April 19, 2006
DAR ADMINISTRATIVE ORDER NO. 04-06
SUBJECT : Revised Guidelines Governing the Turn Over of Lots Allocated for Public Use and/or Actually Utilized for Public Purposes Within DAR Administered Landed Estates and Settlement Projects and Lands Acquired under Executive Order No. 448 in Favor of the Government Agencies Concerned
For an orderly and systematic turn over of lots classified as public and/or actually utilized for public purposes within the Department of Agrarian Reform (DAR) administered landed estates acquired under Commonwealth Act (C.A) No. 539, Republic Act (R.A.) Nos. 1160, 1266 and 1400, and settlement projects and lands acquired under Executive Order (E.O.) No. 448, in favor of Local Government Units (LGUs) or National Government Agencies (NGAs) concerned for their development, maintenance and administration, the following guidelines are hereby prescribed.
ARTICLE I
General Provisions
SECTION 1. Coverage. — These guidelines shall cover lots which are already turned over, and classified and/or actually utilized for public purposes such as government centers, public school sites, public cemetery sites, nursery or demonstration farms, roads and other lots acquired under C.A. No. 539, R.A. Nos. 1160, 1266 and 1400, and settlement projects including lands turned over to DAR under E.O. No. 448, subject to the following criteria:
1.1 In case the lots are classified for public use:
1.1.1 The lots are covered by approved subdivision plan and technical descriptions as public sites;
1.1.2 The lots are not covered by homestead or by miscellaneous sales patent/application, Certificate of Land Ownership Award (CLOA), title, certificate or award to any person, whether natural or juridical; cSIHCA
1.1.3 The lots are free from adverse or conflicting claims, or are not the subject of any administrative or court case;
1.1.4 The lots and/or improvements therein are no longer being actually utilized or administered by DAR; and
1.1.5 The lots are not occupied or utilized for any purpose other than for public use.
1.2 In case the lots are not classified for public use:
1.2.1 The lots are not covered by any homestead or miscellaneous sales patent/application, CLOA, title, certificate or award to any person, whether natural or juridical;
1.2.2 The lots are actually being utilized by the local or national government for public purposes;
1.2.3 The lot to be turned over to the government agency concerned shall not displace or prejudice any agrarian reform beneficiary (ARB); and
1.2.4 The subject lot is free from any adverse claim, conflict or court case.
SECTION 2. Manner of Disposition. — Lots subject of this Order shall be turned over to the government agencies concerned upon official request through the execution of a Deed of Transfer (DOT) by the DAR Secretary and the head or any duly authorized representative of the LGU or NGA concerned.
SECTION 3. Conditions/Restrictions/Prohibitions. — The turn over of lots shall be subject to the following conditions/restrictions/prohibitions:
3.1 The lots shall be exclusively utilized for the purpose for which they are classified and/or being actually utilized for public purposes and shall be maintained and developed in accordance with existing rules and regulations; ITaCEc
3.2 The lots shall not be sold, transferred or in any manner encumbered;
3.3 All expenses for the registration of transfer documents and the corresponding issuances of title, including fees, taxes or charges, if there is any, shall be borne exclusively by the transferee; and
3.4 The conditions/restrictions/prohibitions stated herein shall be incorporated in the DOT to be executed and shall be annotated in the title to be issued in favor of the transferee and/or its successor-in-interest (e.g. newly created government agency/ies in lieu of the transferee, if the same is abolished/merged).
ARTICLE II
Operating Procedures
SECTION 4. Operating Procedures (See TURN OVER Annex "B" for the Process Flow). — The following procedures shall govern the turn over of lots:
4.1 Department of Agrarian Reform Municipal Office (DARMO)
4.1.1 Initiates the identification of lots subject of turn over and conducts ocular inspection of the same.
4.1.2 Prepares the Investigation Report (TURN OVER Form No. 1) and Summary List of Lots for Public Use/E.O. No. 448 (TURN OVER Form No. 2).
4.1.3 Prepares the Turn Over Folder (TOF) containing the documentary requirements under Art. II, Sec. 4, Item 4.1.2 herein provided including the following:
a. Approved Technical Description of lots; and
b. Sketch plan of each lot indicating its occupants and the improvements found and the owners thereof.
4.1.4 Forwards the TOF to the DAR Provincial Office (DARPO) for review. IcHTAa
4.2 Department of Agrarian Reform Provincial Office (DARPO)
4.2.1 Reviews and evaluates the TOF submitted by the DARMO. If the TOF is found in order, obtains a clearance on non-adversarial claim (TURN OVER Form No. 3) from the Chief, Legal Section for appendage to the TOF. Otherwise, returns the TOF to the DARMO for appropriate action.
4.2.2 Prepares and signs the Notice of Turn Over (TURN OVER Form No. 4) addressed to the LGU or NGA concerned.
4.2.3 Prepares the DOT (TURN OVER Form No. 5) and the list of lots subject of transfer (TURN OVER Annex "A") after the LGU or NGA signifies its acceptance of the turn over.
The Provincial Agrarian Reform Officer (PARO) shall affix his/her initial to the duplicate copy of the DOT.
4.2.4 Forwards the TOF, together with the duly initialled DOT and corresponding recommendations to the DAR Regional Office (DARRO) for appropriate action.
4.3 Department of Agrarian Reform Regional Office (DARRO)
4.3.1 Conducts review of the TOF and DOT. If in order, causes the affixing of initial by the Regional Director (RD) on the duplicate copy of the DOT. Otherwise, returns the TOF and DOT to the DARPO for appropriate action.
4.3.2 Forwards the duly initialled DOT, together with the TOF, to the Bureau of Land Acquisition and Distribution (BLAD) for evaluation and final review.
4.4 Bureau of Land Acquisition and Distribution (BLAD)
4.4.1 Conducts the evaluation and review of the proposed turn over of lots.
4.4.2 If findings merit the turn over, recommends to the DAR Secretary, through the Undersecretary and Assistant Secretary of the Field Operations Office (FOO), for the approval and signing of the DOT. Otherwise, refers back the matter to the DARRO for appropriate action. TCASIH
4.5 Office of the Secretary (OSEC)
4.5.1 Upon approval and signing by the Secretary of the DOT, transmits the same, together with the TOF, to BLAD for proper transmission to the Regional Director, copy furnished the DARPO/PARO concerned.
4.6 Provincial Agrarian Reform Officer (PARO)
4.6.1 With the assistance of the Municipal Agrarian Reform Officer (MARO) presents the signed DOT to the grantee/transferee for his/her acceptance and signature.
4.6.2 Upon perfection of the DOT, undertakes the following:
a. For lots acquired under C.A. No. 539, R.A. Nos. 1160, 1266 and 1400, requests the Register of Deeds (ROD) concerned to register the DOT and to issue the corresponding Transfer Certificate of Title/s (TCT/s) in favor of the grantee/transferee. Likewise, ensures that the conditions/restrictions/prohibitions provided under Art. I, Sec. 3 of this Order are duly annotated in the title;
b. For untitled lots acquired through Presidential Proclamation (Settlement Projects and E.O. No. 448), advises the grantee/transferee on the agency's responsibility on the titling of lots in accordance with the appropriate provisions of the Public Land Act (C.A. No. 141), particularly on the issuance of special patent by the Office of the President through the Department of Environment and Natural Resources (DENR) or Act No. 496 (Land Registration Act), as amended by Presidential Decree (P.D.) No. 1529, whichever is applicable.
4.6.3 Thereafter, initiates and schedules the formal turn over of lots to the agency/ies concerned and preferably with the presence of the DAR Secretary and DAR field officials concerned.
ARTICLE III
Reporting and Monitoring
SECTION 5. Reporting and Monitoring. — The DARMO shall conduct quarterly monitoring of the transferee's compliance of this Order, including the agreed use of the land or conditions and agreements of said transfer. It shall provide regular reports to the DARPO, which in turn, forwards the said report to DARCO-BLAD, copy furnished the DARRO.
ARTICLE IV
Final Provisions
SECTION 6. Miscellaneous Provision. — The registration of the DOT and titling of registerable untitled lots in settlement projects previously turned over to an LGU or NGA under Memorandum Circular (M.C.) No. 26, Series of 1995, shall be effected in accordance with the applicable provisions of Art. II., Sec. 4, Item 4.6.2(b) of this Order.
SECTION 7. Repealing Clause. — All other Orders, Circulars and Regulations inconsistent herewith are hereby modified or repealed accordingly.
SECTION 8. Effectivity. — This Order shall take effect ten (10) days after its publication in two (2) newspapers of general circulation pursuant to Section 49 of R.A. No. 6657.
Diliman, Quezon City, April 19, 2006.
(SGD.) NASSER C. PANGANDAMAN
OIC-Secretary
Published in Philippine Star and Manila Times on April 26, 2006.
Turn Over Form
