April 11, 1995

JOINT DAR-LBP MEMORANDUM CIRCULAR NO. 03-95

TO                :     All DAR Regional Directors, Provincial Agrarian Reform Officers, Municipal Agrarian Reform Officers All LBP, LVLCOs, LCDs I & II and SULTRA

SUBJECT    :     Guidelines In The Acquisition, Distribution And Compensation of Patches or Portions of Agricultural Lands Not Actually Planted to Any Crop and Lands Subject to Legal
                           Easement

To fast track acquisition and payment of lands covered by patches or portions which are not actually planted to any crop and landholdings which are subject to legal easement, the following guidelines are hereby issued:   TcDHSI

A.     On Patches of Lands or Portions not Planted to Any Crop

1.         The DAR shall acquire and the LBP shall compensate portions or areas, whether contiguous or in patches, or the agricultural estate or property not actually planted to any crop but are considered by the ARBs and the DAR as necessary to the farming activities or beneficial for agri-business, such as livestock, piggery, or poultry-raising or other agri-related activities, provided that the ARBs are willing to cultivate and pay for the cost of such areas as valued by the LBP.

2.         Areas, whether contiguous or in patches, which are not planted to any crop and for which there are no takers, shall be segregated and excluded from acquisition, distribution and compensation.

B.     On Agricultural Lands Which are Subject to Legal Easement

1.         The DAR shall likewise acquire, and LBP shall compensate, agricultural lands which are the subject to legal easements provided that such landholdings were originally titled or registered as lands of private ownership under the provisions of the Cadastral Law or the Land Registration Act.

2.         In case of lands covered by OCT or TCT originally derived from a Government Grant or a Land Patent pursuant to the Public Land Act (CA 141), as amended, the easement zone shall be demarcated and the farms covered by the easement shall be valued by the LBP, that the release thereof shall only be made upon favorable resolution of the issue of compensability of such area by the proper government agencies.   cDTSHE

Please be guided accordingly.

This Circular takes effect immediately.

Metro Manila, Philippines, 11 April 1995.

(SGD.) ERNESTO D. GARILAO

Secretary
Department of Agrarian Reform

(SGD.) JESLI S. LAPUS

President and CEO
Land Bank of the Philippines