Department of Agrarian Reform

SUBJECT : Adoption Of A Joint DAR-LRA Operations Manual On Land Titling, Registration And Distribution Under The Comprehensive Agrarian Reform Program (CARP)

In consonance with the thrust of the government to intensify the distribution of Emancipation Patents (EPs) and Certificates of Land Ownership Award (CLOAs) to Agrarian Reform Beneficiaries (ARBs), this DAR-LRA Joint Operations Manual is hereby issued to provide uniform and simplified procedures and requirements in the documentation and registration of land transactions under the Agrarian Reform Program of the government pursuant to PD No. 27, EO No. 228, RA No. 6657 and other related laws, and to define the responsibility of the concerned agency. HaDEIc

This Manual outlines the corresponding standard forms and documents/requirements for each activity. It also clearly defines the roles and responsibilities of the DAR Provincial Offices and LRA-Registries of Deeds.

Included in this Manual are pertinent LRA rulings on consultas which will serve as reference in the registration of CARP related documents.

This amends LRA Circular No. 54 dated June 9, 1994 and other related issuances in so far as they are inconsistent herewith.

Please be guided accordingly.

Diliman, Quezon City, 14 June 1996

(SGD.) ERNESTO D. GARILAO

Secretary
Department of Agrarian Reform Land Registration Authority

(SGD.) REYNALDO Y. MAULIT

Administrator

SUBJECT PAGE

I. Transfer of Private Lands from Landowner

to the Republic of the Philippines 1-4

II. Lands under EO 407, S. 1990 as amended

by EO 448, s. 1991 and EO 506, S. 1992 4-7

III. Direct Transfer of Lands from Landowner to ARB 7-8

IV. Transfer of Lands within Settlement and Landed Estates 9

V. Transfer of Lands from Landowner to ARB under

Operation Land Transfer (PD 27/EO 228) 10-12

VI. Transfer of Awarded Lands from ARBs pursuant to

PD 27, EO 228 and RA 6657 (DAR AO No. 8, S. 1995) 12-13

VII. Segregation of Collective CLOA 13-14

VIII. Transfer of Land from Corporations or Partnership to RP 14

IX. Cancellation of EP and CLOA title 15

X. Reconstitution of Lost or Destroyed Original Copy of title 16-18

XI. Activities and documents required under other situations 19-22

XII. Liens and Encumbrances 22-25

XIII. Exemptions From Taxes and Fees 25

XIV. Pertinent LRA Consultas and/or Opinions 26-37

XV. Transactions that may be Registered with ROD even without

Clearance from the DAR 37

XVI. Annexes

— CARP Forms

— Judicial Title Forms

— List of References

— Acronyms Used

AGENCY/UNIT ACTIVITY FORMS/DOCUMENTS

RESPONSIBLE (REQUIREMENTS)

I. TRANSFER OF PRIVATE LANDS FROM LANDOWNER TO RP

PREPARATION/EXECUTION OF DEED OF TRANSFER (DOT), GENERATION AND REGISTRATION OF CERTIFICATE OF LAND OWNERSHIP AWARD (CLOA).

(DOT refers to the document prepared by the Land Bank of the Philippines (LBP) executed by the landowner (LO), transferring his land to the Republic of the Philippines (RP).

A. Titled Lands

1. Where there is DOT

DARPO Transmits notarized DOT and requests 1. Letter request to register

Transfer Certificate of Title (TCT) in the CARP Form No. 18-A),

name of RP. Annex "A".

2. Original Copy and two

additional copies of

DOT (CARP Form No.

13), Annex "B"

3. Owner's duplicate copy

(ODC) of title

4. Realty Tax Clearance up

to end including the

quarter prior to

registration of the DOT

(Sec. 209-B, R.A. 7160)

5. In case of partial

coverage, print copy

of Approved

Segregation/Subdivision

Plan (ASP) and original

copy plus two additional

copies of Technical

Description (TD)

ROD Registers DOT and issues TCT in the Same as above

name of RP.

Releases owner's duplicate copy of 1. Regular Judicial Title

CLOA-title to the Provincial Agrarian Form

Reform Officer (PARO) or his/her

duly authorized representative

2. Where there is no DOT/where DOT is not required

DARPO Requests ROD to issue title in the 1. Letter request to

name of RP. issue RP title CARP,

Form No. 18), Annex

"C"

2. LBP Certification of

Payment (CARP Form

No. 17), Annex "D"

3. In case of partial

coverage, print copy of

ASP and original copy

plus two additional

copies of TD.

ROD Issues TCT in the name of RP Same as above

Releases owner's duplicate copy 1. Regular Judicial Title

of RP Title to PARO or his/her duly Form

authorized representative.

3. Generation and Registration of CLOA

DARPO Upon receipt of RP title, generates CLOA

(original and owner's duplicate certificate) in

the name of the Agrarian Reform Beneficiary

(ARB) and inscribes the encumbrance/lien

in favor of the Land Bank of the Philippines

(LBP)

Requests ROD to register CLOA 1. Letter request to register

CLOA (CARP Form No.

19), Annex "E"

2. ODC of RP Title

3. In case RP Title is

subdivided, print copy of

ASP and original copy

plus two additional

copies of TD.

4. Original and owner's

copy of CLOA

(Judicial Form NO. 140-

A/CLOA Form No. 2-A).

ROD Registers CLOA Same as above

Releases owner's duplicate copy of 1. ODC of CLOA-title

CLOA-title to PARO or his/her duly

authorized representative.

B. Untitled Lands

No need to issue RP title, DAR Provincial Office

(DARPO) shall proceed immediately with the

generation of CLOA.

1. Where there is DOT

DARPO Generates CLOA (original and owner's duplicate

certificate) in favor of ARB and inscribes the

encumbrance/lien in favor of LBP.

Transmits notarized DOT and CLOA to ROD for

registration

Requests ROD to register DOT and 1. Letter-request to

CLOA register DOT and CLOA

(CARP Form No. 19-A)

Annex "EE".

2. Original Copy of DOT

plus two additional

copies.

3. In case of partial

coverage, print copy of

ASP and original copy

plus two additional

copies of TD

4. Realty Tax Clearance up

to and including the

quarter prior to

registration of the DOT

(Sec. 209-B, R.A. 7160)

5. Original and owner's

copy of CLOA (Judicial

Form No. 45-A/CLOA

Form No. 1-A)

ROD Registers DOT and CLOA (under Same as above

Act 3344)

Releases owner's duplicate copy 1. ODC of CLOA-title

of CLOA-title to PARO or his/her

duly authorized representative

2. Where there is no DOT/where DOT is not required

DARPO shall proceed with the generation of

CLOA for registration with ROD

DARPO Generates CLOA (original and owner's duplicate

certificate) in favor of ARB and inscribes the

encumbrance/lien in favor of LBP.

Requests ROD to register CLOA 1. Letter-request to register

CLOA (CARP Form No.

19), Annex "E".

2. Original and owner's

copy of CLOA (Judicial

Form No. 45-A/CLOA

Form No. 1-A)

3. LBP Certification of

Payment

ROD Registers CLOA Same as above

Releases owner's duplicate copy 1. ODC of CLOA-title

of CLOA-title to PARO or his/her

duly authorized representative.

II. LANDS UNDER EO 407, S. 1990, AS AMENDED BY EO 448, S. 1991 AND EO 506, S. 1992.

These refer to lands suitable to agriculture owned by the government instrumentalists, including but not limited to government agencies, government-owned and controlled corporations or private lands foreclosed by government financial institutions which have been ordered to be surrendered to the Department of Agrarian Reform (DAR).

PREPARATION/EXECUTION OF DOT

(DOT refers to the documents executed by Government Financing Institutions (GFIs) and other government entities in transferring their properties to RP.)

A. Lands Foreclosed by GFIs Whose Ownership has been Consolidated

1. Titled Lands

1.1 Transfer from GFI to RP

DARPO Requests ROD to register 1. Letter-request to register

notarized DOT, and issue RP title DOT and issue RP title

(CARP Form No. 18-A)

Annex "A".

2. Original copy of DOT

plus two additional

copies

3. ODC of title

4. In case of partial

coverage, print copy of

ASP and original copy

plus two additional

copies of TD

ROD Issues title in the name of RP Same as above

Releases owner's duplicate copy of 1. Regular Judicial Title

CLOA-title to PARO or his/her duly Form

authorized representative.

1.2 Generation and Registration of CLOA

DARPO Upon receipt of RP title, generates CLOA

(original and owner's duplicate certificate)

in the name of ARB and inscribes the

encumbrance/lien in favor of LBP

Requests ROD to register CLOA 1. Letter-request to register

CLOA (CARP Form No.

19), Annex "E"

2. ODC of RP title

3. In case of partial

coverage, print copy of

ASP and original copy

plus two additional

copies of TD

4. Original and owner's

duplicate copy of CLOA

(Judicial Form No. 45-

A/CLOA Form No. 1-A)

ROD Registers CLOA Same as above

Releases owner's duplicate copy of 1. ODC of CLOA-title

CLOA-title to PARO or his/her duly

authorized representative

B. Lands Foreclosed by GFIs Whose Ownership has not yet been Consolidated.

(Pursuant to MOA by and among LRA, DAR, BIR, and GFIs dated August 28, 1992)

PREPARATION/EXECUTION OF DOT AND GENERATION

OF CLOA FOR TITLED LANDS

DARPO Generates CLOA (original and owner's duplicate

certificate) in favor of ARB and inscribes the

encumbrance/lien in favor of LBP

DARPO Requests ROD to register Affidavit of 1. Letter-request to register

Consolidation, notarized DOT and Affidavit of Consolidation,

CLOA in the name of ARB and inscribes DOT and CLOA

lien/encumbrance in favor of LBP 2. Original copy of DOT

3. ODC of title

4. Affidavit of

consolidation of

ownership

5. Original and owner's

copy of CLOA (Judicial

Form No. 67-B/CLOA

Form No. 6-A)

6. In case of partial

coverage, print copy of

ASP and original copy

plus two additional

copies of TD

ROD Registers Affidavit of Consolidation, Same as above

DOT and CLOA

Releases owner's duplicate certificate 1. ODC of CLOA-title

of CLOA-title to PARO or his/her

duly authorized representative

C. Untitled Government and Public Lands

These refer to lands covered under EO 448 which provides that reservations or portions thereof, which are suitable for agriculture and are no longer needed for the purpose for which they are proclaimed shall be transferred to DAR. Transactions affecting the subject lands will not require the issuance of RP title.

DARPO shall proceed immediately with the generation of CLOA pursuant to DAR MC No. 7, S. 1993 and other existing guidelines.

DARPO Generates CLOA (original and owner's

duplicate certificate of title ) in the name of

ARB and inscribes the survey lien in favor

of the Department of Environment and

Natural Resources. (DENR), if applicable.

DARPO Requests ROD to register CLOA 1. Letter-request to register

CLOA (CARP Form No.

19) Annex "E".

2. MOA between the

government agencies

concerned and DAR

relative to the transfer of

untitled government

lands to DAR pursuant to

EO 407, S.1990 as

amended by EO 448,

S. 1991 and EO 506, S.

1992.

3. Original and owner's

copy of CLOA (Judicial

Form No. 67-B/CLOA

Form No. 6-A)

ROD Registers CLOA Same as above

Releases owner's duplicate certificate 1. ODC of CLOA-title

of CLOA-title to PARO or his/her duly

authorized representative

III. DIRECT TRANSFER OF LANDS FROM LANDOWNER TO ARB

Voluntary Land Transfer (VLT)/Direct Payment Scheme (DPS) is a voluntary agreement whereby the Landowner (LO) directly transfers the land in favor of a qualified ARB pursuant to DAR A.O. No. 2-95.

A. Titled Lands

DARPO Upon approval of notarized Deed of Voluntary

Land Transfer (DVLT) by the Regional Director

generates CLOA (original and owner's duplicate

certificate) in the name of the ARB and

inscribes the encumbrance/lien in favor of LO

Requests ROD to register DVLT and 1. Letter-request to

CLOA register DVLT and

CLOA (CARP Form No.

20), Annex "F"

2. Original copy and two

duplicate copies of

DVLT (VLT/DPS) Form

No. 7), Annex "G"

3. ODC of title

4. In case of partial

coverage, print copy of

ASP and original copy

plus two additional

copies of TD.

5. Realty Tax Clearance up

to and including the

quarter prior to

registration of the DOT

(Sec. 209-B, RA 7160)

6. Original and owner's

copy of CLOA (Judicial

Form No. 140-A/CLOA

Form No. 2-A)

ROD Registers DVLT and CLOA Same as above

Releases owner's duplicate certificate 1. ODC of CLOA-title

of CLOA-title to PARO or his/her duly

authorized representative

B. Untitled Lands

DARPO Upon approval of notarized DVLT

by the Regional Director, generates

CLOA (original and owner's duplicate

certificate) in the name of the ARB

and inscribes the encumbrance/lien in

favor of LO.

Requests ROD to register DVLT 1. Letter-request to register

and CLOA DVLT and CLOA

(CARP Form No. 20),

Annex "F"

2. Original and owner's

copy of CLOA (Judicial

Form No. 45-A/CLOA

Form No. 1-A)

3. Original copy of DVLT

(VLT/DPS Form No. 7),

Annex "G"

4. In case of partial

coverage, print copy of

ASP and original copy

plus two additional

copies of TD.

5. Realty Tax Clearance up

to and including the

quarter prior to

registration of the DOT

(Sec. 209-B, RA 7160)

ROD Registers DVLT and CLOA Same as above

Releases owner's duplicate certificate 1. ODC of CLOA-title

of CLOA-title to PARO or his/her

duly authorized representative

IV. TRANSFER OF LANDS WITHIN SETTLEMENT PROJECTS AND LANDED ESTATES

A. Generation and Registration of CLOA (Settlement Projects)

DARPO Generates CLOA (original and owner's

duplicate certificate) in the name of

ARB (Settler-allocatee) based on land

distribution folder prepared pursuant to

DAR AO No. 9, S. 1989.

Requests ROD to register the same 1. Letter-request to

Form No. 19), Annex "E"

2. Original and owner's

copy of CLOA (Judicial

Form No. 109-A/CLOA

Form No. 7-A)

ROD Registers CLOA Same as above

Releases owner's duplicate certificate 1. ODC of CLOA-title

of CLOA-title to PARO or his/her

duly authorized representative

B. Generation and Registration of CLOA (Landed Estates)

DARPO Generates CLOA (original and

owner's duplicate certificate) in the

name of the ARB and inscribes

the outstanding account of an awardee

in favor of DAR pursuant to DAR

No. 3, S. 1990

Requests ROD to register the same 1. Letter-request to register

CLOA (CARP Form No.

19), Annex "E"

2. Original and owner's

copy of CLOA (Judicial

Form No. 103-A/CLOA

Form No. 7-A)

ROD Registers CLOA Same as above

Releases owner's duplicate certificate 1. ODC of CLOA-title

of CLOA-title to PARO or his/her duly

authorized representative

V. TRANSFER OF LANDS FROM LANDOWNER TO ARB UNDER OPERATION LAND TRANSFER (OLT), (P.D. 27/EO 228)

A. Through LBP Financing

1. Titled Lands

DARPO Generates Emancipation Patent (EP)

(original and owner's duplicate

certificate) in the name of ARB

and inscribes the encumbrance/lien

in favor of LBP

Requests ROD to register the same 1. Letter-request to register

EP (CARP Form No.

21), Annex "H"

2. Original and owner's

copy EP (Judicial Form

No. 109-F)

3. LBP Certification of

payment

4. In case of partial

coverage, print copy of

ASP and original copy

plus two additional

copies of TD

NOTE: No need to

surrender ODC

ROD Registers EP Same as above

Releases owner's duplicate of EP 1. ODC of EP-title

- title to PARO or his/her duly

authorized representative

2. Untitled Lands

DARPO Generates (EP) (original and owner's

duplicate certificate) in the name of ARB

and inscribes the encumbrance/lien

in favor of LBP

Requests ROD to register the same 1. Letter-request to register

EP (CARP Form No.

21), Annex "H"

2. Original and owner's

copy EP (Judicial Form

No. 103-F)

3. LBP Certification of

payment

4. In case of partial

coverage, print copy of

ASP and original copy

plus two additional

copies of TD

ROD Registers EP Same as above

Releases owner's duplicate of EP 1. ODC of EP-title

- title to PARO or his/her duly

authorized representative

B. Direct Payment on OLT Areas MAR MC No. 16, S. 1981

1. Titled Lands

DARPO Upon approval of notarized

DOT by the Regional Director,

generates EP (original and

owner's duplicate certificate) in the

name of the ARB and inscribes the

encumbrance/lien in favor of LO

Requests ROD to register DOT and EP 1. Letter-request to register

DOT and EP (CARP

Form No. 21-A), Annex

"HH"

2. Original copy of DOT

(OLP/DPS Form No. 22)

Annex "I"

3. ODC of title

4. In case of partial

coverage, print copy of

ASP and original copy

plus two additional

copies of TD

5. Realty Tax Clearance up

to and including the

quarter prior to

registration of the DOT

(Sec. 209-B, RA 7160)

6. Original and owner's

copy of EP (Judicial

Form No. 109-F)

ROD Registers DOT and EP Same as above

Releases owner's duplicate of EP-title 1. ODC of EP-title

to PARO or his/her duly authorized

representative

2. Untitled Lands

DARPO Upon approval of notarized DOT

by the Regional Director, generates

EP (original and owner's duplicate

certificate) in the name of the ARB and

inscribes the encumbrance/lien in favor of LO

Requests ROD to register DOT and EP 1. Letter-request to register

DOT and EP (CARP

Form No. 21-A), Annex

"HH"

2. Original and owner's

copy of EP (Judicial

Form No. 109-E)

3. Original copy of DOT

(Annex "I")

4. In case of partial

coverage, print copy of

ASP and original copy

plus two additional

copies of TD

5. Realty Tax Clearance up

to and including the

quarter prior to

registration of the DOT

(Sec. 203-B, 7160).

ROD Registers DOT and EP (under Same as above

Act 3344)

Releases owner's duplicate of 1. ODC of EP-title

EP-title to PARO or his/her duly

authorized representative

VI. TRANSFER OF AWARDED LANDS FROM ARBs PURSUANT TO PD 27 AND EO 228 AND RA 6657-DAR AO NO. 8-95 (REGISTRATION OF TRANSACTION)

(For lands covered under RA 6657, the prohibitive ten-year period shall be observed.)

DARPO Processes and reviews documents 1. Written request to

submitted by awardee/transferor transfer the awarded land

2. LBP Certification of Full

Payment if financed by

said Bank or by DAR if

under VLT/DPS

3. Realty Tax Clearance up

to and including the

quarter prior to

registration of the DOT

(Sec. 209-B, RA 7160)

4. Affidavit of transferor

stating that subject

property is not under

litigation

5. Certification from NIA

that subject land is either

irrigated or not

DARPO Requires the buyer-transferee to 1. Affidavit of aggregate

submit documents area of agricultural lands

2. Certification by the

Assessor's Office

regarding the extent of

agricultural landholdings

ROD Transmits to ROD DAR clearance/ 1. Transmittal letter of

order of approval issued by the RD PARO

2. Order of Approval by

Regional Director (Carp

Form No. 23), Annex "J"

3. Original copy of Deed of

Sale

4. Realty Tax Clearance

5. ODC of CLOA-title

Requires submission of proof of Same as above plus the

payment following:

1. Proof of payment of

documentary stamp tax

2. Proof of payment of

capital gains tax

3. Proof of payment of land

transfer tax

Registers the Deed of Sale/Transfer

of awarded land

Issues TCT 1. TCT using regular

Judicial Form (Judicial

Form No. 109 or 140 as

the case may be)

Annotates at the back of TCT the

non-negotiability for conversion of

the subject property (in appropriate

cases)

Releases the owner's duplicate 1. ODC of title

certificate of title to the transferee

VII. SEGREGATION OF COLLECTIVE CLOA (DAR AO NO. 3, SERIES OF 1993 — Rules and Regulations Governing the Issuance of Collective CLOA and Subsequent Issuance of Individual Title to Co-owners

DARPO Prepares a Deed of Partition for the 1. Deed of Partition (CARP

signature of all the co-owners based Form No. 24), Annex "K"

on the ASP 2. Copy of ASP and original

copy plus

DARPO Retrieves the ODC of the collective

CLOA-title from ARB

Generates TCT CLOA for each

co-owner based on ASP and the duly

notarized Deed of Partition

Transmits TCT CLOA and Deed of 1. Letter-request to register

Partition to ROD for registration CLOA and Deed of

Partition

2. Original and owner's

copy of TCT CLOA

3. Print copy of ASP and

original copy plus two

additional copies of TD

4. ODC of CLOA-title

Surrenders ODC of Collective CLOA

-title to ROD

ROD Cancels the collective CLOA-title

Registers TCT-CLOA and Deed 1. Judicial Form No. 140-A

of Partition for private lands and

settlement

2. Judicial Form No. 109-A

for landed estate

Releases owner's duplicate certificate 1. ODC of title

of title to PARO or his/her duly

authorized representative

VIII. TRANSFER OF LAND FROM CORPORATIONS OR PARTNERSHIPS TO RP

A. Where Landowner is a Corporation

Same activities as in Transfer of Same requirements as in

Private Lands to RP (Item No. I) Transfer of Private Lands

above (Item No. I) above plus

Board Resolution or Secretary's

Certificate allowing

the transfer and designating

the officer authorized to

sign the DOT for the

corporation.

B. Where Landowner is a Partnership

Same activities as in Transfer of Same requirements as in

Private Lands to RP (Item No. I) Transfer of Private Lands

above (Item No. I) above plus

Articles of Partnership

showing that signatory to

DOT is a partner

IX. CANCELLATION OF EP AND CLOA TITLES PURSUANT TO DAR AO NO. 2, S. 1994

A. DARAB Cancellation

Registered EPs/CLOAs, whether

distributed or not, may only be

cancelled or corrected by the order

of the Provincial Agrarian Reform

Adjudicator (PARAD) based on

the grounds enumerated in IV (B)

of Administrative Order No. 2, S-94

The order of the DAR Adjudication

Board (DARAB) may include the

ejectment of the ARB, the

cancellation of the title (EP/CLOA)

previously registered and its

corresponding ODC and reallocation

to another qualified ARB as

determined by the DAR

DARPO Upon receipt of the DARAB Order,

generates OCT/TCT/CLOA as the case

may be (original and owner's duplicate

certificate) and inscribes the lien/encumbrance

in favor of LBP/LO

Forwards signed and sealed CLOAs/EPs

to ROD for registration

ROD Registers CLOA and causes the 1. DARAB Order

cancellation of the original and ODC 2. Original and owner's

of EP/CLOA title on file duplicate of EP/CLOA

3. ODC of EP/CLOA to be

cancelled or DARAB

Order nullifying the same

Releases ODC to PARO or his/her 1. ODC of EP/CLOA-title

duly authorized representative

X. RECONSTITUTION OF LOST OR DESTROYED ORIGINAL COPY OF TITLE (Pursuant to DAR MC 5, S-94)

Where the original copy of the certificate of title is either lost or destroyed, EPs/CLOAs shall be allowed provisional registration pursuant to LRA Circular No. 3 upon submission of proof that an application or petition has been filed by the landowner or DAR for the judicial or administrative reconstitution of the title. Such proof may consist of a copy of the petition duly received by the Registrar of Deeds; or a certification to that effect issued by the Clerk of Court or Registrar of Deeds.

A. Administrative Reconstitution

(Pursuant to RA 6732, as implemented

by LRA Circular No. 13, S-89)

DARPO Files petition for administrative 1. CARP Form No. 25,

reconstitution with ROD (Annex "L")

2. Three (3) legible xerox

copies of title

authenticated by ROD

from the ODC of title

3. Three (3) legible xerox

copies of the latest tax

declaration

4. Three (3) legible xerox

copies of the notice of

coverage

Requests the ROD to register 1. Letter-request to register

EP/CLOA EP/CLOA

2. Proof of filing of the

petition for reconstitution

3. Original and duplicate

copy of EP/CLOA

4. ODC of title

Surrenders the ODC of title to ROD

ROD Issues reconstituted title and releases Same as above

the owner's or co-owner's certificate of

title to DAR

B. Judicial Reconstitution

DARPO Files petition for judicial reconstitution 1. CARP Form No. 26,

with Regional Trial Court (RTC) (Annex "M")

2. Certification of ROD that

the original copy of title

was lost or destroyed

3. Three xerox copies of

notice of coverage

1. Letter-request to register

EP/CLOA-title

2. Proof of filing of the

petition

3. Original and duplicate

copy of EP/CLOA

Requests the ROD to register 4. Surrender of ODC, in

EP/CLOA appropriate cases

C. Registration Procedure

(For Administrative and Judicial

Reconstitution)

ROD 1. Upon receipt of EP and/or CLOA,

the same shall be assigned an entry

number and entered in the Primary

Entry Book for CARP transactions

2. The EP an/or CLOA shall not be

signed but the following certification

shall be endorsed at the back thereof

and signed by the Registrar of Deeds.

"THIS IS TO CERTIFY THAT THIS EP/CLOA HAS BEEN ENTERED IN THE PRIMARY ENTRY BOOK FOR CARP TRANSACTIONS AND SHALL BE SIGNED AFTER THE RECONSTITUTION OF THE ORIGINAL COPY OF THE TITLE INVOLVED.

REGISTRAR OF DEEDS"

3. The original copy of the EP/CLOA

shall be assigned a temporary number

to be replaced after the approval

of the petition for reconstitution.

For this purpose, the Registrar of

Deeds shall provide a Provisional

Registration Book which shall contain

400 titles. The first volume shall start

with temporary number 1, the second

volume with temporary number 401,

and so on.

4. The original copy of the EP/CLOA

shall be retained in the registry, while

the owner's duplicate copy thereof

shall be released to the duly authorized

representative of the DAR for distribution

to the farmer-beneficiaries.

5. For purposes of cross reference, the

Registrar of Deeds shall prepare an

index card for each title subject of

provisional registration, indicating therein

the actual title number and the temporary

number assigned to it, as well as such

other information as may be necessary

to expedite search and retrieval of

records. The index card shall be arranged

numerically in accordance with the actual

title number.

6. After the certificate of title has been

duly reconstituted, registration may be

completed without the need of re-entering

the instrument. The original entry number

as reflected in the Primary Entry Book

shall be used for this purpose.

7. Provisional Registration Books and Index

Cards exclusive to CARP transactions

shall be prepared

8. Issues the reconstituted title and releases

the same to the DAR together with the

owner's or co-owner's title.

XI. ACTIVITIES DOCUMENTS REQUIRED UNDER OTHER SITUATIONS

In case of titled land, the general rule is

that only the registered owner may

transfer or convey the land. Consequently,

where the DOT is executed by one other

than the registered owner, the basis of the

authority of the party who transfers the

property must be submitted to the Registry

of Deeds, together with the requirements

necessary for registration in connection

herewith. In proper cases, the following

parties may execute the DOT in lieu of the

registered owner, subject to the pertinent

applicable requirements:

A. Where the signatories to the DOT are the

heirs, the estate of the deceased must

first be settled either extrajudicially or

judicially. The documents necessary for

registration are:

1. If settlement is extrajudicial 1. Deed of extra judicial

settlement

2. ODC of title

3. Estate Tax Clearance

4. Affidavit of publication

5. Payment of land transfer

tax

6. Realty tax clearance

7. Latest tax declaration

2. If settlement is judicial

a. During pendency of proceedings 1. Court authority or

approval to sell/dispose

of the property

2. Letter of administration

3. Administrator's oath of

office

a. After termination of proceedings 1. Court order approving

settlement of estate

2. Certificate of finality of

order

3. Estate Tax Clearance

4. Realty Tax Clearance

5. Payment of land transfer

tax

6. Latest tax declaration

B. Where the signatory is an

attorney-in-fact, he must be duly

authorized by means of a special

power of attorney or a general power

of attorney which includes a special

power to sell. If the power of attorney was

executed abroad, it must be authenticated

by the Philippine Consul.

C. Where the signatory to the DOT is the

guardian/administrator of the estate of a

minor or incompetent person, the following

requirements should be complied with:

1. If the guardian/administrator is the 1. Court order approving

father and/or mother of the minor the DOT

whose property is worth P50,000.00 2. Certificate of finality of

or less order

2. If the guardian/administrator is the 1. Surety bond approved

father and/or mother of the minor by the court

whose property is worth more than 2. Court order approving

P50,000.00 the DOT

3. If the guardian/administrator is one 3. Certificate of finality of

other than the parents order

1. Letters of guardianship

2. Surety bond approved by

the court

3. Court order approving

the DOT

4. Certificate of finality of

order

D. In case the DOT involves a foreclosed

property where the period of redemption

has already expired but ownership has not

yet been consolidated in the auction venue

before the latter's transfer, the following are

the requirements:

1. If auction vendee is a corporation or 1. Affidavit of consolidation

partnership 2. Proof of payment of

documentary stamp tax

3. Proof of payment of

capital gains tax

4. Proof of payment of land

transfer tax

5. Realty tax clearance

6. Latest tax declaration

7. In case of a corporation,

an authenticated Board

Resolution or Secretary's

certificate duly

notarized, allowing the

transfer of the property

and designating the

officer authorized to sign

the DOT

8. In case of a partnership,

an authenticated copy of

the articles of partnership

showing that the signatory

to the DOT is one of the

general partners or

managing partner

2. If auction vendee is a natural person 1. Affidavit of

consolidation of

ownership

2. Proof of payment of

documentary stamp tax

3. Proof of payment of

capital gains tax

4. Proof of payment of land

transfer tax

5. Realty tax clearance

6. Latest tax declaration

E. Where the signatory to the DOT is the

winning party to a court case, the

following additional documents shall

be required:

1. In actions for annulment of title, 1. Certified copy of court

rescission of contracts, reconveyance decision

of property or specific performance 2. Certificate of finality

2. In actions involving money 3. Surrender of owner's

judgment duplicate certificate or

court order nullifying the

same

1. Sheriff's final deed of

sale

2. Surrender of owner's

duplicate certificate or

court order nullifying the

same

F. Where the signatory to the DOT is the

transferee of the property and the certificate

of title has not yet been issued in his name,

the requirements in each particular case are

the following:

1. In case of donations 1. Deed of donation

2. Proof of payment of

donors tax

3. Proof of payment of land

transfer tax

4. Realty tax clearance

5. Latest tax declaration

6. ODC of title

2. In case of sale or assignment

3. In case of barter or exchange 1. Proof of payment of

capital gains tax

2. Proof of payment of land

transfer tax

3. Realty tax clearance

4. Proof of payment of

documentary stamp tax

5. Latest tax declaration

6. Owner's duplicate

certificate of all titles

involved

The instruments referred to the above shall

be treated as ordinary transactions and shall

therefore be entered in the regular Primary Entry

Book of the registry and subject to the payment

of the usual entry and registration fees.

In other instances not included in the foregoing,

the deed of instrument evidencing ownership

shall be required and its registrability determined

by ROD. If registrable, the pertinent requirements

relative thereto, such as transfer tax, capital gains

tax, documentary stamp tax, realty tax clearance,

etc. shall be submitted.

XII. LIENS AND ENCUMBRANCES

In cases where the landowner's title is subject to

certain liens and encumbrances, the same shall be

carried over in the RP title, as well as in the EP

or CLOA to be issued unless the appropriate

instrument for their cancellation is likewise registered.

For purposes of cancellation, the following appropriate

instruments are required:

1. Instrument executed by

A. Mortgages the mortgagee releasing

or discharging the

mortgage (Sec. 62, P.D.

1529); or

2. Order of the court (Sec.

108, P.D. 1529)

B. Leases

1. Before expiration of the lease 1. Public document

executed by lessor and

lessee terminating,

cancelling or discharging

the lease; or

2. Order of the court (Sec.

108, P.D. 1529)

2. After expiration of the lease 1. Instrument executed by

the lessee cancelling or

discharging the lease

(Sec. 62, P.D. 1529); or

2. Order of the court (Sec.

108, P.D. 1529)

C. Notice of Lis Pendens (Sec. 77, PD 1529)

1. Before final judgment 1. By verified petition of

party who caused the

registration of the notice

(Sec. 77, P.D. 1529), or

2. Order of the court

2. After final judgment 1. Registration of a

certificate of the Clerk of

Court stating that final

judgment is in favor of

the defendant, or other

disposition of the action

as to terminate finally all

rights of the plaintiff to

the land (Sec. 77, P.D.

1529); or

2. Order of the court (Sec.

108, P.D. 1529)

D. Adverse Claim

1. Before the lapse of thirty (30) days 1. Order of the court (Sec.

70, P.D. 1529)

2. Sworn petition of the

adverse claimant

withdrawing the adverse

claim (Sec. 70, P.D.

1529)

2. After the lapse of thirty (30) days 1. Verified petition to the

from registration of the claim ROD by the party in

interest (Sec. 70, P.D.

1529)

E. Attachment/Execution

1. Certificate of entry of

order, decision or

judgment dissolving or

cancelling the attachment

or levy from the Clerk of

Court or Judge who

rendered the order,

decision or judgment and

under the seal of the

court. (Sec. 72, P.D.

1529); or

2. A public instrument

executed by the attaching

creditor lifting the

attachment or levy (Sec.

72, P.D. 1529)

F. Liabilities in Favor of Heirs and

Creditors Under Sec. 4, Rule 74

of the Rules of Court

1. Sworn petition filed with

the Registry of Deeds

stating that two years

have elapsed without any

legal heir or creditor

filing a claim over the

property

G. Two-year Reservation on Administratively

Reconstituted Titles Under Sec. 7, RA 20

1. Court Order to cancel the

reservation regardless of

whether the two-year

period has expired or

not.

H. Cadastral Survey Costs

1. Official receipt of

payment issued by the

DENR or local treasurer.

I. Usufructuary Right/Easement/Servitude

1. Public instrument

dissolving, lifting or

cancelling the

encumbrance executed by

the party in whose favor

the usufruct, easement or

servitude was created

(Sec. 72, P.D. 1529); or

2. Order of the court (Sec.

108, P.D. 1529)

J. Tax Lien

1. Notice from BIR lifting

the lien; or

2. Order of the court (Sec.

108, P.D. 1529)

K. Attorney's Lien/Money Claims

1. Public instrument

dissolving, releasing or

cancelling the lien

executed by the party in

whose favor the

lien/claim was

constituted (Sec. 108,

P.D. 1529)

2. Order of the court (Sec.

108, PD 1529)

XIII. EXEMPTIONS FROM TAXES AND FEES

Transactions under CARP involving transfer of ownership, whether from natural or juridical persons, shall be exempted from taxes arising from capital gains. These transactions shall also be exempt from the payment of registration fees and other taxes and fees for the conveyance or transfer of real properties. However, arrearages in real estate taxes, without penalty or interest, shall be deductible from the compensation to which the landowner may be entitled (Sec. 66, R.A. 6657).

Registrars of Deeds shall register, free from payment of all fees and other charges, patents, titles and documents required for the implementation of the CARP (Sec. 28, EO 229, S. 1987, Sec. 67, R.A. 6657).

All transactions/activities and other corresponding documents that are registered with the Registry of Deeds pursuant to PD 27 and EO 228, S. 1987, shall be free from all documentary stamps and registration fees (Sec. 13, EO 228).

No fee, premium or tax of any kind shall be charged or imposed in connection with the issuance of an original Emancipation Patent and for the registration of related documents (Sec. 105, PD 1529).

XIV. PERTINENT CONSULTAS (Rulings) AND/OR OPINION

Quoted hereunder are the pertinent provisions of Section 117 of Presidential Decree No. 1529, otherwise known as the Property Registration Decree on CONSULTAS, to wit:

". . . When the Registrar of Deeds is in doubt with regard to the proper step to be taken or memorandum to be made in pursuance of any deed, mortgage or other instrument presented to him for registration, or where any party in interest does not agree with the action taken by the Registrar of Deeds with reference to any such instrument, the question shall be submitted to the Commissioner of Land Registration by the Registrar of Deeds, or by the party in interest thru the Registrar of Deeds."

"xxx xxx xxx

"The Commissioner of Land Registration, considering the consulta and the records certified to him after notice to the parties and hearing, shall enter an order prescribing the steps to be taken or memorandum to be made. His resolution or ruling in consulta shall be conclusive and binding upon all Registrars of Deeds, . . . . ." (emphasis supplied) AaITCH

Moreover, even when an appeal is taken from the Resolution, the appeal shall not stay or suspend the resolution as provided in Paragraph 12 of Administrative Circular No. 1-95 (Revised Circular No. 1-91) dated 15 December 1995 of the Supreme Court which is quoted hereunder, to wit:

"Effect of Appeal the appeal shall not stay the award, judgment, final order, or resolution sought to be reviewed unless the Court of Appeals shall direct otherwise upon such terms as it may deem just,"

- Even granting that the property affected by the court order is tenanted and devoted to rice, still the provisions of P.D. 27 will find no application on the question of its registrability since the order in questions is involuntary in nature and thus excluded from the scope of the Decree and its implementing circulars. - Consulta No. 1008

- LRC Circular No. 268, dated April 7, 1975, complementing LRC Circular No. 232 and Department of Justice Circular No. 13, dated April 2, 1975, provides for the cases where voluntary instruments executed after October 21, 1972 which purports to divide or subdivide tenanted private agricultural lands primarily devoted to rice and/or corn may be registered, one of which is "where the land is owned in co-ownership as of October 21, 1972 and the names of the co-owners are stated in the certificate of title." - Consulta No. 1031

- While a compromise agreement is voluntary in nature, the order of the court which gave effect to the same is, however, an involuntary instrument, thus excluding said agreement from the coverage of LRC Circular No. 232 implementing the provision of P.D. 27 (Consulta No. 996) - Consulta No. 1040

- A deed of repurchase executed pursuant to a compromise agreement approved by the court and the subsequent subdivision agreement executed by the purchasers specifying the portions that should pertain to each of them are outside the scope of PD 27 - Consulta No. 1040

- A subdivision agreement executed by the co-heirs adjudicating the property among themselves is excepted from the coverage of PD 27 where the land was acquired by said heirs through hereditary succession prior to October 21, 1972. Consulta No. 1040

- A final deed of sale, being the resultant effect of an extra-judicial foreclosure sale which is involuntary in character, is excluded from the context of LRC Circular No. 268. - Consulta No. 1046

- The provision of LRC Circular No. 268 requiring the party registrant to present an affidavit to the effect that the land involved is not devoted to the production of rice and/or corn, and is not tenanted refers only to voluntary transactions. - Consulta No. 1046

- A deed of sale involving lands devoted to the cultivation of rice or corn may not be registered in the absence of an affidavit to the effect that the lands involved are not tenanted. - Consulta No. 1081

- Where after the registration of the mortgage the property was subjected to land reform under P.D. 27 and the corresponding certificate of land transfer issued therefor, the right of the mortgagor to enforce his lien through foreclosure proceedings no longer subsists, thereby rendering unregistrable the certificate of sale issued as a foreclosure proceedings (Department of Justice Opinion No. 92, s. 1978). - Consulta No. 1137

- Before a deed of extrajudicial settlement of estate with sale executed by the heirs of the registered owner of an agricultural land may be admitted for registration, a certification from the Ministry of Agrarian Reform that the land is not covered by Operation Land Transfer must first be secured notwithstanding a certification to the effect that the land is not included in the carpet parcellary mapping - Consulta No. 1204 cSHIaA

- Where the application for retention of the property subject of the mortgage has been approved and the land was certified by the Ministry of Agrarian Reform as not subject to Operation Land Transfer but only covered by leasehold operation in which the tenant and the landowner are merely required to enter into a leasehold contract, the mortgage deed may be registered - Consulta No. 1221

- The provisions of Section 106, P.D. 1529, requiring the execution of an affidavit of non-tenancy, find application where the land involved is untenanted agricultural land or if tenanted, the same is not primarily devoted to the production of rice and/or corn. If the land involved is a tenanted rice or corn land, the same is not subject to alienation or encumbrance and consequently, the requirement regarding the affidavit of non-tenancy will have no occasion to apply. - Consulta No. 1318

- The requirement of submitting an affidavit of non-tenancy is a measure designed to protect the tenant-farmers who under P.D. 27 were emancipated from the bondage of the soil by preventing the encumbrance or alienation of the lands they are tilling - Consulta No. 1318

- The registration of voluntary transactions involving tenanted private agricultural lands devoted to the production of rice and/or corn is now prohibited pending the promulgation of rules and regulations implementing (land) reform by the Department of Agrarian Reform, (Busuego vs. Land Registration Commission, CA - G.R. No. SP-04686, September 9, 1976; Consulta No. 1005 ) - Consulta No. 1318

- The court orders sought to be registered, not being in the nature of voluntary transactions, need not be accompanied by the affidavit of non-tenancy nor the MAR certification considering that Circular No. 13, dated April 2, 1975 of the Department of Justice, as implemented by LRC Circular No. 268, dated April 7, 1975, requiring the presentation of the affidavit of non-tenancy, and Circular No. 14, dated March 15, 1979 of the Ministry of Justice which requires the submission of a certification from the Ministry of Agrarian Reform that the land subject of the transaction is not covered by Operation Land Transfer, both refer to voluntary deeds or instruments purporting to be a subdivision, mortgage, sale or any other mode of encumbrance or conveyance of private agricultural lands. - Consulta No. 1356

- Since the coverage of P.D. 27 does not extend to all private agricultural lands regardless of the use to which they are devoted but is limited to private agricultural lands principally used for the cultivation of rice or corn, the Ministry of Agrarian Reform certification that the land subject of the transaction is not covered by Operation Land Transfer is not required where the land subject of the sale per its tax declaration is a salt field and a fish pond - Consulta No. 1551

- A deed of sale of agricultural land accompanied by a MAR certification that the land subject of the transaction is not covered by Operation Land Transfer may be admitted for registration notwithstanding a conflicting certification that the land in question is occupied by certain persons where said certification does not state that the occupants are tenants; that on the basis of an ocular inspection the occupants and their children who are not tenants are the previous landowners; and that the land is not devoted to the production of rice or corn - Consulta No. 1597

- The sale executed by the registered owner prior to June 15, 1988 of her one-half undivided share in the parcels of tenanted land consisting of 11.1677 hectares in favor of her children who are also co-owners may, if filed for registration within the three-month period from the effectivity of R.A. 6657, be registered where the Agrarian Reform Team interposes no objection thereto and the transferees' landholdings shall not exceed the ceiling set by law - Consulta No. 1701

- While lands with areas above the retention limit of twenty four hectares shall be acquired and distributed only on the sixth year of the implementation of R.A. 6657, it does not mean that said realties are not in the meantime covered by the prohibition against sale and disposition because the legal mandate to acquire and distribute private landholdings came into force when the law took effect and that only its implementation is divided into several phases - Consulta No. 1757 HSAcaE

- The fact that the deed of donation involves coconut lands which are not tenanted does not exempt the same from the scope of R.A. 6657 in view of Section 4 thereof which states that the CARL shall cover, regardless of tenurial arrangement and commodity produced, all public and private agricultural lands - Consulta No. 1757

- In determining the applicable requirements for the registration of an extrajudicial partition filed after the effectivity of the CARL involving the one-half share of the deceased who died prior to the passage of said law, R.A. 6657 should apply for being a later legislation and more comprehensive in its coverage than P.D. 27 - Consulta No. 1762

- In order to effect payment for the government's acquisition of the property direct to the vendee, a deed of sale executed prior to R.A 6657 and filed for registration after the expiration of the three-month period from the effectivity of the law may be registered where the Land Bank of the Philippines, recognizing the sale made by the original owner, acquired the property for distribution to qualified beneficiaries. - Consulta No. 1784

- Where prior to the effectivity of R.A. 6657 the parcels of land consisting of sixty-one hectares have been converted into a subdivision project by the municipal council, and National Housing Authority has issued a license to sell the disposable lots within the subdivision while the municipal mayor has given permit to construct residential, commercial, and industrial buildings within the area, the sale of one of the parcels after the CARL took effect may be registered since the property is beyond the coverage of CARP, being non-agricultural in character even before the law took effect. - Consulta No. 1797

- Where after the land has been reclassified by the Assessor from agricultural to residential the registered owner thereof sells the property and a certificate of title was issued in favor of the transferee, questions regarding the validity of the sale on the ground that the reclassification was illegal can not be passed upon by the Land Registration Authority since registration is already an accomplished act. - Consulta No. 1805

- Where the certificates of title for the resulting lots of a subdivision are to be issued in the name of the same registered owner and will not result in a change of ownership, the subdivision, per DAR Administrative Order No. 1, Series of 1989, is not a prohibited transaction and may therefore be registered. - Consulta No. 1805

- A deed of extrajudicial partition of the property of a deceased who died prior to June 15, 1988 is not a prohibited transaction and may be registered by the Registrar of Deeds without prior clearance from DAR. - Consulta No. 1762 (See also Consulta No. 1875)

- The failure to register a deed of sale executed before June 15, 1988 on or before September 13, 1988 or within three months from the effectivity of R.A. 6657 renders the sale invalid and therefore not registrable. - Consulta No. 1875

- Since under Section 70 of R.A. 6657 the total landholdings of a transferee of agricultural lands should not exceed five hectares, where the sale by the vendors of their retained areas will result in the transferee holding more than the landholding ceiling allowed by law, the sale is not registrable. - Consulta No. 1875

- The sale of pasture land containing an area of 3,697,470 square meters may be admitted for registration where the Provincial Agrarian Reform Officer of the Department of Agrarian Reform has issued a clearance stating that the property is not covered by Operation Land Transfer pursuant to P.D. 27 or R.A. 6657. - Consulta No. 1933

- A decision of the Provincial Adjudicator of the Department of Agrarian Reform Adjudication Board ordering the cancellation of the certificate of title issued pursuant to a Certificate of Land Ownership Award issued in the name of a beneficiary and directing the substitution of the name of another in lieu thereof is admissible for registration. - Consulta No. 1971 IcCDAS

- The pendency of the proceedings before the DARAB for the determination of the just compensation does not preclude the DAR from effecting the transfer of ownership from the landowner the Republic of the Philippines where the mode of acquisition is compulsory in character provided the compensation as initially determined has been deposited/reserved in trust for the landowner. - Consulta No. 1982

- Where the certificate of title of the landowner is subject to a subsisting mortgage, the Certificate of Land Ownership Award derived therefrom may be registered subject to the mortgage annotation which will be carried over thereon. - Consulta No. 2094

- The fact that title is mortgaged for P45,000.00 but the amount earmarked as compensation to the owner for taking the property is only 5,339.60, will not bar registration since the mortgage annotation will have to be carried over to the Emancipation Patent pursuant to LRA Circular No. 54. - Consulta No. 2094

- If the property covered by the title has been subdivided and the EPs are to be issued for the resulting lots of the subdivision, the approved subdivision plan should also be submitted for registration. - Consulta No. 2094

- In the registration of a Certificate of Land Ownership Award generated on the basis of a deed of voluntary land transfer executed by the landowner in favor of the agrarian reform beneficiary, the owner's duplicate certificate should be surrendered and the fact that the same is lost will not justify its non-presentation. - Consulta No. 2111

- Where at the time the properties were acquired there was already a subsisting mortgage, following the rule on mortgages, the properties remain mortgaged notwithstanding their transfer to the agrarian reform beneficiaries as there is nothing in R.A. 6657 which states that a mortgage is extinguished once the property is covered by CARP. - Consulta No. 2145

- As the DENR is authorized to approve consolidation, subdivision, and consolidation subdivision plans, such approved plans may be admitted for registration without further approval by the LRA. - Consulta No. 2147

- The requirement of LRA Circular No. 54, dated June 9, 1993 that the deed of transfer should be accompanied by a court decision and a certificate of its finality if the land sold is subject of an action for annulment of title or reconveyance applies only where the signatory to the deed of transfer is one other than the registered owner and is inapplicable to transfers executed by the registered owner himself. - Consulta No. 2175

- Even if a notice of lis pendens is noted on the title, transfer of ownership of the property may still be effected for the notation of such notice does not prohibit the Registrar of Deeds from thereafter dealing with the property - Consulta No. 2175

- An order issued by the DARAB directing the correction of the name of the spouse of the registered owner appearing in a certificate of title issued pursuant to a CLOA may be admitted for registration by the Registrar of Deeds - Consulta No. 2180

- CLOAs issued for public agricultural lands may be registered upon showing that the areas covered are alienable and disposable and supported by a deed of transfer or memorandum of agreement between the government agencies concerned and DAR relative to the transfer of untitled government lands to DAR pursuant to E.O. No. 407, s. 1990, as amended by E.O. No 448, s. 1991 and E.O. No. 506, s. 1992 - Consulta No. 2197

- Since farmer associations are different from private corporations or business associations which are prohibited under the Constitution to acquire public lands, CLOAs issued in favor of these associations may be admitted for registration - Consulta No. 2197 TDcHCa

- Since a farmer association is not a cooperative, it need not be registered with the Cooperative Development Authority, it being sufficient for purposes of registering a CLOA in its name, that it be registered with the Securities and Exchange Commission - Consulta No. 2197

- A deed of sale executed prior to R.A. 6657 and filed in the registry within the three month period after the effectivity of the law but denied registration, if again entered for registration after the expiration of the three-month period, may be registered since its initial entry, having been null and void, can no longer be validly used for its registration upon re-entry. Insofar as Section 6 of R.A. 6657 is concerned, the sale is deemed filed as of the date of its re-entry. - Consulta No. 2198

- Where from the tax declaration it appears that the land subject of the sale is in actual use agricultural in character, a clearance from the Department of Agrarian Reform on whether or not the land is covered by CARP should be secured before the sale may be registered - Consulta No. 2264

- Since under Section 109 of P.D. 1529 the jurisdiction to hear and decide petitions for issuance of a second owner's duplicate is vested exclusively in the Regional Trial Court of the province or city where the land is situated, an order issued by the Provincial Agrarian Reform Adjudication Board directing the generation of a second owner's copy to the beneficiary and ordering the Registrar of Deeds to register the same is not registrable. - Consulta No. 2266

- Since LRC Circular No. 328 (June 8, 1979) allows the deed of assignment executed by the landowner in favor of the land Bank to be registered even without the owner's duplicate of the certificate of title, the surrender of the owner's duplicate in the registration of subsequent Emancipation Patents issued as result of the registered deed of assignment may be dispensed with. - Consulta No. 2270

- In the registration of an Emancipation Patent, the Land Bank Certification that the Compensation for the land was fully paid may be dispensed with where the landowner has executed a deed of assignment in favor of the Land Bank wherein he expressly acknowledges to have been fully paid. - Consulta No. 2270

- If there is no deed of transfer, as in land under compulsory acquisition, the Registrar of Deeds is enjoined to issued title to the Republic of the Philippines upon presentation of the request of the Department of Agrarian Reform for the transfer of the title to the Republic and the certification of the Land Bank of the Philippines regarding the payment of compensation to the landowner. - Consulta No. 2282

- Since the Department of Agrarian Reform is the agency vested with the authority to determine and identify beneficiaries of the Agrarian Reform Program of the government, the claim that the recipients of the CLOAs are squatters and not tenant/farmer beneficiaries is not a sufficient basis to deny registration. - Consulta No. 2282

- The fact that the landowners have appealed to the Court of Appeals or Office of the President the issue of exemption of the land from CARP coverage is not a bar or hindrance to the registration of an otherwise registrable document, most especially a CLOA, which complies with all registration requirements. - Consulta No. 2282

- Where pursuant to the request of DAR and the certification of the Land Bank as to the owner compensation after the landowner rejected the land valuation, title to the properties were registered in the name of the Republic of the Philippines, the subsequent Certificates of Land Ownership Award issued in favor of the agrarian reform beneficiaries may be registered notwithstanding the pendency of a suit filed before the Special Agrarian Court assailing the validity of the transfer of the land to the Republic. - Consulta No. 2409

- The submission of a BIR clearance relative to the payment of, or exemption from, the capital gains and documentary stamp taxes may be dispensed with in the registration of EPs and CLOAs in view of Section 66, R.A. 6657, granting exemption to transactions involving transfer of ownership from the payment of the capital gains tax, as well as other taxes (which include the documentary stamp tax), which is self-executory and therefore no further act is necessary for its implementation. - Reply to query of Regional Registrar of Deeds. Region IV, 4 January 1993

- The effects of the conversion of a parcel of land covered by a certificate of title issued pursuant to an emancipation patent are: (a) it ceases to be within the coverage of CARP and consequently the sale or disposition thereof should be treated as an ordinary conveyance of a residential lot and may be registered upon compliance with the usual registration requirements; (b) the restriction on non-transferability imposed on EPs ceases to apply as the land is removed from the agrarian reform program; and (c) the DAR certification under its Administrative Order No. 1, series of 1989, may be dispensed with as the same is required only in transactions involving lands covered by CARP. - Reply to query of ROD, Calamba, Laguna, 21 April 1993

- Since the portion of land covered by an EP which was converted from agricultural to residential purposes ceases to be within the coverage of CARP, the title form to be issued for the buyer thereof is the ordinary certificate of title used for non-CARP transaction. Reply to query to OIC Director, BLAD, DAR, 8 June 1993

- Where there is no clear delineation of the boundaries between two provinces such that the actual location of the property covered by CLOAs is uncertain, in the meantime that the physical and geographical location of the land is undetermined, registration of the CLOAs cannot proceed since the registry where recording is to be effected cannot be identified. - Reply to query of DAR Regional Director, Region XI, Davao City, 2 August 1993. acAIES

- Where the property subject of CARP coverage has been sequestered by the Presidential Commission on Good Government (PCGG) and the sequestration order noted on the landowner's title, transfer of the landholdings to the Republic of the Philippines may be allowed provided that the PCGG consents thereto and the annotation of the sequestration order is carried over to the certificate of title in the name of the Republic. - Reply to query of DAR Regional Director, Region XI, Davao City 30 September 1993

- Since LRA Circular No. 54, dated 9 June 1993, does not require a notary public's participation in the preparation and issuance of the certification regarding the payment of the landowner's compensation, such certifications issued by the Land Bank of the Philippines need not be notarized. - Instruction to ROD, Bukidnon, 16 November 1993

- The collective certification issued by the Land Bank of the Philippines relative to the payment of the amount representing the landowner's compensation for his property taken under CARP may be accepted by the Register of Deeds for purposes of registration under LRA Circular No. 54. For record purposes, however, copy of the certification should be attached to each individual landholding. - Reply to query of Director, BLAD, DAR, 7 December 1993

- Since under R.A. 6657 the agrarian beneficiary's proof of dominion is the CLOA regardless of the mode of acquisition, a CLOA is the appropriate instrument to be issued for lands acquired directly from the landowner under the Voluntary Land Transfer/Direct Payment Scheme. - Reply to query of Director, BLAD, DAR, 23 May 1994

- In case of partial coverage and the property is subdivided, registration fees are not to be assessed and collected by the Registrar of Deeds in the issuance of certificates of title for the remaining portion of the land retained by the landowner after DAR segregates the area distributed to the Agrarian Reform Beneficiary. - Reply to query of Asst. Sec. Soliman, DAR 13 September 1994

- In the registration of CLOAs issued for parcels of land within landed estates or settlements turned over to DAR pursuant to Proclamation No. 2282, the tax declaration requirement is dispensed with. - Reply to query of PARO, La Trinidad, Benguet, 28 October 1994

- The production of the owner's duplicate certificate where the land is partially affected by CARP is required only in cases when the landowner requests for a transfer certificate for the unaffected portion of the land retained by him. If no new transfer certificate were to be issued to the landowner, the surrender of the owner's duplicate may be dispensed with. - (See Memorandum Circular dated 25 January 1989). Reply to request to Director, BLAD, 15 May 1995

- Original certificates of title may not be issued by the Registrar of Deeds on the basis of CLOAs generated over properties previously titled because once a piece of land has been subject of original registration proceedings and the corresponding certificate of title issued, the same can not again be subject of another original registration proceeding. - Reply to query of OIC PARO II, Bontoc, Mountain Province, 9 June 1995

- In the registration of documents executed in connection with the voluntary land transfer or direct payment scheme of land acquisition, the requirement of indicating in the instrument, for registration purposes, the taxpayer identification number (TIN) may be dispensed with since the transaction, being CARP related, is tax-exempt. - 2nd Endorsement addressed to Director, BLAD, DAR, 18 September 1995

- Where there is no deed of transfer as when the landholding is acquired through compulsory acquisition and the certificate of title still stands in the name of the deceased landowner, the latter's estate need not be settled in order to effect the transfer of the property to the Republic of the Philippines. However, if the acquisition is through voluntary transfer, the deceased landowner's estate should first be settled either judicially or extrajudicially before the heirs may execute the deed of transfer in favor of the Republic. - Reply to query of Director, BLAD, DAR, 6 November 1995

XV. Transactions that may be registered with the Registrar of Deeds even without clearance from the DAR are as follows:

A. Deed of extra-judicial partition of the property of a deceased who died before 15 June 1988 EAICTS

B. Deed of partition of property owned in common by co-owner prior to 15 June 1988

C. Subdivision of the title without change of ownership; and

D. Deed of Real Estate Mortgage executed by the original landowner or beneficiary.

CARP FORMS

Form No. Title/Description Annex

18-A Request to Register DOT and Issue RP Title "A"

13 Deed of Transfer "B"

18 Request to Issue TCT in the name of RP "C"

17 LBP Certification of Payment "D"

19 Request to Register CLOA "E"

19-A Request to Register DOT and CLOA "EE"

20 Request to Register DVLT and CLOA "F"

7 Deed of Voluntary Land Transfer "G"

21 Request to Register EP "H"

21-A Request to Register DOT and EP "HH"

22 Deed of Transfer under PD 27 "I"

23 Order of Approval/Disapproval of Regional "J"

Director on Transfer of Awarded Lands

24 Deed of Partition of Lands Subject of Collective "K"

CLOAs

25 Petition for Administrative Reconstitution "L"

26 Petition for Judicial Reconstitution "M"

ANNEX "A"

CARP FORM NO. 18-A : REQUEST TO REGISTER THE DEED OF

TRANSFER AND TO ISSUE RP TITLE

MEMORANDUM

FOR : The Register of Deeds

__________________

SUBJECT : Request to Register the Deed of Transfer and to issue Transfer Certificate of Title in the Name of the Republic of the Philippines.

DATE : ________________________

This refers to the Deed of Transfer (DOT) executed by ___________________ covering a parcel of agricultural land under OCT/TCT No. _______ located at _________________________________.

The landowner had accepted the valuation of the property, improvements and facilities thereon.

It is therefore requested that the ROD cause registration of the DOT and corresponding Transfer Certificate Title in the name of the Republic of the Philippines be issued, copy furnished the DAR.

____________________________

Name and Signature

Provincial Agrarian Reform Officer

ANNEX "B"

CARP FORM NO. 13 : DEED OF TRANSFER

KNOW ALL MEN BY THESE PRESENT:

That I, ___________________________, of legal age and with postal address at _________________________________________ hereinafter referred to as the TRANSFERROR, and the registered owner/s of a parcel of land covered by OCT/TCT No. ____________________________ located at _____________________________________________ more particularly described as follows:

TECHNICAL DESCRIPTION

That for and in consideration, of the sum of _____________________, Philippine Currency, paid and acknowledged to have been received from the Land Bank of the Philippines in implementation of the Comprehensive Agrarian Reform Program pursuant to Executive Order No. 229/Republic Act No. 6657, the TRANSFERROR, hereby sells, transfers and conveys unto and in favor of the Republic of the Philippines, the above-described parcel/s of land, free from all liens and encumbrances.

That the TRANSFERROR acknowledges the accuracy and correctness of the computation/s of the above-described parcel/s of land, which was voluntarily offered for sale to the government, as made by the Department of Agrarian Reform (DAR) and the Land Bank of the Philippines (LBP), and he/she hereby warrants to defend the rights, interest and participation transferred to an acquired by the Republic of the Philippines against any and all suits or actions, which may be brought by any person or party by virtue of this Deed;

That in the event the Department of Agrarian Reform and the Land Bank of the Philippines or their officials and employees are made liable before any court of law to answer for any claim of third persons by virtue of this Deed, the TRANSFERROR undertakes to be solely responsible for the same to the exclusion of Department/Bank or their officials and employees.

IN WITNESS WHEREOF, I have hereunto set my hands this __________ day of ______________1995 at _________________________.

_________________________

Name and Signature

Transferror

SIGNED IN THE PRESENCE OF:

________________________ ________________________

Witness Witness

A C K N O W L E D G E M E N T

REPUBLIC OF THE PHILIPPINES )

City of _______________________ )

Before me, in the City of _________________________, on the day of _____________________________ personally appeared:

Name Res. Cert. No. Place Issued Date Issued

known to me and to me known to be the same person/s who executed the foregoing Deed of Transfer and acknowledged that the same is his/her/their free act and deed.

I FURTHER CERTIFY that the foregoing instrument, which consist of _______________ pages, including this page on which the acknowledgement is written, duly signed by the parties and their instrumental witnesses on each and every page hereof, refers to the Deed of Transfer of a parcel of land situated at _______________________________________________.

WITNESS MY HAND AND NOTARIAL SEAL on the date and place first above-written.

___________________________

Name and Signature

Notary Public

Doc. No. ___________

Page No. ___________

Series of ___________

ANNEX "C"

CARP FORM NO. 18 : REQUEST TO ISSUE TCT IN THE NAME OF RP

MEMORANDUM

FOR : The Register of Deeds

___________________

SUBJECT : Request to Issue Transfer Certificate of Title in the Name of the Republic of the Philippines

DATE : _______________________________________

This refers to the agricultural land/s of _____________________ which has been subjected to Voluntary Offer to Sell (VOS)/Compulsory Acquisition (CA) pursuant to RA 6657 with the following information:

OCT/TCT No. _____________________

Tax Dec. No. _____________________

Area/Title (Ha) _____________________

Area Acquired (Ha) _____________________

Location:

Barangay _____________________

Municipality _____________________

Province _____________________

The landowner

[ ] has rejected the value of his landholdings as determined by the Land Bank of Philippines (LBP) and DAR.

[ ] has failed to reply the Notice of Valuation sent by this office within thirty (30) days upon receipt thereof; hence, is deemed to have rejected the value indicated therein.

[ ] has accepted the value of his landholdings as determined by the Land Bank of the Philippines and DAR but failed to comply with/submit the requirements for payment within seven (7) days from LBP receipt of the DAR Request to Pay (CARP Form No. 12).

Thus, the Land Bank of the Philippines, upon request of this Office deposited he compensation in the name of the herein landowner.

In view thereof and in accordance with pertinent guidelines, we are transmitting herewith a Certification from LBP and a copy of the segregation/subdivision plan and its corresponding technical descriptions approved by the DENR where property is partially covered by CARP.

It is therefore requested that the Register of Deeds issue the corresponding Transfer Certificate of Title in the name of the Republic of the Philippines in accordance with Section 16 of RA 6657.

______________________________

Name & Signature

Provincial Agrarian Reform Officer

Copy Distribution:

Original - ROD

Duplicate - LBP

Triplicate - DARRO

Quadruplicate - DARMO

Quintuplicate - DARPO

ANNEX "D"

CARP FORM NO. 17 : CERTIFICATION OF PAYMENT (LBP)

Claim No. ____________

C E R T I F I C A T I O N

This is to certify that the Land Bank of the Philippines has fully paid/deposited the sum of _________________________________ (P ) PESOS in cash and in LBP bonds on __________________, as compensation for ______________ hectares of the parcel/s of land situated at ___________________________ covered by OCT/TCT No./s/Survey Lot No. ____________________________ in the name/s of _____________________________________ pursuant to:

[ ] P.D. 27 [ ] E.O. 228 [ ] E.O. 229 [ ] R.A. 6657

This certification is issued in accordance with DAR-LRA Memorandum Circular No. 09, Series of 1996.

Done this _______ day of _________________, 19 ___________ at _______________________________________.

___________________________

LBP Authorized Representative

ANNEX "E"

CARP FORM NO. 19 : REQUEST TO REGISTER CLOA

MEMORANDUM

FOR : The Register of Deeds

_________________

SUBJECT : Request to Register the Certificate of Landownership Award

DATE : ____________________________________________

May we request for the registration of the attached Certificate of Landownership Award (CLOA) in the name/s of (see attached) ____________________________________ covering a parcel of land under TCT/OCT No. ____________ located at _____________________________.

_________________________

Name & Signature

Provincial Agrarian Reform Officer

Attached : as stated

ANNEX "EE"

CARP FORM NO. 19-A : REQUEST TO REGISTER THE DOT AND CLOA

(Untitled Property)

MEMORANDUM

FOR : The Register of Deeds

_________________

SUBJECT : Request to Register the Deed of Transfer and Certificate of Landownership Award

DATE : ____________________________

This refers to the Deed of Transfer (DOT) executed by ____________________________ covering a parcel of agricultural land under TD No./Lot No./survey No. ______________________________________ located at _______________________________.

It is requested that the ROD cause the registration of the Deed of Transfer (DOT) and the corresponding Certificate of Landownership Award (CLOA).

____________________________

Name & Signature

Provincial Agrarian Reform Officer

Attached : as stated

ANNEX "F"

CARP FORM NO. 20 : REQUEST TO REGISTER DEED OF VOLUNTARY

LAND TRANSFER (DVLT) AND CERTIFICATE OF

LANDOWNERSHIP AWARD (CLOA)

MEMORANDUM

FOR : The Register of Deeds

_________________

SUBJECT : Request to Register the Deed of Voluntary Land Transfer (DVLT) and Certificate of Landownership Award (CLOA)

DATE : _____________________________________

This refers to the Deed of Voluntary Land Transfer (DVLT) executed by the landowner covering a parcel of agricultural land under OCT/TCT No. ___________________________ located at __________________________.

The landowner voluntarily transfer his/her ownership over a parcel of agricultural lands covered by RA 6657 and opt to be paid directly by the Agrarian Reform Beneficiary.

It is requested that the ROD cause the registration of the DVLT and the CLOA.

____________________________

Name & Signature

Provincial Agrarian Reform Officer

Attached : as stated

ANNEX "G"

VLT/DPS FORM NO. 7 : DEED OF VOLUNTARY LAND TRANSFER

KNOW ALL MEN BY THESE PRESENTS

This Deed of Voluntary Land Transfer made and executed pursuant to Sections 20 and 21 of R.A. 6657 by and between _____________________, of legal age, Filipino, single/married and a resident of ___________________ hereinafter called the LANDOWNER, and _________________________________, and Filipino, single/married and a resident of ________________________________ hereinafter called the FARMER-BENEFICIARY.

WITNESSETH:

1. That the LANDOWNER voluntarily transfers his ownership over a parcel of agricultural land covered by R.A. 6657 and opts to be paid directly by the FARMER-BENEFICIARY. The said agricultural land is situated at ________________________________________________ and particularly described as follows:

(Technical Description)

3. That the FARMER-BENEFICIARY is desirous to be benefitted under the Voluntary Land Transfer/Direct Payment Scheme and willing to pay the LANDOWNER directly.

NOW, THEREFORE, for and in consideration of the amount of P________________ or __________________ (if in kind), the LANDOWNER hereby CONVEYS, TRANSFERS, and CEDES unto and in favor of the FARMER-BENEFICIARY the above-described parcel of land under the following terms and conditions:

a. That the LANDOWNER shall consider as advanced payment of the land all payments made in the amount of P ____________ or __________ (if in kind) by the FARMER-BENEFICIARY pursuant to the VLT Agreement dated _________________________.

b. That the unpaid balance of P ____________ or ____________ (if in kind) should be amortized by the FARMER-BENEFICIARY for a period of ___________________ monthly/yearly installments in the date hereof which includes the principal and the interest. Payments by the FARMER-BENEFICIARY of the monthly/yearly installments should be made within the first five days of the month/year it is due. However, the FARMER-BENEFICIARY has the option to accelerate amortization payments:

c. That the FARMER-BENEFICIARY shall be declared in default for non-payment of an aggregate of __________ amortizations and after the grace period of _________________________ has elapsed.

That in case of default in his obligation to pay the land amortization, the FARMER-BENEFICIARY shall be replaced as such and be permanently disqualified from becoming a beneficiary under the CARP and advance-payment and the amortization already paid shall be treated as lease rental for the use of the land.

d. That upon the execution of the Deed of Voluntary Land transfer (VLT/DPS Form No. 7), the title to the land shall be immediately transferred in the name of the FARMER-BENEFICIARY.

It is hereby agreed that the LANDOWNER shall issue appropriate receipt for every payment by the FARMER-BENEFICIARY, copy furnished the MARO concerned, provided that refusal by the LANDOWNER to issue receipt shall constitute a valid ground for the FARMER-BENEFICIARY to stop payment and deposit the same with the Land Bank of the Philippines (LBP) in the account of the LANDOWNER.

IN WITNESS WHEREOF, the parties hereunto set their hands on ________________________ at _______________________.

_______________________ _________________________

LANDOWNER FARMER-BENEFICIARY

CONFORME

_______________________ __________________________

Approved by:

_____________________________

PARO

Signed in the presence of:

_______________________ ____________________________

WITNESS WITNESS

_______________________ ____________________________

MARO BARC REPRESENTATIVE

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )

PROVINCE OF ________________ ) S.S.

At the Municipality of ___________________________ in the said province/city on this _________ day of _________________________ 1994 personally appeared the hereinafter named parties and exhibited to me their respective residence certificate as follows:

Name Res. Cert. No. Date Issued Place Issued

_____________ ______________ ______________ ______________

The aforementioned parties are known to be the same person who executed the foregoing instrument of Deed of Voluntary Land Transfer which consist of ________ pages which this acknowledgement is written and signed at the left margin of each page by the parties and acknowledgement to be the same, is their free act and deed.

__________________________

Notary Public

Until December 199___________

P.T.R. No. _________________

TAN No. __________________

Doc. No. ______

Page No. ______

Book No. ______

Series of _______

ANNEX "H"

CARP FORM NO. 21 : REQUEST TO REGISTER EP

MEMORANDUM

FOR : The Register of Deeds

_________________

SUBJECT : Request to Register the Emancipation Patent (EP)

DATE : _____________________

May we request for the registration of the attached Emancipation Patent in the name/s of (see attached) ________________________________ covering a parcel of agricultural land under TCT/OCT No. __________ located at ________________________________.

_____________________________

Name & Signature

Provincial Agrarian Reform Officer

Attached : as stated

ANNEX "HH"

CARP FORM NO. 21-A : REQUEST TO REGISTER DOT AND EP

MEMORANDUM

FOR : The Register of Deeds

_________________

SUBJECT : Request to Register the Deed of Transfer and Emancipation Patent

DATE : ___________________

This refers to the Deed of Transfer (DOT) executed by the landowner covering a parcel of agricultural land under OCT/TCT No. ______________ located at ___________________________.

The Landowner voluntarily transfers his/her ownership over a parcel of land covered by RA 6657 and opts to be paid directly by the Agrarian Reform Beneficiary.

It is requested that the ROD cause the registration of the DOT and the EP.

_____________________________

Name & Signature

Provincial Agrarian Reform Officer

Attached : as stated

ANNEX "I"

CARP Form No. 22 : DEED OF TRANSFER UNDER P.D. 27

This Deed of Transfer under P.D. 27 entered into and between ______________________________________________________________ of legal age, Filipino, single/married and a resident of ________________________________ hereinafter called the LANDOWNER.

AND

___________________________________________ of legal age, Filipino, single/married and a resident of ____________________________________ hereinafter called the FARMER-BENEFICIARY.

WITNESSETH:

That prior to October 21, 1972, the LANDOWNER was the absolute and exclusive owner of a parcel of rice/corn land, situated in and more particularly bounded and described as follows:

PARCEL NO.

OCT/TCT No. _______________________________________________

ROD of _____________________________________________________

Tax Declaration No. ___________________________________________

CLT No. ___________________________________________________

PMS No. ___________________________________________________

Bounded on the

NORTH ____________________________________________________

EAST ______________________________________________________

SOUTH ____________________________________________________

WEST ______________________________________________________

That the above-described landholding is by law covered by Operation Land Transfer pursuant to Presidential Decree No. 27 as of October 1972;

That the LANDOWNER has chosen to be paid directly by the FARMER-BENEFICIARY, and that the FARMER-BENEFICIARY is willing to pay directly;

NOW, THEREFORE, for and in consideration of the amount of P_____________ or _______________ (cavans), the LANDOWNER hereby CONVEYS and TRANSFERS pursuant to P.D. No. 27 to the FARMER-BENEFICIARY the parcel of land above described under the following terms and conditions:

(A) That the LANDOWNER shall consider as advanced payment of the land all rental paid in the amount of P ___________________ / _________________ (cavans) paid by the FARMER-BENEFICIARY beginning the year 1973, to be deducted from the total amount due him;

(B) That the unpaid balance of ______________________________ / ______________ (cavans) shall be amortized by the FB for a period of 15 equal annual payments in the amount of P _________________ / __________ cavans per year from date hereof which amount includes principal and interest;

(C) That FB shall assume payment of realty taxes beginning 1973. In case the landowner paid the taxes, the FB shall reimburse such payment;

(D) The LANDOWNER shall issue appropriate receipts (see farm) for every payment made by the FB's copy furnished MARFT covering the areas, provided that refusal of the landowner to issue receipt shall constitute valid ground for the farmer-beneficiary to stop payment and deposit the same with the LBP to the account of the LANDOWNER;

(E) That the land subject of this sale shall be personally cultivated by the FARMER-BENEFICIARY, with the help only of his immediate farm family;

(F) The FARMER-BENEFICIARY must be a member of farmers cooperative or a duly registered farmer organization recognized and accredited by Ministry of Agrarian Reform provided such farmer organization has recourse procedures against the farmer in case he fails to comply with the terms and condition of this Deed; and

That this Deed shall be subject to applicable law, rules, and regulation issued by the Ministry of Agrarian Reform, particularly the following provisions of P.D. 27;

"Title to land acquired pursuant to this Decree or the land reform program of the Government shall not be transferable except by hereditary succession or the government in accordance with the provisions of this Decree, the Code of Agrarian Reform and other existing laws and regulations."

IN WITNESS WHEREOF, the parties hereunto set their hands on _______________________ at __________________________.

________________________ ________________________

LANDOWNER FARMER-BENEFICIARY

Signed in the presence of:

________________________ ________________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES )

PROVINCE/CITY OF __________ ) S.S.

At the Municipality of __________________________ in the said province/city on this ______ day of _______________________ 1981, personally appeared:

Name Res. Cert. No. Date Issued Place Issued

_____________ _____________ _____________ _____________

known to me as the same person/s who executed the foregoing instrument of _____________________ over ________________________ parcels of land, which instrument consists of pages including the page on which this acknowledgement is written and signed at the left margin of each page by the parties executing this instrument and their witnesses, and said party/ies acknowledges to me that the same is his/her/their free act and deed. The Residence Certificate/s of the party/ies was/were exhibited to me, the same being Nos. ________________________ issued at ________________ on _____________________ 1996.

______________________

Notary Public

Until December 199______

P.T.R. No. _____________

TAN No. ______________

Doc. No. ________

Page No. ________

Book No. _______

Series of ________

ANNEX "J"

CARP Form No. 23 : ORDER OF APPROVAL/DISAPPROVAL OF

REGIONAL DIRECTOR ON TRANSFER OF

AWARDED LANDS

O R D E R

Based on the evaluation of the documents submitted by the MARO and as indorsed by the PARO, the written request of Mr./Ms. ______________________________ to transfer his/her awarded land to Mr./Ms. _____________________________ is hereby:

/ / Approved, subject to landholding found to be unirrigated.

/ / Approved, however, since the subject land is under A.O. No. 20, Series of 1992, the following sentence shall be inscribed at the back of the title by the ROD

"This land is non-negotiable for any land use conversion pursuant to A.O. No. 20, Series of 1992 issued by President Fidel V. Ramos."

/ / Disapproved on the following grounds:

________________________________________________________

Date: ____________________

________________________

Name & Signature

Regional Directo

ANNEX "K"

CARP Form No. 24 : DEED OF PARTITION OF CARP COVERED

LANDS SUBJECT OF COLLECTIVE CLOA

KNOW ALL MEN BY THESE PRESENT:

That I, __________________________, of legal age, single/married to _____________________________________________________ residing at ______________________________________, do hereby declare that following:

WITNESSETH:

WHEREAS, I am the owner in common of a parcel of land situated at _______________________________ and covered by Original/Transfer Certificate of Title No. ___________________________ (CLOA No.) ___________) more particularly described as follows:

(Description)

WHEREAS, I have agreed to end the co-ownership with the other ARBs, and for this purpose, have caused the above property to be subdivided and designated into Lot No. ________________ as per tracing cloth and blue print plan Psd _______________________ duly approved by the Lands Management Bureau on ___________________________ together with its corresponding Technical Descriptions, which are made integral parts thereof;

WHEREAS, I have agreed to the subdivision and adjudicate upon myself the property as follows:

(Description)

IN WITNESS WHEREOF, I have hereunto set my hands this _______ day of ____________, 19_____ at ___________________________.

__________________________

Name and Signature

Agrarian Reform Beneficiary

SIGNED IN THE PRESENCE OF:

______________________ ______________________

Witness Witness

A C K N O W L E D G E M E N T

REPUBLIC OF PHILIPPINES )

CITY/MUNICIPALITY OF ______ ) S.S.

BEFORE ME, a Notary Public for and in the Province/City of ________________________________, this day of ___________________, 19____, personally came and appeared ________________________ with Community Tax Certificate No. ____________________________ issued on ____________________ at ___________________________, and to me known to be the same person who executed the foregoing instrument which he acknowledge before me as his free and voluntary act and deed.

WITNESS MY HAND AND NOTARIAL SEAL this ________ day of ___________________________, 19___________.

________________________

Name & Signature

Notary Public

Doc. No. _______

Page No. _______

Book No. _______

Series of ________

ANNEX "L"

CARP Form No. 25 : PETITION FOR ADMINISTRATIVE RECONSTITUTION

Republic of the Philippines

Department of Justice

LAND REGISTRATION AUTHORITY

IN RE : IN THE MATTER OF ADMINISTRATIVE RECONSTITUTION OF THE ORIGINAL COPY OF THE ORIGINAL/TRANSFER CERTIFICATE OF TITLE NO. ________

_______________________________

IN THE REGISTRY DEEDS OF _________________

LRA Case No. _____

____________________________

Petitioner

P E T I T I O N

COMES NOW the above-named petitioner, represented by the DAR through the undersigned DAR Lawyer, and before this Reconstituting Officer thru the Register of Deeds, respectfully states:

1. That the petitioner is of legal age, Filipino, married and a resident of __________________________________________________;

2. That the petitioner is the registered owner/co-owner/transferee/ mortgagee of a parcel of land covered by and described in the Original/Transfer of Certificates of Title No. _______________________ of the Registry of Deeds of _______________________________;

3. That the original of the aforesaid Original/Transfer Certificates of Title on file with the Registry of Deeds of ______________________ was lost or destroyed due to _____________________________;

4. That submitted herewith are the following papers in support of this petition:

a) Owner's Duplicate Certificate of Title and three (3) xerox copies thereof. (If the owner's duplicate has been lost/destroyed/or is not available, then the co-owner's duplicate certificate of title and three (3) xerox copies thereof should be submitted;

b) Three (3) xerox copies of the latest Tax Declaration;

c) Three (3) xerox copies of the Notice of Coverage

P R A Y E R

WHEREFORE, it is respectfully prayed that the original of Original/Transfer Certificate of Title No. ______________________ lost or destroyed in the files of the said Registry of Deeds be ordered reconstituted on the basis of the owner's/co-owner's duplicate certificate of title and in accordance with Republic Act No. 6732.

__________________________ date _______________________ place ________________________ 19_____.

V E R I F I C A T I O N

_________________________, after having been duly sworn to in accordance with law, depose and says; that he is the petitioner; that he/she caused the preparation of the foregoing petition; that he has read the contents and the facts stated therein are true and correct to his/her knowledge.

_____________________

Affiant

SUBSCRIBED AND SWORN TO before me this ______________ day of ___________________________, 19____, affiant exhibited to me his/her Residence Certificate No. ___________________________ issued on ____________________ 1994 at _______________________, Philippines.

_______________________

Notary Public

Until December 199_______

P.T.R. No. ______________

Issued At _______________

On ____________________

Doc. No. ________

Page No. ________

Book No. ________

Series of _________

ANNEX "M"

CARP Form No. 26 : PETITION FOR JUDICIAL RECONSTITUTION

Republic of the Philippines

REGIONAL TRIAL COURT

Branch ________

_____________________________

In Re : Petition to Reconstitute Original/Transfer

Certificate of Title No. ______________

___________________________

Petitioner,

P E T I T I O N

COMES NOW the above-named petitioner, represented by the DAR through the undersigned DAR Lawyer, and pursuant to the provision of Sec. 110 of P.D. 1529, to this Honorable Court most respectfully states:

1. That the petitioner is of legal age and resident of ________________; That he/she is the registered owner in fee simple of certain real property covered by Original/Transfer Certificate of Title No. ____________ issued by the Register of Deeds of ______________________________ the original copy of which title was lost / burned and destroyed while being kept in his Office.

2. That this property/ies is/are the subject of compulsory acquisition/voluntary offer to sell by the DAR for distribution to the qualified beneficiaries; (A copy of the Notice of Coverage is herewith attached as Annex "A")

3. That no owner's and/or co-owner's duplicate copy of said certificate of title had been issued (or, if any, the same also had been lost or destroyed;

4. That the Lot No., location, boundaries and area of the property involved are as follows: ____________________________________________________________________________________________________________________________________;

5. That the nature and description of the buildings and improvements existing on the land are as follows: ______________________________________________________________________________________________________________________________________________________________________________________________________________;

6. That the names and addresses of the occupants or persons in possession of the property as well as the adjoining properties, and of persons who may have any interest therein, are as follows: ______________________________________________________________________________________________________________________________________________________________________________________________________________;

7. That the property is free and clear of all liens and encumbrances, except as follows: _________________________________________________________________________________________;

8. That no deeds or other instruments affecting the property have been presented for registration in the office of the Register of Deeds (or, if there be any, the registration thereof has not been accomplished as yet);

9. That in support of this petition for reconstitution, the following documents which may constitute a source or basis for the reconstitution, are herewith submitted:

a) Owner's copy (or certified copy) of Original/Transfer Certificate of Title No. ________ issued by the Register of Deeds;

b) Authenticated copy of the Decree of Registration (or Patent) pursuant to which the original certificate of title was issued; (Note; This may be necessary only where the title to be reconstituted is an OCT issued pursuant to a decree or patent);

c) Certified copy of the deed of sale (or transfer) on file in the Office of the Register of Deeds; containing the description of the property, pursuant to which the lost or destroyed transfer certificate of title was issued; Note: This may be necessary only where the title to be reconstituted is a transfer certificate of title).

d) Certified copy of the document on file in the office of the Register of Deeds, by which the property as described therein is mortgaged (leased or encumbered).

e) Certification from the Register of Deeds to the effect that the Original/Transfer Certificate of Title No. ___________ was lost or destroyed;

f) A duly prepared plan of the land in tracing cloth, with two white or blueprint copies thereof, prepared by a duly licensed geodetic engineer, certifying thereon that he prepared the same on the basis of a duly certified technical description of the property.

WHEREFORE, it is respectfully prayed that, after due notice and hearing, this Honorable Court order the Register of Deeds of _________________________ to reconstitute Original/Transfer Title No. ______________ on the basis of ___________________________ submitted herewith; and

That such other relief as this Honorable Court may deem just and equitable in the premises be granted the herein petitioner.

(Place and date)

____________________________

Attorney for Petitioner

Address: ______________________

P.T.R.: _______________________

(Verification)

JUDICIAL TITLE FORMS

1. Judicial Form No. 140-A/CLOA Form No. 2-A (TCT), RA 6657

2. Judicial Form No. 145-A/CLOA Form No. 1-A (OCT), RA 6657

3. Judicial Form No. 67-B (D)/CLOA Form No. 6-A (OCT), SE

4. Judicial Form No. 109-A/CLOA Form No. 7-A (TCT), LE

5. Judicial Form No. 109-F (TCT) EP, PD No. 27

6. Judicial Form No. 109-E (OCT) EP, PD No. 27

LIST OF REFERENCES

1. DAR Adm. Order No. 08, S. 1995 — Rules and Procedures Governing the Transferability of Lands Awarded to ARBs Pursuant to PD 27, amended by EO 228 and RA 6657

2. DAR Adm. Order No. 02, S. 1995 — Revised Rules and Procedures Governing the Acquisition of Private Agricultural Lands Subject of Voluntary Land Transfer or Direct Payment Scheme Pursuant to RA 6657

3. DAR Memorandum Circular No. 05, S. 1994 — Guidelines on the Reconstitution of Lost or Destroyed Original Copies of Certificate of Title to be Initiated by the DAR Provincial Office

4. LRA Circular No. 54 dated June 9, 1994 — Revised Guidelines on the Registration of Transactions Under the CARP

5. DAR Adm. Order No. 03, S. 1990 — Revised Rules and Procedures Governing Distribution and/or Titling of Lots in Landed Estates Administered by DAR

6. DAR Adm. Order No. 09, S. 1989 — Rules and Procedures Governing Titling and Distribution of Lots in DAR Settlement Projects

7. LRA Memorandum Circular — MOA Between the LRA, DAR, BIR and the GFIs in Connection with the Transfer of All Agricultural Landholdings of the GFIs to the Republic of the Philippines thru DAR

8. MAR Memorandum Circular No. 16, S. 1981 — Guidelines and Procedures to Govern Direct Payment of Farmholdings Covered by OLT Pursuant to PD 27

9. Executive Order No. 407, S. 1990 — Accelerating the Acquisition and Distribution of Agricultural Lands and Other Lands of the Public Domain Suitable for Agriculture

10. DAR Adm. Order No. 03, S. 1993 — Rules and Regulations Governing the Issuance of Collective CLOA and Subsequent Issuance of Individual Title to Co-owners

11. DAR Adm. Order No. 02, S. 1994 — Rules Governing the Correction and Cancellation of Registered/Unregistered EP/CLOA

HELP CENTER

CONTACT INFORMATION

Department of Agrarian Reform
Elliptical Road, Diliman
Quezon City, Philippines

Copyright Information

HELP CENTER

CONTACT INFORMATION

Department of Agrarian Reform Elliptical Road, Diliman Quezon City, Philippines

Copyright Information

Department of Agrarian Reform
Elliptical Road, Diliman
Quezon City, Philippines