July 22, 1997
JOINT DAR-NLSF MEMORANDUM CIRCULAR NO. 26-97
SUBJECT : Implementing Policies and
Section 37, RA 6657 recognizes support services to agrarian reform beneficiaries (ARBs) as a critical component of the Comprehensive Agrarian Reform Program (CARP) in order to enhance productivity of agricultural lands and improve farmers' income. Among these support services are institutional development, credit and linkages with institutions concerned with rural development. CHIScD
To facilitate rural development, the Department of Agrarian Reform (DAR) advocates the principle of agrarian reform communities (ARCs) as convergence areas for all development interventions. Cooperation and collaboration with the different sectors of the government, the NGOs/POs, LGUs and the business sector is being promoted to create more impact on the efforts and interventions being introduced.
Among others, the national Livelihood Support Fund (NLSF), a fund administered by Land Bank of the Philippines (LBP) was tapped to become a partner towards the attainment of total development of the ARCs. This Partnership was formalized through a memorandum of Agreement (MOA) signed by both Secretary Ernesto D. Garilao and LBP President and Chairman of the NLSF Executive Committee Jesli A. Lapus. Under the said MOA both parties agreed to implement a joint program known as the "Livelihood Assistance Program for ARCs."
II. PROGRAM OBJECTIVES
The Program seeks to improve the economic and social conditions in ARCs through credit assistance and institutional development services to members of the ARCs through organized groups and entities.
Specifically the Program aims to:
A. Support the comprehensive development plan of the ARCs based on a strong partnership/tie-up among NLSF, DAR, program partners and target beneficiaries;
B. Enhance the socio-economic development of the ARCs by providing credit funds and institutional services to beneficiaries through credit conduits; and,
C. Strengthen the capability of program implementors and their conduit organizations operating in the ARCs for them to effectively deliver credit and other support services to qualified beneficiaries.
III. THE PROGRAM FUND
A. Credit Fund
1. Internally Sourced Fund
Subject to its credit policies, the NLSF shall make available the credit funds to qualified lending conduits to finance the requirements of the livelihood or income-generating activities of the target beneficiaries in the ARCs.
2. Externally Sourced Fund
Resource mobilization shall be undertaken by both the DAR & NLSF to adequately service the credit demands of the ARBs. Sources may include the following:
• Additional allocation from Agrarian Reform Fund (ARF)
• LGUs, CDF, and other GOs
• ODA/foreign funding
• Other Local Sources
This fund shall be kept in a separate account and shall be subject to the terns and condition stipulated in the agreement between the source of the fund and NLSF/DAR.
B. Institutional Development Fund
1. The DAR shall take the lead role in the sourcing and provision of institutional development fund.
2. Funds for this component may come from other government agencies and from the ODA or foreign bilateral/multilateral assistance intended for support services delivery for the ARCs.
3. Fund allocation/withdrawals for institutional development and capability building purposes (activities, programs and projects) shall first be approved by the PMC as recommended by the TWG with supporting details, budget and justifications.
C. Organization and Management Fund
1. This fund shall be used for activities relative to the administration, management and supervision of the Program.
2 The DAR and NLSF shall pool their resources on a 5-50 sharing basis to sufficiently cover the required budget based on approved Work and Financial Plan as agreed by both parties.
3. The fund shall be administered and managed by the NLSF and shall be disbursed is accordance with government accounting and Commission on Audit rules and regulations.
4. Disbursements shall be based on approved Work and Financial Plan as recommended by the TWG and approved by the PMO.
IV. ORGANIZATION & MANAGEMENT
As an institutional partnership between the DAR and NLSF, the program management shall utilize the parties' existing resources which shall include manpower and logistics. The following structures shall be established to ensure effective program implementation.
A. Program Management Committee (PMC)
The PMC shall be formed to serve as the policy-making body of the program. It shall be composed of the following:
• Assistant Secretary, DAR Support Chairperson Services Office SSO
• Executive Director, National Live- Co-Chairperson lihood Support Fund (NLSF)
• Deputy Executive Director, (NLSF)** Member
• Director DAR-Bureau of Agrarian Member
Reform Beneficiaries Development
• Director DAR-Project Development Member
And Management Service (PDMS)
• Head, Cooperative Lending Department Member
(CLD)-Land Bank of the Philippines
The PMC shall have the following functions:
1. Set the policies and define the priority thrust of the Program.
2. Make representation with their respective agencies for the provision of the required manpower and financial support for the Program.
3. Identify and solicit funding and technical assistance from external sources including training needs of the technical staff of DAR, NLSF and program partners or conduits.
4. Coordinate and synchronize program implementation with their respective agencies priorities. caADIC
5. Resolve issues or matters pertaining to program implementation submitted by the Technical Working Group.
B. Technical Working Group (TWG)
The TWG shall also be organized to oversee the program implementation. It shall be composed of the following:
• Representative, DAR-SSO
• Representative, DAR-BARBD
• Representative, DAR-PDMS
• Head, Account Management and Livelihood Development Group, NLSF
• Head, Institutional Development Group, NLSF
• Head Information and Publications Department, NLSF
• Representative, Cooperative Lending Department (CLD)-LBP
The TWG shall perform the following functions:
1. Prepare the implementing guidelines and procedures of the program for the approval of the PMC.
2. Prepare the program strategies, plans and timetable in coordination with other partners/conduits.
3. Undertake the necessary coordination among the key players in the area/ARCs (i.e. DAR's Development Facilitators, NLSF personnel, conduits, other program partners, etc.) to facilitate the implementation of development assistance/interventions in specific ARCs.
4. Prepare the necessary instruments in data gathering, project monitoring and impact assessment of the program.
5. Performs other functions that may be assigned by the PMC.
C. Program Secretariat (PS)
The Social Entrepreneurship and Enterprise Development Division (SEEDD) of BARBD shall compose the PS. It shall perform the following functions:
1. Monitor processing of applications and coordinate closely with PMC and TWG regarding the status of applications and provide feedback to the applicants.
2. Coordinate with NLSF and DAR field offices regarding the monitoring of the program status.
3. Provide Secretariat support to the PMC and TWG during its regular meeting.
4. Prepare and submit quarterly status reports to the PMC through the TWG.
D. DAR Provincial Office
The DAR Provincial Office shall perform the following functions:
1. Initially screen prospective conduit applicants based on NLSF policies and guidelines.
2. Endorse applications deemed qualified to the NLSF, copy furnished (endorsement letter) to the DAR Regional Office and the Program Secretariat.
3. Ensure that systems for effective program implementation and monitoring are established at the conduit level.
4. Assist the NLSF field staff in the evaluation and monitoring of the programs of conduits with approved funding.
5. Assist program partners/conduits in the identification and delivery of appropriate institutional development services to the target beneficiaries.
6. Provide technical assistance to program partners/conduits in project development and documentation for funds drawdown.
7. Ensure that administrative and logistics support are provided for the program implementation and monitoring; and
8. Prepare and submit quarterly status reports to the PS, copy furnished regional office concerned.
E. DAR Municipal Office
The Development Manager/MARO and the Development Facilitator (DF) will be the direct link and implementing arm of the program at the ARC level. They shall perform the following functions:
1. Assist the applicant-organization in complying with the program documentary requirements;
2. Ensure that sub-projects for funding are consistent with the ARC Development Plan;
3. Assist the NLSF in program validation;
4. Prepare and submit quarterly status report on program implementation to DARPO.
V. POLICY GUIDELINES
A. Area Coverage
The program shall cover the Agrarian Reform Communities (ARCs)
B. Eligible Program Partners
1. People's Organizations
2. Non-Government Organization
3. Rural Financial Institutions
C. Accreditation Criteria
1. Must be duly registered with the Securities and Exchange Commission, Cooperative Development Authority, or Department of Trade and Industry. AHDacC
2. Must have a satisfactory credit record, if applicable.
3. Must have a track record of at least three (3) years of satisfactory/profitable operations in livelihood lending. In case of newly-formed organizations with less than three (3) years track record, a program partner must have successfully undertaken community projects and the members of management must have adequate experience in livelihood development and lending.
4. Must have sufficient manpower for the program capable of handling financial and lending transactions.
5. Must have acceptable and well established internal control accounting and documentation system.
6. Must have bookkeeper/accountant and cashier/treasurer. For cooperatives, the officers must not be related within the second (2nd) degree of consanguinity or affinity.
7. Must not have a past due ratio of more than 25.0% in its lending operations.
8. Must have at least a permanent working capital of P100,000.00. However, in case of NGOs/POs in ARCs, a reduced amount may be considered on a case to case basis provided there is a savings mobilization and capital build-up program that will meet the capital deficiency in one year.
9. Other criteria that may be deemed necessary, by NLSF management.
PARTICIPATING FINANCIAL INSTITUTIONS (PFIs)
1. Must satisfy criteria from 1 to 5 under NGO/PO
2. Must be of good standing/with no major exceptions per Bangko Sentral ng Pilipinas audit.
3. Must have at least ten percent (10%) capital to risk asset ratio.
4. Must not have a past due ratio in its loan portfolio which exceed the following percentages at the time of application:
Commercial Bank — 15.0%
Rural Financial Institutions — 25.0%
5. Must have no legal reserve deficiencies for the last four (4) weeks at the time of application.
D. Target Beneficiaries
1. Wives and dependents of farmers in ARCs
2. Other non-farmer households in ARCs
3. Small farmers for non-traditional crop production and off-farm projects
One (1) year revolving credit line (for relending) to Program Partners (PP) shall be based on credit evaluations, program plans and type/number of beneficiaries with loan limits of P25,000.00 each but not to exceed PP's total asset base. However, in case of LEP's accredited financial institutions, an automatic credit line may be granted equivalent to one-third (1/3) of its credit line with LBP.
The actual drawdown shall be based on the amount of sub-PNs of individual borrowers approved for financing or rediscounting.
Batches of availments/drawdowns shall be co-terminus with the underlying loans/PNs of beneficiaries but not to exceed 3 years. The amortization payment to NLSF shall follow the beneficiaries' terms which shall depend on the type of project of the end user, however, in case of daily, weekly or monthly terms to end-beneficiaries, the Program Partner shall pay NLSF quarterly.
Maximum loan per sub-borrower: P25,000.00
b. Soft Loan for Conduit's Program Operations and Trading of End-Beneficiaries
The loan amount shall depend on the needs of the Program Partners as assessed by NLSF but not to exceed 10.0% of credit line.
The purpose of the soft loan is to finance the start-up costs (first year of operation) of the Program Partner in launching the NLSF — funded credit program while awaiting the streams of income cash flows from the build-up of its loan portfolio, to be used as follows:
a. For administrative expenses such as: salaries of staff directly involved in NLSF lending program (the number depending on the manpower requirement of the program) and training/community organizing costs. of the NLSF target beneficiaries. The operational expenses which are regular in nature are excluded.
b. For logistic support expenses as allowed by NLSF depending on its assessment of the needs of the Program Partners.
c. Other administrative and logistic support expenses which may be subsequently approved by NLSF management.
Soft loan portion for asset acquisition maybe released simultaneously with but not ahead of the credit loan fund.
— Institution/capability building of conduits
This component will cater to the trainings, workshops, skills development seminars, systems installation that will be actually required/needed by the program partners and the end-beneficiaries relative to the implementation of the Program. This is the non-credit component of the program.
F. Financial Charges
1. ONE (1) YEAR REVOLVING CREDIT LINE:
To Conduit/Program Partners — 12%
From Conduit to End-Beneficiaries — to be jointly determined by partner and NLSF to cover all costs with reasonable spread. The actual maximum rate to be allowed requires NLSF approval. DHACES
2. SOFT LOAN
3.0% per annum
Loan duration shall depend on the nature of the soft loan utilization but not to exceed five (5) years.
Note: Interest rates to conduits/program partners are subject to NLSF's periodic review which may increase or decrease. However, there shall be no retroactive escalation/descalation of interest of existing PNs/sub-borrowers' PNs.
G. Availment Terms or Credit Line
Depending on the financial requirements of the end-beneficiaries specified in the loan proposal, fund releases shall be undertaken on credit line availment basis. Initial releases shall be made only after full compliance by the program partner with the guidelines, policies and documentary requirement of NLSF
The subsequent releases may be availed from the credit line provided that the credit line has not yet expired and that there are no past due notes/amortization/s.
In cases where the program partner has failed to undertake a drawdown from the credit line within ninety (90) days from date of approval, the line shall be automatically cancelled.
H. Relending Period
The NLSF funds must be fully relent to end-beneficiaries within thirty (30) days from date of receipt of the fund. Unreleased funds after this period must be returned to NLSF including the interest due it.
I. Past Due Loans
The following instances shall constitute default and shall make the loan due and demandable:
1. Quarterly — non-payment of two (2)
2. Semi-Annual & Annual — non-payment of one (1)
amortization, however, a 30-
day grace period is granted
Up to 12% per annum with 30 days grace period.
1. All promissory notes and underlying collaterals of end-beneficiaries and assets financed by soft loan shall be assigned to NLSF on a continuing basis.
2. Joint and several signatures (JSS) of at least three (3) key officers of the program partner which shall operate in case of default due to diversion/misappropriation of funds, misrepresentation, fraud and gross negligence.
L. Policy On Program Partners Relending
NLSF shall provide loans trough wholesale lending to accredited Program Partners in the form of a none-year revolving credit line. These program partners shall relend the NLSF fund to members of self-help groups (SGHs).
Types of projects to be funded by the program partners include short-gestating income-generating activities and other short-term crop being financed by Land Bank. This, however, shall depend on the needs and capabilities of the beneficiaries to manage.
The following guidelines must be followed in determining the type of project for the end-beneficiaries:
1. Viable and has a ready market for the products or services
2. Able to generate income for the target beneficiaries within a short period of time
3. Within the capability of the end-beneficiaries to manage
4. Must be able to generate savings for the beneficiaries
5. Must comply with all the existing government rules and regulations
6. Must be in accordance with or consistent to the over-all ARC development plan
M. Savings Mobilization
The program partners shall be required to establish a savings mobilization scheme to ensure the continuity of the livelihood development activities of the SGHs even after the full payment of the beneficiary loan to the Program Partners. It may be used as a future capital or as a mutual guarantee fund of the SHGs/sub-borrowers when they organize themselves into formal organizations. However, the program partner shall have mobilized borrowers savings of at least ten percent (10.0%) of the total loan releases during the loan term.
N. Credit Line Renewals/increases
Credit line renewals/increases maybe granted subject to NLSF evaluation of the program partners' credit line availment performance and implementation of the NLSF livelihood Program.
However, automatic credit line renewals/increases maybe granted by NLSF subject to Program Partners' satisfactory availment and repayment performance as well as attainment of Program objectives in its area of operations with updated data bank.
O. Books of Accounts
The program partners shall maintain a separate set of subsidiary records of books of account for NLSF transaction/loans to facilitate identification/monitoring of the NLSF assisted program. A data bank of borrowers profile and loan records shall be maintained at all times for ready reference of NLSF.
P. Audit and Project Proposal
The program partners shall submit annual financial statements duly certified/audited by an independent CPA and program accomplishment and status report. NLSF reserves the right to conduct any time after due notice an examination of books and records, inspection of individual projects reported as financed under the program and appraisal of program status and accomplishments. cACDaH
Q. Loan Restructuring
The NLSF loan is liability of the Program partner and should be paid regardless of the status of the individual loans of beneficiaries. However, in case of adversities caused by force majeure or unexpected events that greatly affect its financial condition, a restructuring of loan terms maybe allowed subject to acceptable remedial and repayment plan.
In no case shall restructuring be allowed if cause of defaults is diversion of loan funds and collection proceeds. The JSS provision shall apply.
R. Documentation and Safekeeping
Loan documents to be used shall be in accordance with NLSF forms. All necessary taxes/fees as required by law relative to the documentation of the approved loan shall be for the account of the Program Partner. Individual sub-PNs being financed shall be kept in custody by the program partner for safekeeping in a well secured vault on behalf of NLSF.
S. Application Requirements
1. Accomplished NLSF Application Form
2. Registration and Incorporation Papers
3. Board Resolution to Borrow
4. Personal Data Sheet of Board of Directors and Principal Officers and 2" X2" pictures with signatures at the back
5. Audited Financial Statements for the last three (3) years, if applicable and latest Interim Financial Statements.
6. Other requirements/s that may be deemed necessary by NLSF management.
VI. PROCEDURAL GUIDELINES
(See Appendix A for the Process Flow)
ACTIVITY PARTY RESPONSIBLE
A. IDENTIFICATION OF PROSPECTIVE PROGRAM PARTNERS
Undertake an information drive NLSF/DAR
On the program through holding
B. LOAN EVALUATION AND PROCESSING
1. Accomplishes and submit the Prospective
NLSF Pre-Evaluation Program
questionnaire (PEQ) to MARO Partner with the
for endorsement to DAR's assistance of DF
Provincial office (PARO)
(See form I)
2. Reviews the PEQ and DF/MARO
submits to the PARO
3. Assists in pre-evaluating the PARO
PEQ following the NLSF
4. Submits NLSF application Prospective
requirements upon passing Program
the program's eligibility Partner
criteria to PARO for endorsement
to NLSF (See Item 5.19)
5. Reviews completeness of submitted PARO
documents prior to endorsement
6. Upon receipt of loan application NLSF/DAR
documents, validates the applicant-
organization's qualification and
capability through the conduct of an
(See Form 2)
7. If results of OAA is positive, NLSF
undertake credit/background investigation.
If there are certain deficiencies
in the organization, management and
operations, the proposal together with
the OAA is endorsed to the
Institutional Development Group.
Please refer to Step 6.3 for
processing of institutional development
8. Notifies applicant-organization of NLSF
validation findings and recommendation
copy furnished the PARO/MARO concerned
C. PROCESSING OF INSTITUTIONAL DEVELOPMENT REQUIREMENTS
1. Evaluates and determines what TWG
specific type of training and
other institutional development
interventions are needed to be
undertaken based on the OAA.
2. Informs PARO on the TWG
specific institutional development
interventions for inclusion in
the ARC action plan.
3. If institutional development PARO
intervention identified are within
the resources and expertise
of the PARO, PARO
development and submits status/
completion report to PS.
4. If institutional development PARO
intervention is not within
the capability of the
PARO (either in resources,
technical capability or both),
the request is transmitted
to TWG for appropriate action.
5. Undertakes the training/institutional NLSF/DAR
development activities. Resource
6. Issues certification on the NLSF/DAR
institutional development Resource
interventions undertaken Institution
addressing the deficiencies
of the applicant-organization.
D. LOAN APPROVAL
1. Prepares credit facility proposal NLSF
and submits/presents to NLSF
Credit Committee and Executive
Committee for deliberation
2. If approved, notifies applicant- NLSF
organization of approval and
requirements for loan
availment copy furnished the
E. LOAN DOCUMENTATION
1. Submits request for fund Program.
release with the list of Partner/
qualified beneficiaries DF/MARO
certified by DF/MARO
concerned, type of projects,
and individual loan amount
2. Conducts pre-release validation NLSF/DF
3. Signs loan documents Program Partner
4. Reviews as to legal NLSF
sufficiency and completeness
F. FUND RELEASE/DRAWDOWN
1. Release loan via fund transfer NLSF
to Program Partner's deposit
account with concerned LBP branch
2. Notifies program partner on NLSF
the fund release, copy furnished
G. LOAN MONITORING/SUPERVISION
1. Conduct post-release requirements NLSF/DF/MARO
of program Partner
2. Reviews post-release requirements NLSF
of Program Partner
3. Submits semi-annual Program Program Partner/
Status Report (See Form 3) DF/MARO
copy furnished PARO/MARO
1. Sending billing letter/notice NLSF
to program Partner thirty (30)
days before due date of loan
amortization, copy furnished
2. Remits amortization payment Program
via Program Partner's account Partner
with designated LBP branch
This Memorandum Circular shall take effect immediately upon approval and shall remain in force unless modified or repealed by subsequent Memorandum Circular. July 22, 1997.
(SGD.) JESLI A. LAPUS
President, Land Bank of the Philippines
and Chairman, NLSF Executive Committee
(SGD.) ERNESTO D. GARILAO
of Agrarian Reform
** "Deputy Executive Director or other MSF official as may be designated by NLSF"