February 5, 1998

DAR MEMORANDUM CIRCULAR NO. 02-98

TO               :      All Regional Directors
                           All Provincial Agrarian Reform Officers
                           All Municipal Agrarian Reform Officers
                           All Others Concerned

SUBJECT    :     Compulsory Acquisition (CA) of
                           Landholdings Covered by Voluntary
                           Offer to Sell (VOS)

Action Required

1.         Review all pending voluntary offer claim folders (VOCFs) to ascertain whether the Landowner (LO) Offeror has submitted the following three (3) basic documents required to be attached to his/her letter-offer (CARP Form No. 1):   IDEHCa

•           Certified copy of the title or if untitled, proof of ownership;

•           Certified copy of the tax declaration; and

•           Certified copy of the approved survey plan of the property.

2.         If said documents are lacking, write the LO to submit same within fifteen (15) days from receipt of your letter.

3.         If after 15 days these documents have not been received inform the LO that the property will be acquired under CA, that he/she may choose or pinpoint his/her retained area, otherwise the DAR will choose his/her retained area (Sec. 6, RA 6657), and that he/she will no longer be entitled to an additional 5% cash payment (Sec. 19, RA 6657).

4.         Proceed to process acquisition using the CA procedure in accordance with Administrative Order No. 2, Series of 1996, as amended.

5.         Reject all letter-offers not supported by the basic documents.

Background

One of the priorities under Phase One of CARP Implementation is the immediate acquisition and distribution of all private agricultural lands voluntarily offered for sale (VOS) by the Los for agrarian reform (Sec. 7, RA 6657).

However, field reports indicate large VOS balances.

Hence, this Memorandum-Circular is issued to accelerate coverage of landholdings initially offered voluntarily for sale to the government and all non-problematic VOS backlog and still pending as of the effectivity of this MC will now be distributed or be transformed into CA by 30 June 1998.

Effectivity

This Memorandum Circular shall take effect ten (10) days after its publication in two (2) newspapers of general circulation pursuant to Section 49, RA 6657.   aEACcS

Diliman, Quezon City, February 5, 1998.

(SGD.) ERNESTO D. GARILAO

Secretary

Published in Two (2) National Newspapers of general circulation:

1.      PHILIPPINE DAILY INQUIRER

2.      MALAYA

Date of Publication — February 11, 1998