RULES AND PROCEDURES GOVERNING TITLING AND DISTRIBUTION OF LOTS IN DAR SETTLEMENT PROJECTS

I
Mandate

Section 2 of R.A. 6657 provides that “the state shall apply the
principal of agrarian reform or stewardship, whenever applicable, in
accordance with law in the disposition or utilization of other natural
resources, including lands of the public domain.

Likewise pursuant to Section 49 of R.A. 6657, the PARC and the DAR
are empowered to issue rules and regulations, whether substantive or
procedural, to carry out the objects and purposes of this Act.

In furtherance of this authority and in order to accelerate the
issuance of Certificate of Land Ownership Awards (CLOA) to qualified
beneficiaries in settlement projects administered by the DAR, these new
Rules and Procedures are hereby adopted.

II
Coverage

These new Rules and Procedures shall cover the titling and
distribution of agricultural lands within proclaimed settlement projects
under the administration of the DAR as provided for by existing laws.

III
Statement of Policies

A. All settlement areas are declared open to access of qualified beneficiaries.

B. Land has a social function and there is a social
responsibility in its ownership. Hence land shall be distributed to the
actual tiller.

C. Only those that satisfy all of the following characteristics shall qualify as beneficiaries:

1.       Landless

2.       Filipino citizen

3.       At least fifteen (15) years of age or head of family at the time of filing of application

4.       Has the willingness, ability and aptitude to cultivate and make the land productive.

D. Preferential assistance shall be extended to:

1.       Qualified women members of the agricultural labor force

2.       War veterans and veterans of military campaign

3.       Retirees of AFP and INP

4.       Returnees/ surrenderees

5.       Graduates of agricultural school

E. All lots (agricultural and non-agricultural) shall be
distributed free of cost. No survey Sees or other costs relative to the
distribution of the land pursuant to this order shall be charged against
the beneficiary.

F. Abandoned, unallocated or otherwise vacant lots shall be
distributed to qualified beneficiaries pursuant to Section 22 of R.A.
6657.

G. The award limit shall not be more than three (3) hectares.
However, qualified beneficiaries who have occupied and cultivated the
land prior to June 15, 1988 , in accordance with the Public Land law and
other existing laws, shall be awarded the legal limits as established
by said laws. Processing procedures shall be in the manner then
prescribed or under this new procedure whichever shall be more expedient
and advantageous to the beneficiary.

H. In general, land shall be distributed directly to individual
qualified beneficiaries. In cases however, where the physical
characteristics of the land are such that subdividing it shall limit its
economic viability, or when the existing socio-cultural customs and
traditions of the beneficiaries, e.g. tribal Filipinos, dictate
otherwise, then the beneficiaries may opt for collective ownership, such
as co-ownership or farmers cooperative or some other form of collective
organization. Provided that the total area that may be awarded shall
not exceed the total number of co-owners or members of the cooperative
or collective organization multiplied by the award limit of three (3)
hectares. And provided further that all the members shall agree on the
mechanisms for dividing the land individually in case the majority
decides to do so.

 

IV
Operating Procedures

These operating procedures shall apply in settlement areas whose
subdivision survey plans have already been approved by IMB-DENR.

In settlement areas without approved subdivision survey plans, the
Regional Director shall effect the conduct and approval of said
subdivision survey plans within one and half (1½) years from the
issuance or this order.

Ownership of land awarded to qualified beneficiaries shall be
evidenced by a Certificate of land Ownership Award (CLOA) or Homestead
Patent which shall contain the conditions and restrictions as provided
for in R.A.. 6657.

A. The Municipal Agrarian Reform Officer [MARO] (tasked with the administration or the entire settlement area) shall:

1.    Conduct a physical inventory and perform the following:

a.         Review and evaluate the list of allocatees and
conduct lot verification to determine whether the FB allocatee still
occupies and tills the lot covered by his Certificate of Allocation:

b.         Require the occupant/tiller to accomplish the FB Application Form. (SP Form No. 1)

2.    Evaluate the application form and recommend appropriate action on the basis of the following:

3.    Consolidate the SP Form No. 1 and prepare Summary FB Data
Sheet (SP Form No. 2) for those applicants recommended for issuance of
CLOA. These shall constitute the Land Distribution Folder (LDF).

4.    Endorse the LDF to the Provincial Agrarian Reform Officer (PARO) for review and preparation of CLOA.

5.    Prepare a separate summary list of vacant and unallocated lots and those considered for cancellation of allocation.

Grounds for Cancellation of Allocation:

( i) Absence of the settler- allocatee from the
resettlement project for more than six (6) months without the written
permission of the DAR;

(ii)            Transfer of rights by transferor without written consent and approval of the DAR Regional Director concerned;

(iii)           Voluntary renunciation or waiver of rights in writing;

(iv)            Failure to cultivate the lot for a
period of more than six (6) consecutive months from the date of
allocation of said lot; and

(v) Death of settler- allocatee if he has no compulsary heir.

a)      Prepare a report on lots considered for cancellation. The report shall include:

1)    Identification of the farmlot and/or homelot, i.e., number, survey number, area and location:

2)    Name and address of allocatee and spouse;

3)    Date of allocation of the lot;

4)    Improvements introduced by allocatee, if any, and estimated value;

5)    Sales Application or CA Number, if any;

6)    A brief narration of the circumstances which constitute the grounds for cancellation of allocation of the lot and

7)    Adverse claimant, if any, and basis of claim.

b)      Recommend to the Provincial Agrarian Reform Officer (PARO) the cancellation of allocation.

6.  Post the summary list of vacant and unallocated lots in the
MARO Office and in other conspicuous locations within the settlement.
Include also an announcement that appeals on lots declared as vacant and
unallocated should be forwarded to the PARO within fifteen (15) days
from date of posting. Failure to do so shall mean waiver of whatever
rights the claimant may have to subject land or lot.

7.  Identify and prioritize the beneficiaries pursuant to DAR
Administrative Order, on identification and registration of
beneficiaries, with the assistance of Barangay Agrarian Reform Committee
(BARC), for consideration in the distribution of available lots.

8.  Consolidate Application Form and prepare Summary Data Sheet
for the new beneficiaries. These shall constitute another Land
Distribution Folder (LDF).

9.  Endorse the LDF to the PARO for review and consolidation.

B. The PARO shall:

1.       Act on, and in proper cases, order the cancellation of
lots as recommended by the MARO within fifteen (15) days from
submission;

2.       Provide copies of the Order of Cancellation to the
allocatee at his last known address, to the MARO and the Regional
Director. The order shall indicate that appeals should be forwarded to
the Regional Director within a specified period of time as the PARO
shall deem appropriate. Failure to do so shall mean waiver of whatever
rights the claimant may five on subject land or lot;

3.       Review and consolidate the LDF of the province;

4.       Prepare CLOAs in the PARO Office:

5.       Endorse the LDF and the CLOAs to the DAR Secretary
through the BLAD (copy furnished the Regional Director) for approval.

C. The Regional Director shall — Act on appeals from order of cancellation of allocation within fifteen (15) days from receipt of copy thereof.

D. The BLAD shall:

1.       Review and evaluate the LDF and CLOAs;

2.       Cause the approval and signature of the Secretary and affix the DAR seal on each CLOA; and

3.       Transmit the signed CLOA to the PARO (copy furnished
MIS and Regional Director) for registration with the Register of Deeds.

E. The Register of Deeds (ROD) shall:

1.       Register the approved CLOAs; and

2.       Transmit the registered CLOAs to the PARO.

F. The PARO shall — Record the CLOAs registered and transmit same to the MARO for distribution.

V
Monitoring/Reporting

A. The MARO shall:

1.       Record and prepare a report on CLOAs distributed to beneficiaries; and

2.       Submit the report to the PARO

B. The PARO shall:

1.       Cross check the CLOAs is distributed against the records for CLOAs registered; and

2.       Submit the report to the Bureau of Land Acquisition and Distribution (BLAD) (copy furnished the R.D.)

C. The BLAD shall:

1.       Review the report and enter the data into the computer;

2.       Generate a monthly summary report on the status and number or CLOAs issued; and

3.       Distribute the summary status report to OSEC, Bureau of Agrarian Reform Beneficiaries Development (BARBD) and MIS.

D. The MIS shall:

1.       Incorporate the summary status report on CLOA issuances with other DAR statistical reports; and

2.       Distribute the report to other DAR units.

E. The BARBD shall:

1.       Conduct quarterly field verification and validation of reports; and

2.       Assess the program on the basis of the above and
prepare pertinent recommendations to the Inter-Bureau/Office Review
Committee or Settlements/Management Committee.

VI
Effectivity and Repealing Clause

This Administrative Order shall take effect ten (10) days after
publication in two (2) national newspapers of general circulation
pursuant to Section 49 of R.A. 6657. All other Orders, Circulars,
Memoranda and Rules and Regulations or portions thereof inconsistent
herewith are hereby revoked, cancelled or modified accordingly.

Adopted: 5 May 1989

(SGD.) PHILIP ELLA JUICO
Secretary

Effective: 13 June 1989