August 30, 1990
DAR ADMINISTRATIVE ORDER NO. 09-90
REVISED RULES GOVERNING THE ACQUISITION OF AGRICULTURAL LANDS SUBJECT OF VOLUNTARY OFFER TO SELL AND COMPULSORY ACQUISITION PURSUANT TO RA 6657
I
Prefatory Statement
A. These rules are hereby prescribed to ensure the smooth and expeditious acquisition of agricultural lands covered by the Comprehensive Agrarian Reform Program pursuant to RA 6657. TCIEcH
II
Coverage
A. These rules cover Voluntary Offer to Sell (VOS) and Compulsory Acquisition (CA) transactions involving lands enumerated under Section 7 of RA 6657.
1. Voluntary Offer to Sell (VOS)
a. All private agricultural lands voluntarily offered by landowners for sale to the government.
b. All other agricultural lands transferred to the DAR pursuant to Executive Order No. 407 dated June 14, 1990.
2. Compulsory Acquisition (CA)
a. All idle and/or abandoned agricultural lands regardless of size;
b. All agricultural lands other than those voluntarily offered.
c. All private agricultural lands which became due for coverage under Compulsory Acquisition according to the priorities defined in Section 7 of RA 6657.
III
Policy
A. All landowners whose lands are subject for coverage under RA 6657 may voluntarily offer their lands for sale to the government. However, lands upon which notices of coverage have already been sent by the government and received by the landowner shall no longer be eligible for classification as voluntarily offered lands.
B. All lands which are voluntarily offered for sale to the government, except lands within the retention limits, may no longer be withdrawn and shall immediately fall under Phase I, as provided for in Section 7 of RA 6657.
C. If the land is tenanted, the farmer-beneficiaries shall continue to pay lease rentals based on a leasehold agreement provided for under Administrative Order No. 4, series of 1989, until such time as the landowner signs the Deed of Transfer or the Land Bank of the Philippines establishes a Trust Fund in the landowner's name, as the case may be.
D. The compensation for the land shall be the value determined by the LBP or the value set under summary proceedings by the DARAB or as may finally be determined by the Special Agrarian Court.
E. Landowners, other than banks and other financial institutions, who voluntarily offer their lands for sale shall be entitled to an incentive of an additional five percent (5%) cash payment pursuant to Section 19 of RA 6657.
IV
Operating Procedures
Responsibility/Activity Applicability
VOS CA
A. Landowner
1. Accomplishes the Letter of Intent (CARP Form No. 1)
and Landowner's Information Sheet (CARP Form
No. 1.1) and submits them to any DAR Unit (MARO,
PARO, RARO, DARCO), together with the following
basic ownership documents: X
a. For Titled Property-
1. Copy of title (OCT/TCT) covering the land
offered for sale with all pages duly authenticated
by the Register of Deeds (ROD) as the
exact copy of what is on file with his office. If
the title is not yet in the name of the landowner/
offeror, submits instruments of acquisition such as
Deed of Sale, Deed of Donation, etc., to establish
his ownership of the land. In instances where
the title in the custody of the ROD was lost
or otherwise destroyed, and the original copy of
the title has not been reconstituted, ROD shall
issue a certification to that effect. X
2. Copy of Tax Declaration in the name of the land-
owner/offeror issued before August 29, 1987 duly
certified by the Assessor. X
3. Copy of the Approved Survey Plan or Plan
of the property prepared and approved by
a licensed Geodetic Engineer. X
4. Copy of Sworn Statement of Landowner's
Registration (LISTASAKA I or II), if any. X
5. Other requirements as may be applicable X
b. For Untitled Properties
1. Xerox copy of Deed of Sale/Transfer duly
certified by the ROD/Assessor and/or other
instruments of acquisition covering the
subject property for a period of at least ten
(10) years. X
2. Copy of Tax Declaration issued before
August 29, 1987 duly certified by the Assessor. X
3. Approved Survey Plan and Technical Description
in narrative form. X
4. Copy of Sworn Statement of Landowner's Registration
(LISTASAKA I or II), if any. X
5. Affidavit of Landowner that the property is not
subject of adverse claim of third parties. X
6. Certification of the Clerk of Court concerned
whether or not the property has been the subject
of and registration cases, cadastral proceedings,
and status of the case, if any. X
7. Certification from the DENR:
a. stating that the subject property is not within any
civil, military, or watershed reservation, national park,
or timber or mineral land and whether the same
has been classified as alienable and disposable X
b. stating the cadastral claimant, if any, of the
subject property X
c. stating whether or not there has been an
application for the acquisition of the subject property
under Commonwealth Act No. 141, as amended, and
status, if any X
8. Certification of the Register of Deeds and the
Provincial Assessor concerned to the effect that
subject property is free from all liens and
encumbrances X
9. Certification of the Land Registration Administration
that the subject property as indicated in the approved
survey plan is not within any titled or decreed proper X
10. Proof of Publication of Cautionary Notice X
All VOS letters and documents submitted by the landowner must be forwarded to the Municipal Agrarian Reform Office concerned.
B. MARO
1. Receives the duly accomplished CARP Form Nos. 1
and 1.1 including supporting documents. X
2. Gathers basic ownership documents listed under 1.a
or 1.b above and prepares corresponding VOCF/
CACF by landowner/landholding. X X
3. Notifies/invites the landowner and representatives of
LBP, DENR, BARC and prospective beneficiaries of
the schedule of the ocular inspection/investigation
of the property at least one week in advance. X X
4. MARO/Land Bank Field Office/BARC shall:
a. Identify the land and landowner, and determined
the suitability for agriculture and productivity of
the land and jointly prepare Field Investigation
Report (CARP Form No. 2), including the Land Use
Map of the property. X X
b. Interview applicants and assist them in the
preparation of the Application For Potential CARP
Beneficiary (RA 6657) (CARP Form No. 3). X X
c. Screen prospective farmer-beneficiaries and
for those found qualified, cause the signing of the
respective Application to Purchase and Farmer's
Undertaking (CARP Form No. 4). X X
d. Complete the Field Investigation Report based
on the result of the ocular inspection/investigation
of the property and documents submitted.
See to it that Field Investigation Report is duly
accomplished and signed by all concerned. X X
5. MARO
a. Assists the DENR Survey Party in the conduct
of a boundary/subdivision survey delineating
areas covered by OLT, retention, subject of VOS, CA
(by phases, if possible), infrastructures, etc., which-
ever is applicable. X X
b. Sends Notice of Coverage (CARP Form No. 5) to
landowner concerned or his duly authorized
representative inviting him for a conference. X
c. Sends Invitation Letter (CARP Form No. 6) for
a conference/public hearing to prospective farmer-
beneficiaries, landowner representatives of BARC,
LBP, DENR, DA, NGOs, farmers' organizations and
other interested parties to discuss the following
matters: X X
Result of field investigation
Inputs to valuation
Issues raised
Comments/recommendations by all parties
concerned.
d. Prepares Summary of Minutes of the Conference/
public hearing to be guided by CARP Form No. 7. X X
e. Forwards the completed VOCF/CACF to the
Provincial Agrarian Reform Office (PARO) using
CARP Form No. 8 (Transmittal Memo to PARO). X X
PARO
1. Review, evaluates and validates the Field
Investigation Report and all pertinent forms
and documents contained in the VOCF/CACF
for completeness and consistency. Gathers
all the additional required documents not
available at the MARO level but may be
obtained at the PARO level. X X
2. If in order forwards completed VOCF/CACF to the
RARO using CARP Form N0. 9 (Transmittal Memo
to RARO). X X
D. RARO
1. Reviews the VOCF/CACF and supporting documents
for completeness and consistency, and if found
to be in order, approves and signs the Field
Investigation Report. X X
2. Prepares the Notice of Acquisition (CARP Form
No. 10 or 11 as the case may be) to be signed
by the Regional Director or in his absence,
by the duly designated official. Such notice
shall be forwarded to the landowner concerned
by personal delivery with proof of service
or registered mail with return card. X X
3. Forwards the VOCF/CACF to LBP through the
Regional Manager using a DAR Memorandum to
Value the land including improvements and
facilities, if any. (CARP Form No. 12) X X
E. LBP REGIONAL OFFICE
1. Reviews and evaluates the VOCF/CACF for
completeness, consistency and document
sufficiency; and thereafter determines the
Land Valuation in accordance with the
applicable guidelines. X X
2. Gathers additional documents needed for a
more appropriate land valuation. X X
3. Prepares the Claim Folder Profile and
Valuation Summary (CARP Form No. 13) and
forwards same to the proper approving officers
of the Bank. X X
4. Notifies the DAR of the valuation, through a
Memorandum of Valuation, enclosing a copy of
the approved Claim Folder Profile and
Valuation Summary (CARP Form No. 13). X X
F. RARO DTAESI
1. Prepares and issues the Notice of Land Valuation to
the landowner (CARP Form No. 13.1) together with
the Memorandum of Valuation from LBP and a copy
of the duly approved Claim Folder Profile and Valuation
Summary, copy furnished the LBP Regional Office.
At the same time a copy of this notice and memorandum
shall be posted for at least one (1) week in the
bulletin board at the provincial capitol, municipal
hall and the barangay hall concerned. X X
2. If the landowner accepts the offered price,
sends the Memorandum to LBP to prepare the Deed
of Transfer and to pay the landowner (CARP Form
No. 14) enclosing the landowner's letter of
acceptance. X X
3. If the landowner rejects the offered price or fails to
reply within thirty (30) days from receipt of the
Notice of Land Valuation, sends Memorandum to
LBP to open a Trust Account in the name of the land-
owner, (CARP Form No. 16), and advices the DARAB
through the Provincial Adjudicator, to conduct summary
administrative proceedings pursuant to DAR Administrative
Order No. 13 and Section 16 (d) of RA 6657. If the
landowner disagrees with the valuation as
determined by the DARAB through the Provincial
Adjudicator, he may file the appropriate
petition before the proper Court. X X
4. Upon receipt from LBP of the proof of the Trust
Deposit, transmits to the Register of Deeds the
Proof of Trust Deposit, owner's duplicate copy
of the title, (if available), and other
applicable supporting documents with the request
for the transfer of title of the acquired
property to the Republic of the Philippines.
(CARP Form No. 17). X X
G. DARAB through the Provincial Adjudicator
1. Upon receipt of advice from RARO, conducts
summary administrative proceedings. X X
2. Renders decision and informs parties
concerned of the same. X X
H. RARO
1. Fifteen (15) days after receipt of the
decision of DARAB fixing the valuation,
request the LBP to prepare the Deed of
Transfer (CARP Form No. 15) for the signature
of the landowner if he so accepts, other-
wise, request the LBP to adjust the trust
deposit to conform with the DARAB decision
and accordingly informs the landowner. In
the event the landowner signs the Deed of
Transfer, LBP should transmit a copy to the
Register of Deeds as additional support to
the transfer of title in favor of the
Republic of the Philippines. X X
I. REGISTER OF DEEDS (ROD) DCcTHa
1. Registers the Deed of Transfer (DOT) and
issues a new title in the name of the RP,
free from liens and encumbrances. X X
2. After registration, forwards the owner's
duplicate copy of title issued in the name
of RP, to LBP Field Office. X X
J. LBP
1. Prepares payment release order for the
payment to the landowner of the value of
the land compensation. X X
2. In case the land is encumbered, pays
the mortgagee-bank/creditor or establishes
a trust account in the name of the
mortgagee-bank if it refuses to accept LBP
bonds as payment. X X
3. After the landowner's compensation is paid,
forwards to RARO a xerox copy of the new
title in the name of the RP, together with
certified copy of the Deed of Transfer. X X
K. RARO
1. Forwards to PARO the certified copy of the
Deed of Transfer and the TCT, together with
the Memorandum of the Regional Director
instructing him to take over physical
possession of the land and proceed with the
distribution of the same in favor of the
qualified beneficiaries. X X
V
Transitory Provisions
All Voluntary Offers to Sell and Compulsory Acquisition transactions for which no valuation or payment has been made by the LBP as of the effectivity of this Order shall be subject to land valuation by the LBP pursuant to Executive Order No. 405 dated June 14, 1990. EcHaAC
VI
Amendment Clause
This Order amends DAR Administrative Order Nos. 12, 14 and 17, Series of 1989. All other issuances inconsistent herewith are hereby modified or repealed accordingly.
VII
Effectivity
This Order shall take effect ten (10) days after its publication in two (2) newspapers of general circulation pursuant to Section 49 of RA 6657.
Adopted: 30 Aug. 1990
(SGD.) BENJAMIN T. LEONG
Secretary