November 5, 1973

DEPARTMENT MEMORANDUM CIRCULAR NO. 26-73

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

SUBJECT    :     Guidelines of the Determination of Production Data Under Presidential Decree No. 27

            Pursuant to Presidential Decree No. 27 dated October 21, 1972, the following guidelines on the determination of production data under Operation Land Transfer are hereby prescribed and published for the guidance of all concerned:   ADCEcI

I.          BASIS IN DETERMINING PRODUCTION DATA — The value of the land shall be equivalent to two and one-half (2½) times the average gross harvest of three normal crop years immediately preceding the promulgation of the degree on October 21, 1972.

            The factors in determining production are: (a) gross harvest for three normal crop years immediately preceding October 21, 1972, and (b) average of such gross harvests.

            The determination of production shall be per hectare in terms of cavans of palay and/or corn at 50 kilos per Cavan, and in terms of kilos in the case of auxiliary crops, if any, on the basis of the harvests during the three normal crop years immediately preceding October 21, 1972. Auxiliary or secondary crop is any seasonal crop raised after rice and/or corn for which leasehold rentals or crop shares were paid or have been agreed upon to be paid.

II.         LAND CATEGORIES — For the purpose of determining production four (4) land categories shall be considered, namely:

1.         Corn land

2.         Upland rice

3.         Lowland rice unirrigated or rainfed

4.         Lowland rice irrigated

            Determination of production shall be on a barrio-wide basis for the above land categories.

III.       GATHERING OF PRODUCTION DATA — DAR fieldmen shall gather production data for the four (4) land categories. The production data may be taken from the records of government agencies involved in rice and corn production, farmers' interviews, landowners, rice and thresher operators, rice millers and such other sources as may be available. These production data shall be compiled and collated by barrio and by municipality, and together with the production records from the Operation Land Transfer form as compiled and collated by the National Computer Center (NCC), shall be the basis for the Barrio Committee on Land Production (BCLP), in determining the average gross production of each land category in the barrio.

            All production data shall be per hectare in cavans of palay and/or corn of 50 kilos net, and in kilos in case of auxiliary crops.   ESITcH

IV.       BARRIO COMMITTEE ON LAND PRODUCTION (BCLP)

A.        Composition — There shall be created in every barrio covered by Operation Land Transfer, a Barrio Committee on Land Production (BCLP) to be composed of:

1.         Barrio Captain;

2.         One (1) representative of the Samahang Nayon;

3.         Form (4) representatives of the tenant-farmers;

4.         Two (2) representatives of the owner-cultivators;

5.         Two (2) representatives of the landowners; and

6.         One (1) DAR REPRESENTATIVE.

            The representative of the Samahang Nayon shall be designated by the Samahang Nayon in the barrio.

         The four (4) representatives of the tenant-farmers shall be elected by the tenant-farmers from among themselves. The DAR FMT shall initiate and supervise the election of the tenant-farmers' representatives. A record of the election result shall be kept by the DAR FMT.

        The landowners and owner-cultivators in the barrio may elect or designate their respective two (2) representatives. The DAR FMT shall initiate such election or designation. The representatives elected or designated shall present their credentials to the DAR representative in the Committee.

            The representative of the DAR shall be designated by the Team Leader of the Agrarian Reform Team which covers the barrio. He shall be a member of the BCLP and shall act as its Secretary but he cannot vote or be voted upon. He shall keep and maintain the records of all proceedings of the BCLP meetings.

            The Committee shall elect its Chairman; and in its deliberation, the presence of at least six (6) voting members, including the Chairman, shall constitute a quorum. The Chairman shall not vote except in case of a tie.

B.        Organization — It shall be the responsibility of the Agrarian Reform Team under whose jurisdiction the barrios covered by Operation Land Transfer are located to organize the BCLP. A report on the organization of the BCLP and the names of the members of the Committee and date of organization shall be submitted to the DAR Central Office and the Regional Office concerned.   CTaSEI

C.        Functions — The BCLP shall have the following functions:

1.         To determine the three normal crop years immediately preceding October 21, 1972 in the barrio;

2.         To determine the average gross production of each of the land categories in the barrio for the said three normal crop years and to post the said as required hereunder;

3.         To accept any protest against the production data as posted, and after due deliberation thereon, to submit to the DAR Central Office the average gross production finally determined by it for each of the land categories, copy furnished the Team and Regional Offices concerned;

4.         To perform such other functions as may from time to time be assigned to it by the DAR Secretary; and

5.         To adopt rules and regulations governing the conduct of its business.

            To avoid wide divergence of production data of adjacent and contiguous barrios, the BCLP in each barrio may compare their respective production data and as far as practicable reconcile the same.

V.        POSTING OF PRODUCTION DATA — The production data as determined by the BCLP shall be posted in the most conspicuous place in the barrio and in the municipal hall of the municipality concerned for a period of fifteen (15) days. The BCLP shall report to the Agrarian Reform Team the date and place of posting.

VI.       PROTEST

1.         Any interested party who does not agree with the production data as determined and posted by the BCLP shall file his protest in writing with the BCLP within ten (10) days from the last day of posting of such production data in the barrio. If no protest is filed within the said period the production data shall be considered final;

2.         The BCLP shall hear and decide the protest within fifteen (15) days from receipt thereof;   HcTDSA

3.         If the protestant is not satisfied with the decision of the BCLP, he may within five (5) days from receipt thereof appeal to the Regional Director concerned by filing such appeal with the BCLP Secretary who shall forward the records to the Regional Director. The Regional Director shall render a decision thereon within ten (10) days from receipt of the appeal.

4.         If the protestant is not satisfied with the decision of the Regional Director; he may, within ten (10) days from receipt thereof, appeal to the DAR Secretary, by filing such appeal with the Regional Director who shall forward the records to the Secretary. The decision of the Secretary shall be final.

VII.      TRANSMITTAL OF PRODUCTION DATA. — After the finality to the production data as determined or after all protests shall have been resolved, the data shall be sent to the DAR Central Office. It shall be the responsibility of the BCLP Secretary to transmit to the DAR Central Office the production data which became final in the BCLP. Likewise it shall be the responsibility of the Regional Director to forward to the Central Office the production data which became final in his Office.

            All production data shall be subject to the review and approval by the DAR Secretary. Thereafter, copy of the approved production data shall be furnished the Team, District and Regional Office concerned.

VIII.     PROCESSING OF FINALLY DETERMINED PRODUCTION DATA — DAR, Central Office through the Planning Service, shall transmit in proper form the duly approved production data to the National Computer Center (NCC), for processing and determination of the value of the land per hectare for each land category.

            The NCC shall prepare amortization schedules based on the above land values for the barrio which shall be furnished the Department of Agrarian Reform. Such land values and amortization schedules shall be subject to the review and approval by the DAR Secretary.

The DAR shall furnish the tenant-tillers and the landowners copies of the duly approved amortization schedules for their information and guidance.

            Compliance herewith is enjoined.   ATHCac

            Quezon City, November 5, 1973.

(SGD.) CONRADO F. ESTRELLA
Secretary