REVISED RULES AND REGULATIONS ON THE ACQUISITION OF AGRICULTURAL LANDS SUBJECT OF MORTGAGE OR FORECLOSURE

Pursuant to Section 49 of Republic Act (RA) No. 6657,
otherwise known as the “Comprehensive Agrarian Reform Law of 1988”, and
Section 7, Chapter 2, Book IV of Executive Order No. 292, otherwise
known as “The Revised Administrative Code of 1987”, the rules and
regulations on the acquisition of private agricultural lands subject of
mortgage or foreclosure are hereby revised as follows:

SECTION 1.       Rationale.
— Section 25 of Republic Act No. 337, otherwise known as “The General
Banking Act”, provides that acquired assets and mortgaged properties
foreclosed by banks shall be disposed of within a period of five (5)
years after foreclosure. Further, Section 71 of RA 6657 provides that
“(b)anks and
other financial institutions allowed by law to hold mortgage rights or
security interests in agricultural lands to secure loans and other
obligations of borrowers may acquire title to these mortgaged
properties, regardless of area, subject to existing laws on compulsory
transfer of foreclosed assets and acquisition as prescribed under
Section 16 of this Act.” Furthermore, Section 72 (b) of RA 6657 provides
that “(m)ortgages
and other claims registered with the Register of Deeds (ROD) shall be
assumed by the government up to an amount equivalent to the landowner’s
compensation value as provided in this Act.”

SECTION 2.       Definition of Terms. — As used in this Order, the terms enumerated are defined as follows:

a)      Banks
include banking institutions, commercial banks, savings banks, mortgage
banks, trust companies, building and loan associations, branches and
agencies in the Philippines of foreign banks, and all other
corporations, companies, partnerships and associations performing
banking functions in the Philippines. (Section 22, Act No. 335).

b)      Mortgage
is an accessory contract whereby the debtor (or a third person)
guarantees the performance of the principal obligation by subjecting
real property or real rights as security in case of non-fulfillment of
said obligation within the period agreed upon.

c)      Mortgagor
is one who, having all or some title to property, by written
instrument, pledges that property for some particular purpose such as
security for a debt.

d)      Mortgagee
refers to banks, financial institutions and other persons whether
natural or juridical, holding registered mortgage rights over said
lands.

e)      Foreclosure
is the procedure by which the mortgaged property is sold on default of
the mortgagor in satisfaction of the mortgage debt. It denotes the
procedure adopted by the mortgagee to terminate the rights of the
mortgagor on the property and includes the sale itself. (Development Bank of the Phils. vs. Zaragoza, 84 SCRA 668 [1978]).

f)       Redemption
is a transaction by which the mortgagor reacquires or buys back the
property which may have passed under the mortgage or divests the
property of the lien which he may have created.

g)      Right
of Redemption is the right of the mortgagor to redeem the mortgaged
property within a certain period after it was sold for the satisfaction
of the mortgage debt.

Where the mortgagee is a bank, the right of
redemption exists in both judicial and extra-judicial foreclosure. In
such case, the mortgagor or his successor-in-interest may exercise his
right of redemption within one year from the date of the registration of
the certificate of sale. (Section 78, RA 337; Rosario vs. Tayug Rural Bank, 22 SCRA 1220 [1968]).
However, when a land covered by homestead or free patent mortgaged with
a rural bank is foreclosed, the homesteader or free patent holder, as
well as his heirs, shall have the right to redeem the same within one
(1) year from the date of foreclosure in the case of land not covered by
a Torrens Title or one (1) year from the date of registration of the
foreclosure in the case of land covered by a Torrens Title (Section 6,
par. 3, RA 7353, otherwise known as, “The Rural Banking Act of 1992“).

Where the mortgagee is other than a bank, the right
of redemption exists only in extra-judicial foreclosure. In such case,
the debtor, his successor in interest or any judicial creditor or
judgment creditor of said debtor, or any person having a lien on the
property subsequent to the mortgage or deed of trust under which the
property is sold may redeem the same within the term of one year from
the date of registration of the certificate of sale with the appropriate
Register of Deeds (Section 6, Act No. 3135, otherwise known as “An Act
to Regulate the Sale of Property Under Special Powers Inserted In Or
Annexed to Real Estate Mortgages; Reyes vs. Noblejas, GR No. 1-23691. November 25, 1967).

h)    Equity
of Redemption refers to the right of the mortgagor to redeem the
mortgaged property after his default in the performance of the
conditions of the mortgage but before the sale of the mortgaged property
or confirmation of the sale. (Top Rate International Services, Inc. vs. Intermediate Appellate Court, 142 SCRA 467 [1986]).

Equity of redemption exists in judicial foreclosure,
except where the mortgagee is a bank. The equity of redemption may be
exercised by the mortgage debtor, the second mortgagee, the subsequent
attaching creditor or purchaser, within a period not less than ninety
(90) days nor more than one hundred twenty (120) days from the entry of
judgment of foreclosure and even thereafter, provided he does so before
the foreclosure sale is confirmed by the court, (Sections 2 & 3, Rule 68, Revised Rules of Court).

SECTION 3.       Coverage.
— These rules shall cover all agricultural lands subject of mortgage or
foreclosure. They shall not apply to cases where the mortgagee is
already the registered owner of the property at the start of the
acquisition proceedings. In such cases, the procedures provided in DAR
Administrative Order No. 2 (1996), as amended, shall govern.

SECTION 4.       Mortgagee Deemed as Landowner.
— For purposes of covering the property under the agrarian reform
program, the mortgagee shall be considered as the new landowner if
before the deposit of just compensation is made:

a)      The
mortgagee is the purchaser in the foreclosure sale and the redemption
period, as provided by law, has already expired in cases where the right
of redemption exists; or

b)      The
mortgagee is the purchaser in the foreclosure sale and said foreclosure
sale is confirmed by the court in cases where only equity of redemption
is provided.

SECTION 5.       Mortgagee Deemed as Lien-holder.
— The mortgagee shall be considered a lien-holder if on the date the
land transfer claim was received by the Land Bank of the Philippines
(LBP) from the Department of Agrarian Reform (DAR):

a)      The mortgage debt is not yet due and demandable; or

b)      The mortgage debt is already due and demandable but the mortgagee has not foreclosed on the property; or

c)      The
mortgage has already been foreclosed but the period to exercise the
right of redemption, in cases provided by law, has not yet expired; or
the foreclosure sale has not yet been confirmed by the court in cases
where there is only equity of redemption.

SECTION 6.       Consolidation of Mortgagee’s Title.
The mortgagee may proceed to effect the cancellation of the mortgagor’s
certificate of title and the issuance of a new one in his or its name
in accordance with Section 63 of PD No. 1529, or the “Property
Registration Decree”, upon the expiration of the redemption period or
upon confirmation by the court of the foreclosure sale, as the case may
be.

If the mortgagee fails to cause the issuance of a
certificate of title in his or its name within thirty (30) days from
receipt of the notice of land valuation and acquisition, the procedure
for the transfer of title in the name of the Republic of the Philippines
shall be followed in accordance with DAR AO 2 (1996). The Provincial
Agrarian Reform Office shall furnish the Register of Deeds (ROD) all
supporting documents to effect the consolidation of title in the name of
the mortgagee as provided in Section 63 of PD 1529, as follows:

a)   Where there is only equity of redemption, a certified copy of the final order of the court confirming the sale;

b)   In cases where the right of redemption exists:

1)      In judicial foreclosure, the final deed of sale executed by the sheriff in favor of the mortgagee;

2)      In extra-judicial
foreclosure, either a final deed of sale executed by the person
authorized by virtue of the power of attorney embodied in the deed of
mortgage, or an affidavit of the mortgagee attesting to the fact of
non-redemption. In case the latter requirement is not executed by the
mortgagee, an affidavit executed by the Provincial Agrarian Reform
Officer (PARO) attesting to the fact of the mortgagee’s failure to
execute such affidavit of non-redemption shall be sufficient.

After the submission of said supporting documents, in
addition to those required in ordinary acquisition proceedings under AO 2
(1996), and after the corresponding annotations of the consolidation of
ownership and of the transfer of the property to the Republic of the
Philippines on the mortgagor’s title, the mortgagor’s title shall be
cancelled and a new one issued in the name of the Republic of the
Philippines, without the need of issuing a certificate of title in the
name of the mortgagee.

SECTION 7.       Payment of Taxes, Penalties, Fines, Registration Fees and Other Impositions.
All taxes, penalties, fines, registration fees and other impositions
required to be paid by the mortgagor and the mortgagee before title can
be registered in the name of the Republic of the Philippines shall be
deducted from the proceeds of the land transfer claim and paid by the
LBP if the mortgagee fails to pay such fees within fifteen (15) days
after due notice and demand either through personal service or
registered mail by the PARO. Upon failure of the mortgagee/landowner to
pay said fees within the prescribed period, the PARO shall verify
whether an order converting, exempting or lifting the coverage or
acquisition was issued involving the subject property, and if there is
none, he shall direct the LBP to deduct from the proceeds of the land
transfer claim the necessary amount and pay the said taxes, penalties,
registration fees, fines and other impositions.

SECTION 8.       Rights and Privileges of Mortgagee. — The rights and privileges of the mortgagee as new landowner or lien-holder are as follows:

a)         As new landowner, the bank, financial institution, or other concerned person shall be entitled, among others, to:

1)      Receive all
notices, advices, correspondence, and all other communications from the
DAR and/or LBP, such as, but not limited to, Notice of Coverage, Notice
of Land Valuation and Acquisition, Letter-Requirement for Processing and
Payment of Claim, etc.;

2)      Transact with DAR and/or LBP regarding all aspects of subject land transfer claim, to the exclusion of all other persons;

3)      Be named as the recipient of all cash and bond deposits; and

4)      Receive all the proceeds of subject land transfer claim, less deductions to which the land may be liable.

b)         As lienholder, the bank, financial institution, or other concerned person shall be entitled, among others, to:

1)      Receive payment for
the obligation of the mortgagor from the land transfer proceeds up to
an amount equivalent to the landowner’s compensation value; and

2)      Receive notices, advices, and all other communications pertaining to the obligation of the landowner-debtor (mortgagor).

SECTION 9.       Obligations of Mortgagee. — The obligations of the mortgagee as new landowner or lien-holder are as follows:

a)         As new landowner, the mortgagee shall:

1)      Comply with all the
requirements for processing and payment of the claim such as surrender
of the Owner’s Duplicate Copy of Title; and

2)      Sign all land
transfer documents required as a consequence of the processing and
payment of the land transfer claim such as: Deed of Assignment,
Warranties and Undertaking, Deed of Transfer, Deed of Confirmation of
Coverage and Transfer, etc.

b)         As lienholder, the mortgagee shall:

1)      Issue a release of
mortgage, or execute a deed of redemption, and deliver the Owner’s
Duplicate Copy of Title after payment of the value of the lien; and

2)      Sign all other documents necessary to effect the cancellation of the mortgage.

SECTION 10.    Sanctions for Failure to Comply with Obligation.
— The proceeds of the land transfer claim shall not be released to the
landowner until and unless he complies with his obligations set forth in
Section 9 (a). Likewise, the lienholder shall not be paid the amount of his claim until and unless he complies with his obligations enumerated in Section 9 (b).

SECTION 11.    Operating Procedures. — In cases where the mortgagee is considered as the landowner, the following procedures shall apply:

a)         Land transfer claim under process by DAR/LBP
Steps	Responsible Person/Office	Activity	Documentary Requirements
1	DARPO	Proceeds with the processing of the claim folder in accordance with AO 2 (1996), as amended
2	LBP-LVLCO	Proceeds with the usual processing & approval of the land transfer claim
3	LBP-LVLCO	Sends Memorandum of Valuation(MOV), together with Claim Folder Profile and Valuation Summary to PARO with advice to send notice to the mortgagee (new landowner), for consolidation of ownership in mortgagee’s name.	CARP Form No. 9 – Memorandum of Valuation and Claim Folder Profile and Valuation Summary
4	DARPO	Sends Notice of Land Valuation and Acquisition (NLVA) to the mortgagee (new landowner), together with the Notice to Consolidate Ownership within thirty (30) days from receipt thereof. If there is a subsequent transfer or reconveyance of the property, the mortgagee shall notify DAR of said transfer/reconveyance within fifteen (15) days from receipt of DAR’s Notice to Consolidate Ownership Otherwise, the mortgagee shall be deemed owner of the property notwithstanding the subsequent transfer. In case the mortgagee does not respond, the PARO shall consolidate the ownership in the mortgagee’s name.	CARP Form No. 10 – Notice of Land Valuation and Acquisition   CARP Form No. 10.b – Notice to Consolidate Ownership   CARP Form No. 10.c – Affidavit of Consolidation of Ownership
5	Mortgagee as new landowner	Accepts or rejects the land valuation. (Note: Procedures on the acceptance or rejection of the valuation outlined in AO 2 [1996] shall apply)	CARP Form No.10.a – LO’s Reply to NLVA
		Executes affidavit of consolidation duly annotated/registered or a certified copy of the new title in mortgagee’s name and forwards same to DARPO.	Copy of New Title
		DAR shall request ROD to issue TCT in the name of RP as provided in AO 2 (1996).  In such case, the PARO shall furnish the ROD all documentsshowing the consolidation of mortgagee.	CARP Form No. 18 – Request to issue TCT in the name of RP
6	DARPO	Sends LBP a request to pay deposit the land transfer claim.	CARP Form No. 12  – Request to Pay or CARP Form No. 15
		i.  In case the mortgagee (new landowner) has effected consolidation of ownership, forwards to LBP a certified copy of the new title;	– Request to Deposit (as the case may be)
		ii. In case the mortgagee (new landowner) has not effected consolidation of ownership, furnishes LBP affidavit of consolidation duly executed by PARO with a statement of account on the expenses incurred (such as taxes, impositions, penalties and other fees) to effect the transfer of title. Verifies if an order was issued converting exempting or lifting the, coverage or acquisition of subject property, and if there is none, directs LBP to deduct said expenses from the proceeds of the land transfer claim.	CARP Form No. 10.c – Affidavit of Consolidation of Ownership   CARP Form No. 15.a – Request to Deduct Expenses
7	LBP	Prepares payment and remits the same to agencies concerned; issues Certification of Deposit (COD) to the DAR	CARP Form No. 17 – Certification of Deposit
b)         Land transfer claim already approved by LBP and Certificate of Deposit issued in favor of former registered owner where the redemption period has expired or the foreclosure sale has been confirmed by the court, as the case may be.
Steps	Responsible Person/Office	Activity	Documentary Requirements
1	DAR	Sends notice/invitation to new landowner for conference to discuss matters pertaining to the land transfer claim and other information relative thereto	CARP Form No. 2.b – Notice to Mortgagee/New Landowner
2	DAR/ LBP-LVO	Mortgagee as new landowner may, during the conference, present specific issues and/or concerns which shall be discussed and resolved by DAR, LBP-LVO, and other agencies concerned
3	The mortgagee as new landowner	If no issues and/or concerns are raised mortgagee as new landowner will execute affidavit of consolidation of ownership
4	DAR	Issues order directing LBP to inscribe in the COD and in other pertinent documents contained in the claim folder the name of the mortgagee as new land- owner in place of the former owner	CARP Form No. 18.b – Letter to the LBP
5	The mortgagee as new landowner	If mortgagee as new landowner raises issues and/or concerns pertinent to land transfer claim and other information relative thereto:
	DAR	i.  If the issue involves coverage, shall advise the mortgagee, as the new landowner, that the matter shall be resolved administratively by filing a written protest thereof.
		ii.  If the issue involves land valuation, the same shall be resolved through quasi- judicial proceedings by the Adjudication Board.
6	DAR	PARO shall request mortgagee(new landowner) to execute affidavit of consolidation	CARP Form No. 10.b – Notice to  Consolidate Ownership
	The mortgagee as the new landowner	a) The mortgagee as the new landowner executes affidavit of consolidation.
	DAR	i.  issues order directing LBP to inscribe the name of the mortgagee as the new landowner in the COD and in other pertinent documents contained in the claim folder in place of the former landowner.	CARP Form No. 18.b – Letter to LBP
	LBP	ii.  Issues COD in the name of the mortgagee as the new landowner. In such case, processing of the land transfer claim shall proceed accordingly.	CARP Form No. 17 – Certification of Deposit
		b)  if the mortgagee (new landowner) refuses or fails to execute the affidavit of consolidation, the activity provided under Sec. 6(b) (2) hereof, shall be undertaken.
c)         Procedures for transfer of title and registration.
Steps	Responsible Person/Office	Activity	Documentary Requirements
1	DARPO	Requests ROD to issue title in the name of RP	a)  CARP Form No. 18 or18.a – Request to Issue TCT in the name of RP b)  CARP Form No. 10.c – Affidavit of Consolidation c)  CARP Form No. 17 – LBP Certification of Deposit
2	ROD	Issues title in the name of RP	New TCT in the name of RP
		Note: Procedures on the generation and registration of CLOA outlined under the Joint DAR-LRA Memorandum Circular No. 9 (1996) shall apply.

SECTION 12.    Procedure when Mortgagee is Lienholder.
— In case the period of redemption has not yet expired or the
foreclosure sale has not been confirmed by the court at the time item
D.1, Step 25 or item D.2, Step 26 of DAR Administrative Order No. 2,
Series of 1996 is undertaken, the mortgagee shall be simply paid the
amount of the mortgage debt but not exceeding the equivalent of the
landowner’s compensation value. For this purpose, the guidelines
outlined in the said administrative order shall apply.

SECTION 13.    Repealing Clause.
— All other previous orders, circulars, memoranda and other issuances
inconsistent herewith are hereby revoked or modified accordingly.

SECTION 14.    Effectivity.
— This Order shall take effect ten (10) days after its publication in
two (2) national newspapers of general circulation pursuant to Section
49 of RA 6657.

Adopted: 31 May 2000

(SGD.) HORACIO R. MORALES, JR.
Secretary