August 30, 1973

DEPARTMENT MEMORANDUM CIRCULAR NO. 19-73

TO                :     All Regional Directors
                               District Officers
                               Agrarian Reform Team Leaders
                               Field Personnel

            In order to protect the rights of tenant-farmers under Presidential Decree No. 27 and in line with the provisions of paragraph 4, of DAR Memorandum Circular No. 2-A (AMENDED) dated June 19, 1973, Circular No. 31 dated August 22, 1973 of the Department of Justice superseding Circular No. 17 dated May 29, 1973 is attached hereto for ready reference and guidance.   TEDaAc

            From said Circular No. 31, private agricultural lands primarily devoted to the production of rice and/or corn and tenanted are not subject of any voluntary deed or instrument purporting to be a subdivision (partition), mortgage, sale or any other mode of encumbrance or conveyance. However, in other kinds of private agricultural lands, affidavits are required to accompany the deed or instrument:

a.         If the land is not tenanted;

b.         If tenanted, the land is not primarily devoted to the production of rice and/or corn as of October 21, 1972, and on or about the date of registration;

c.         If portion of the land is primarily devoted to the production of rice and/or corn and is tenanted, only the portion of such land that is not tenanted or not primarily devoted to the production of rice and/or corn can be subject of the deed or instrument.

            It is also required that the area of the portion tenanted and devoted to the production of rice and/or corn as well as the area of the portion not tenanted or not primarily devoted to rice and/or corn; are to be stated in the Affidavit. At the same time, the deed or instrument must contain a stipulation that only the portion of the rice and/or corn is subject of such deed or instrument. This stipulation is to be annotated in the certificate of title.

            Regional Directors are hereby directed to see to it that copies of the register deed or instrument together with the Affidavit is furnished his office by the Registers of Deed in his region, and that there must be a continuing dialogue with them on the matter. Whenever necessary, he should conduct or cause to be conducted an inspection and verification of the land subject-matter of the registered deeds of instrument and the accompanying affidavits and to take such action as may be necessary in case of misrepresentation or false statement contained therein with the duty of submitting to this Department monthly reports on the result of the verification made and the action taken.   cTSDAH

            Compliance with this Circular is enjoined.

            Quezon City, Philippines, August 30, 1973.

(SGD.) CONRADO F. ESTRELLA
Secretary