REVISED RULES GOVERNING THE ACQUISITION OF AGRICULTURAL LANDS SUBJECT OF VOLUNTARY OFFER TO SELL AND COMPULSORY ACQUISITION PURSUANT TO RA 6657

IV
Operating Procedures

Responsibility/Activity

Applicability

VOS

CA

A. Landowner

1. Accomplishes the Letter of Intent (CARP Form No. 1) and
Landowner’s Information Sheet (CARP Form No. 1.1) and submits them to
any DAR Unit (MARO, PARO, RARO, DARCO), together with the following
basic ownership documents:

a.  For Titled Property-

1. Copy of title (OCT/TCT) covering the land offered for
sale with all pages duly authenticated by the Register of Deeds (ROD) as
the exact copy of what is on file with his office.  If the title is not
yet in the name of the landowner/ offeror, submits instruments of
acquisition such as Deed of Sale, Deed of Donation, etc., to establish
his ownership of the land.  In instances where the title in the custody
of the ROD was lost or otherwise destroyed, and the original copy of the
title has not been reconstituted, ROD shall issue a certification to
that effect.

2. Copy of Tax Declaration in the name of the land-owner/ offeror issued before August 29 ,1987 duly certified by the Assessor.

3. Copy of the Approved Survey Plan or Plan of the property prepared and approved by a licensed Geodetic Engineer.

4. Copy of Sworn Statement of Landowner’s Registration (LISTASAKA I or II), if any.

5. Other requirements as may be applicable

b.  For Untitled Properties

1. Xerox copy of Deed of Sale/Transfer duly certified by
the ROD/Assessor and/or other instruments of acquisition covering the
subject property for a period of at least ten(10) years.

2. Copy of Tax Declaration issued before August 29, 1987 duly certified by the Assessor.

3. Approved Survey Plan and Technical Description in narrative form.

4. Copy of Sworn Statement of Landowner’s Registration(LISTASAKA I or II), if any.

5. Affidavit of Landowner that the property is not subject of adverse claim of third parties.

6. Certification of the Clerk of Court concerned whether or
not the property has been the subject of and registration cases,
cadastral proceedings, and status of the case, if any.

7. Certification from the DENR:

a. stating that the subject property is not within any
civil, military, or watershed reservation, national park, or timber or
mineral land and whether the same has been classified as alienable and
disposable

b. stating the cadastral claimant, if any, of the subject property

c. stating whether or not there has been an application
for the acquisition of the subject property under Commonwealth Act No.
141, as amended, and status, if any

8. Certification of the Register of Deeds and the
Provincial Assessor concerned to the effect that subject property is
free from all liens and encumbrances

9. Certification of the Land Registration Administration
that the subject property as indicated in the approved survey plan is
not within any titled or decreed proper

10. Proof of Publication of Cautionary Notice

All VOS letters and documents submitted by the landowner must be forwarded to the Municipal Agrarian Reform Office concerned.

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

1. Receives the duly accomplished CARP Form Nos. 1 and 1.1 including supporting documents.

2. Gathers basic ownership documents listed under 1.a or 1.b
above and prepares corresponding VOCF/ CACF by landowner/landholding.

3. Notifies/invites the landowner and representatives of LBP,
DENR, BARC and prospective beneficiaries of the schedule of the ocular
inspection/investigation of the property at least one week in advance.

4. MARO/Land Bank Field Office/BARC shall:

a. Identify the land and landowner, and determined the
suitability for agriculture and productivity of the land and jointly
prepare Field Investigation Report(CARP Form No. 2), including the Land
Use Map of the property.

b. Interview applicants and assist them in the preparation of
the Application For Potential CARP Beneficiary (RA 6657) (CARP Form No.
3).

c. Screen prospective farmer-beneficiaries and for those
found qualified, cause the signing of the respective Application to
Purchase and Farmer’s Undertaking (CARP Form No. 4).

d. Complete the Field Investigation Report based on the
result of the ocular inspection/investigation of the property and
documents submitted.  See to it that Field Investigation Report is duly
accomplished and signed by all concerned.

5. MARO

a. Assists the DENR Survey Party in the conduct of a
boundary/subdivision survey delineating areas covered by OLT, retention,
subject of VOS, CA (by phases, if possible), infrastructures, etc.,
whichever is applicable.

b. Sends Notice of Coverage (CARP Form No. 5) to landowner
concerned or his duly authorized representative inviting him for a
conference.

c. Sends Invitation Letter (CARP Form No. 6) for a
conference/public hearing to prospective farmer beneficiaries, landowner
representatives of BARC, LBP, DENR, DA, NGOs, farmers’ organizations
and other interested parties to discuss the following matters:

Result of field investigation
   Inputs to valuation
   Issues raised
   Comments/recommendations by all parties
   concerned.

d. Prepares Summary of Minutes of the Conference/public hearing to be guided by CARP Form No. 7.

e. Forwards the completed VOCF/CACF to the Provincial
Agrarian Reform Office (PARO) using CARP Form No. 8 (Transmittal Memo to
PARO).

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

PARO

1. Review, evaluates and validates the Field Investigation
Report and all pertinent forms and documents contained in the VOCF/CACF
for completeness and consistency.  Gathers all the additional required
documents not available at the MARO level but may be obtained at the
PARO level.

2. If in order forwards completed VOCF/CACF to the RARO using CARP Form NO. 9 (Transmittal Memo to RARO).

X

X

X

X

1. Reviews the VOCF/CACF and supporting documents for
completeness and consistency, and if found to be in order, approves and
signs the Field Investigation Report.

2. Prepares the Notice of Acquisition (CARP Form No. 10 or 11
as the case may be) to be signed by the Regional Director or in his
absence, by the duly designated official. Such notice shall be forwarded
to the landowner concerned by personal delivery with proof of service
or registered mail with return card.

3. Forwards the VOCF/CACF to LBP through the Regional Manager
using a DAR Memorandum to Value the land including improvements and
facilities, if any. (CARP Form No. 12)

X

X

X

X

X

X

1. Reviews and evaluates the VOCF/CACF for completeness,
consistency and document sufficiency; and thereafter determines the Land
Valuation in accordance with the applicable guidelines.

2. Gathers additional documents needed for a more appropriate land valuation.

3. Prepares the Claim Folder Profile and Valuation Summary
(CARP Form No. 13) and forwards same to the proper approving officers of
the Bank.

4. Notifies the DAR of the valuation, through a Memorandum of
Valuation, enclosing a copy of the approved Claim Folder Profile and
Valuation Summary (CARP Form No. 13).

X

X

X

X

X

X

X

X

1. Prepares and issues the Notice of Land Valuation to the
landowner (CARP Form No. 13.1) together with the Memorandum of Valuation
from LBP and a copy of the duly approved Claim Folder Profile and
Valuation Summary, copy furnished the LBP Regional Office. At the same
time a copy of this notice and memorandum shall be posted for at least
one (1) week in the bulletin board at the provincial capitol, municipal
hall and the barangay hall concerned.

2. If the landowner accepts the offered price, sends the
Memorandum to LBP to prepare the Deed of Transfer and to pay the
landowner (CARP Form No. 14) enclosing the landowner’s letter of
acceptance.

3. If the landowner rejects the offered price or fails to reply
within thirty (30) days from receipt of the Notice of Land Valuation,
sends Memorandum to LBP to open a Trust Account in the name of the
landowner, (CARP Form No. 16), and advices the DARAB through the
Provincial Adjudicator, to conduct summary administrative proceedings
pursuant to DAR Administrative Order No. 13 and Section 16 (d) of RA
6657. If the landowner disagrees with the valuation as determined by the
DARAB through the Provincial Adjudicator, he may file the appropriate
petition before the proper Court.

4. Upon receipt from LBP of the proof of the Trust Deposit,
transmits to the Register of Deeds the Proof of Trust Deposit, owner’s
duplicate copy of the title, (if available), and other applicable
supporting documents with the request for the transfer of title of the
acquired property to the Republic of the Philippines. (CARP Form No. 17)

X

X

X

X

X

X

X

X

1. Upon receipt of advice from RARO, conducts summary administrative proceedings.

2. Renders decision and informs parties concerned of the same.

X

X

X

X

1.  Fifteen (15) days after receipt of the decision of DARAB
fixing the valuation, request the LBP to prepare the Deed of Transfer
(CARP Form No. 15) for the signature of the landowner if he so accepts,
otherwise, request the LBP to adjust the trust deposit to conform with
the DARAB decision and accordingly informs the landowner. In the event
the landowner signs the Deed of Transfer, LBP should transmit a copy to
the Register of Deeds as additional support to the transfer of title in
favor of the Republic of the Philippines.

X

X

1. Registers the Deed of Transfer (DOT) and issues a new title in the name of the RP, free from liens and encumbrances.

2. After registration, forwards the owner’s duplicate copy of title issued in the name of RP, to LBP Field Office.

X

X

X

X

1. Prepares payment release order for the payment to the landowner of the value of the land compensation.

2. In case the land is encumbered, pays the
mortgagee-bank/creditor or establishes a trust account in the name of
the mortgagee-bank if it refuses to accept LBP bonds as payment.

3. After the landowner’s compensation is paid, forwards to RARO
a xerox copy of the new title in the name of the RP, together with
certified copy of the Deed of Transfer.

X

X

X

X

X

X

1.  Forwards to PARO the certified copy of the Deed of Transfer
and the TCT, together with the Memorandum of the Regional Director
instructing him to take over physical possession of the land and proceed
with the distribution of the same in favor of the qualified
beneficiaries.

X

X