December 17, 1990
DAR MEMORANDUM CIRCULAR NO. 05-90
TO : All Regional Directors, Provincial Agrarian Reform Officers, Municipal Agrarian Reform Officers and Fieldmen Concerned
SUBJECT : Guidelines on the Issuance of CARP Beneficiary Certificate (CBC)
I. Policy Statement
Pursuant to Section 24 of Republic Act No. 6657, the rights and responsibilities of qualified beneficiaries enumerated under Section 22 thereof shall commence from the time the DAR has awarded the land. The award shall be completed within 180 days from the time the DAR takes actual possession of the land. Ownership of the land by the beneficiary shall be evidenced by an Emancipation Patent (EP) or a Certificate of Land Ownership Award (CLOA). However, in numerous cases, the EP/CLOA could not be immediately issued due to the Supreme Court Decision that "Title to all expropriated properties shall be transferred to the State only upon full payment of compensation to their respective owners," in the case entitled "Association of Small Landowners vs. Hon. Secretary of Agrarian Reform." In view thereof and in recognition of the urgent need of the beneficiaries for an intermediate document as evidence that they have been identified and have qualified as beneficiaries under the Comprehensive Agrarian Reform Program, they shall first be issued a CARP Beneficiary Certificate (CBC).
II. Coverage
This Memorandum Circular shall apply to all lands placed under CARP coverage where Notices of Acquisition (CARP Form Nos. 10 or 11, Annexes of Administrative Order No. 9, series of 1990) have been issued by the Regional Director and to private landholdings and public lands turned over to the DAR for administration pursuant to Executive Order No. 407, series of 1990, and other laws. Likewise, areas covered under Operational Land Transfer which have not been issued the corresponding Certificate of Land Transfer (CLT) as well as those subject of subsequent land transfer actions shall be included.
III. Qualified Recipients of CARP Beneficiary Certificate (CBC)
CARP Beneficiary Certificates (CBCs) shall be issued to the following qualified agrarian reform beneficiaries (ARBs):
1. Those who have been properly identified, screened and allocated specific areas or portions of the properties subject of coverage and have already executed the Application to Purchase and Farmers Undertaking;
2. Those who have been properly identified, screened and allocated specific areas where EPs/CLOAs have already been generated but could not be registered in view of LRA Circular No. 29, dated 01 October 1990, and other constraints; and CSIHDA
3. Those who have been properly identified, screened and allocated specific areas within private landholdings and public lands turned over to the DAR by various government agencies pursuant to EO 407, series of 1990, and other laws, but where CLOAs cannot be generated pending compliance with some legal/administrative requirements.
IV. Operating Procedures
A. Provincial Agrarian Reform Officer (PARO):
1. Prepare the CBC and Acknowledgement Receipt (Annexes "A" & "B" hereof) based on the copy of the duly accomplished CARP Form No. 19, an annex of Administrative Order No. 10, series of 1990.
2. Forward the duly accomplished CBC together with the original and duplicate Acknowledgement Receipt attached thereto to the Regional Office for the signature of the Regional Director.
B. Regional Agrarian Reform Officer (RARO):
1. Review CBC and Acknowledgement Receipt for data consistency.
2. Sign the CBC and return same to PARO.
C. Provincial Agrarian Reform Officer (PARO)::
1. Distribute CBCs to ARBs, requiring them to sign the original and duplicate of the Acknowledgement Receipt.
2. Transmit, for record purposes, the original copy of the Acknowledgement Receipt to the RARO, retaining the duplicate thereof in his Office.
3. Maintain separate Record Book for all CBCs distributed to ARBs by landholding and by municipality for proper control and monitoring purposes.
This Memorandum Circular shall take effect immediately.
Diliman, Quezon City, December 17, 1990.
(SGD.) DOROTHY Ll. TADEO
Acting Secretary
ANNEX A
CARP Beneficiary Certificate
ANNEX B
