November 21, 1996
DAR ADMINISTRATIVE ORDER NO. 06-96
SUPPLEMENTAL GUIDELINES TO ADMINISTRATIVE ORDER NO. 8, SERIES OF 1995 — RE: RULES AND PROCEDURES GOVERNING THE TRANSFERABILITY OF LANDS AWARDED TO AGRARIAN REFORM BENEFICIARIES (ARBS) PURSUANT TO P.D. NO. 27/E.O. NO. 228 AND R.A. NO. 6657
I. RESTATEMENT OF POLICY
The last paragraph of Item No. II-2 of A.O. No. 08, Series of 1995, provides that "consistent with the government policy to preserve prime agricultural lands, irrigated or irrigable lands under A.O. No. 20, Series of 1992 of the Office of the President shall be non-negotiable for conversion. The non-negotiability shall be annotated at the back of the Transfer Certificate of Title (TCT) by the Register of Deeds (ROD)." aCITEH
Consistent with the above policy, the following additional rules and procedures are prescribed for the process of registering the transfer of awarded lands and inscribing the concommitant annotation on the transfer certificate of title (TCT).
II. RULES AND PROCEDURES
1. A notarized certification (Annex "A") by the Regional Irrigation Manager (RIM), for areas served either by communal or national irrigation systems; the Irrigation Superintendent (IS), for areas served by national irrigation systems; or the Provincial Irrigation Manager (PIM), for areas served by communal irrigation systems of the National Irrigation Administration (NIA), as the case may be, as to whether or not the subject land is irrigated or irrigable, shall be required as an additional document to be submitted by the awardee/transferor, pursuant to item No. III-A of A.O. No. 08, Series of 1995 to support the decision of the Regional Director in issuing an Order.
The MARO, together with the BARC Chairman, shall jointly validate the certification issued by the concerned NIA Field Officers by conducting an ocular inspection of the land subject of transfer. In the event of a discrepancy, a report shall be prepared by the MARO which shall form part of the documents to be submitted to the PARO as mentioned in Item III-B (3) of A.O. No. 8, Series of 1995.
2. The Order approving or disapproving the request to convey or transfer the awarded lands from the awardee to the transferee (i.e., CARP Form No. 23, Annex "B") shall be used by the Register of Deeds in registering the transfer, and/or inscribing the non-negotiability for conversion, if the land is irrigated and/or irrigable pursuant to A.O. 20, Series of 1992.
III. EFFECTIVITY AND REPEALING CLAUSE
These supplementary guidelines shall take effect ten (10) days after publication in two national newspaper of general circulation pursuant to Section 49 of R.A. No. 6657. aESTAI
All Orders, Circulars, Memoranda, and Rules and Regulations, inconsistent herewith are hereby revoked, cancelled or modified accordingly.
Adopted: 21 Nov. 1996.
(SGD.) ERNESTO D. GARILAO