Operating Procedures in the Documentation and Payment of Land Transfer Claims under PD No. 27/EO No. 228

OFFICE AGENCY/PERSON RESPONSIBLE

ACTIVITY

DOCUMENTS/FORMS REQUIRED

1.    DAR Municipal Office (DARMO) or DARPO-designated Personnel

1.  Prepare the Land Transfer Claim Folder (LTCF) per landholding based on the identified landholdings (LHs) covered under Presidential Decree (PD) No. 27/Executive Order (EO) No. 228 that are listed under the CARPER Land Acquisition and Distribution (LAD) Database.

1.1 Determine whether the LH is covered by registered Emancipation Patents (EP/s) based on the Emancipation Patent-Information System (EP-IS) list from DAR-Management Information System Service (MISS).

1.2 Gather the basic documents required/needed as listed in OLT Annex "A".

1.2.1 In case the LH is covered by registered EP/s, include in the CF the certified copy of each of registered EP/s by the Register of Deeds (ROD).

1.2.2 In the absence of registered EP/s for the awarded lots, secure from the ROD a certification to that effect.

2. If LH is covered by a Landowner-Tenant Production Agreement (LTPA), gather and include the same in the LTCF.

3.  Accomplish the Land Valuation Summary and Farmer's Undertaking (LVSFU) and undertake the following:

3.1 Indicate in the LVSFU the following: name of the farmer beneficiaries (FBs); EP Title No/s. and Date of EP Registration, if any; Lot/Survey No.; area awarded/transferred; land category; average gross production (AGP) (cav/ha) based on Barangay Committee on Land Production/Landowner-Tenant Production Agreement (BCLP/LTPA); gross land value computed pursuant to PD No. 27/EO No. 228 formula; lease rentals paid by FB to landowner (LO) after the date of EP registration, if any; and Net Land Value which will be the basis of FB's amortization.

3.2 Require the FBs concerned or their authorized representatives to affix their signatures corresponding to their names in the LVSFU (Part II).

3.3 In case of death of original FB, determine whether a registered EP was issued to him/her and undertake the following:

3.3.1 For LH/s with Registered EP/s. The provisions of the Civil Code and the Rules of Court on succession and transfer of awarded lands shall apply.

In case the original FB dies after the registration of the EP, observe the following:

a. With Extra-Judicial Settlement.

•     Require the heir/s to execute a Sworn Statement that he/she/they is/are the only heir/s.

Based on the Sworn Statement of the heir/s, the PARPO shall issue a certification indicating that the signatory/ies to the LVSFU is/are based on the Sworn Statement of the heir/s.

b.     Estate is not yet settled

Require all the heirs/successors to sign in the LVSFU and the awarded land shall be transferred in the name of the "Heirs of the Deceased FB," if warranted.

c.      In case one (1) of the heirs is the actual tiller and with a written authority from the other heirs or with Court Order designating him/her as the administrator, and is willing to sign the LVSFU, allow the said actual tiller to sign the LVSFU. The EP shall be issued in the name of the "Heirs of the Deceased FB."

d.      In case all the heirs refuse to sign the LVSFU despite written notice, recommend to the PARPO to seek for the appointment by a court of an administrator for purposes of processing and signing of the LVSFU in behalf of or representing all the heirs.

3.3.2 For LH/s without Registered EP/s.

In case the original FB dies prior to the registration/issuance of the EP, the land shall be awarded to the successor in accordance with the following:

✔      Where there are several heirs, and in the absence of an extra-judicial settlement or waiver of rights in favor of one heir who shall be the sole owner-cultivator, require all the heirs/successors to sign in the LVSFU and the awarded land shall be transferred and registered collectively in the name of the "Heirs of the Deceased FB."

✔     Where there is disagreement among the heirs, and/or absence of a designated qualified heir, recommend to the PARPO to seek for the appointment by a Court of an administrator for purposes of processing and signing of the LVSFU in behalf of or representing all the heirs.

✔     Where the surviving heir or heirs is/are minors, he/she/they shall be represented by the guardian in cultivating the land until the eldest minor shall qualify as beneficiary, or if he/she shall not qualify, the next eldest heir, and so on, shall have qualified.

✔       Where there is/are no deserving/qualified heir/s as the successor of the deceased original FB in the subject LH, the same shall be re-allocated to other qualified FBs, pursuant to existing guidelines on re-allocation.

3.4 In case the farmlot is being cultivated by another FB:

3.4.1 Without EP, undertake the necessary transfer action procedures pursuant to existing guidelines.

3.4.2 With EP, the PARPO shall submit to the LBP, together with the certified true copy of the EP, a certification that:

•       the EP holder is the original FB identified but awarded lot is being cultivated by another FB;

•       the EP is undergoing cancellation proceedings; and

•       the new qualified awardee/allocatee shall sign the LVSFU.

4. Prepare the Claim Folder Transmittal Memorandum for submission to the DARPO.

•      Annex A (Amended List of Requirements for Land Transfer Claims Pursuant to PD No. 27/EO No. 228)

•      ROD-certified copy of registered EP

•      ROD Certification that no EP/s was/were registered for the awarded lot

•      Provincial Agrarian Reform Program Officer (PARPO)-certified copy of the duly signed LTPA approved by the Regional Director prior to August 18, 1987

•    OLT Form No. 1 (Part I)

•      OLT Form No. 1 (Part II)

•      Certified copy of Death Certificate from the Local Civil Registrar

•      Extra-judicial settlement of the estate of the deceased FB or Certified copy of Court Order

•      Sworn Statement from heir/s stated in the EJS that he/she/they is/are the only heir/s

•      PARPO'S Certification

•      OLT Form No. 1 (LVSFU Parts I and II) or Actual Tiller's Deed of Undertaking (ATDU) signed by the grantee-successor

•      Duly notarized written authority executed by the other heirs, if any, or

•      MARPO's/Designated Personnel's Certification As Actual Tiller/s;

•      Certified copy of Court Order, if any

•      Field Investigation Report (use/adopt existing form/s)

•      OLT Form No. 1 (LVSFU Parts I and II) signed by the designated qualified FB

•      MARPO's/Designated Personnel's Letter/Memorandum to PARPO Recommending Request from the Court for the Appointment of an Administrator

•      Field Investigation Report (use/adopt existing form/s)

•      OLT Form No. 1 (LVSFU Parts I and II) or Actual Tiller's Deed of Undertaking (ATDU) if any, signed by all heir/s

•      Field Investigation Report (use/adopt existing form/s)

•      OLT Form No. 1 (LVSFU Parts I and II) signed by the designated qualified heir/s

•      MARPO's/Designated Personnel's Letter/Memorandum to PARPO Recommending Request from the Court for the Appointment of an Administrator

•      Field Investigation Report (use/adopt existing form/s)

•      OLT Form No. 1 (LVSFU Parts I and II) signed by the guardian representing the surviving minor

•      Field Investigation Report (use/adopt existing form/s)

•      OLT Form No. 1 (LVSFU Parts I and II) signed by the new qualified FB

•      Field Investigation Report (use/adopt existing form/s)

•      Regional Director's Order, re: Transfer Action

•      Field Investigation Report (use/adopt existing form/s)

•      OLT Form No. 1 (LVSFU Parts I and II) signed by new qualified FB

•      Certified true copy of the EP

•      PARPO's Certification

•      Field Investigation Report (use/adopt existing form/s)

•      OLT Form No. 2 (CF Transmittal Memorandum — DARMO to DARPO)

2.   DARPO

1.  Upon receipt of the completed LTCF from the DARMO, simultaneously undertake the following:

1.1 Evaluate the LTCF as to accuracy and consistency of the data and required documents.

1.2 Approve and affix signature in the LVSFU for inclusion in the LTCF.

1.3 Prepare and sign the DAR Order to Adjust Land Value and Pay the LO for inclusion in the LTCF.

2.  Transmit the LTCF to the Land Bank of the Philippines (LBP) through a Transmittal Memorandum

•      LTCF

•      OLT Form No. 1 (LVSFU Parts I and II)

•      OLT Form No. 3 (DAR Order to Adjust Land Value and Pay the LO)

•      OLT Form No. 4 (Transmittal Memorandum — DARPO to LBP)

3.    LBP

1.   Upon receipt of the LTCF from DARPO together with the Order to Adjust Value and Pay LO, undertake the following:

1.1 Evaluate the CF for sufficiency, accuracy and consistency.

1.2 Compute the adjusted land value based on Section 5 of AO No. 6, Series of 2015.

1.3 Upon approval of the land value by the approving officers concerned, book and deposit the land proceeds in cash and in bonds, and issue a Certification of Deposit (COD)/Confirmation of Booking for the aforesaid amount to the LO concerned or his/her heirs in accordance with Section 9 of AO No. 6, Series of 2015 and forward the same to the DARPO;

Issue one (1) COD and open one (1) special deposit account (SDA) in the name of the LO/heirs per land valuation worksheet;

1.4 Forward the COD to the DARPO; and

1.5 Inform the LO/heirs of the land valuation and the list of pre-payment requirements.

•      LTCF

•      CARPER LAD Form No. 55 (Certification of Deposit)

•      LBP's Letter Informing LO of the Land Value and Documentary Requirements for the Release of Compensation Proceeds

4.    DARPO

Upon receipt of the COD, immediately prepare and issue the Notice of Valuation (NOV) with the attached copy of COD, and transmit the same to the MARPO/Designated Personnel directing him/her to serve the NOV to the LO, his/her Heirs or successors in interest, together with a copy of the LO's Reply Form to accept or reject the valuation in writing.

•      OLT Form No. 5 (Notice of Valuation)

•      OLT Form No. 6 (LO's Reply to Notice)

5.    DARMO/DARPO-Designated Personnel

1. Upon receipt of the signed NOV from the DARPO, serve the NOV together with the attached LO's Reply Form in the manner prescribed under Sections 10 and 11 of DAR AO No. 06, Series of 2015.

2.  Publish the NOV in accordance with Section 13 of AO No. 06, Series of 2015, if NOV is not successfully served.

•      OLT Form No. 5 (Notice of Valuation)

•      OLT Form No. 6 (LO's Reply to Notice)

•      PARPO's Letter Request to the Bureau of Land Tenure Improvement (BLTI) requesting for the Publication of NOV

•      OLT Form No. 5 (Notice of Valuation)

6.    DARPO

1. In case the LH is not covered by registered EP/s, simultaneous with the service of the NOV with attached copy of COD to the LO concerned, generate the EP/s in the name of the qualified FB/s;

2. Inscribe in the EP the mortgage lien in favor of government (LBP) to be signed by the PARPO.

3. Forward the duly signed EPs to the ROD together with the Transmittal Memorandum for the ROD to register the EPs generated by DAR and cause its annotation on the LO's title.

•      Judicial Form No. 109-F (TCT-EP) and/or Judicial Form No. 109-E (OCT-EP) whichever is applicable

•      CARPER LAD Form No. 64 (Transmittal Memorandum to ROD, Re: EP for Registration)

7.    ROD

Subsequent to the registration of EPs, release the Original Duplicate Copy (ODC) to LBP pursuant to Section 107 of AO No. 7, Series of 2011, as amended.

•      ODC of EP

8.    LBP Agrarian Operations Center (AOC)

Receive the original ODC of EP and provide two (2) certified true copies of each EP closely simulating the appearance, color and paper of the same to DARPO. The original ODC of EP shall be released to the FBs upon full payment of their land amortizations and for the cancellation of the mortgage/lien by the ROD.

•      ODC of EP

•      Two (2) sets of certified true copies of the ODC-EP, closely simulating the appearance, color and paper of the original copy of ODC-EP

9.    DARPO

Upon receipt of the two (2) sets of certified true-copies of the ODC-EP, transmit the same to the DARMO. Xerox copies of the same shall be kept for future reference.

•      Two (2) sets of certified true copies of the ODC-EP closely simulating the appearance, color and paper of the original copy of ODC-EP

•      Photo copy of ODC-EP (for file)

10.    DARMO

1.  Distribute one copy each of the certified true copy of the ODC-EP to the FB and the Municipal/City Assessor for preparation of individual FB's Tax Declaration.

2.  Maintain a record book of all EPs issued within the municipality/city and received by FBs and the Municipal/City Assessor (LGU).

•     Simulated copy of the certified copy of ODC of EP

11.    DARPO

1.  Upon receipt of the LO's reply to the NOV or information from the MARPO/Designated Personnel on LO's action:

1.1 If accepted, forward the letter of acceptance to the LBP.

1.2 If rejected or no reply or upon the expiration of the thirty-day period for LO to reply, advise the DAR Adjudicator/Board to conduct summary administrative proceedings, furnishing them the necessary documents (i.e., Notice to the LO, LVSFU/LTPA, etc.), copy furnished the LBP.

2.  Ensure that the LBP is provided with a copy of the Advice to the DAR Adjudicator/Board.

•     OLT-Form No. 5 (Notice of Valuation)

•     OLT Form No. 6 (LO's Reply to Notice)

•      OLT Form No. 7 (PARPO's Advice to Adjudicator/Board)

•      Other necessary documents (i.e., Notice to the LO, LVSFU/LTPA, etc.)

•       OLT Form No. 7 (PARPO's Advice to DAR Adjudicator/Board)

12.   DAR ADJUDICATOR/BOARD

1.  Conduct summary administrative proceedings on the rejection of valuation by the LO or failure to reply to the NOV within the prescribed thirty (30)-day period.

2.  Upon motion of the parties concerned, or motuproprio, the DAR Adjudicator/Board may revalue or direct the LBP to conduct revaluation in accordance with Section 14 of AO No. 6, Series of 2015.

3.  Render decision promptly and accordingly inform the parties concerned in accordance with 2009 DARAB Rules and Procedures.

4.  After a prompt revaluation by the LBP, the concerned parties and the DAR Adjudicator/Board shall be informed of the result of the revaluation. In case the LO disagrees with the revalued amount, the DAR Adjudicator/Board shall render a decision based on the merits of the case.

5.  Inform the parties of the decision. If no Motion for Reconsideration (MR) is filed before the DAR Adjudicator/Board within fifteen (15) days from receipt of the decision, the same becomes final and executory in accordance with the 2009 DARAB Rules of Procedures.

•      OLT Form No. 5 (Notice of Land Valuation)

•       OLT Form No. 6 (LO's Reply to Notice)

•      Order to Revalue