MC No 4 s'14 Guidelines Governing Landholding That Are For Inclusion in or Deduction From The Carper Land Acquisition and Distributio PDF
MC No 4 s'14 Guidelines Governing Landholding That Are For Inclusion in or Deduction From The Carper Land Acquisition and Distributio PDF
• DEPARTMENT of AGRARIAN
cm •
REFORM .
EllJPTICAL ROAD, DIlJMAN, QUEZgN
Series of 2014
PREFATORY STATEMENT
There are also instances when certain LHs not previously included in the
CARPER LAD Database are identified by either the DAR field personnel or other
stakeholders and are validated to be coverable. In such cases, these LHs are
added to the CARPER LAD Database.
In view of the foregoing, there is an urgent need to conduct the review and
evaluation of the LHs tagged in CARPER LAD Database as low priority to
determine which among them will remain classified as low priority, be
transformed into workable, or for deduction so that the remaining balance could
be firmed"up immediately for the purpose of planning and programming of the
LAD targets. Likewise, a review and validation of newly (dentified LHs has to be
undertaken to identify which LHs are for inclusion to the CARPER LAD Database.
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SECTION 1. Coverage
This MC shall cover all landholdings that are tagged as low priority or which are for
deduction from the CARPER LAD Database as well as newly identified LHs found to
be coverable under CARP which are for inclusion in the CARPER LAD Database.
3. Deducted Landholdings - refer to LHs listed in the CARPER LAD Database but
have been found to be not coverable under CARP as evidenced by final and
executory decisions/orders from the appropriate government entity and have
been previously approved for deduction by the then LAD Technical Review
Committee (LAD-TRC) pursuant to MC No.8, Series of 2010, and those to be
approved by the Regional Director or the Secretary pursuant to this MC. Those
found to be either distributed before July 1, 2009 or with duplicate record in the
LAD CARPER Balance as reflected in the LTI OpTool can be deducted from the
database without the need for supporting documents.
5. High LAD Provincial Agrarian Reform Offices - refer to DAR Provincial Offices
(DARPOs) with LAD balances of above 13,000 hectares. Twenty-two (22)
DARPOs fall under this category and comprise 77% of the areas in the overall
LAD balance. (See Annex B - List of High LAD and 'f!w LAD Provincial Offices)
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6. Low LAD Provincial Agrarian Reform Offices - refer to DAR Provincial Offices
with LAD balances of 13,000 hectares and below Fifty-three (53) DARPOs fall
under this category and comprise 23% of the areas in the overall LAD balance.
(See Annex B - List of High LAD and Low LAD Provincial Offices)
The CARPER LAD Balance represents the gross area that will be documented and
processed pursuant to eXisting gUidelines on LAD. However, some areas have to be
deducted when found to be non-CARPable during the preliminary ocular inspection
(pre-OCI) by the Municipal Agrarian Reform Program Officers (MARPOs) or during
the conduct of DAR-Land Bank of the Philippines (LBP) Joint Field Investigation
(JFI). In addition, portions of CARPable lands are projected to be retained by the
landowners who have not yet exercised their right of retention. Thus, there is a need
to update the CARPER LAD Balance on an annual basis, the process of which shall
be integrated with the Department's year-end assessment framework. The CARPER
LAD Balance Updating Report which would show the consolidated output will be
generated by the OpTool. This shall be presented to the PARC ExCom for approval.
quais:
ess:
Sub-Total (for Distribution)
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Where:
Within seven (7) days from the issuance of this MC, the Provincial Agrarian Reform
Program Officer" (PARPO II) shall convene or re-organize the Provincial Task Force
on Problematic Landholdings (PTFPL) created pursuant to MC No.9, Series of 2011.
In addition to the functions stated under MC 9, Series of 2011, the PTFPL shall:
1. Review and validate LHs for deduction and newly identified LHs for inclusion
in the CARPER LAD Database in accordance with Section 6 hereof; and
In lieu of the LAD-TRC created under Special Order (SO) No. 627, Series of 2012, a
Regional LAD Balance Evaluation Team (RLBET) shall be created and be composed
of Regional Officers/personnel to be headed by the RD.
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The RLBET may also be tasked to review and evaluate those reports and
recommendations from other regions, as may be directed by the
Undersecretary for Field Operations; and
2. Recommend to the concerned RD or RD of origin (as the case may be) the
Approval/Disapproval of the inclusion in or deduction of LHs from the
CARPER LAD Database using CARPER LAD Form 71 and 71-A and transmit
same to the RD concerned or RD of origin.
Immediately upon the issuance of this MC, the following shall be undertaken:
1.2 Within two (2) days from the receipt of the updated list of low priority
LHs, and list of LHs for inclusion:
1.2.2 Provide the PARCCOM with the list of LHs not covered by
previous resolutions, together with the supporting documents
prepared by the Secretariat, with the request to do an initial
review and recommendation thereof prior to the conduct of a
Joint PTFPL-PARCCOM deliberation thereon to be convened by
the PARPO; and
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located in front or in the lobby of the offices where it can ,be seen
by the public; likewise, the PARPO shall send copies of the list
to all concerned civil society organizations (CSOs) operating in
the area, after which the Municipal/City Administrator, Barangay
Captain/ Secretary, BARC Chairman, MARPO, and PARPO II
shall thereupon issue their corresponding Certification of Posting
Compliance (CARPER LAD Form No, 72-A); in this regard, any
person who may have concerns or wish to be clarified on the
subject LH may submit their comments/protests/petitions to the
DAR Regional Office within the seven (7) day period of posting,
1.3 Within seven (7) days from receipt of the List by the PARCCOM,
convene the Joint DAR-PTFPL and PARCCOM to deliberate and
decide on which landholdings would require field verification.
2.1 Conduct and complete the joint field verification on the LHs, in
coordination with the BARC or, in the absence, thereof, the Barangay
Council; and
2.2 Deliberate on the findings of the field verification and pass a resolution
containing the recommendation on which LHs are for deduction or
inclusion, and which LHs are to be maintained as low priority as there
are still problems that have to be addressed before documentation and
processing of the landholdings can proceed.
3. The PARPO shall then submit the results of the review and
recommendations (CARPER LAD Form No. 71 - Results of Review of Low
Priority LHs in the CARPER LAD Database and CARPER LAD Form No.
71A - Results of Review of Newly Identified LHs for inclusion in the
CARPER LAD Database), including the following supporting documents
specified in Annex A (i.e, titles, certifications, photos of the LH, Joint
PTFPL-PARCCOM Resolution for inclusion and deduction), to the RLBET,
through the Regional Director, for evaluation and approval, which entire
process at the provincial level shall be completed within thirty (30) days for
low LAD provincial offices and six1y (60) days for high LAD provincial offices;
moreqver, the DARPOs may submit partial outputs provided that the review
of the entire list should not exceed 30 or 60 days, as the case may be (Refer
to Annex B - List of High LAD Provincial ~es and Low LAD Provincial
Offices). . i
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4. The Regional Director (RD) shall:
4.1 Within five (5) working days from receipt of the recommendations of the
Joint PTFPL-PARCCOM submitted by the PARPO, convene the
RLBET to:
Within three (3) days from receipt of the action from the Undersecretary for
Field Operations, the requesting RD or RD who has supervision over the
PARPO whose Joint PTFPL-PARCCOM recommendations the
Undersecretary wants to be reviewed by another region, shall forward the
said recommendations, together with the pertinent documents, to the
reviewing RD identified by the Undersecretary for Field Operations.
Within five (5) working days from receipt of the recommendation by the
PARPO, the reviewing RD shall convene the RLBET to:
4.2 Transmit the list of LHs found to be either workable, low priority, and for
inclusion in or deduction from the CARPER LAD Database (CARPER
LAD Form Nos. 71 and 71A) to the DARP,Q for updating in the LTI
OpTool, furnishing a copy thereof to the BL111.)
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4.2.1 The PARPO shall, upon receipt of the said list of LHs found to
be either workable, low priority, and for inclusion in or for
deduction from the CARPER LAD Database from the RD, direct
the:
4.3 Submit the RLBET Resolution for landholdings approved for inclusion
in or deduction from the CARPER LAD Database, including all
supporting documents, to the BLTl, on account of which the latter shall
prepare a summary list of all Resolutions for submission to the
Undersecretary for Field Operations, copy furnished the PARC
Secretariat and all CSOs listed in the database of the Public Affairs and
Media Relations Service (PAMRS).
The BLTI shall conduct further validation through spot audit of LHs for
deduction. The CSOs may participate in the conduct of the spot audit.
4.4 With respect to cases pending at the DARRO, direct the Chief of the
Regional Legal Division to facilitate the review of the same, and
prepare a resolution within fifteen (15) days for the RD's approval;
otherwise, prepare a Memorandum on why the case cannot yet be
resolved, and furnish a copy of the Resolution to the DARCO Special
Legal Team through its Regional point person.
Provide the DARCO Special Legal Team with the list of LHs with cases
pending at the DAR Central Office (DARCO), Office of the President
(OP), Court of Appeals (CA) , or Supreme Court (SC), in order to
facilitate the resolution or follow-up of these cases.
4.5 The BLTI shall prepare an updated CARPER LAD Database as of the
end of the year which shall be submitted to the PARC Executive
Committee (ExCom), through the PARC Secretariat, for approvaL
The monitoring of the status of subject LHs at all levels shall be through the LTI
OpTooL Hence, the PARPOs shall ensure that the said database is regularly
updated through the web-based LTI OpTooL
The PARPO, in coordination with the PARCCOM, shall regularly monitor the status
of the subject LHs and, if necessary, convene the PTFPL to address issues that may
crop up during the documentation of the LHs which have been transformed into
workable LHs. If necessary, he shall seek the a~r~ance
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of other agencies
concerned to facilitate the resolution of issues. '
Based on the LTI OpTool, the BLTI shall generate using the OpTool, the
Landholding Balance Reports, accomplishment and other reports needed by the
management for inclusion in the annual agency performance report.
likewise, the Field Operations Office through the BLTI shall furnish the major CARP
stakeholders (i.e., Congressional Oversight Committee on Agrarian Reform
(COCAR), CSOs, etc.) with copies of the said reports including the low-priority LHs
which shall also be posted in the DAR website.
Upon the issuance of this MC, the BLTI, which has assumed custody over all the
documents submitted by PARPOs to the DARCO LAD-TRC Secretariat, shall
transmit to the RLBET all PARCCOM Resolutions undergoing review and evaluation
by the LAD-TRC, together with all the supporting doc'uments, for their review and
evaluation pursuant to Section 5 of this MC. Consequently, the RLBET shall process
the same follOWing the procedures laid down under the aforementioned Section.
This MC modifies or repeals all issuances or portions thereof that are inconsistent
herewith.
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lOS REYES
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AnnexA
REASON FOR DEDUCTION REQUIRED DOCUMENTS AS REQUIRED DOCUMENTS FOR LEGAL BASES
DEDUCTION CODE LOW PRIORITY DEDUCTION
(for OpTool)
LH with 18% slope COl • MARPO's Pre-OCI Report • CENRO Certification that Section 10 RA
and above, and (CARPER LAD Form 1) the entire landholding is 6657, as
undeveloped indicating that the entire located within an 18% amended
landholding is slope and above
undeveloped as of June • MAO/PAO certification
15, 1988 that the entire
• GE Certification (CARPER landholding is not
LAD Form 18) that the agriculturally developed
entire landholding is • In case of EO 407/448
located within an 18% lands, Letter of Rescission
slope and above of the Deed of Transfer
(DOT)
LH within river; C04 • MARPO's Pre-DC! Report • CENRO Certification that Section 10 RA
swampy indicating that the entire landholding is within the 6657, as
landholding is within river river or swampy area amended
or swampy area • MAO/PAO Certification
• GE Certification (CARPER that the land is not
LAD Form 18) that the suitable for agricultural
entire LH is within river or crop production
swampy area • In case of EO 407/448
lands, Letter of Rescission
of the Deed of Transfer
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Transfer (DOT)
LH used for COS 0 MARPO's Investigation o PARPO Certification that Section 10, RA
infrastructure Report with photos LH has been verified to be 6657
Transfer lOOT)
LH is within C08 0 MARPO's Investigation • Final and Executory Order DOJ Opinion
zonified areas prior Report that the LH is not of Exemption/Exclusion No. 44; A.D. 1,
to 1988, except PO covered under PD 27 from CARP Coverage 5.2002
27 lands; built-up • GE Certification (CARPER o In case of EO 407/448
zone; industrial lAD Form 16) that lH is lands, letter of Rescission
zone; residential within lonified areas as for particular lH covered
area/home lots; built-up zone; industrial by the Deed of Transfer
school expansion zone; residential area/home (DOT)
lots; schOOl expansion and
other non~agr[cultural uses
prior to June 15, 1988,
except PD 27 lands.
0 Zoning Administrator
Certification that there is
a zoning ordinance prior
to June 15, 1988 I
Illegally converted ClO • MARPO OCI Report • Final and Executory Order AD 1 5.2002
REASON FOR DEDUCTION REQUIRED DOCUMENTS AS REQUIRED DOCUMENTS FOR LEGAL BASES
DEDUCTION CODE LOW PRIORITY DEDUCTION
(for OpTool)
lands indicating that the entire or decision (by the Court
with penalty.
entire LH
LO died before C18 • LO's Death Certificate and • PARPO's Certification of AO 1.5.1989
June 15, 1988 and NSO~authenticated Birth Retention AO 3, 5.2003
the heirs have Certificates of the heirs • RD's Order of Retention AO 7, S. 2011
manifested the • Certified copy of Heirs'
intention to fiie Manifestation filed • Affidavit of Heirship or
application for before the DAR within Extra Judicial
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REASON FOR DEDUCTION REQUIRED DOCUMENTS AS REQUIRED DOCUMENTS FOR LEGAL BASES
DEDUCTION CODE LOW PRIORITY DEDUCTION
(for OpTool)
LH with titles C22 • Copies of Titles (both the AO 1, 1989
cancelled prior to cancelled & active title) AO 3,5 2012
June 15, 1988.
(These refer to LHs
with current and
cancelled titles
both captured in
the database)
Lands for public use C24 • MARPO's investigation • Deed of Conveyance to Section 10, RA
(school, market, report indicating that LGUs or government 6657 as
etc.) the LH is for public use office amended
(school, market, etc.), • Copy of Proclamation
with photos or Court Order
• In case of EO 407/448
lands, Letter of
Rescission for particular
LH covered by the
Deed of Transfer (DOT
Untitled Private C27 • Note: Proceed with • Approved survey plan DAR-DENR lAO
Agricultural Lands documentation 03, S. 2014
(UPALs) above 12 pursuant to DAR-DENR
hectares lAO 03, 5. 2014
- (involving several • Only the excess of the
LHs of an LO) titling limit of 12 or 24
hectares will be
deductible
LH under VLT, 5 C28 • Order of Disapproval by RD • Certificate of Finality AD 7, 52011
hectares and below,
disapproved by the
Regional Director
(RD)
Landholding cannot C29 • MARPO's Investigation • DENR Certification that AD 3 52012
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REASON FOR DEDUCTION REQUIRED DOCUMENTS AS REQUIRED DOCUMENTS FOR LEGAL BASES
DEDUCTION CODE LOW PRIORITY DEDUCTION
(for OpTool)
be located on the Report the technical
ground • DAR GE Certification that description of such LH
the land cannot be as stated in the title
located after verification cannot be located in
of the technical the base map
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description in the title • In case of EO 407/448
lands, Letter of
Rescission for particular
lH covered by the
Deed of TransferlDOT
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CARPER LAD Form 1-8
This is to certify that the landholding described below has been found to be:
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NAME OF
LANDOWNERIS as
appearing in the title
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2
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or tax declaration 3
(specify full name of 4
co-owners, if any; one 5
co-owner per row) 6
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10
OCT/TCT No.
TAX DEC. No.
LOT No.
APPROVED SURVEY NO.
TOTAL AREA
LOCATION OF
PROPERTY
Note. If titled property, indicate both the title No. and Tax Declaration No. If untitled property, write N.A. In the space
provided for the OCT/TeT No. and then, specify the Tax Declaration No. Fill in all blank spaces.
COpy Distribution:
ORIGINAL DARPO
,
DUPLICATE
TRIPLICATE
DARRO •
DARMO ,
CARPER LAD Form No. 71
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Region
Province of -------
RESULTS OF THE REVIEW OF LOW PRIORITY LANDHOLDINGS IN THE CARPER LAD DATABASE
As of _
Signature over Printed Name Signature over Printed Name Signature over Printed Name
P ARPO III PTFPL Head Reviewing Regional Director/ RLBET Head Concerned Regional Director
COPY D1STRIBUTLIlON:
Ong DARPO
01,Iplicate FOO/BLTI
Triplicate PARe Sec
Quadruplicate DARRO
QuintuplIcate DARMO
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LHID
No. N.meofLO
l;T/OCT
I orT.x Dec
No.
Area
(H.s.)
Location
Brgy.!
Municipality
Surve}'
No.lLot
No.
ResultlFindings During
Pre-OCI
L::
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PTFPL
_Recommendation
~ Reviewing RD's
Recommendation *
Concerned
RO's
Action c/o
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Prepared and recommended by: Reviewed and recommended by (if applicable): Approved by:
Signature over Printed Name Signature over Printed Name SignatUre over Printed Name
PARPO II1PTFPL Head Reviewing Regional Director Concerned Regional Director
Note: If there is Usec·FOO's instruction [0 review PTFPL recommendation
from other region
COPY D1STR1BUTUION.
Ongmal DARPO
Duplicate ["'QO/BUI
Triplicate PARCCOM
Quadruplicate DARRO
Quincuplicare DARMO
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C7 -
CARPER LAO FORM No. 72
NOTICE ON LANDHOLDINGS FOR INCLUSION IN OR FOR DEDUCTION FROM THE CARP COVERAGE/LAD DATABASE
This is to inform you that based on the review and evaluation of the Department of Agrarian Reform Provincial Office (DARPO), the following landholdings are found to be for
inclusion in/deduction from the CARPER LAO Database:
Basis of
Name of LO Address of LO Location of Landholding OCT/TCT No. Lot No. & Approved Area per Title/TD Recommendation Recommendation
Brgy./Municipality Survey No. (Ha)
Any person who has clarifications/concerns on the said landholding may submit their comments/protests/petitions to the DAR Regional Office located at
_ _ _ _ _ _ _ _ _ _ _ _ within fifteen (15) days from (indicate the last date of posting of the list)
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This is to certify that the List of Landholdings (LHs) for Inclusion in or for Deduction from the CARP
Coverage/LAD Database (CARPER LAD Form No. 72) has been posted for a period of seven (7) days
o City/municipal halls
o Barangay halls
This Certification is issued as a proof that the Notice to Parties through posting has been properly
observed and that the Notice was posted as stated above.
Note: The original copy of the certification shall be submitted to the concerned PARPa I/.