March 4, 1987

DEPARTMENT MEMORANDUM CIRCULAR NO. 04-87

TO                :     All Regional Directors, District Officers, Team Leaders, Fieldmen
                           and Others Concerned

SUBJECT    :     Implementing Guidelines of LOI 227

Presidential Decree 27 which directed the emancipation of all tenant-farmers applies to all tenanted private agricultural lands primarily devoted to rice and/or corn under a system of share-crop or lease-tenancy whether classified as landed estate or not.

Under LOI 227 issued on November 16, 1974, the Secretary of Agrarian Reform has been directed to make inventory of all private agricultural lands devoted primarily to the production of rice and corn which have been abandoned by landowners and declared covered by PD 27.

For the effective implementation of the directive, the following guidelines are hereby prescribed:

I.       DEFINITION

Under Section 166 (19) of RA 3844, abandoned lands devoted to any crop at least one year prior to the notice of expropriation but which were not utilized by the owner for his benefit for the past five years prior to such notice of expropriation.

II.      COVERAGE

All abandoned private agricultural lands devoted primarily to the production of rice and corn and declared covered by PD 27 pursuant to LOI 227.

III.    IDENTIFICATION AND SURVEY

The Team Leader shall:

a.         Identify all abandoned lands in all cities or municipalities within the territorial jurisdiction of the team. Secure copies of tax declaration, titles (OCT/TCT) and approved survey plans covering the same.

b.         Identify the landowners or their legal representatives of said abandoned lands.

c.         Identify all actual occupants, if any, and the area of their tillage/occupation.

d.         Notify landowners of the OLT coverage and schedule of the final survey of subject landholding (see attached form)

e.         Cause the final survey in accordance with existing procedures.

f.          Generate and issue Emancipation Patent in accordance with PD 27 and related rules and regulations.

g.         Determine the land valuation, gather and prepare the documents in support of the land transfer claim for compensation in accordance with existing rules and regulations.

IV.    LAND VALUATION AND COMPENSATION

Ministry Memorandum Circular No. 1-87 regarding the policy guidelines on land valuation and land compensation involving rice and corn landholdings under PD 27 shall apply in areas covered by LOI No. 227.

V.     TITLING/DOCUMENTATION

An Emancipation Patent shall be issued to the farmer-beneficiary in accordance with existing rules and regulations.

VI.    PAYMENT OF REALTY TAX

The farmer-beneficiary shall be liable for the payment of realty tax on his lot beginning the calendar year following the date of the Order of Placement of the area subjected of this Memorandum Circular.

VII.   EFFECTIVITY

This Memorandum Circular shall take effect immediately and all orders, circulars, memoranda, and all other related issuances inconsistent herewith are hereby revoked, cancelled or modified as the case may be.

Diliman, Quezon City, March 4, 1987.

(SGD.) HEHERSON T. ALVAREZ
Secretary