October 21, 1982
MINISTRY MEMORANDUM CIRCULAR NO. 10-82
TO : All MAR Regional Directors, District Officers Team Leaders and Fieldmen All Concerned
SUBJECT : Policy Guidelines On Operation Homelot Transfer Pursuant To LOI 705
For effective implementation of the directive, the following guidelines are hereby issued for the information and guidance of all concerned:
I. Homelot
This shall apply to homelots actually occupied by tenant-farmers who are, or may be, beneficiaries of the Land Transfer Program under PD No. 27. For this purpose, a homelot shall mean that contiguous area where the farmer-beneficiary has established his permanent dwelling, including the area utilized for raising vegetables, poultry, pigs and other animals or for engaging in home industries.
II. Beneficiaries
1.0 Farmer-beneficiaries whose farmlots are covered by OLT under PD No. 27.
1.1 Farmer-beneficiaries whose farmlots are covered by OLT under LOI 474.
1.2 Farmer-beneficiaries whose farmlots are covered by OLT pursuant to MAR Memorandum Circular No. 2, Series of 1978.
1.3 Farmer-beneficiaries whose farmlots are under leasehold but voluntarily offered by landowners for OLT coverage.
III. Landowners Covered
1.0 Landowners whose landholdings are covered by OLT under PD No. 27.
1.1 Landowners whose landholdings are covered by OLT under LOI 474.
1.2 Landowners whose landholdings are covered by OLT pursuant to MAR Memorandum Circular No. 2, Series of 1978.
1.3 Landowners whose landholdings are under leasehold but voluntarily offered for OLT coverage.
IV. Location and Size of Homelot
The homelot actually occupied by the farmer-beneficiary, whether located inside or outside the farmlot, shall be transferred to him, provided that the area to be transferred shall not exceed one-thousand (1,000) square meters. If the area actually occupied exceeds the maximum area fixed herein, the acquisition of such excess area shall be the subject of a separate private transaction between the landowner and the farmer-beneficiary.
V. Valuation/Compensation for the Homelot
1.0 In the following cases, the price of the homelot shall be computed on the basis of the price of the farmlot transferred to the farmer-beneficiary under PD No. 27.
1.1 Homelot is located inside the farmlot.
1.2 Homelot is located outside the farmlot but within the landholding owned by the same landowner.
1.3 Homelot is located in another parcel of a landholding owned by the same landowner, or where same landowner has an interest in fee simple, but within reasonable distance or in the "vicinity" of the farmlot. For this purpose, reasonable distance shall mean a distance of not more than five (5) kilometers from the farmlot of the farmer-beneficiary to his homelot.
2.0 In the following cases, the price of the homelot shall be agreed upon between the farmer-beneficiary and the landowner which price shall be consistent with the provisions of LOI No. 705.
2.1 Homelot is outside the five (5) kilometer radius but owned by the same landowner.
2.2 Homelot is located within the five (5) kilometer radius from the farmlot but owned by another person.
2.3 Homelot is located outside the five (5) kilometer radius owned by another person but voluntarily offered.
3.0 Any permanent improvement introduced by the landowner on the homelot being utilized directly, solely by the farmer-beneficiary may at the option of the latter be transferred to him, the valuation of which shall be the subject of agreement between them and added to the value of the homelot:
4.0 Transfer of ownership of the homelot after October 21, 1972 to any person other than the farmer-beneficiary, shall not in any manner affect the valuation thereof pursuant to LOI No. 705 and this circular.
VI. Expropriation of Homelots
In case of disagreement, the Ministry of Agrarian Reform upon written request of the farmer-beneficiary, may acquire through expropriation said homelot for resale at cost to the latter in accordance with the provisions of Republic Act No. 3844 as amended, PD No. 76, PD No. 251, as amended, and other applicable pertinent laws.
VII. Mode of Payment/Manner and Period of Repayment by Farmer-Beneficiary
1.0 Direct Payment
1.1 On the basis of the price established for the homelots, the landowner and farmer-beneficiary may agree on a direct payment scheme either in kind or in cash, provided that the landowner submits legal evidence of ownership of such landholding which should be free from liens or encumbrances. All effort should be exerted to encourage landowners and farmer-beneficiaries to enter into direct payment scheme. SCADIT
2.0 Payment through LBP
2.1 At the option of the landowners, LBP shall finance the. total value of the homelots transferred to the farmer-beneficiaries subject to existing laws, decrees, rules and regulations and related issuances.
2.2 The total cost of the homelot including interest at the rate of six (6) percentum per annum shall be paid by the farmer-beneficiary in fifteen (15) years of fifteen (15) equal annual amortization, provided, however, that the farmer-beneficiary shall have the option to accelerate such amortization payments.
VIII. Survey of Homelot
Final land survey shall be undertaken in accordance with MAR existing policies and procedures.
IX. Titling/Documentation
An Emancipation Patent shall be issued to the farmer-beneficiary covering the homelot upon full payment of the value thereof.
X. Previous Agreement/Contracts Regarding Transfer of Homelots
Deeds of Transfer involving homelot covered by a Torrens Certificate of Title duly executed by the landowner and farmer-beneficiary and registered with the Registry of Deeds prior to the issuance of LOI 705 shall be respected.
Deeds of Transfer/Agreements/Contracts, executed and duly registered with the Registry of Deeds after the issuance of LOI 705, shall be subject to the limitation of the transferability as provided for under PD 27. Said Deed of Transfers/Agreements/Contracts, shall be submitted to the team office concerned.
In all other cases, a copy of such Contract/Agreement/Deed of Transfer shall be submitted to the Team Office concerned and on the basis of which Emancipation of Patents shall be issued to the farmer-beneficiary.
XI. Payment of Realty Taxes for Homelot
The farmer-beneficiary, shall be liable for the payment of the realty tax assessable on the homelot beginning calendar year 1973, provided that where the homelot is owned by another landowner referred to under No. III, 2.0 hereof, the liability shall begin the Calendar Year 1979.
Farmer-beneficiary whose farmlots are covered by OLT pursuant to MAR Memo. Circular No. 2, Series of 1978 shall be liable for the payment of the realty tax assessable on the home lot beginning calendar year following the date of the Order of Placement.
Farmer-beneficiary whose farmlots are under leasehold but voluntarily offered by landowner for OLT coverage shall be liable for the payment of the realty tax assessable on the homelot beginning calendar year following the date of the offer.
XII. Relocation of Homelot
Subject to mutual agreement of the landowner and the farmer-beneficiaries, the homelot sites may be relocated in another area.
XIII. Limitation to Title of Ownership of Homelots
Title to homelots acquired pursuant to LOI No. 705 and this circular shall not be transferable except by hereditary succession or to the government.
XIV. Maintenance of Status Quo
Pending the acquisition of the homelot, the farmer-beneficiary shall not be removed, ejected or ousted therefrom and his peaceful possession thereof shall be preserved and maintained at all times.
XV. Effectivity
This Memorandum Circular shall amend Ministry Memorandum Circular No. 23, Series of 1978, and all other related issuances inconsistent herewith, and shall take effect immediately.
(SGD.) CONRADO F. ESTRELLA
Minister
PRIMER ON LAND-RELATED PROBLEMS
FOREWORD
This Primer is designed therefore to provide both civilian farmers and the soldiers a better understanding of solving land disputes that somehow hinder the progress of the Agrarian Land Reform Program.
(SGD.) FABIAN C. VER
General AFP
Chief of Staff
1. Question — WHAT IS THE PURPOSE AND OBJECTIVE OF THIS PRIMER?
Answer — It seeks to establish guidelines for the uniformed and civilian personnel of the AFP/INP as well as the general public to enhance better understanding, generate further cooperation and support and humanize the implementation of laws, orders, rules and regulations.
2. Question — WHAT AFP UNIT/INP STATION CAN PROVIDE ASSISTANCE TO A TENANT-FARMER REGARDING HIS, LAND PROBLEM WHERE AFP/INP PERSONNEL ARE INVOLVED?
Answer — The Philippines is divided into thirteen (13) regions where the various Government agencies have field offices. On the part of the AFP, each regions has a Constabulary Regional Command. If the tenant-farmer is far from this Command, he can avail of the nearest PC/INP unit in the area. aHATDI
Each Regional Command has a Home Defense Office that serves as a link between the civilians and the military. Any complaint may be filed through this Office. Another AFP unit that can proves assistance to the civilians is the Regional Civil Relations Group under the Civil Relations Service, AFP.
3. Question — WHAT ASSISTANCE CAN THE AFP/INP GIVE TO THE TENANT-FARMERS?
Answers — a. When the circumstances warrant, the tenant-farmers may seek the assistance of the nearest PC Detachment or unit of INP Station for intervention to preserve peace and order and to prevent the commission of crimes or acts or coercion or harassment.
b. When a tenant-farmer does not know the legal procedures, the AFP unit can give him legal assistance or referral of the tenant-farmer's problem to the agency concerned.
c. The AFP unit/INP station concerned with civilian relations can assist in making both parties involved in cases or problem to dialogue and settle their problem peacefully.
4. Question — HOW SHOULD THE AFP/INP PERSONNEL TREAT THE CASE AND PROBLEMS PRESENTED TO THEM BY THE COMPLAINANT?
Answer — The following are the MND guidelines in handing farmer-related problems:
a. Police/military authorities should remain neutral and unbiased when handling or dealing and/or taking action on farmer-related disputes and problems.
b. In the enforcement on implementation of court orders or decisions of the Minister of Agrarian Reform, the role of the AFP/INP personnel shall be limited to that of maintaining peace and order and of providing security to the sheriff or government official or employee tasked to carry out the order or decision.
c. Considering the nature of the problem, police/military authorities shall maximize the utilization of the local Peace and Order Councils.
5. Question — WHAT ARE THE LAWFUL PROCEDURES IN SETTLING LAND DISPUTES?
Answer — Pursuant to LOI No. 226 the following procedures were laid down by Minister Conrado Estrella and Minister Juan Ponce Enrile in a Memorandum of Agreement, dated September 18, 1975, in settling land disputes.
a. Any complaint for, report of, violation of Presidential decrees, orders or directives, prohibiting the ejectment of tenants from their agricultural landholdings, including violations or related MAR Circulars and Memoranda, shall initially be investigated by the Agrarian Reform Team Office which has jurisdiction coverage of the farmholding in question;
b. Upon receipt of the complaint or report, the Agrarian Reform Team Leader or Legal Officer when so directed shall immediately conduct a summary fact-finding investigation of the said complaint or report and if finding show a prima facie violation of laws, decrees or directives, the Team Leader and or the Legal Officer shall immediately assist the complaining tenant-farmer, to prepare a formal complaint under oath. Thereafter, all the parties concerned shall be called for confrontation in the Team Office with the end in view of maintaining the peaceful possession and cultivation of the farmholding by the tenant-farmer and if he has been illegally ejected, removed or excluded therefrom, to effect his immediate reinstatement;
c. Should Agrarian Reform Team Leader or Legal Officer fail in his effort to amicably resolve the controversy he shall immediately submit a detailed report of the case with his recommendation thereon to the Agrarian Reform District Officer, together with the sworn complaint of the tenant-farmer, as well as the pertinent documents and records of the case without prejudice to his seeking the assistance of the nearest Philippine Constabulary Detachment or Unit should circumstances warrant immediate PC intervention to preserve peace and order and/or prevent the commission of further acts of coercion or harassment;
d. Upon receipt of the report, the Agrarian Reform District Officer, with the assistance of the MAR District Legal Staff, shall review and evaluate the case. If upon evaluation the complaint is found to be meritorious and warranted by the facts-established, he shall immediately resolve the controversy and issue corresponding resolution on the matter of maintaining the status quo relationship between the parties as of October 21, 1972 and/or preventing the ejectment of the tenant-farmer and/or reinstating and maintaining him in the peaceful possession and cultivation of the farmholding. Thereafter, the resolution together with the complaint as well as the supporting documents shall be forwarded to the Provincial Commander who shall summon thereafter the landowner and all the persons cited in the said complaint, for the purpose of confronting them with the violation or violations committed and warn them of the serious consequences thereof, and to inform them to immediately cease any and all acts of coercion or harassment against the tenant-farmers and, if the latter has been removed, ejected or excluded from his landholding, to reinstate him and to maintain said tenant-farmer in the peaceful possession and cultivation of his farmholding. For this purpose, and to ensure compliance of the law, the landowner and all persons involved in the controversy, adequate security or escort shall be provided by the PC Provincial Commander to the tenant-farmer and MAR personnel assisting the said tenant-farmer;
Should the complaint for violation of PD 583 involve an official or employee of the Government, the Agrarian Reform District concerned shall forward the records of the case to the MAR Regional Director, who shall transmit the same together with his recommendation to the Minister of Agrarian Reform for the latter's appropriate disposition. However, if the complaint involves any member of the Armed Forces of the Philippines the Agrarian Reform Regional Director shall forward the complaint and supporting documents to the Minister of National Defense.
6. Question — WHAT IS THE MEANING OF THE PRINCIPLE OF MAINTENANCE OF THE "STATUS QUO"?
Answer — When there is breach of peace and order, or an imminent threat thereof, caused by the actual or attempted disturbance of a situation without lawful order or authorization, the proper way to maintain peace and order is usually thru the maintenance of the "status quo". "Status quo" means the condition or situation before the controversy.
Illustrative Case No. 1.
A tenant is being ordered or intimidated by his landlord or by a third party to leave his landholding. The tenant is, therefore, disturbed. The landlord or third party threatens to use force if the tenant does not vacate the landholding.
The tenant asks the AFP unit or station commander to tell the landlord or third party to desist from ejecting the tenant by force or from threatening violence if he does not vacate the land. TacADE
Proper Action:
The military or police officer should immediately notify the nearest MAR officer of the situation, so that the latter may be able to determine and decide who should be entitled to the possession of the land. After decision is reached, the same military or police officer should see to it that the decision is implemented by the concerned MAR or Court personnel. Pending the resolution of the problem, the military and/or police officer should see to it that peace and order is maintained and that no acts of violence or intimidation are committed.
For his own protection, the police or soldier involved should seek the legal advise and support of the civilian agency or court having jurisdiction.
Illustrative Case No. 2.
When the police or military officer arrives at the scene, the landlord or a third party is in the process of bulldozing the landholding of the tenant or destroying his crops or demolishing his home, against the protest of the tenant.
Proper Action
The police or military officer should inquire if the landlord or third party has a written authority from the proper office or court, and if not, he should stop the bulldozing, the destruction of the crop and demolition of the house. He should advise the landlord or third party to file the proper case in the court or in the proper civilian agency.
Meantime, he should maintain peace and order and protect the tenant who was in actual possession of the landholding before the controversy:
The same course of action should be undertaken in cases where the police or military officer sees, upon coming to the scene, that the landholder or other third person is constructing a fence within or around the landholding in question against the will of the actual possessor or tenant, or obstructing a passage way or road within or leading to the landholding which has always been open before, against the protest of the tenant or possessor of the landing, or is doing any similar acts of interference with the peaceful possession or full possession of the landholding, or any of its improvements, or the enjoyment of easements connected with said landholding, when it is established that said tenant or possessor has been enjoying the same before the controversy.
Illustrative Case No. 3.
When the police or military officer arrives at the scene, two persons are fighting for possession of a pig or some other animal, each one claiming to be entitled to said animal.
Proper Action:
The police or military officer should first determine which party had possession of the animal before the controversy. Then, he should order that said animal be given first to said party and advise the other who claims it to file the proper action in the proper civilian agency, office, or court.
Until said civilian agency, office, or court decides who has right of possession of the animal in question, the party who was in possession before the controversy should be protected in his possession.
Illustrative Case No. 4.
A number of farmer-settlers are occupying a piece of public land. Suddenly, a second party comes around claiming that he has the right over such lands through a grant of free patent or sales patent. The patentee is therefore, ejecting the farmer-settlers from the land, against the latter's will.
Proper Action:
The police or military officer should protect the farmer-settlers who have been in possession of the land before the coming of the second party and should advise the second party to file his case with the Ministry of Natural Resources or with the proper court; and until the Ministry of Natural Resources or the proper court settles the matter, the police or military officer should protect the farmer-settlers in their peaceful occupation.
Illustrative Case No. 5.
The problem becomes more difficult when the situation before the controversy has already been changed or disturbed when the police or military arrives at the scene, as for instance, when the demolition has been completed and the landlord or third party has already established his own possession by, for instance, constructing his house and establishing himself or other people therein, while the tenant has nowhere to stay.
Proper Action:
In this particular case, the police or military officer should immediately, and if possible, personally go to the civilian agency or court of seek advise and/or temporary solution so that the status quo occupant will not suffer unduly.