May 3, 1976
MEMORANDUM
TO : All Regional Directors, District Officers, Team Leaders, Trial Attorneys, Legal Officers and Field Personnel
FROM : The Secretary
Department of Agrarian Reform
Diliman; Quezon City
SUBJECT : Policy Guidelines in the Distribution of Certificates of Land Transfer and Other Matters
Hereunder are the policy guidelines covering specific issues that tend to delay the distribution of Certificates of Land Transfer as well as placement of certain areas under operation land transfer for your information and guidance. SAHaTc
A. Certificates of Land Transfer Pending Disposition
1. Refusal to become member of Samahang Nayon:
A tenant-farmer whose CLT is being withheld because he has not yet become a member of the Samahang Nayon shall be given up to June 30, 1976 to make his decision. If he refuses to join, his CLT shall be cancelled and the farmholding reallocated to the immediate member of the family who helped the tenant-farmer in the cultivation of the farmlot. In the absence of such member or should he refuse then the same shall be reallocated by the DAR, through the Agrarian Reform Team to any deserving tenant-farmer as recommended by the Samahang Nayon.
2. Refusal to accept CLT :
A tenant-farmer who refuses to accept the CLT, whether or not he is a member of the Samahang Nayon shall likewise be given up to June 30, 1976, to make his final decision. If he continues to refuse, the CLT shall be cancelled and the farmholding reallocated to the immediate member of the family who helped the tenant-farmer in the cultivation of the farmlot. If there is no such member or he refuses, then the same shall be reallocated to any deserving tenant-farmer recommended by the Samahang Nayon. Final allocation shall be done by the DAR through the Agrarian Reform Team.
3. Voluntary surrender:
A tenant-farmer who voluntarily surrendered his farmholding which is already covered, by Certificate of Land Transfer shall likewise be given up to June 30, 1976 to reconsider his decision. If he does not change his position, the CLT shall be cancelled and the farmholding be reallocated to the immediate member of the family who helped the tenant-farmer in the cultivation of the farmlot. If there is no such member or he refuses, then the same shall be reallocated to any deserving tenant-farmer as recommended by the Samahang Nayon. Final allocation shall be done by the DAR through the Agrarian Reform Team. In no case shall a surrendered farmholding revert to the original owner.
4. Abandonment:
A tenant-farmer who abandoned his farmholding either before or after receiving the CLT, shall cause the CLT to be cancelled and the farmholding shall be reallocated to the actual tiller therein other than the landowner. Should the tiller be the landowner then the farmholding shall be reallocated to the deserving tenant-farmer as recommended by the Samahang Nayon.
5. Protests by Landowners:
CLTs which are being withheld because of protest filed by landowners on various ground e.g. nonrecognition of tenancy relationship; the land is not primarily devoted to rice and/or corn; the land is not an agricultural land; the land is not suited for agricultural use; and other similar grounds, shall be distributed to the tenant-farmers. The CLTs should be stamped "Under Protest". The landowners, may, should they so desire, file their formal protest with the DAR. In the meantime, the tenant-farmers shall not be disturbed in the peaceful possession of the farmholding covered by their CLTs.
In case the protest is based on the landowners' right to retain 7 hectares, the Agrarian Reform Team should determine whether or not he has filed his application for retention and the same has been approved. If it has been approved, the Team should move for the cancellation of the CLTs generated covering the retained portion, and advise and assist the parties to enter into a written leasehold agreement.
CLTs covering excess area should be issued to the tenant-farmers working in the said excess area.
Landholdings with Pending Court Cases:
CLTs covering lands which are the subject-matter of pending court litigations shall be distributed to the tenant-farmers unless there is an order issued by the Court enjoining the Department from distributing such CLTs.
7. Lands Planted to Rice, Corn and other Crops:
Where in a landholding rice and corn are planted sporadically as primary crop in a big area, the CLTs shall be released to the tenant-farmers.
However, landowner shall be given the option to relocate the tenant-farmers provided that the following terms and conditions are met:
a) That the tenants are willing to be reallocated;
b) That the tenants are given the economic family size farm as provided under P.D. No. 27, 3 hectares if irrigated and 5 hectares if not irrigated;
c) That the expenses for the transfer of improvements shall be borne by the landowner; ScEaAD
d) That should the relocation area be not yet developed, the same should first be developed by the landowner;
e) That other permanent improvements which can not be transferred to the new farmholding shall be compensated.
8. Lands Foreclosed by Banks:
The foreclosure of mortgaged tenanted rice and/or corn lands does not impair the right of the tenant to acquire the property under P.D. No. 27. Therefore, CLTs covering lands foreclosed by the banks shall be distributed to the tenant-farmers.
9. Unregistered Transfers of Private Agricultural Lands Executed before P.D. No. 27:
CLTs covering properties, which have been conveyed to other person or persons before P.D. No. 27 but which transaction has not been registered with the Register of Deeds, should be released.
After CLTs have been distributed, the party claiming ownership over the land may present his evidences to the DAR to substantiate his claim of bonafide acquisition of the property before P.D. No. 27.
10. Land Planted to Other Crops:
CLTs generated covering lands which have been planted to other crops, after P.D. No. 27, but were previously planted to rice and corn, shall be issued to the tenant-farmers.
11. Government-Owned Private Agricultural Lands:
CLTs generated over lands owned by government agencies intended for public purposes shall be cancelled. However, in case of ejection, the tenant-farmer shall be paid disturbance compensation and resettled by DAR.
CLTs on lands held by the government agency in its proprietary capacity shall be distributed to the tenant-farmers.
12 Two Sets of Farmers Claiming Tenancy Status Over the Same Farmlot:
CLTs generated should be withheld but the DAR should determine the rightful tenant and immediately distribute or move for the cancellation of the old CLT and generation of a new one in favor of farmer who was found to be the bona fide tenant.
13. Tenants Claiming Ownership over the Property:
CLTs generated over a piece of property which the tillers claim to be owed by them but which property has been tilled in the name of another person should be withheld and the case indorsed to the proper court for appropriate action.
14. CLT in Forest Zones:
CLTs generated within forest zones should be withheld. DAR shall make a representation with the Department of Natural Resources for the release of the area. Where release is not feasible, DAR should resettle the farmers.
15. Paraphernal, Capital, Conjugal Properties:
In the computation of the 7 hectares retention right the paraphernal, capital and conjugal properties of the spouses shall be treated as joint ownership. CLTs generated over the excess of 7 hectares (if the couple is entitled to retention) should be distributed.
B. Guidelines on OLT Coverage and Other Related Matters;
1. Land Classification:
When the landholding is tenanted but there is doubt as to whether or not it is private agricultural land because of the landowners' refusal to show evidences of ownership, the same shall be covered by Operation Land Transfer.
2. Ejectment:
Where a tenant has been illegally ejected after October 21, 1972, the area shall be covered by Operation Land Transfer in favor of such illegally ejected tenant.
3. Conversion or Planted to other crops:
Lands converted into subdivision and/or planted to other crops after October 21, 1972 without the prior written authority of the Secretary of Agrarian Reform shall be covered by Operation Land Transfer.
4. With Pending Court Cases:
Landholdings which are the subject-matter of Court litigations are not exempt from the coverage of Operation Land Transfer. Unless there is an injunction issued by the Court against the Department of Agrarian Reform, the same shall be covered by Operation Land Transfer. DcCITS
C. Other Matters;
1. Disposition of Occupied Area Not Covered by CLT :
A tenant who occupies a landholding in excess of a family sized farm shall be formally advised by DAR, through the Agrarian Reform Team, to relinquish the excess area after the harvest of the standing crop if any, so it can be reallocated to a tenant-farmer within the same landholding holding the smallest farmlot.
2. Conversion of Area Covered by CLT .
After a tenant-farmer receives a CLT, he may be allowed to convert his farmholding for any other purpose which may be beneficial to himself and to his family, subject however to the conditions that he cannot transfer the same in favor of another person but to the government and that the conversion must first be approved by the Secretary of DAR.
3. Zonified Areas:
Tenanted private agricultural lands primarily devoted to rice and/or corn falling within the zonified area for urban purposes as declared by the Municipal, Provincial or City Council, shall not be considered automatically converted into non-agricultural uses, hence are covered by Operation Land Transfer. If CLTs have been generated over these areas, the same shall be released to the tenant-farmers. If OLT has not been conducted thereon the same should be covered.
4. Irrigation System:
Where an irrigation system has been constructed by the landowner and existing in the landholding covered by OLT, the Team Leader concerned shall immediately help organize the tenant-farmers benefitted thereby into a farmer-association, which association shall purchase with the help of the DAR and financed by the Land Bank such irrigation system.
Meanwhile, the Team Leader shall take such steps as would prevent the landowner from destroying the irrigation system or from preventing its use by the tenant-farmers.
For compliance.
(SGD.) CONRADO F. ESTRELLA
Secretary