February 12, 2004
JOINT DAR-LBP MEMORANDUM CIRCULAR NO. 03-04
TO : All Concerned Officials and Personnel of the DAR and LBP
SUBJECT : Guidelines on the Authentication and Verification of Owner's Duplicate Certificate of
Title for the Provinces of North Cotabato, Sultan Kudarat and Lanao Del Norte
Prior to Land Valuation and Landowner's Compensation in the Acquisition of
Private Agricultural Lands under the Comprehensive Agrarian Reform Program
(CARP)
I. In order to further strengthen the operating procedures on land valuation and landowner's compensation in the acquisition of private agricultural lands covered by the CARP in the Provinces of North Cotabato, Sultan Kudarat and Lanao del Norte, and to supplement/complement the DAR-LBP Joint Memorandum Circular (JMC) No. 4, series of 1995 and DAR Administrative Order (A.O.) No. 2, series of 1996, as amended, the following policies and procedures are hereby adopted:
A. The original copy of the owner's duplicate certificate of title, shall be forwarded by the LBP to the Bangko Sentral ng Pilipinas (BSP) for verification and authentication as to paper, print and ink for titles issued (whether OCT or TCT) from the year 1984 to the present. For titles issued before year 1984, the same shall be forwarded by LBP for verification and authentication to the National Printing Office (NPO).
In case of compulsory acquisition where the original owner's copy is not available, arrangements shall be made with the Register of Deeds (ROD) concerned for BSP representatives to have access to the original copy of the title in the files of the said ROD for the necessary verification and authentication;
B. All land patents issued by the DENR shall be subject to DENR-LMB/LMS verification and authentication, as follows:
(a) All patents, regardless of are, issued from year 1972 and prior years, for verification in the DENR-LMB (Central Office);
(b) Patents covering more than five (5) hectares, issued from the year 1987 and prior years, for verification in the DENR-LMB (C.O.)
(c) Patents covering areas five (5) hectares and below issued from year 1972 up to year 1987, for verification in the DENR-CENRO concerned;
(d) All patents regardless of area, issued after year 1987, for verification in the DENR-CENRO concerned.
Caution should be exercised on where to verify patents/titles issued immediately after the borderline years 1972 and 1987 specified in (a), (b), (c) and (d) aforementioned as there may be cases of patents/titles issued a short time after said borderline years in the offices concerned.
All referrals intended for DENR field office shall be initially indorsed by the LBP thru the DENR-LMB, to the DENR Region concerned which shall refer the same to the CENRO concerned for the necessary verification/authentication. All reports from the field shall be submitted to the DENR-LMB which shall then forward the same to the LBP Central Office.
C. All judicially issued titles, whether O.C.T. or T.C.T., shall be subject to authentication and verification by the Land Registration Authority (LRA) Central Office subject to referral to the Register of Deeds concerned in appropriate bases where the participation of the ROD becomes necessary. The corresponding report shall be submitted by the LRA to LBP Central Office.
II. The corresponding authentication and verification reports of the BSP, the report/certification from the DENR-LMB or the DENR-LMS Regional Office, and the report/certification from the LRA-ROD, shall be forwarded to the Land Bank of the Philippine Central Office. aEACcS
III. The LBP Central Office shall receive all the reports from the agencies concerned and thereafter forward the same to the LBP-AOC in the Region concerned.
IV. In case the BSP report is favorable, following the procedure in paragraph I-A above, the LBP Head Office shall advise the LBP-AOC which shall communicate with the DAR Regional Office concerned to obtain the required certifications from the DENR and the LRA, following the procedure in paragraphs I-B and I-C above.
V. In case the BSP report is unfavorable, the LBP Head Office shall communicate this finding to the DAR so that all the LAD processes will be terminated. Therefore, further verification need not be undertaken by the DENR or LRA. The LBP shall then proceed to refer the unfavorable report to the Department of Justice Task Force on Questionable Titles for appropriate action.
VI. This Joint Memorandum Circular supplements DAR A.O. No. 02, s. 1996, as amended, and DAR-LBP JMC No. 4, series of 1995, supersedes all orders and issuances or parts thereof which are inconsistent herewith, and shall take effect immediately
Diliman, Quezon City and Manila, 12 February 2004.
(SGD.) ROBERTO M. PAGDANGANAN
Secretary, DAR
(SGD.) MARGARITO B. TEVES
President & CEO, Land Bank of the Philippines