Reiterating and Clarifying the Rules and Procedures Governing Annotations of Notices of Coverage (NOCs) on Titles of Lands Covered under RA 6657, as Amended

September 13, 2012

JOINT DAR-LRA MEMORANDUM CIRCULAR NO. 06-12

 

PREFATORY STATEMENT

 

Pursuant to the pertinent provisions of Republic Act (R.A.) No. 6657, as amended, transactions involving privately-owned agricultural landholdings are prohibited unless cleared by the Department of Agrarian Reform (DAR). In spite of this prohibition, transactions without the required DAR clearance reportedly still take place. In some instances, these transfers cause undue delay in, or the suspension of, the implementation of the Comprehensive Agrarian Reform Program (CARP) over particular landholdings. To provide safeguards to prevent such illegal transactions the DAR and the Land Registration Authority (LRA) issued, on 23 December 2011, Joint DAR-LRA Memorandum Circular No. 17, Series of 2011.

This Joint Memorandum Circular is issued to reiterate the policies behind Joint DAR-LRA Memorandum Circular No. 17, Series of 2011, and to clarify the provisions thereof.

SECTION 1. Annotation of Coverage. — In order to warn potential buyers and other persons-in-interest that a particular agricultural landholding is the subject of acquisition and distribution by the DAR, the Register of Deeds (ROD) shall officially annotate, as a claim akin to or partaking the nature of an adverse claim, the fact of coverage on the original copy of the Certificate of Title of the said land. The annotation of the Notice of Coverage (NOC) as an involuntary instrument thereon shall not be cancelled, except upon:

i. the official request of the Provincial Agrarian Reform Officer (PARO) of the DAR for the cancellation thereof, coupled with a request to cancel the same Certificate of Title and the issuance and registration of a new Certificate of Title in the name of the Republic of the Philippines (RP Title); EScAHT

ii. the directive of the Regional Director, the Secretary of Agrarian Reform, the Office of the President of the Philippines, or the proper courts, in a final and executory Order or a Writ of Execution, excluding or exempting the land from CARP coverage or declaring the coverage null and void; or

iii. the directive of the Secretary of Agrarian Reform, the Office of the President of the Philippines, or the proper courts, in a final and executory Conversion Order.

The annotation shall only serve as notice to the public of the fact that the landholding is covered by the CARP and is being processed for acquisition and distribution. The annotation per se does not transfer ownership or possession of the landholding to the government or to the beneficiaries.

SECTION 2. Request for Annotation. — The PARO shall execute the official request to the ROD to officially annotate the fact of coverage, as akin to or partaking the nature of an adverse claim, on the Certificate of Title, at the same time that he generates the Notice of Coverage (NOC) or executes the Letter of Acceptance of the Voluntary Offer to Sell. The PARO or any DAR personnel that the PARO authorizes shall personally submit the said request, with the proof of service of the NOC or the Letter of Acceptance attached thereto, to the ROD within three (3) days from the proper service of the NOC to the landowner of the landholding.

For easier reference for the RODs, the form of the PARO's official request for the annotation of the fact of coverage shall be attached to this Joint Administrative Order (JAO) as Annex "A". The form of the annotation of the inscription of the NOC shall be attached hereto as Annex "B".

SECTION 3. Request for Cancellation of the Annotation. — Within ten (10) days from the PARO's receipt from the Land Bank of the Philippines of a copy of the Certificate of Deposit (COD), he or any DAR personnel he may authorize shall immediately personally present the official request to cancel the annotation of the fact of coverage, together with a request for the cancellation of the title of the landowner and the issuance and registration of the RP Title, as well as copies of the COD and the Approved Survey Plan (ASP), to the ROD.

For easier reference for the RODs, the form of the PARO's official request for the cancellation of the annotation of the fact of coverage, which shall be embodied in the same instrument as the request for the cancellation of the title of the landowner and the issuance and registration of the RP Title, shall be attached to this JAO as Annex "C". aDIHTE

The PARO or any DAR personnel he may authorize shall also personally present the official request to cancel the annotation of the fact of coverage upon receiving the directive to do so pursuant to a final and executory order of exemption or exclusion of the landholding, or the annulment of the coverage. This is without prejudice to the right of the winning party in the same case to request for the cancellation of the annotation. For easier reference for the RODs, the form of the PARO's official request for the cancellation of the annotation of the fact of coverage on this ground shall be attached to this JAO as Annex "D".

The form of the annotation of the cancellation of the previous annotation of the inscription of the NOC shall be attached to this JAO as Annex "E".

SECTION 4. Reporting and Monitoring. — All PAROs shall submit, at the end of each month, to the BLAD a list of Certificates of Title on which annotations of the fact of coverage were made or cancelled.

SECTION 5. Repealing Clause. — Any and all Memorandum Circulars and other issuances inconsistent herewith are hereby accordingly repeated, modified, and/or amended.

SECTION 6. Separability Clause. — Any judicial pronouncement declaring as unconstitutional any provision of this JAO shall have no effect on the validity of the other provisions not affected thereby.

SECTION 7. Effectivity. — This JAO shall take effect ten (10) days after its publication in two (2) newspapers of national circulation.

Quezon City, September 13, 2012.

 

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

 

(SGD.) EULALIO C. DIAZ, IIIAdministrator of the Land Registration Authority

 

Published in The Philippine Star on September 17, 2012.

ATTACHMENTS

Republic of the PhilippinesDepartment of Agrarian Reform

 

Certification

 

This is to certify that Joint DAR-LRA Memorandum Circular No. 6 Series of 2012 entitled "REITERATING AND CLARIFYING THE RULES AND PROCEDURES GOVERNING ANNOTATIONS OF NOTICES OF COVERAGE (NOCs) ON TITLES OF LANDS COVERED UNDER RA 6657, AS AMENDED" is published today, Monday, 17 September 2012 at the Philippine Star and the Manila Bulletin newspapers.

Issued this 17th day of September 2012 for whatever purpose it may serve.

 

(SGD.) HUGO D. YONZON III

ANNEX A

_____________

______________

 

Request for Issuance of Transfer Certificate of Title (TCT)/Original Certificate of Title (OCT) in the Name of the Republic of the Philippines (RP)

_____________

 

 

This refers to the agricultural land/s of ______________ which has/have been covered under:

[ ] Voluntary Offer to Sell (VOS) SHTEaA

[ ] Compulsory Acquisition (CA)

pursuant to Republic Act (R.A.) No. 6657, as amended with the following information:

 

OCT/TCT/TD No.	:	____________________
Lot No.	:	____________________
Approved Survey No.	:	____________________
Area per Title (hectares)	:	____________________
Area Acquired	:	____________________
Location of Property	:	____________________

Pursuant to the:

[ ] Letter-Offer of ________ which the DAR accepted on __________

[ ] Notice of Coverage issued by the DAR which was served on ______

the subject landholding is, for all intents and purposes, deemed covered for acquisition and distribution pursuant to the Comprehensive Agrarian Reform Program.

It is therefore requested that the Register of Deeds officially annotate on the title the fact of coverage.

Very truly yours,

(Signature of PARO)

_________________

ANNEX B

If through Voluntary Offer to Sell:

Entry No. ________-This land was VOLUNTARILY OFFERED FOR SALE to the DAR by _____________, which MR./MS. ________________, Provincial Agrarian Reform Officer for the Province of ___________ accepted on ________, 20 ____.

Date of Instrument: _____, 20 _____ (Date of letter of acceptance)

Date of Inscription: _____, 20 _____ at _____________

If through Compulsory Acquisition:

Entry No. ________-NOTICE OF COVERAGE UNDER CARP issued by MR./MS. _________________________, Provincial Agrarian Reform Officer for the Province of ___________ dated _______, 20 ____.

Date of Instrument: _______, 20 ____ (Date of receipt/publication of the NOC)

Date of Inscription: ______, 20 ____ at __________ CEcaTH

ANNEX C

_____________

___________

 

Request for Issuance of Transfer Certificate of Title (TCT)/Original Certificate of Title (OCT) in the Name of the Republic of the Philippines (RP)

 

____________

 

This refers to the agricultural land/s of __________ which has/have been covered under:

[ ] Voluntary Offer to Sell (VOS)

[ ] Compulsory Acquisition (CA)

pursuant to Republic Act (R.A.) No. 6657, as amended with the following information:

OCT/TCT/TD No.	:	____________________
Lot No.	:	____________________
Approved Survey No.	:	____________________
Area per Title (hectares)	:	____________________
Area Acquired	:	____________________
Location of Property	:	____________________

The Land Bank of the Philippines (LBP) has already deposited the compensation proceeds in the name of the abovementioned landowner. In view thereof and in accordance with pertinent guidelines, this Office is attaching hereto a copy of the Certificate of Deposit issued by the LBP and a copy of the segregation and subdivision plans and corresponding technical description/s of the property covered approved by the Department of Environment and Natural Resources (DENR).

It is therefore requested that the Register of Deeds: (check and counter-sign all pertinent boxes)

[ ] Cancel the annotation of coverage which was annotated upon the request of this Office cCHITA

[ ] Issue the corresponding Transfer Certificate of Title (TCT)/Original Certificate of Title (OCT) in the name of the Republic of the Philippines in accordance with Section 16 of R.A. No. 6657, as amended

[ ] Issue the corresponding title in the name of the landowner/s for the retained area, if applicable

Very truly yours,

(Signature of PARO)

________________

ANNEX D

____________

____________

 

Request for Removal of Annotation of Coverage

_____________

 

 

This refers to the agricultural land/s of ________________ which was covered by:

[ ] Voluntary Offer to Sell (VOS) HATEDC

[ ] Compulsory Acquisition (CA)

pursuant to Republic Act (R.A.) No. 6657, as amended with the following information:

 

OCT/TCT/TD No.	:	____________________
Lot No.	:	____________________
Approved Survey No.	:	____________________
Area per Title (hectares)	:	____________________
Area Acquired	:	____________________
Location of Property	:	____________________

An Order:

[ ] annulling/declaring null and void the coverage of the landholding ASDTEa

[ ] exempting/excluding the landholding from coverage of the Comprehensive Agrarian Reform Program

has become final and executory as of __________ (date). Attached hereto is a copy of the abovementioned Order and its corresponding Certificate of Finality.

It is therefore requested that the Register of Deeds cancel the annotation of coverage which was annotated upon the request of this Office.

Very truly yours,

(Signature of PARO)

_________________

ANNEX E

 

Entry No. __________- CANCELLATION OF NOTICE OF COVERAGE: The Notice of Coverage appearing on the face of this title is hereby cancelled in view of the request of MR./MS. _____________, Provincial Agrarian Reform Officer for the Province of _________________.

Date of Instrument: ___________, 20 ____

Date of Inscription: ___________, 20 ____ at _____