October 28, 2004
JOINT DAR-DENR-LBP MEMORANDUM CIRCULAR NO. 22-04
TO : All Officials and Employees Concerned of the Department of Agrarian Reform (DAR), Department of Environment and Natural Resources (DENR) and
Land Bank of the Philippines (LBP)
SUBJECT : Acquisition, Compensation and Distribution Under the Comprehensive Agrarian Reform Program (CARP) of Private Agricultural Lands Bordering Rivers and
other Natural Bodies of Water, Including the Legal Easements/20-Meter Riverbank Protection; Exclusion of Legal Easements/20-Meter Riverbank
Protection in the Distribution of DAR-Administered Public Lands Bordering Such Rivers and Natural Bodies of Water
I. PRIVATE AGRICULTURAL LANDS
Pursuant to Sections 4 and 49 of R.A. 6657, otherwise known as the Comprehensive Agrarian Reform Law (CARL), other existing agrarian reform laws, and Department of Justice (DOJ) Opinion No. 82, s. 1995, reiterated in its subsequent Opinion No. 64, s. 2004, the following guidelines on the acquisition, compensation and distribution of private agricultural lands bordering rivers and other natural bodies of water, including the legal easements/20-meter riverbank protection within the landholding are hereby adopted and issued for the information and guidance of all concerned: HIAEaC
1. FOR TITLED/REGISTERED LANDHOLDINGS
a. Legal easement portions of titled agricultural lands bordering rivers and other natural bodies of water shall be covered by DAR and compensated by LBP pursuant to RA 6657.
b. In cases where DAR has already distributed the titled/registered landholdings but payment corresponding to legal easement portions had been suspended, LBP shall resume the processing of the claim and effect compensation of the said legal easement portions.
2. FOR UNTITLED/UNREGISTERED LANDHOLDINGS
Legal easement portions of untitled/unregistered agricultural lands bordering rivers and other natural bodies of water shall be covered by DAR and compensated by LBP pursuant to R.A. 6657. The DAR's acquisition thereof shall be in accordance with the criteria and procedure for the coverage of untitled private agricultural lands, as enumerated in Sections II and III-B of Joint DENR-DAR Memorandum Circular No. 2003-01, s. 2003.
II. PUBLIC LANDS UNDER DAR JURISDICTION
In the distribution of public lands to be proclaimed as DAR Settlement Projects or proclaimed reservations to be turned over to DAR by various government agencies under E.O. No. 407 as amended by E.O. No. 448 and E.O. 506, s. 1990, 1991 and 1992, respectively, bordering rivers and other natural bodies of water, the DAR and the DENR shall ensure the exclusion of the legal easements/20-meter riverbank protection during the survey thereof pursuant to DENR A.O. No. 99-21, s. 1999, and in the issuance of the corresponding CLOAs by DAR.
III. This Joint Memorandum Circular amends Joint DAR-LBP Memorandum Circular No. 3, s. 1995, and other issuances inconsistent herewith.
IV. This takes effect ten (10) days after publication in two (2) newspapers of general circulations.
Metro Manila, October 28, 2004.
(SGD.) RENE C. VILLA
Secretary, DAR
(SGD.) MICHAEL T. DEFENSOR
Secretary, DENR
(SGD.) MARGARITO B. TEVES
President & CEO, LBP