January 27, 1992

JOINT MEMORANDUM CIRCULAR OF THE DEPARTMENT OF AGRARIAN REFORM (DAR), LAND BANK OF THE PHILIPPINES (LBP), DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR) AND DEPARTMENT OF AGRICULTURE (DA)

SUBJECT    :     Clarificatory Guidelines on Land
                           Acquisition pursuant to NIACIT
                           Resolution No. 91-7-2

I.       PREFATORY STATEMENT

The DAR is the lead agency mandated by RA 6657 to implement the CARP. The LBP, DENR and DA are likewise mandated to perform their respective complementary roles in the implementation of the program. In order to effectively coordinate with each other, there is a need to clarify the respective roles of these agencies and seek their assistance in their area of expertise in resolving conflicting findings in the acquisition of the land.   AHTICD

II.      POLICY STATEMENTS

A.        Suitability to agriculture is a major consideration in the acquisition of agricultural lands.

B.        Private lands of 18% slope or over shall be covered if the same are already developed for agricultural purposes.

C.        Idle and abandoned lands, with verifiable production data, and as defined by Section 3(e) of RA 6657 shall be acquired provided there are qualified beneficiaries as certified by DAR.

III.    PROCEDURES

In the event that there is a difference or variance between the findings of the DAR and the LBP as to the priority of covering the land under CARP, whether in whole or in part, on the issue of suitability to agriculture, degree of development or slope, and on issues affecting idle lands the following shall be undertaken:

1.         The LBP (LVLCO) shall request the DAR (RARO) to cause the review of the coverage of the subject land.

2.         The DAR (RARO) shall convene a team composed of DAR, LBP, DENR and DAR representatives designated by their respective regional heads of agencies which shall jointly conduct a review and ocular inspection of the property involved.

3.         The team shall submit the findings in writing to DAR and LBP, duly signed by the chairman and the members thereof within five (5) working days from the conclusion of the inspection. The Chairman shall be the DA representative, if the issues involved are the suitability of the land to agriculture and its development or the DENR representative, if the issue involved is the percentage of slope.

4.         The DAR or LBP shall continue processing of the claim folder should the findings of the team as concurred by the Chairman be favorable.

5.         In case of the adverse findings that the land is not covered, the processing of the claim folder shall be stopped. However, if only a portion of the land is found to be not suitable, the processing shall continue in accordance with the procedures outlined in DAR Administrative Order No. 9, series of 1990.   DHEaTS

6.         The agencies concerned shall defray the expenses of their respective representatives in the Composite Team. However, expenses for survey, when necessary to determine suitability be reason of slope, may be charged by the DENR-LMS to the funds allotted to said agency for CARP surveys.

IV.    EFFECTIVITY

This joint memorandum circular takes effect immediately. Strict compliance by all concerned is hereby enjoined.

27 January 1992

DEPARTMENT OF AGRARIAN REFORM

BY:

(SGD.) BENJAMIN T. LEONG

Secretary

DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

BY:

(SGD.) FULGENCIO S. FACTORAN

Secretary

LAND BANK OF THE PHILIPPINES

BY:

(SGD.) DEOGRACIAS N. VISTAN

President

DEPARTMENT OF AGRICULTURE

BY:

(SGD.) SENEN C. BACANI

Secretary

NIACIT RESOLUTION NO. 91-7-2

RESOLUTION CLARIFYING THE GUIDELINES ON LAND ACQUISITION TO FAST TRACK CARP IMPLEMENTATION

Now, therefore, on motion duly seconded;   CSIcTa

RESOLVED, as it is hereby resolved, that in case of conflict as to the findings of the DAR and the LANDBANK regarding the land suitability for agriculture of certain areas and determination of areas whether within or over 18% slope, developed or underdeveloped, the conflict shall be resolved by a composite team of DAR, LMS-DENR, DA and LANDBANK which shall jointly conduct further investigation thereon. The team shall submit its report of findings which shall be binding to both DAR and LANDBANK.

RESOLVED, further, as it is hereby resolved, that in case of idle and abandoned lands as defined under Section 3, RA 6657 subject for acquisition, the LANDBANK shall value the same and compensate the landowners as long as there are qualified beneficiaries certified by DAR;

RESOLVED, finally, that the concerned agencies are requested to issue a joint Memorandum Circular to operationalize this Resolution.

UNANIMOUSLY APPROVED.

August 28, 1991.

(SGD.) LETICIA LOURDES A. CAMARA

TEAM Secretary

Attested by:

(SGD.) RENATO B. PADILLA

Undersecretary, DAR
Chairman, NIACIT