August 16, 2011
DAR MEMORANDUM CIRCULAR NO. 09-11
TO : All DAR Regional Directors
All Provincial Agrarian Reform Officers
All Municipal Agrarian Reform Officers
All Other DAR Officials And Employees Concerned
SUBJECT : Creation of Task Force Problematic Lands Addressing Land Acquisition and Distribution (LAD) Concerns and Related Issues on CARP Implementation
I. Prefatory Statement
Reports coming from the field indicate that the volume of claim folders (CFs) involved in issues and situations which have resulted in the cessation or suspension of the further processing thereof have reached alarming proportions. The landholdings (LHs) covered by these CFs are reported as being confronted or beset by various issues and situations or problems in general, and are hence commonly described as "problematic lands".
Many of the LHs in the list of problematic lands in various provinces have remained in the list, not moving or simply not progressing at an acceptable pace for various reasons.
II. Problematic Lands Defined
Problematic lands are landholdings covered by CARP, the acquisition and/or distribution of which has been temporarily stalled due to legal, technical/operational, and/or administrative issues which affect the program implementation. ITEcAD
III. Scope
This Memorandum Circular covers:
1. Lands characterized as problematic in the PARC EXECOM-approved CARPER LAD balance database; and
2. Lands which started as workable but which subsequently encountered problems during the Land Acquisition and Distribution (LAD) process.
IV. Procedure to Address the Specific Problems
There is an urgent need to revive the processing of such CFs at the level of the DAR Municipal Office (DARMO) and the DAR Provincial Office (DARPO), analyze and evaluate them anew, and address the specific problems besetting each landholding in order to move the LAD process and to complete the necessary documentation. Examples of these issues/situations which are perceived as problems are shown in the attached Annex "A", which includes a second column containing the suggested approaches/courses of action to address each specific problem.
For this purpose, the following steps shall be undertaken:
Within seven (7) days from the issuance of this Circular, the DARPO-Provincial Data Processing Center (PDPC)/Planning Monitoring Evaluation Unit (PMEU) shall generate the list of problematic lands from the database, forward the same to the DARMO and the Chief Agrarian Reform Program Officer (CARPO) for Operations concerned, and furnish copies thereof to the Regional Director and Assistant Secretary for Field Operations Office.
A. At the DARMO Level
1. The MARO conducts the actual inventory, validation, and review of the CFs and prepares a case brief for each not later than ten (10) days upon receipt of the generated list of problematic landholdings from the DARPO-PDPC/PMEU.
2. The MARO shall then forward the CF with case brief to the DARPO for review.
3. For landholdings tagged initially as workable that may turn out to be problematic, the MARO, within three (3) days from his determination that the landholding is problematic, shall prepare and submit a case brief to the PARO. TAacIE
B. At the DARPO Level
1. The DARPO Operations Division shall also conduct actual inventory, validation, and review of CFs pending at its level that are included in the list of problematic landholdings forwarded by the PDCP/PMEU, and shall prepare a case brief for each, not later than ten (10) days upon receipt of the said list, after which the CF with the corresponding case brief shall be submitted to the PARO for review.
2. The DARPO-PDPC/PMEU shall tag the newly-determined problematic landholdings as such in the LAD CARPER Balance Database.
3. A Provincial Task Force on Problematic Landholdings shall be immediately created, composed of the Provincial Agrarian Reform Officer (PARO) as head, with the CARPO for Operations, Quick Response Officer, a Chief of the Legal Division, and Civil Society Organizations (if present) representative/s in the area as members.
4. The Task Force shall review, analyze, and strategize each CF with case brief received from the MARO, the DARPO-CARPO for Operations, or the PARO. In connection therewith, the Task Force, through the PARO, is authorized to perform the following:
(a) Write communication-letters to concerned offices or persons for follow-up or referral;
(b) Request for documents from concerned offices or persons;
(c) Ask for legal opinion from the DAR Legal Affairs Office or any concerned office; DEHaAS
(d) Request the DARRO or the concerned office for the early resolution of the legal issues involving the LH concerned;
(e) Request for funds from the Undersecretary for Field Operations Office if the problem involves additional budget for reconstitution, amendment survey, documentation, etc.;
(f) Initiate dialogues or any applicable alternative dispute resolution mechanism;
(g) File in behalf of the Department appropriate cases before judicial or administrative agencies to move the LAD process;
(h) Activate the Provincial CARP Implementing Team; and
(i) Undertake any appropriate action within the power and authority of the DARPO as provided for in the rules, laws and Constitution.
5. After the review and analysis of the CFs by the Task Force, and in the event its finding is that the subject LH is workable, the PARO shall issue an Order directing the concerned official to proceed with the documentation thereof. On the other hand, if the finding is that the LH may now be considered as deductible pursuant to Section 10 of R.A. No. 6657, after proper investigation in accordance with DAR A.O. No. 13 Series of 1990, the same may therefore be excluded from the CARPER LAD Balance Database, in accordance with Memorandum Circular (M.C.) No. 8, Series of 2010.
6. The Task Force, after review and analysis of each CF, shall submit its status report on problematic lands to the Regional Director (RD) concerned using CARP LAD Form No. 64 attached hereto as Annex "B" on a monthly basis.
C. At the DAR Regional Office (DARRO) Level
1. The Regional Director (RD) shall instruct the Chief of Legal Division, thru the Assistant Regional Director for Operations (ARDO), to conduct a review of cases pending in the Regional Office and draft initial resolution for each case "submitted for resolution" within fifteen (15) days for comment/review of the RD or prepare memorandum why the case cannot yet be resolved. EacHCD
The ARDO shall submit a list of cases which have LAD implications to be prioritized for resolution. Such list shall be submitted monthly to the Undersecretary and Assistant Secretary for Field Operations as well as the Undersecretary and Assistant Secretary for Legal Affairs.
2. The RD shall instruct the CARPO for Operations concerned to facilitate actions on LHs which are workable and resolve operational issues promptly. If necessary, the RD and/or the CARPO may call on other agencies concerned for the resolution of the same.
3. The RD shall regularly monitor the performance of each Provincial Task Force on Problematic Lands within his/her jurisdiction. The RD, if necessary, may create Special Action Teams to assist any Provincial Task Force in the resolution of issues arising from processing of CFs of problematic lands.
4. The RD shall periodically inform the Undersecretary for Field Operations and Undersecretary for Legal Affairs of the status of the problematic lands at both the DARPO and DARRO levels.
D. At the DAR Central Office (DARCO) Level
1. A National Task Force on Problematic Landholdings (National Task Force) shall be created, composed of the Undersecretary and Assistant Secretary for Legal Affairs (LAO), Undersecretary and Assistant Secretary for Field Operations (FOO), Chiefs of Staff of the said Offices, representatives from the Office of the Secretary, and a representative of Civil Society Organizations working on agrarian reform issues. The National Task Force shall be co-chaired by the Undersecretaries of Field Operations and Legal Affairs Office.
2. The National Task Force shall regularly review the status of pending cases in the DARCO level which have LAD implications, as well as those CFs referred to it involving problematic lands.
3. The Undersecretary for Legal Affairs shall instruct the Director of the Bureau of Agrarian Legal Assistance to resolve the cases identified with LAD implications and/or are high impact in nature in accordance with the guidelines on flashpoint cases.
4. The Undersecretary for Field Operations shall also instruct the Directors of Bureau of Land Acquisition and Distribution and Bureau of Land Development to implement actions strategized by the National Task Force on the problematic LHs referred to or which are pending before the DARCO. If necessary, the said Undersecretary or Directors may call on other concerned agencies for the resolution of the same. TSIDEa
V. Budget for the Task Force
The expenses of the Provincial Task Force in the performance of its functions shall be charged to the DARPO concerned, while the expenses of the National Task Force in the performance of its functions shall be borne by the Office of the Secretary.
VI. Monitoring and Reporting
The PARO shall submit regular monthly reports to the Regional Director and furnish a copy thereof to the Assistant Secretary for Field Operations on the CFs which have been completely processed, documented, and transmitted to other offices, as well as on those which are in the process of documentation at the DARPO level.
The PDPC/PMEU shall tag the problematic landholdings that have been transformed into workable in the database and print computer-generated monthly reports for the members of the concerned Provincial Task Force on Problematic Landholdings.
The Regional Director shall be responsible for the monitoring and reporting on the status of problematic lands within the region, and shall submit a monthly report to the Undersecretaries for FOO and LAO on or before the 10th day of the ensuing month.
The report shall include problematic landholdings which have been transformed into workable or LHs which have been determined to be deductible under the procedures defined in M.C. No. 8, Series of 2010.
The Office of the Secretary, through the Undersecretaries of FOO and LAO, shall monitor and act on any of the problematic cases pending before the DARCO in a manner consistent with the prevailing laws and jurisprudence.
VII. Repealing Clause
This Memorandum Circular modifies or repeals all issuances or portions thereof that are inconsistent herewith. aAEIHC
VIII. Effectivity Clause
This Memorandum Circular shall take effect immediately.
Diliman, Quezon City, August 16, 2011.
(SGD.) VIRGILIO R. DE LOS REYES
Secretary
ANNEX A
List of Problems, Issues and Concerns
Nature/Description Courses of Action
On Technical And Operational Issues:
1. Defective technical description a. Secure the correct Technical Description
(T.D.) (Polygon does not close) in the ASP from DENR-LMS or from
the LRA records of land registration
(LRA vault).
b. If the foregoing documents are not
available, refer to the TDs appearing in
the preceding TCTs up to the OCT.
c. If still uncertain, refer to the Official
Gazette's Notice of Initial Hearing which
contains the complete T.D.
d. If above option is not feasible,
reconstruct TD based on common lines
of adjoining lots of the subject property
and proceed to resurvey based DENR
guidelines.
2. Discrepancy in the area between • For untitled private agricultural lands
isolated survey T.D. and the (UPAL), adopt the area appearing in the
Cadastral Survey T.D. Cadastral T.D.
• For titled property, adopt the area
appearing in the T.D. of the title. In case
of discrepancy, proceed with judicial
correction of discrepancy.
(note: for further comment of DENR)
3. Property decreed but titling not • DAR (BLD) to coordinate with the LRA
perfected Central Office and with the LO, if
possible, for the issuance of a copy of
the decree or the generation of a new
decree for registration as OCT in the
ROD concerned.
4. Titled Property within
Timberland (TL)
a. Case I — Land was classified a. Case I — The title is void ab-initio.
as TL before judicial titling Discontinue coverage and indorse the
LH to the DENR for possible coverage
under stewardship system. TIAEac
b. Case IA — Land was classified b. Case IA — Make representations with
as TL before administrative the DENR for the formal classification
titling (land patent issued by of the area as A&D. Suspend LAD
DENR) process until DENR acts positively on
DAR representations.
c. Case II — Land was unclassified c. Case II — Indorse the case to the DAR
public land when title was issued LAO to formally petition the DENR to
and later was classified as TL declare the land as A&D considering the
fact that the land was unclassified public
land at the time of land registration and
the judgment for registration was
rendered despite government (DENR)
opposition. Suspend LAD process in the
meantime.
d. Case III — Land was titled d. Case III — Petition the DENR to
when the area was unclassified classify the area as A&D as in case II.
public land and remains as such Suspend LAD process in the meantime.
up to the present.
5. Administratively titled property to a • The rule is that the title issued earlier
person and subsequently titled should prevail; therefore, DAR should to
judicially to another person or vice versa. cover the property under the earlier title
and make representations with the
OSG for the cancellation of the title
issued later.
6. Titles with graphical T.D. • Avail of the DENR procedure to convert
the graphical to numerical TD.
• In case the discrepancy between the
areas in the graphical description and
numerical TD is relatively small, make
representations with ROD to incorporate
the numerical TD in the title. In case of
ROD refusal, file the proper petition in
court for incorporation of the numerical
TD in the title.
7. Title describes property only as • Cause a Resurvey of the titled property
Lot No. and Survey Project No. pursuant to DENR rules.
but survey records in the DENR-
LMS are lost or destroyed during the
last world war.
8. Other agencies questioning DAR's • DAR has the exclusive authority to
selection of ARBs. screen, select, identify and determine
who are qualified ARBs pursuant to
Sec. 15 and 16A of R.A. 6657 and
Supreme Court Ruling on Manuel vs.
DARAB (G.R. No. 149095 — 24 July
2007)
9. Area in ASP differs from area • For minor discrepancies, the Chief,
in the title Surveys Division of the LRA or the
Chief, Surveys Division of the DENR-
LMS will certify on the survey plan
which was verified and approved by
their respective offices as to the correct
area of the landholding, pursuant to
LRA Circular No. 99-07, Series of 1999.
• For major discrepancies in area,
correction thru judicial proceedings is
advised. aHSTID
10. Actual land use of portions of • The particular portion should be
the LH is not devoted to agriculture segregated thru a survey and excluded
(e.g., chapel site, airport site, and from distribution except facilities
roads, irrigation canals, etc. integral to plantation lands.
introduced by the government)
11. Titled land has been reverted back to • Discontinue the LAD process. DENR
classification as TL from A & D. can be expected to file expropriation
proceedings if it has not yet done so to
compensate the LO properly.
12. Multiple claimants to an untitled • Not coverable because of existence of
property. adverse claim. (DENR-DAR Joint
Memorandum Circular No. 2003-1, S.
2003)
13. The survey returns of the Cadastral • A GE from DAR or any private GE can
survey is under verification and prepare an Advance Survey Plan (AdSP)
pending approval in the DENR-LMS. of the lot being covered under CARP
and have the AS plan approved ahead of
the approval of the Cadastral survey
returns. DIcTEC
14. LH under cadastral hearing/ • If the cadastral court decides the
proceeding in progress property to be private then, proceed to
cover the land under CARP, otherwise,
if decided as public land then, it will be
under DENR jurisdiction. PARO shall
write a letter to the Court that the land is
under coverage of the CARP and
immediate resolution is requested. DAR
and DENR may conduct joint survey
and process the ASP. FBID can also be
done to anticipate the decision of the
Court. (note: The LH cannot be covered
as UPAL in view of the court's decision
that it is public land.)
15. LH inside a cadastrally surveyed • Go over the alphabetical list of survey
municipality or city without any claimants covering the barangay where
indication of Lot no. or Survey no. the LH is situated and look for the name
in the Tax Declaration of the Tax declarant and corresponding
Cadastral Lot no.
16. During the Cadastral survey • Secure written acknowledgement from
conducted by the DENR after 1972 the supposed tenants that the original
the LHs of certain LO's were surveyed LO is the true owner of the LH.
in the names of individual tenants who
were listed down as the individual lot • If the supposed tenants refuse to
owners pursuant to PD 27's mandate acknowledge ownership of the original
that the tenants are deemed owners of LO, secure a copy of the ASP in the
their tenanted portions. name of the original LO, supported by a
certification from the DENR-LMS that
the lots in the names of supposed
tenants are within the ASP in the name
of the original LO.
• If the LH of the original LO is
unsurveyed, then the claim of the
original LO can be supported by the
aggregate/total area of the supposed
individual tenants' claim compared to the
area indicated in the tax declaration of
the original LO. The total tenanted area
and the area as shown in the tax
declaration should, more or less, tally.
17. Survey Authority being required • Survey Authority not necessary pursuant
by DENR for KKK-NLSF and other to Section II-D, Joint DAR-DENR
proclaimed areas transferred by Memorandum Circular No. 9, Series of
other agencies to the DAR for 1995.
distribution under CARP pursuant
to EO 448, S. 1991.
On Legal Issues:
1. Protest on Coverage • Proceed with LAD unless there is an
Order of Suspension issued by DAR
2. Petition for Exemption/Exclusion Secretary/RD or TRO issued by
from Coverage Supreme Court.
3. Conflict of Ownership over
Titled LH
Case I — if the property involved • Case I — Proceed with LAD but both
exceeds the retention limit parties should be furnished with all
forms and notices. aCcADT
Case II — If the property does not • Discontinue coverage
exceed the LO's retention limit
4. In the documentation of UPALs, the • In the absence of documentary proof of
LO/claimant is unable to present ownership, LO/claimant shall execute an
documentary proof of how Ownership Affidavit stating the length of time of his
was acquired (e.g., deed of sale, deed possession of the property in the
of donation, inheritance, and other concept of an owner, to include that of
instruments of acquisition) his predecessor/s-in-interest.
5. Properties involved in court cases, • Continue coverage of LH but
e.g., titles used as bail bonds, titles cancellation of the annotations on the
with lis pendens; etc. title (as bail bonds or with lis pendens)
is an LBP requirement for Final payment
to the LO.
6. Lost/missing/destroyed original copy of File petition/application for
the certificate of title on file at reconstitution by judicial or
the ROD administrative proceedings whichever is
applicable. Thereafter, present to LBP
copy of petition for reconstitution
stamped received by the Court or by the
Administrative body to enable LBP to
proceed with the processing of CF.
7. Lost/missing/destroyed Owners File petition/application for the issuance
duplicate certificate of title of another Owners duplicate certificate
of title in the proper court. (LBP
requires LO surrendering ODC before it
makes final payment.)
8. LH subject of VOS but LO died after Advise the heirs of LO in writing to
June 15, 1988 and the heirs refuse to settle the Estate Inheritance Tax and
pay estate inheritance tax, hence the thereafter to register the Extra Judicial
Extra Judicial Settlement (EJS) Settlement (EJS) and inform DAR
cannot be registered. within a reasonable time otherwise,
DAR will shift from VOS to CA to
ensure continuity of processing.
On Administrative Issues
1. LO's resistance to CARP coverage of their Proceed with coverage of the property
properties unless restrained by the Judiciary or by
an Administrative body.
2. Cases filed against DAR personnel Provide financial and legal assistance to
implementing CARP concerned DAR personnel.
3. Name of the LO per title differs from the Proceed coverage of the property in the
Tax Declaration. The present title holder name of the LO per title. Change in the
didn't cause the transfer of the tax name of Tax Declaration will be a
declaration in his/her name. Change in payment requirement.
the name of the tax declarant need to
undergo the process under AO# 186 of
BIR which is to request Certificate
Authorizing Registration (CAR).
4. Coverage is stalled as Land Use per tax Secure history of issuances and
declaration is pasture land. cancellations of the tax declaration to
determine its land use. If the change in
land use per tax declaration was after
June 1988, and the actual use is still
agricultural, proceed with the coverage
of the property. THADEI
ANNEX B
