April 26, 1974

DEPARTMENT MEMORANDUM CIRCULAR NO. 12-74

SUBJECT    :     Guidelines in the Cancellation of Allocations of Abandoned Farmlots and/or Homelots in Resettlement Projects

            To provide an expeditious reallocation of abandoned farmlots and/or homelots in resettlement projects, the following guidelines are hereby prescribed to govern the cancellation of certificates of allocation, orders of award and Certificates of similar nature:   TcCDIS

A.        BASIS OF CANCELLATION

 Farmlots or homelots shall be considered abandoned under any of the following grounds;

1.         Absence of the settler-allocatee from the resettlement project for more than six (6) months without the written permission of the Agrarian Reform Team Leader concerned;

2.         Transfer of rights without the consent and approval of the Agrarian Regional Director concerned;

3.         Voluntary renunciation or waiver of rights in writing;

4.         Death of the settler-allocatee if he has no compulsory heirs;

5.         Failure to occupy/cultivate the lot for a period of more than six (6) consecutive months from the date of allocation of said lot;

6.         Employment of a tenant in the cultivation of the lot;

7.         Refusal to be a member of the Samahang Nayon (Barrio Association) or Farmers' Cooperative; and

8.         Such other acts or circumstances as are indicative of lack of interest to continue cultivating the lot.

B.        FIELD INSPECTION AND INVESTIGATION:

            Upon information or report about the existence of any of the grounds for abandonment under paragraph A hereof, the Agrarian Reform Team Leader shall conduct an ocular inspection and investigation of the lots reportedly abandoned and submit a report to the Agrarian Reform Regional Director (copy furnished the allocatee, Agrarian Reform District Officer, and the Land Distribution Division, Bureau of Land Acquisition, Distribution and Development) containing, among others, the following:

1.         Identification of the farmlot and/or homelot, i.e., number, survey number, area and location;

2.         Name and address of allocatee and spouse;

3.         Date of allocation of the lot;

4.         Improvements introduced by allocatee, if any, and estimated value;

5.         Homestead, Free Patent or Sales Application number, if any;

6.         A brief narration of the circumstances which constitute the grounds of abandonment of the lot mentioned in paragraph A hereof;

7.         Name of actual occupant/cultivator other than the allocatee, extent of occupancy/cultivation and estimated value;

8.         Improvements introduced by occupant/cultivator, if any, and estimated value of each improvement;   TacADE

9.         Length of occupancy/cultivation;

10.       Status of occupant/cultivator, whether a transferee, lessee, share tenant, hired laborer, farmhand, nonsettler, squatter, etc., and circumstances surrounding such occupation/cultivation;

11.       Adverse claimant, if any, and basis of claim;

12.       Other necessary information; and

13.       Comments and recommendation.

C.        PREPARATION AND ISSUANCE OF THE ORDER OF CANCELLATION:

            Upon receipt of the report of the Agrarian Reform Team Leader, the Agrarian Reform Regional Director shall refer the same to his Legal Staff for review and evaluation and should the findings so warrant, the latter shall prepare for his signature the corresponding order cancelling the allocation and declaring the lot abandoned. Copies of the Order shall be furnished the allocatee at his last known address, the Bureau of Resettlement, the Land Distribution Division, BLADD, District Office and Agrarian Reform Team concerned.

D.        POSTING AND/OR PUBLICATION OF THE ORDER OF CANCELLATION :

            The Agrarian Reform Team leader shall cause the posting of copies of the Order of Cancellation for a period of thirty (30) consecutive days in the following places:

1.         Bulletin Board of the Agrarian Reform Team concerned;

2.         Conspicuous place on the land itself;

3.         Bulletin Board of the Barrio Hall or the usual place of meeting of the Barrio Council concerned where the land is located;

4.         Bulletin Board of the Town Hall of the Municipality where the land is located.

            After the expiration of the period of the posting, the Agrarian Reform Team Leader concerned shall submit to the Regional Office concerned a certification stating that copies of the Order have been posted in said place and remained so posted during the duration of the required period mentioning therein the inclusive dates of posting.

E.         FINALITY OF THE ORDER

            The Order of Cancellation shall become final after thirty (30) days from receipt by the allocatee of a copy thereof or after thirty (30) days from the last day of the latest posting as provided in paragraph D hereof if the allocatee has not received a copy of said Order sent to his last known address.

F.         LETTER OF RECONSIDERATION

            At any time before the Order becomes final and executory, the allocatee may file a letter to reconsider the Order of Cancellation directly with the Office of the Agrarian Reform Team concerned. The letter of reconsideration shall state clearly the reasons why the lot should not be declared abandoned.   IEHScT

            The Agrarian Reform Regional Director shall resolve the letter of reconsideration within a period of fifteen (15) days from the date of receipt thereof. However, should a hearing of the letter of reconsideration be deemed necessary, he may conduct such hearing and shall resolve the same within fifteen (15) days after submission for resolution.

G.        APPEAL

            Within fifteen (15) days from receipt of the letter or order of denial of the letter of reconsideration, the allocatee may appeal to the Department of Agrarian Reform.

            The letter of appeal shall state, among other things, the disputed findings of facts.

            The decision of the Secretary shall be final and executory after fifteen (15) days from receipt by the allocatee of a copy of such decision.

H.        EFFECTS OF A FINAL ORDER OF CANCELLATION

            From the date the Order of Cancellation has become final and executory, such Order shall have the following effects:

1.         The Certificate of Allocation issued to the settler is deemed cancelled;

2.         The right of the settler to occupy and/or cultivate the land is deemed lost;

3.         The settler is disqualified from again becoming a settler; and

4.         All rights and interests to, and the improvements and crops on the land are forfeited to the Government.

5.         'The Secretary of Agrarian Reform may order such improvements and crops to be appraised separately for sale to the new applicant or allocatee and the proceeds thereof shall be applied to the indebtedness of the settler. If after such application, the settler has still an outstanding balance, the new applicant or allocatee shall assume the same.

6.         The application for land patent covering the lot of the allocatee is deemed cancelled.

I.          RELATED MATTERS

            During the pendency of the abandonment proceedings no third person shall be allowed to occupy or cultivate the subject lot. However, should said lot be occupied by a third person at the time of the institution of the abandonment proceedings, he may be allowed to continue possession and cultivation without prejudice to the outcome of the proceedings.

            After the lots subject of the investigation for cancellation of the allocations have been ascertained, the Agrarian Reform Team Leader shall verify which of the subject lots are covered by applications for land patents and immediately report the number and allocatee of each lot to the Land Distribution Division, BLADD, and Agrarian Reform Regional Director concerned for the purpose of suspending the processing of said applications until the Order resolving each case or cases has become final and executory.

J.         EFFECTIVITY

            This Memorandum-Circular shall take effect immediately and all Orders, Circulars, Memoranda, and rules and regulations or portions thereof inconsistent herewith are hereby revoked, cancelled or modified, as the case maybe.   DHAcET

            April 26, 1974.

(SGD.) CONRADO F. ESTRELLA
Minister