November 10, 2014

DAR MEMORANDUM CIRCULAR NO. 05-14

 

I. Prefatory Statement

Republic Act (RA) No. 6657, otherwise known as the Comprehensive Agrarian Reform Law (CARL), as amended by RA No. 9700, covers all agricultural land regardless of tenurial arrangement and commodity produced.

Section 6 of RA No. 6657, as amended, provides that original homestead grantees or their direct compulsory heirs who still own the original homestead as of June 15, 1988 shall retain the same areas as long as they continue to cultivate said homestead. Further, it provides that in all cases, the security of tenure of the farmers or farmworkers on the land prior to June 15, 1988 shall be respected.

Moreover, Section 22 (Qualified Beneficiaries), paragraph 2 of RA No. 6657, as amended, contains the following proviso:

"xxx xxx xxx

Provided, however, that the children of landowners who are qualified under Section 6 of this Act shall be given preference in the distribution of the land of their parents; And provided further, that actual tenant-tillers in the landholding shall not be ejected or removed therefrom". (Emphasis supplied)

In view of the continuing and evolving concerns in the implementation of CARP, this Memorandum Circular (MC) is being issued to clarify and provide uniform documentation procedures in the acquisition and distribution of agricultural land covered by Homestead Patents under the CARP. CHATcE

II. Applicability

This MC applies to agricultural landholdings (LHs) covered by Homestead Patents which were issued Notices of Coverage or Letters of Acceptance, as the case may be.

III. Definition of Terms

For the purpose of this MC, the following terms are defined:

1. Homestead — refers to a grant of public land to persons seeking to establish and maintain agricultural homes on condition of actual, continuous, and personal occupancy of the area as a home including cultivation and improvement of the land (as defined in the DENR's Manual for Land Disposition).

2. Homestead Patent (HP) — is Deed of Conveyance issued by the government of the Philippines pursuant to Commonwealth Act No. 141 to a qualified Philippines citizen, over 18 years of age or the head of a family, who is not the owner of more than twenty-four (24) hectares of land in the Philippines, or has not had the benefit of any gratuitous allotment of more than twenty-four (24) hectares of land since the occupation of the Philippines by the United States.

3. Original Grantee — is the person who applied for and was awarded a homestead patent of Original Certificate of Title (OCT) over a parcel of public agricultural land.

4. Direct Compulsory Heir — refers to the surviving spouse, or the children and descendants, or illegitimate children of the original homestead grantee. In the absence of all the foregoing persons, the surviving parents of the original homestead grantee shall be considered as direct compulsory heir.

IV. Guidelines

1. As a matter of policy, agricultural LHs covered by Homestead Patents (HPs) can be acquired under CARP if the same are voluntarily offered for sale to the government for the distribution to qualified farmer beneficiaries.

2. However, LHs covered by HP can be acquired under CARP through compulsory acquisition if:

2.1 the same is no longer owned or cultivated by the original grantee or his/her compulsory heirs; or

2.2 the landowner (LO) or original grantees have already died or can no longer be found, and the direct compulsory heirs are also found not to be cultivating the land, nor are interested in farming, or no one among the heirs of the LO/original grantee can be found. CaTSEA

3. To strengthen the documentation of the land acquisition process, the following documents are required:

3.1 For LHs covered with HPs, and the LO or the original homestead grantee is no longer occupying the area but is still alive and has compulsory heirs, the LO grantee shall execute an Affidavit that he/she is not in the area and is no longer interested in tilling the land, and that his/her heir/s is/are not cultivating the same (HP Form No. 1).

In the absence of the above, a Certification from the BARC or Barangay Chairperson that the LO or his compulsory heir/s is/are no longer in the area and/or not cultivating the land (HP Form No. 2) shall be needed.

3.2 For LHs with deceased LOs-Grantees with no known direct compulsory heirs:

1. Joint Affidavit of farmers that they are not related by blood to the LO-Grantee, and that they have been cultivating the area for a specific number of years (HP Affidavit Form No. 3); and

2. Certification from the BARC or Barangay Chairperson of their personal knowledge of the LO and the farmers presently tilling the land (HP Form No. 2).

3.3 For LHs with deceased LOs with known heirs:

1. Affidavit of Waiver of Rights of Heirs of Deceased LO-Grantee in Favor of tenant-Farmer/s (HP Form No. 4); and

2. Affidavit of Waiver of Rights of Heirs of Deceased LO-Grantee in Favor of Present Owner/Buyer (HP Form No. 5). ISTCHE

In the absence of the above, a Certification from the BARC or Barangay Chairperson that the heir/s of the deceased LO is/are not cultivating the land (HP Form No. 2) shall be required.

4. Thereafter, the land acquisition and distribution (LAD) process shall proceed pursuant to AO No. 7, Series of 2011, as amended, and other pertinent guidelines.

V. Suppletory Application

This MC supplements DAR MC No. 04, Series of 1991.

VI. Effectivity

This MC takes effect immediately.

Diliman, Quezon City November 10, 2014.

(SGD.) VIRGILIO R. DE LOS REYESSecretaryDepartment of Agrarian Reform

HP FORM NO. 1

Landowner's Affidavit

HP FORM NO. 2

Certification

HP FORM NO. 3

Affidavit of No Blood Relations

HP FORM NO. 4

Affidavit of Heir of Deceased LO-Grantee in Favor of Farmer/Farmworker

HP FORM NO. 5

Affidavit of Waiver of Rights of Heirs of Deceased LO-Grantee in Favor of Present Owner/Buyer