3 in case of lease AVAs, the increase of annual consideration on the basis of the annualized
Core Inflation Rate most recently published by the Bangko Sentral ng Pilipinas.
20
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents