July 24, 1991
DENR-DAR JOINT ADMINISTRATIVE ORDER NO. 06-91
SUBJECT : OPERATIONAL GUIDELINES FOR UNDERTAKING SURVEYS ON PRIVATE AGRICULTURAL LANDS COVERED BY THE COMPREHENSIVE AGRARIAN REFORM PROGRAM
In order to strengthen the coordination and to ensure effective linkages between DENR and DAR the following guidelines for the execution of survey of lands covered by the CARP are hereby prescribed:
1. This Circular covers the execution of all kinds of survey of private agricultural lands covered by the Comprehensive Agrarian Reform Program (CARP).
2. All lands not covered by certificates of title turned over to DAR by various government agencies pursuant to Executive Order No. 407 shall also be surveyed by the DENR.
A. The DENR Regional Technical Director for Lands shall assign the survey of CARP covered areas to the survey party or to private contractors only upon the written request of the MARO/PARO which is coursed through DARRO who shall forward the said request to the DENR.
B. DENR shall undertake the survey upon submittal of the technical documents by DAR. However, the DENR shall accept only the list of landholdings with complete technical documents, comprising the following: TSHEIc
— a photocopy of the title with technical descriptions;
— a certified survey plan or a sketch plan with vicinity map;
— subdivision scheme (for subdivision survey only).
Request from DAR not supported by the above documents shall be returned immediately by the DENR. All throughout the execution of survey, a DAR representative shall be present to thresh out problems that may arise.
C. DAR shall be responsible for the preparation of the schemes of the subdivision of untenanted lots. Subdivision of tenanted lots shall be based on actual occupancy of the tenants subject to the maximum allowable area for a farmer beneficiary.
D. In case of untenanted landholdings, survey work shall be initially limited to perimeter or boundary survey of the portion which is suited for agriculture. However, subdivision survey may be done simultaneously with the boundary survey if the scheme of the subdivision is submitted by DAR before DENR starts the fieldwork.
E. In case landholdings have existing tenant - occupants, a DAR technician shall assist in identifying the lot boundaries and the tenants and shall indicate and decide the action for the portion of lot occupied by the tenant that will exceed the three (3) hectare limit.
F. Both DAR and DENR shall maintain a journal where all landholdings submitted for the survey and its status shall be recorded in order to prevent duplication of survey and for easy monitoring.
G. All expenses incurred for the survey of lands covered by this circular shall be charged against CARP Survey Funds (ARF and Regular).
H. For purposes of annual planning and programming, only landholdings turned over by DAR to DENR with complete technical documents as of the end of the 3rd quarter shall be accommodated in the DENR's workload for that particular year. All other technical documents submitted thereafter shall still be received only for the subsequent year's workload.
Procedure for Boundary Survey
A. Preliminary Activities
1. A copy of the certified survey plan or a sketch plan with vicinity map relative to the nearest reference point shall accompany the request from the DAR.
2. If no survey or sketch plan is furnished to DENR a copy of the survey plan should be secured or a sketch plan of the property should be prepared by the DAR from the title or other documents.
3. The actual field identification of the property shall be closely coordinated with the DAR and for this purpose the survey team shall be accompanied and assisted by at least one (1) DAR technician familiar with the area.
B. Field Work
1. Conduct a reconnaisance of the area and gather as much information about the property from residents or tenants/occupants of the area.
2. Corners should be marked with standard monument in accordance with the provisions of the Manual for Land Surveys of the Philippines. In cases where there are adequate physical features defining the boundaries, such as natural or manmade features, existing corner monuments or markers, and if the boundary could be sufficiently delineated after having been identified in a relocation survey, these features shall be adopted.
3. Portions of the property covered by forest lands, natural features, man-made infrastructures, and predominantly covered by crops shall be delineated in the survey conducted by the DENR. The identification of other non-arable lands shall likewise be reflected as pinpointed by a DAR technician.
C. Survey Output
Five (5) whiteprints/blueprints copies of the approved survey plan and certified technical description shall be furnished the DARRO after each project or module is verified and approved. The whiteprints/blueprints and technical descriptions shall be properly certified by the authorized DENR Regional Official.
Procedure for Subdivision Survey
A. Preliminary Activities
1. Upon receipt of the request for survey from DAR together with the subdivision scheme and technical documents, DENR-RTD for Lands shall assign the survey work to the survey party or private contractor.
2. If the antecedent survey is LRC approved, a copy thereof must be attached to the survey returns.
3. If the records of previously approved surveys are no longer available inspite of diligent efforts to recover the same, certification from the agencies concerned shall be secured and the lots/parcels embraced therein shall be resurveyed citing the reasons thereof in the field notes cover. In addition, the Geodetic Engineer concerned shall prepare and submit a separate report on the resurvey executed to form part of the documentation for the court proceeding that will be initiated for the inscription of the new Technical Description in the title.
4. Manufacture and Setting of Concrete Corner Monuments
a. Corners of the lots shall be marked preferably with standard concrete corner monuments 15 centimeters in diameter by 40 centimeters made of 1:2:4 mixture of cement, sand and gravel respectively, and marked on top with engraved letters AR (Agrarian Reform) instead of GS or PS.
b. To facilitate completion of the survey work, and in line with the self-help principle in government projects, the farmer-beneficiaries shall be encouraged to set the monuments in their respective lots and this should be done under the supervision of DAR and DENR technical personnel.
5. Survey Notification and Conduct of Pulong-pulong
a. Before the start of the survey of tenants concerned, adjacent land owners and local government officials shall be duly notified.
b. A Pulong-pulong of all concerned shall be conducted before and after the actual survey.
B. Field Work
1. Survey Controls
a. The quality of controls to be used shall be determined by Section 93 of the Manual for Land Surveys in the Philippines. Connections to the nearest established points of reference shall be made. If nearby points of references are no longer available, that fact must be stated in the field notes' cover.
2. Survey of Areas as Categorized
a. All the tenanted portions of the titled property covered by land transfer shall be surveyed as separate lots.
b. In case a titled property is covered by a combination of land transfer and leasehold due to the retention rule, the retained portions subject to leasehold shall also be surveyed as separate lots.
c. In the case of conflict of boundaries as claimed by the tenants, the DAR representative shall decide the conflict and such decision shall be reflected on the survey plan.
d. Areas falling within government reservations shall be surveyed jointly with or upon prior clearance from the agencies concerned, or upon presentation by the DAR of the acquisition documents or authority for such survey.
e. For lands covered by surveys found to contain gross errors and already titled, a narrative report shall be submitted by the Geodetic Engineer concerned which shall also include the recommendation for the adoption of the new and correct survey and for the correction of the title through appropriate proceedings. If still untitled, the narrative report of the Geodetic Engineer concerned shall include the recommendation for the rejection/cancellation of the old survey and approval/adoption of the new survey.
f. Portions of landholdings intended or actually used for non-agricultural purposes such as areas reserved for right-of-ways, highways, embankment/dikes, impact/target ranges, mobilization/training grounds, irrigation canals, multi-purpose pavements and other infrastructures shall be surveyed as separate lots. Likewise, eroded and highly silted areas caused by run-off-water and/or floods shall be surveyed as separate lots and indicated as such. In all instances, the agencies or authorities concerned shall be consulted. EHCcIT
g. The determination of the areas mentioned in a, b, c, and d shall be done as pinpointed by a DAR representative.
h. In cases where a landholding involved covers an area of 3 hectares and below, having one tenant beneficiary, only the sketch plan shall be prepared.
C. Preparation of Survey Returns (Field/Office Phase)
1. Survey Forms
a. Prescribed L.M.B. Forms for isolated surveys shall be used.
2. Numbering of Lots
a. Titled Lots
1. For surveys where the resulting sublots do not exceed 26, the letters of the alphabet shall be used.
2. In case the sublots exceed 26, the lot number shall start in consecutive order from "1" up.
b. Untitled Lots
1. The same numbering system for untitled lots shall be used.
a. The system of computations used in isolated surveys shall be used, and pertinent provisions of the Manual of Land Surveys in the Philippines governing this phase of the survey work shall be observed.
4. Preparation of Plans
a. The form for isolated survey plan shall be used.
b. The present system designating and numbering survey in the Region shall be observed. However, to distinguish CARP surveys from other surveys, the survey symbol and number shall be followed by the letters AR, enclosed in parenthesis, such as Bsd-10-001981 (AR), Csd-04-002114 (AR), Bcs-10-001492 (AR), Psd-03-002416 (AR), etcetera.
c. The map scales to be used shall be those prescribed by Section 315 of the said manual.
d. One survey plan on the prescribed drafting film and/or tracing cloth material or other acceptable drafting material shall be prepared for each titled property. Contiguous areas covered by more than one title with the same landowner may also be prepared on one (1) plan provided that the lands are located in the same municipality and can be accommodated on the plan at the prescribed scale. DEScaT
5. Required documents as enumerated in DENR Administrative Order 4-14-1(a), Section 415 and/or 803 of land surveys manual shall be submitted with the survey returns.
1. Survey of farmers' homelots shall be in accordance with the provision on isolated survey in the Manual for Land Surveys in the Philippines.
2. In cases where the farmers' homelots are within the project site, the individual delineation of the farmers' homelots shall be automatically included in the survey. However, if the farmer homelots are outside the project site, the DAR may separately arrange with the DENR the survey of the said homelots.
Subdivision of Lots Within Landed Estates and Settlement Projects Under DAR Administration
A. Upon the written request of the DAR Regional Director, the DENR may also conduct surveys within previously subdivided Landed Estates and Settlement Projects under DAR administration, provided that the survey work shall be confined to the subdivision of formerly single lots but subsequently allocated to two or more farmer-tillers, and provided, further, that the DAR shall submit the complete inventory of the lots to be resubdivided for each project with the written request for survey to the DENR.
B. The subdivision survey of other unsurveyed Landed Estates and Settlement Projects being administered by the DAR shall also be undertaken by the DENR upon the written request of the DAR Regional Director concerned.
This Circular amends or modifies previous issuances inconsistent herewith and shall take effect immediately.
Quezon City, July 24, 1991.
(SGD.) FULGENCIO S. FACTORAN, JR.
Department of Environment and Natural Resources
(SGD.) BENJAMIN T. LEONG
Department of Agrarian Reform