March 24, 1977
DEPARTMENT MEMORANDUM CIRCULAR NO. 07-77
SUBJECT : Guidelines in the Issuance of Miscellaneous Sales Patents covering
1. Homelots and Residential Lots covered:
1.1 Criteria
Homelots in barrio sites residential lots in townsites which may be the subject of issuance of miscellaneous sales patent shall:
1.1.1 Be within an area released and classified by the Bureau of Forest Development as alienable and disposable;
1.1.2 Be covered by approved subdivision plan;
1.1.3 Be actually occupied by the applicant;
1.1.4 Be covered by a certificate of allocation in applicant's favor;
1.1.5 Be free from adverse claim and conflict;
1.1.6 Not to be subject of pending abandonment or cancellation of allocation proceedings;
1.1.7 Not be covered by any other certificate of allocation, public land application, patent or grant and
1.1.8 Not be reserved for public or semi-public use or purposes.
2. Qualifications and Disqualifications of Applicants:
2.1 Qualifications:
An applicant for homelot or residential lot in barrio sites and townsites must have the following qualifications:
2.1.1 A registered settler in the DAR settlement project;
2.1.2 An allocatee of the homelot or residential lot applied for;
2.1.3 Has constructed his house on the lot applied for and is the actual occupant thereof;
2.1.4 Has filed a homestead of free patent application;
2.1.5 Has resided continuously in the project for at least one (1) year; and
2.1.6 Has cultivated at least 1/4 of the farmlot allocated to him.
2.2 Disqualifications:
The applicant shall be disqualified if he/she is:
2.2.1 One who at the time of the filing of his application is an awardee/vendee/owner of a homelot or residential lot regardless of its source, location, area and manner of acquisition except:
2.2.1.1 When the distance of the homelot/residential lot awarded/purchased/owned from the farm lot of the applicant in the settlement is such that the efficient and effective cultivation of his farm lot may be hampered or sacrificed; and
2.2.2.2 When an applicant is acquiring the lot through inheritance.
2.2.2 One who has filed another application to acquire a farmlot, homelot or residential lot within a private or public land under the disposition or the government; and
2.2.3 One who has voluntarily transferred or waive his rights over a farmlot or homelot allocated to him by the government.
3. The Miscellaneous Sales Application:
3.1 Contents of the Application:
The Miscellaneous Sales Application shall be under oath and shall contain, among other things, the following:
3.1.1 Name of applicant, his/her age, citizenship, civil status and name of spouse, if married, and his/her address;
3.1.2 Number of lot, block number, survey plan number and area and location of the homelot/residential lot applied for;
3.1.3 Name of actual occupants, the improvement/s therein, if any, approximate value and owner/s thereof;
3.1.4 Adverse claim or boundary conflict, if any, whether the lot is the subject of an abandonment or cancellation of allocation proceedings:
3.1.5 Nature and basis of possession of the lot of the applicant;
3.1.6 Restrictions and limitations in the disposition of and on other rights over the lot and;
3.1.7 The application number.
3.2 How to accomplish the Application Form:
3.2.1 All blanks must be filled up and answered responsively; If a question is not applicable, the words not applicable or the abbreviations "N/A" or a series of "X" shall be placed on the blank spaces;
3.2.2 Erasures, corrections or amendments in the application shall be initialed by the applicant or administering officer or by both;
3.2.3 A P0.30 documentary stamp shall be affixed to the original copy of the application;
3.2.4 The application shall be sworn to before any of the following:
3.2.4.1 Municipal Judge of the Municipality where the land is located; EIAHcC
3.2.4.2 Judge or Clerk of Court of the Court of the First Instance of the province where the land lies;
3.2.4.3 Official or employee of the Department of Agrarian Reform authorized to administer oath on public land applications; and
3.2.4.4 Notary Public of the Province where the land lies.
3.3. Filing and numbering of the Application:
The Miscellaneous Sales Application shall be filed with the office of the Agrarian Reform Team concerned which shall number the same in accordance with the code adopted for the purpose. It shall be referred to the land inspector or any personnel designated as such for investigation and ocular inspection of the lot.
4. Procedural Steps:
4.1 Ocular Inspection and Investigation of the Lot:
4.1.1 Ocular Inspection and Investigation of the Lot:
The DAR Land Inspector or employee designated as such, equipped with a copy of the approved subdivision plan and list of settler-allocatees of the homelots in barrio sites or residential lots in townsites, shall conduct an ocular inspection and investigation of the lot applied for and shall submit his report to the Agrarian Reform Team Leader immediately.
4.1.2 Contents of the Preliminary Investigation Report:
The ocular and preliminary investigation report shall be prepared in five (5) copies and shall contain, among other things, the following:
4.1.2.1 The lot, block and survey number, area and location of the homelot/residential lot which must appear on the sketch plan prepared by the Land Inspector;
4.1.2.2 Name and address of the applicants;
4.1.2.3 Length of residence of the applicant in the settlement project;
4.1.2.4 Find and nature of improvements introduced, approximate value and owners thereof;
4.1.2.5 Nature, basis and length of occupancy;
4.1.2.6 Adverse claim or boundary conflict and/or abandonment or cancellation of allocation proceedings, if any;
4.1.2.7 Relative position of the house, if any, to the subject lot and actual occupant of the house;
4.1.2.8 Transfer or encumbrance of rights, if any, date of transfer or encumbrance and name of transferor and transferee;
4.1.2.9 Area of the farmlot allocated to the applicant and extent of his cultivation thereof; and
4.1.2.10 Comment and Recommendation.
4.1.3 The Land Inspector or personnel so designated shall prepare the Preliminary Investigation Report in five (5) copies immediately.
4.2 Processing of the application by the Agrarian Reform Team:
4.2.1 The Land Inspector shall process the application and supporting papers. If he finds the same to be in order he shall submit the same together with the Preliminary Investigation Report which shall contain his recommendation to the Agrarian Reform Team leader for review:
4.2.2 The Agrarian Reform Team Leader shall, upon receipt of the application and supporting papers from the land inspector, review the same. If he finds them to be in order, he shall forward the application records to the Regional Office concerned with his recommendation, for further processing.
4.3 Documents and Certificates Constituting the Records to be Forwarded to the Agrarian Reform Regional Office:
4.3.1 Miscellaneous Sales Application;
4.3.2 The Preliminary Investigation Report;
4.3.3 Sketch plan of the lot;
4.3.4 Certificate of Allocation or a Certificate of Confirmation of the Allocation covering the homelot issued by the Team Leader;
4.3.5 Certification from the Agrarian Reform Team that the applicant has filed his homestead or free patent application for his farmlot;
4.3.6 Sworn Statement of Assumption of Obligation of the former allocatee of homelot/residential, if any by the applicant if he is not the original allocatee of the homelot/residential lot;
4.3.7 Certification of the Legal Officer of the Agrarian Reform Team or, in his absence, the Agrarian Reform Team Leader or employee in-charge of the records of contested lots that there is no adverse claim or boundary conflict involving the homelot or residential lot and/or farmlot allocated to him.
4.4 Processing and Review by the Regional Office
The Regional Office concerned shall examine and process the records submitted by the Agrarian Reform Team and attach to the records the certifications by the Regional Legal Officer and Trial Attorney that the homelot or residential lot applied for and/or the farmlot allocated to applicant is/are not involved in adverse claim, court litigation and/or abandonment or cancellation of allocation proceedings. CcTIDH
4.4.1 Preparation and Issuance of Certificate of Land Transfer. If in order, the Regional Director shall submit the original copies of the application records to the Land Distribution Division (LDD), BLADD for review and issuance of CLT.
The CLT shall be prepared by the LDD in six (6) copies to be distributed as follows:
1. The original copy for the settler-awardee; and
2. One copy each to:
a. The Land Distribution Division
b. The Regional Office
c. The Team Leader
d. The Register of Deeds concerned
e. The Records Unit, DARCO
4.4.2 Preparation of Sale's Memorandum
Upon receipt of the Regional Office of a copy of the CLT, the Regional Accountant shall prepare the sale's memorandum to be forwarded to the Agrarian Reform Team Office as basis and guide in determining the amount and schedule of payment by the applicant. Upon issuance of the CLT, the cost of the lot maybe paid in full or on installment. Should the applicant elect to pay the cost on installment, he shall pay a downpayment equivalent to ten percent (10%) thereof and the balance to be paid by him in ten (10) equal annual installments. The cost of survey and other fees shall be paid also before the preparation of the statement of account.
4.5 Final investigation and Ocular Inspection of the Homelot or Residential Lot by the Agrarian Reform Team.
As soon as the applicant has paid the purchase price and other charges in full, the Agrarian Reform Team shall conduct the final investigation and ocular inspection of the subject lot.
The Final Investigation Report shall contain the following information or data:
4.5.1 Name of applicant and his/her spouse, if married, his/her Citizenship and present address.
4.5.2 Identity of the farmlot allocated to him/her, extent of the area under cultivation, whether or not it has been applied for by him or any other person and, in the affirmative, the status of the application;
4.5.3 Identity of the homelot or residential lot allocated to and applied for by the applicant; whether or not he has constructed a residential house and introduced other improvements thereon; and whether or not the applicant has continuously resided in said house since its construction;
4.5.4 Whether or not the farmlot, homelot or residential lot allocated to him is subject of adverse claim or abandonment or cancellation of allocation proceedings; and
4.5.5 Other information deemed or found to be necessary in the processing of the application;
4.5.6 Comment and Recommendation.
The original and two (2) duplicate copies of the Final Investigation Report, together with the Official Receipt evidencing full payment of the purchase price of the lot and other accounts related thereto or a certification to that effect shall be forwarded to the Regional Office.
4.6. Preparation of the Statement of Account by the Regional Office
The Regional Accountant shall prepare the Statement of Account based on the receipts or certification of full payment of the accounts shown above and on the recommendation appearing on the Final Investigation Report.
4.7 Review and transmittal of Applicant's Sales Application Records to the Central Office:
The Regional Office shall process and review the Applicant's application records and if found to be in order, the same shall be forwarded to the DAR Central Office (DARCO) by the Regional Director with his comment and recommendation.
The applicant's records to be forwarded to the DARCO shall, aside from the Miscellaneous Sales Application and supporting documents and papers enumerated in No. 4.3 above, include the following:
4.7.1 Original copy of the CLT previously issued to the applicant;
4.7.2 Clearances from the Regional Trial Attorney and Regional Legal Officer;
4.7.3 Certification that the applicant is a member of a cooperative or a duly organized Samahang Nayon or Barrio Association;
4.7.4 Sales Memorandum;
4:7.5 Statement of Account;
4.7.6 Final Investigation Report; and
4.7.7 Other papers/documents required by the Agrarian Reform Team and/or the Regional Office to support the application.
5. The Land Distribution Division
The Land Distribution of the Bureau of Land Acquisition, Distribution and Development shall review the records submitted by the Regional Office. If the records are complete and in order and all accounts are fully paid; it shall prepare the Miscellaneous Sales Patent for the signature of the Secretary of Agrarian Reform. The signed Patent, together with the original copies of the records, shall there be forwarded to the Regional Office concerned, which shall, in turn, transmit the same to the Agrarian Reform Team. The Agrarian Reform Team will then release the Patent to the grantee; the team office shall assist the patentee in. the registration of the patent in the proper Register of Deeds. cAHIaE
6. Effectivity:
(SGD.) CONRADO F. ESTRELLA
Secretary