Amended List of Requirements for Land Transfer Processing and Payment of Landholdings Subjected to Operation Land Transfer

November 18, 2009

DAR-LBP JOINT MEMORANDUM CIRCULAR NO. 16-09

 

In order to facilitate the processing and payment of landowner's claim whose landholdings were placed under Operation Land Transfer pursuant to PD 27 and EO 228, the following are hereby issued:

I. List of Pre-Processing Requirements for PD 27 and EO 228 OLT Lands Distributed But Not Yet Documented (DNYD):

For Titled Properties:

			Requirements	Agency/Office
				Responsible
	Certificate of Title
A.	1.	Certified ROD's copy of the landowner's (LO) Title.	DAR/ROD
		In case ROD's copy is lost or destroyed, DAR to file Petition for
		Reconstitution. A copy of the Petition for Reconstitution shall
		be attached to the claim folder.
	2.	If Original Owner's Duplicate Copy of Title (ODC) is available,	DAR/Landowner
		require LO to surrender the owner's ODC.
		In case of loss of the original ODC of Title:
		a)	Certification of Loss by ROD, if original ODC was lost by	ROD/DAR
			ROD;
		b)	Affidavit of Loss by DAR, if original ODC was lost by DAR;	DAR
		c)	Affidavit of Loss by LO, if original ODC was lost by LO.	LO/DAR
	Emancipation Patent
B.	In case Emancipation Patent (EP) is annotated in the ROD's copy:
	Certified ROD's copy of the LO's title where Emancipation Patents	DAR/ROD
	are annotated, with certification from the ROD that the same is/are
	free from all liens and encumbrances.
	In case Emancipation Patent is NOT annotated:
		a)	Require annotation of EP in the ROD's copy;	DAR/ROD
		b)	Certified ROD's copy of the LO's title where EPs are already	DAR/ROD
			annotated, with certification from the ROD that the same
			is/are free from all liens and encumbrances.
	3.	Require cancellation if there are annotations in the ROD's copy,	DAR/ROD
		such as:
		a)	Section 4, Rule 74;
		b)	Section 7 of RA 26;
		c)	Adverse claim and other similar annotations.
C.	Certified copy of Approved Survey Plan (ASP). In case ASP cannot	DAR
	be located or reconstructed, DAR-BLD to:
	1.	If totally covered, verify Technical Description of EPs with the
		Technical Description of the mother title. If with adverse
		findings, require resurvey.
	2.	If partially covered, require resurvey/segregation.
D.	Certified copy of Approved Land Production Report by the Barangay	DAR
	Committee on Land Production (BCLP).
E.	Land Valuation Summary & Farmer's Undertaking (LVS-FU) or
	Landowner-Tenant Production Agreement & Farmer's Undertaking	DAR
	(LTPA-FU), duly signed by Regional Director prior to August 18,
	1987.
F.	MARO Certification that the land is tenanted as of October 21, 1972	DAR
	and that it is primarily devoted to rice and/or corn production.
G.	Certified copy of Tax Declaration and Real Estate Tax Clearance (if	DAR
	fully-paid) or Statement of Realty Tax Delinquency (if not yet fully-
	paid):
	1.	Basic and SEF
		a)	1972 and prior years (those tenanted prior to 1972);
		b)	From date of Order of Placement and prior years (those
			tenanted after 1972).
	2.	Certification containing Title No. and Lot No. (so that it can be
		traced to the property)
	3.	Must be signed by the Municipal/City Treasurer where property
		is located.
H.	DAR Order of Payment.	DAR
I.	Landowner's Acknowledgment or Validation of Lease Rental Paid	DAR/Landowner
	after October 21, 1972, if applicable.
J.	Order of Placement for landholdings tenanted after October 21,	DAR
	1972, if applicable.
K.	Ocular Inspection Report — For landholdings located in	DAR
	Maguindanao and Lanao del Sur.

For Untitled Properties: TSIaAc

	Requirements	Agency/Person
		Responsible
1.	Certification of the DENR-CENRO or Regional Technical Director,	DAR
	Lands Management Service, pursuant to DAR-DENR-LBP Joint
	Memorandum Circular No. 12, S. of 1994, Joint DENR-DAR
	Administrative Order No. 2003-1 and applicable rules and regulations;
2.	Approved Survey Plan (ASP). If ASP is not available, Sketch Plan	DAR
	and Technical Description duly approved by DENR;
3.	Certified copy of the present Tax Declaration from the Assessor's	DAR
	file in the name of the claimant with correct lot numbers and area
	per approved plan;
4.	Instruments of acquisition covering the subject property, such as	Landowner/DAR
	deeds of sale, donation, transfer, etc. in favor of claimant and those of
	his predecessor/s-in-interest. In the absence of said documents, the
	landholding shall be documented under VLT/DPS.
5.	Certification of the Assessor concerned showing the Tax Declaration	DAR
	issued, the declarant/s, the area covered and the basis for the issuances
	and cancellations thereof pertaining to the property/properties from the
	first declaration up to the Tax Declaration issued in the name of the
	claimant, as well as any existing liens on the present and previous Tax
	Declaration;
6.	Certification of the Clerk of Court concerned whether or not the	DAR
	property/properties identified in the plan is/are covered by land
	registration proceedings or civil case and if the same is used as bond
	or bail in other court actions;
7.	Certification from the Assessor's Office concerned to the effect that	DAR
	as per their records, the property/ies as appearing in the approved
	survey plan is/are free from all liens and encumbrances; and
8.	LRA Certification that the property is not within any decreed or	DAR
	titled property.
9.	Proof of Posting of Cautionary Notice and Investigation Report of	LBP
	LBP Agrarian Operations Center.

For Transfer Action Cases:

	Requirements	Agency/Person
		Responsible
1.	Land Valuation Summary & Farmer's Undertaking of the new FB	DAR
	(LVS-FU) with DAR Certification as to the relationship of the former
	FB to the new allocatee and/or Actual Tiller's Deed of Undertaking
	(ATDU) executed by the new allocatee.

 

 

II. Requirements for Lands Already Finally Surveyed Previously Documented Per Parcellary Map Sketch (PMS), Where Claim Folders (CFs) are with Land Bank (Subject of Final Survey Adjustment Processing by the Land Tenure Documentation Division-BLAD)

 

	Requirements	Agency/Office
					Responsible
1.	Two (2) certified blueprint copies of Approved Survey Plan	DAR
2.	Two (2) certified copies of Narrative Technical Description of all	DAR
	untransferred/untenanted lots appearing in the Approved Survey Plan.
3.	Land Valuation Summary and Farmer's Undertaking (LVS-FU) for:	DAR/FB
		a)	new/additional lot;
		b)	new FB/transferee;
		c)	FB whose area in ASP has increased by more than 10% of his
			area in the PMS;
4.	Masterlist of FBs per approved survey plan with the corresponding	DAR
	lot equivalent per PMS
5.	Masterlist of EP Titles issued to FBs	DAR
6.	Other documents whenever applicable:
		a)	Order of Placement for farmlots tenanted after October	DAR
			21, 1972;
		b)	List of FBs who opted for Direct Payment Scheme;	DAR
		c)	In case of transfer of tenancy:
			c.1	Certification as to the relationship of the new allocatee	DAR
				to the former FB;
			c.2	Regional Order affirming the transfer	DAR

III. List of Basic Requirements for Payment for PD 27 and EO 228 OLT Lands Distributed But Not Yet Paid (DNYP) cHDAIS

		Requirements	Agency/Office/Person
				Responsible
	Final Survey Documents
A.	1.	No Final Survey document
		Certified copy of Approved Survey Plan (ASP). In case ASP	DAR
		cannot be located or reconstructed, DAR to verify Technical
		Description of EPs with mother title if totally covered. If Partially
		covered, require re-survey/segregation.
	2.	With Final Survey document
		a)	Certified copy of Emancipation Patent, OR;	DAR
		b)	List of Emancipation Patents	DAR
	Landowner's Copy of Title
B.	Surrender of Original Owner's Duplicate Copy (ODC) of title;	LO
	In case of Loss of original ODC of title:
		a)	Certification of Loss by ROD, if original ODC was lost by	DAR/ROD
			ROD;
		b)	Affidavit of Loss by DAR, if original ODC was lost by DAR;	DAR
		c)	Affidavit of Loss by Landowner, if original ODC was lost	LO
			by LO.
C.	ROD's certified copy of title free from all liens and encumbrances	ROD
	where all EPs are annotated.
D.	Execution, notarization and submission of the Deed of Assignment,	LBP/Landowner
	Warranties and Undertaking (form to be furnished by the LBP).
E.	Certified copy of Tax Declaration and Real Estate Tax Clearance (if	DAR/LO
	fully paid) or Statement of Realty Tax Delinquency (if not yet fully
	paid).
	1.	Basic and SEF
		a)	1972 and prior years (those tenanted prior to 1972);
		b)	From date of Order of Placement and prior years (those tenanted
			after 1972).
	2.	Certification containing title number and lot number (so that it can
		be traced to the property)
	3.	Must be signed by the Municipal/City Treasurer where property
		is located.
F.	Verification of the Technical description appearing in the title	LBP
	vs. Approved Survey Plan.
	1.	If title emanated from patent — Land Management Bureau;
	2.	If title emanated from Decree — Land Registration Authority.

 

 

VI. Guidelines on Specific Problems, Issues on OLT-DNYP Landholdings

 

	Issues & Concerns		Agreements
1.	Lots identified as untenanted or owner-	a)	Tenanted/OLT-covered lots in the Final
	cultivated in the Parcellary Map Sketch		Survey shall be treated/documented as
	(PMS) are documented as tenanted/OLT-		additional claim. Valuation by DAR shall
	covered lots in the Final Survey.		be based on the original valuation.
			b)	All claim folders with Final Survey of
				OLT-covered lands for transmittal to LBP
				shall be endorsed by/coursed thru the
				Bureau of Land Acquisition & Distribution
				(BLAD), DAR Central Office.
			c)	OLT lots awaiting final survey
				documentation must be forwarded to
				BLAD within the year (2009).
				1.	DAR Provincial Agrarian Reform
					Officers shall submit action plan to
					reconcile survey against the actual
					occupant and area.
2.	Total area of farmlots awarded to FBs	a)	If there are two (2) or more farmlots
	exceeded the maximum limit for transfer.		awarded to FBs whose total area exceeded
				the allowable limit, re-allocation shall be
				undertaken immediately and
				simultaneously, identify the allocatee of the
				excess area and forward reallocation
				documents to LBP through BLAD.
				•	Excess may be allowed/considered if
					within the allowable farmlot area (3.30
					hectares for irrigated and 5.5 hectares
					for un-irrigated land);
				•	DAR-BLAD shall determine which lot
					to exclude and shall initiate/effect
					cancellation of EP.
				•	DAR to inform LBP on the cancellation
					of EP considered as excess area.
				•	For CFs pending with LBP, the bank
					shall inform/communicate with the
					DAR-BLAD.
				•	DAR to inform LBP the new FB
					allocatee on the excess area and to
					conduct free survey. LBP to proceed
					with the processing of the claim.
			b)	For homelots: Maximum area for LBP
				financing is 1,000 sq. m. The excess, if
				any, shall be treated/considered as private
				transaction between the LO and FB.
3.	Two or more titles of the same		DAR shall not consolidate to avoid problems
	landowner are consolidated under one		on splitting.
	Approved Survey Plan (ASP) Final Survey.
			Claims with consolidated Approved Final
			Survey Plan shall be considered, provided:
			a)	Fully acquired, or;
			b)	Total area of the two or more titles will
				tally with the total area of lots plotted in
				the ASP/Final survey.
			BLAD-DAR shall submit to LBP the
			Narrative Technical Description of all
			untransferred portion certified by DENR-LMS
			and/or DAR/geodetic engineer.
4.	Titles of different landowners are	In case two or more titles of different
	consolidated under one ASP/Final Survey.	landowners are consolidated under one
			ASP/Final Survey, DAR shall delineate the
			boundaries of the titles in the ASP and shall
			indicate the area per title to be supported by
			Technical Description of all lots covered by
			each title.
5.	The relationship of the new allocatee to	DAR shall indicate the existence of the
	the previous tenant is not indicated in the	relationship in the Investigation Report or
	Claims Profile.	issue a Certification to establish if the lease
			rentals paid by the previous FB shall be
			credited or not in favor of the new
			FB/allocatee.
			For claims pending with LBP, LBP to request
			BLAD-DAR for issuance of Certification.
6.	Approved subdivisions which are the	LBP shall return the claim folder/final survey
	basis of the sold portion/s and issuance	documents to BLAD-DAR if such annotations
	of new titles annotated on the title/s	in the title are not delineated in the final
	are not considered prior to the final	survey plan.
	survey.
7.	There are Register of Deeds (Tarlac and	Two (2) certified blueprint copies of
	Nueva Ecija) that require Sepia (white)	Approved Survey Plan may be submitted.
	copy of the subdivision plan.
8.	Narrative technical description for	Narrative technical description for
	untransferred lots are not attached to the	untransferred portion is required and shall be
	final survey documents.	attached to the final survey documents to be
			submitted to BLAD.
9.	PD 27 claims where the Emancipation	Effective immediately, DAR shall indicate the
	Patent (EP) is not indicated in the claims	particulars of the EP in the OLT Claims
	profile.	Profile.
10.	Landholding is fully transferred/covered
	by OLT, but:
	a)	Has not been paid by LBP (whose	EPs should immediately be annotated at the
		LO's title is not cancelled);	back of the original copy of the title on file
			with ROD upon certification that EPs have
			been generated and registered covering the
			landholding fully distributed under PD 27.
	b)	Has been partially paid (EPs were not	EPs must be annotated at the back of the LO's
		annotated at the back of the Title).	Title (original ROD's copy).
11.	Landholding partially covered/transferred
	with untransferred portion, but:
	a)	Has not been paid by LBP (EPs were	EPs must be annotated at the back of the Title
		not annotated at the back of the Title);	(original ROD's copy).
	b)	Has been partially paid by LBP.	DAR Municipal Agrarian Reform Officer
			(MARO) should initiate segregation of the
			untenanted from the tenanted portion by
			submitting to LBP through BLAD-DAR two
			(2) certified copies of the Approved Survey
			Plan (ASP) and shall submit certification that
			the survey was conducted in the presence of
			the LO and the tenant/s with corresponding
			request for splitting of title.
12.	ARBs feel that they have fully paid the	Document under DAR Memo Circular 11, S.
	land amortization through payment of	of 1994.
	lease rentals as advance amortization.
13.	Transfer of title to other landowner,	Re-document Claim Folder in the name of the
	mortgage/foreclosure after coverage or	new owner/mortgagee-bank.
	non-consolidation of titles by foreclosing
	banks.
14.	Distributed lots already eroded/non-	If eroded portion is already with EPs, LBP
	productive/non-recoverable during	shall compensate the LO for the area covered
	documentation.	and awarded. If not part, the same shall not be
			compensated.
15.	Area distributed is within danger zone as	LBP shall compensate the LO.
	certified by PHIVOLCS.
16.	Open polygon	Research technical description or common
			boundaries of adjoining lots covered by
			approved surveys.
17.	Technical errors in ASP
	a)	Actual lots of FBs do not tally with	New ASP reflecting the actual occupation
		TD of title in terms of location or area;	based on consolidation and resurvey of the
			existing TD of the lots issued with EPs.
	b)	Overlapping with adjacent lots;	The contested portion shall not be paid until
			the right claimant is determined. The
			uncontested portion shall be paid.
	c)	Erroneous prefix in survey (BSD,	Amendment of the survey plan to reflect the
		CSD, PSU, PSD, etc.);	correct survey symbol. Cancellation of the
			OCT-EP and generation of new TCT-EP
			through DARAB procedure.
	d)	Survey approved for DAR	Cancellation of the LO's new survey by the
		subsequently replaced by new survey	LMS on the basis of the issued EPs.
	e)	No survey reference;	Research from the DENR records.
	f)	Lot identified is covered by different	If same owner, re-document the CF based on
		title, ASP;	the actual title.
18.	Refusal of the Assessor to issue new Tax	DAR to request for the Statement of Arrears
	Declaration/Tax Certification due to non-	by the Assessor; LBP to set aside portion of
	payment of arrears prior to 1972	LO's compensation for payment of the arrears.
19.	LO refuses to acknowledge lease rentals	Process claim under DAR M.C. 11, S. of 1994
20.	LO/Heirs can no longer be located due to	Publish required documentation to satisfy due
	death, unknown address, migration, others	process
21.	Land is not yet classified as alienable and	Shift coverage to OLT/DPS.
	disposable as of 4 December 1972
22.	Pending case (protest on coverage,	Await resolution of the case/protest.
	exemption, retention, tenancy disputes,
	adverse claims/ownership disputes
23.	Jurisdictional issue with NCIP	Determine applicability of Section 56 of IPRA
24.	With Order of exemption declaring the	If there is an Order by DAR Regional Director
	land outside PD 27 coverage	approving the exemption from OLT coverage
			or retention of property, LBP shall return the
			claim folder and the final survey documents to
			BLAD-DAR and cancel EP.
25.	Others		Documents related to OLT claims from DAR
			Field Offices shall be referred to BLAD-DAR
			for reevaluation and subsequent endorsement
			to LBP.

V. Whenever Applicable, Additional Documentary Requirements for the Release of Payment: EAcCHI

	Requirements	Agency/Person
					Responsible
1.	Landowner is Deceased
	a)	For Extra-Judicial Settlement of Estate (EJS)
		a.1	EJS duly signed by all the heirs of the deceased landowner	Heirs of the LO
			duly stamped "RECEIVED" by entry clerk in the ROD;
		a.2	Heirs bond in favor of LBP in behalf of the government	Heirs of the LO
			effective for two (2) years from the date of the registration
			of the EJS with the ROD.
	b)	For Judicial Settlement of Estate
		b.1	Special proceedings not yet terminated
			b.1.1	Authentic/authenticated copy of letters	Executor/
				testamentary/letters of administrations issued by	Administrator
				competent court in favor of a particular person who
				will act as Executor/Administrator of the estate of the
				deceased.
			b.1.2	Authentic/authenticated copy of Oath of Office of the	Executor/
				Executor/Administrator.	Administrator
			b.1.3	Authentic/authenticated copy of Court Authority for	Executor/
				the Executor/Administrator to transfer subject property	Administrator
				pursuant to PD 27/EO 228 to sign land transfer
				documents, to receive payments in Cash and Bonds,
				to encash checks, trade bonds, etc.
		b.2	Special Proceedings already terminated
			b.2.1	Authentic/authenticated copy of the Project of	Heirs of LO
				Partition executed by the heirs.
			b.2.2	Certified true copy of the Order of the Court	Heirs of LO
				approving the Project of Partition.
			b.2.3	Certification from the Clerk of Court that said Order	Heirs of LO
				is already final and executory.
			b.2.4	Registration with ROD of Project of Partition or	Heirs of LO
				Annotation of the same on the subject title.
			b.2.5	Copy of Will of the deceased, in case of testate	Heirs of LO
				settlement of estate.
2.	Landowner is Minor/Incompetent (Claim is more than PhP50,000.00)
	a)	Letters of Guardianship from a competent court;	Judicial Guardian
	b)	Oath of Office of Judicial Guardian	Judicial Guardian
	c)	Court Authority for the Guardian to dispose subject property,	Judicial Guardian
		sign documents, receive payments, etc.
	d)	Specimen Signature Card of the Guardian.	Judicial Guardian/
					LBP
3.	Landowner is a Corporation or Partnership
	a)	Articles of Corporation and By-Laws of the Corporation or	Landowner
		Partnership with Certificate of Registration/Articles of
		Partnership Agreement.
	b)	Updated General Information Sheet of the Corporation duly	Landowner
		stamped "RECEIVED" by the SEC.
	c)	Notarized Secretary's Certificate containing Board Resolution	Landowner
		which authorizes company's representative to dispose of the
		subject property, to sign related documents, to receive payment
		in cash and in bonds, to trade bonds, etc.
	d)	Specimen Signature Cards of the President, Corporate Secretary,	Landowner
		and authorized representative duly authenticated by LBP.
4.	Title is Mortgaged
	a)	Updated Statement of Account from Creditor/Mortgagee	Mortgagee Bank,
		Bank with computation of daily interest and penalty, with the	LBP, Landowner
		amount of Cash and AR Bonds they are willing to accept to
		release property from mortgage;
	b)	Undertaking from the Mortgagee bank that it shall release the	Mortgage Bank,
		ODC of title free from mortgage within 30 days from receipt of	LBP, Landowner
		payments from LBP; and
	c)	Registration of Release of Mortgage and annotation on the	Mortgage Bank,
		LO's title and EP title, if applicable	ROD, Landowner
5.	Title is Foreclosed
	a)	Landowner as Payee-Deed of Redemption from mortgagee	Landowner
		duly registered and annotated on the Title.
	b)	Mortgagee/Buyer as Payee — Sheriff's Certificate of Sale duly	Mortgagee/Buyer
		registered with ROD.

If there are cases that do not fall squarely on the above category which the Agrarian Operation Center of the Land Bank of the Philippines requires policy issuance, the Provincial Agrarian Reform Officer (PARO) is required to elevate the matter to the DAR Central Office, through the BLAD.

This Joint Memorandum Circular takes effect immediately.

Metro Manila, November 18, 2009.

(SGD.) NASSER C. PANGANDAMANSecretary, Department of Agrarian Reform

(SGD.) GILDA E. PICOPresident, Land Bank of the Philippines