Prescribing the Procedures in the Conduct of Ocular Inspection and Format of Ocular Inspection Report for Claims and Conflicts Involving Friar Lands, Taguig Lots and Other Patrimonial Properties
The LMB Memorandum Circular No. 001-14, dated January 8, 2014, outlines procedures for conducting ocular inspections related to claims and disputes involving Friar Lands, Taguig Lots, and other patrimonial properties. It mandates that inspections be performed in the presence of relevant parties and a barangay representative, ensuring a thorough assessment of property conditions, occupancy, and improvements. A standardized Ocular Inspection Report format must be completed during the inspection, and any refusals to sign should be documented. The designated officer is required to submit a memorandum with the report to the Director within three working days post-inspection, and the original report is to be filed with the Records Management Division for security. This circular aims to enhance transparency and fairness in administrative proceedings concerning these properties.
January 8, 2014
LMB MEMORANDUM CIRCULAR NO. 001-14
| TO | : | All Heads of Division, Sections and Special Units |
| SUBJECT | : | Prescribing the Procedures in the Conduct of Ocular Inspection and Format of Ocular Inspection Report for Claims and Conflicts Involving Friar Lands, Taguig Lots and Other Patrimonial Properties |
Pursuant to Executive Order No. 192 dated 10 June 1987, Act No. 1120 otherwise known as the Friar Lands Act, Proclamation No. 2476 as amended by Proclamation No. 172, as implemented by Memorandum Order No. 119 dated 16 October 1987, Executive Order No. 285 dated July 25, 1987, Republic Act No. 477 dated June 9, 1950 and Act No. 3038 for the orderly and expeditious conduct of ocular inspection with the view to maintain fairplay and transparency in administrative proceedings, the following procedures for ocular inspection conducted by the LMB in claims and conflicts involving Friar Lands, Taguig Lots and other Patrimonial Properties are hereby prescribed for the guidance of all concerned.
SECTION 1. Upon receipt of the Order of Investigation signed by the Director and upon proper notices sent to the parties concerned (including a representative from the barangay), the designated officer shall conduct the ocular inspection in the premises of the subject lot in the following manner:
a. In the presence of the contending parties, the designated officer shall proceed to the site to ascertain the:
1. Actual condition of the property,
2. Actual occupant,
3. Extent of possession of the parties, and the
4. Improvements existing thereon.
b. During the inspection, the designated officer may interview the surrounding neighbors or any residents in the area who can serve as witnesses and attest to the truth of the details to be indicated in the ocular inspection report;
SECTION 2. The format of Ocular Inspection Report is prescribed herein as Annex "A".
SECTION 3. In the interest of transparency, the handling officer shall fill up all the spaces provided in the prescribed form and that the filling up of the form shall be done during the actual site inspection.
In case of refusal of any party or witness to sign thereon, the designated officer shall indicate the reason/s in the spaces provided for remarks/additional information.
SECTION 4. Within three (3) working days after the inspection, the designated officer shall inform the Director, thru the Chief, Legal Division of his compliance by way of a Memorandum attaching therein the duplicate copy of the ocular inspection report.
SECTION 5. For security reasons, the original copy of the ocular inspection report shall form part of the case records and that the same shall be forwarded to the Records Management Division (RMD) for updating/routinary renumbering of pages before any action can be further taken by the designated officer on the case.
SECTION 6. This Circular takes effect on the date specified herein.
FOR STRICT COMPLIANCE.
(SGD.) ENGR. RALPH C. PABLOOIC-Director
ANNEX A
Ocular Inspection Report