September 25, 2008
DAR ADMINISTRATIVE ORDER NO. 08-08
SUBJECT : Revised Guidelines and Procedures Governing the Substitution of Beneficiaries of Lands within Landed Estates Acquired by the Department of Agrarian Reform under Republic Act No. 3844, as Amended, and for Other Purposes
ARTICLE I
Prefatory Statement
Landed estates under R.A. No. 3844 as amended, were acquired and distributed by the government way back in 1963 to 1972 but a substantial number of these beneficiaries are no longer in possession of the land allocated or awarded to them due to, among others, abandonment, waiver of rights, and illegal transfer or sale of rights.
Limitation on land rights as provided for in R.A. No. 3844 as amended by R.A. No. 6389, para. 15, Section 16, provides that all agricultural lands either public or private, distributed by the government to the beneficiaries of the Agrarian Reform Program shall be sold only by the said beneficiaries to the government.
The same Code likewise provides the prohibition for further subdivision of awarded lot purposely to maintain the economic viability of agricultural lands (Sec. 63, R.A. No. 3844).
It is this context that necessitates the formulation of policy and procedures to ensure the proper disposition of previously awarded lands to new beneficiaries to fast tract the issuance of new titles to align with the applicable provisions as provided for by the new law, particularly, R.A. No. 6657, as amended. AaECSH
In view therefore, these new policy guidelines and procedures are hereby adopted. acIASE
ARTICLE II
Policy Statement
1. Except through hereditary succession to one heir, the sale, transfer, or waiver rights of lands covered by this Order shall be made only in favor of the government.
2. Award to the beneficiary who violated the applicable provision of the law and its rules and regulations, or those who voluntarily waived their rights to the government, shall be cancelled and whatever payments made on account of the lot subject of cancellation shall be forfeited in favor of the government and shall be treated as rental for the use of the land, and the land shall be declared open for disposition to other qualified farmer/applicant.
3. Farmers as defined under para. (F), Section 3 of R.A. No. 6657 shall be given the preference to apply for the lands covered by this Order. Employees of the Department of Agrarian Reform and other government agencies, as a policy, shall be prohibited directly or indirectly to acquire lands covered by this Order or in any lands under the Agrarian Reform Program, except where the parents of the applicant were original tenant or allocatee/awardee of lands subject of application. For government agencies, the provisions of DAR Administrative Order No. 04, series of 2006 shall apply.
4. The maximum area to be awarded to the new beneficiary shall not exceed three (3) hectares of farm lot, and one thousand (1,000) square meters of home lot. In case where the area applied for exceed the maximum limit, the tolerable limit of 10% in excess as provided for under A.O. No. 03, series of 1985 shall apply. However, an allocate or qualified registered claimant before 1972 who has not yet been issued a CLT or Order of Award and who remains in possession of the land shall be entitled to the maximum award prescribed under R.A. No. 3844.
5. Agrarian reform beneficiaries or qualified farmer/applicant who owns agricultural land below the award ceiling as provided for under R.A. No. 6657 may still apply as beneficiary under this Order provided that the combined area owned/awarded and that being applied for shall not exceed three (3) hectares.
6. Awardees or beneficiaries of the agrarian reform program who illegally sold, transferred, abandoned, or waived their rights to the land awarded to them shall no longer be eligible to apply for lands covered by this Order. HCDAcE
ARTICLE III
General Provisions
SECTION 1. Coverage. — This Order shall cover the substitution of awardee/beneficiary and the issuance of Order of Award in Landed Estates acquired under R.A. No. 3844, as amended, over which the previous CLT/CLOA/Order of Award has been cancelled by final order of the competent authority, and lands within landed estates not yet awarded and distributed.
SECTION 2. Qualifications of Applicant. — An applicant for a farmlot must be:
a. a Filipino citizen, at least 18 years of age at the time of filing of the application;
b. Landless as defined under Sec. 25 of R.A. No. 6657;
c. a bonafide farmer as defined under para. (F), Sec. 3 of R.A. No. 6657 and has the willingness, ability and aptitude to cultivate and make the land productive;
d. if married, his/her spouse is not an owner or awardee of agricultural land except in cases where the area does not exceed the award ceiling including the area of the lot subject of the application. EDSHcT
An applicant for a farmlot, or an awardee/allocate of a farmlot may likewise apply for a homelot provided that he/she must be:
a. a Filipino citizen at least 18 years of age at the time of filing of the application;
b. neither he/she or his/her spouse is an owner/awardee of any residential lot or homelot;
c. preferably a farmer by occupation.
SECTION 3. Operating Procedures. —
a. The applicant shall accomplish and submit to the MARO the Application to Purchase Lot (Form No. 1) in five (5) copies duly sworn to before the Municipal Agrarian Reform Officer, together with the following documents: TEDHaA
1. Certificates of landholdings in the name of the applicant and spouse, if married, issued by the Municipal/City and Provincial Assessors' Office;
2. Joint Affidavit of applicant and spouse regarding the extent of their landholdings (Form No. 2);
3. BARC Chairman or Barangay Chairman Certification attested by the MARO certifying that the applicant is a bonafide farmer who derives his livelihood primarily from farming (Form No. 3). ICTDEa
b. The Municipal Agrarian Reform Office (MARO) shall:
1. Evaluate the documents submitted and verify the record of the lot;
2. Conduct lot inspection and investigation and determine whether or not the applicant is qualified to acquire the lot;
3. Post the Notice of Application (Form No. 1-A) for 15 days at the MARO and barangay hall and thereafter, if there is no protest to the application filed, issue a certification to that effect;
4. Prepare the Sketch of the Lot (Form No. 4) indicating therein the area subject of the application, improvements, and previous awardee/allocatee, if any, thereof;
5. Prepare the Investigation Report (Form No. 5) with his/her comments and recommendation; and,
6. After retaining the file copies of the documents, forward the Application to Purchase Folder (APF), which contains all the documents to the PARO, for review.
c. The Provincial Agrarian Reform Office (PARO), shall:
1. Review the documents submitted in the APF and verify the record of the subject lot;
2. Issue Legal Clearance (Form No. 6) whether or not the lot subject of the application is involved in any adverse claim/conflict or has a pending case; DSTCIa
3. If in order, prepare the Order of Award (Form No. 7) affixing the initial of the Provincial Agrarian Reform Program Officer;
4. After retaining the file copies, forward the APF to the Regional Office with comments and recommendations, for further review, and final action.
d. The Regional Agrarian Reform Office (RARO) shall:
1. Review the documents submitted in the APF and verify the record of the subject lot;
2. Issue the Legal Clearance (Form No. 8) and in case where the lot subject of the application had been involved in a cancellation proceeding, indicate in the same form whether or not the Order has become final and executory, and attach the certified copy of the Order of Cancellation, original copy of the cancelled Certificate of Land Transfer (CLT) or cancelled Order of Award, or the Waiver of Rights executed by the former awardee and/or the report leading to the cancellation. cSaATC
3. Verity the correctness of the Sketch Plan based on the approved Plan certified by the Chief, Surveys Division;
4. If the application finds merit, the Regional Director and issue and sign the Order of Award and forward the same together with the APF to the Records Division for proper disposition.
e. The RARO Records Division shall:
1. Assign the Control Number to the approved Order of Award and distribute the copies in the following order:
a) Original Copy — to the Awardee
b) Duplicate Copies each to the following:
i. DAR Regional Office
ii. DAR Provincial Office
iii. DAR Municipal Office
iv. Land Bank of the Philippines STaHIC
v. BLAD-DARCO
vi. RMD-DARCO
2. Maintain and safekeep the APF for future reference.
f. The awardee shall:
1. Submit to the LBP-FO the original copy of the Order of Award or CLT together with the request for the computation of the cost of the awarded land.
2. Pay the cost of the lot in installment or cash basis for issuance of CTS or DAS, as the case maybe, by the LBP.
g. The LBP shall:
1. Collect land amortization payments and prepare the necessary CTS or DAS in case of full payment for signature of the LBP authorized official;
2. Upon full payment, the LBP through its authorized representative, issue the DAS and owner's duplicate copy of the TCT to the awardee for registration and issuance of a new TCT.
ARTICLE IV
Final Provisions
SECTION 1. Miscellaneous Provisions. — For purposes of this Order, the Municipal Agrarian Reform Officer who has direct jurisdiction over landed estates acquired under R.A. No. 3844, is hereby authorized to administer the Oath on the Application to Purchase filed by the farmer/applicant. SCHATc
Waiver of Rights executed by the allocatee, awardee or beneficiary, shall be verified before a Notary Public.
The Regional Director is authorized to issue permit to further subdivide the lot, provided that the economic viability of subject land shall be maintained.
SECTION 2. Suppletory Provisions. — The Regional Director concerned shall continue to exercise the authority to cancel, amend, and/or make necessary correction through the issuance of the Order of Cancellation/Amendment of Certificate of Land Transfer, Order of Award, or allocation of farmer beneficiaries who violated the rules and regulations, other grounds and reasons that necessitate action pertaining thereto, provided that due process has been properly observed, pursuant to the applicable provisions of DAR A.O. No. 3, series of 1990, as amended, and A.O. No. 3, series of 2003.
SECTION 3. Amendatory/Repealing Clause. — All other Orders, Circulars, and Regulations inconsistent herewith are hereby modified or repealed accordingly.
SECTION 4. Effectivity. — This Order takes effect ten (10) days after its publication in two (2) newspapers of general circulation.
Diliman, Quezon City, September 25, 2008.
(SGD.) NASSER C. PANGANDAMAN
Secretary
Published in The Philippine Star and Business World on September 29, 2008.
ATTACHMENT
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
ELLIPTICAL ROAD, DILIMAN, QUEZON CITY, TELS. 928-7031 TO 39
CERTIFICATION
This is to certify that DAR Administrative Order No. 08, Series of 2008 entitled "REVISED GUIDELINES AND PROCEDURES GOVERNING THE SUBSTITUTION OF BENEFICIARIES OF LANDS WITHIN LANDED ESTATES ACQUIRED BY THE DEPARTMENT OF AGRARIAN REFORM UNDER REPUBLIC ACT NO. 3844, AS AMENDED, AND FOR OTHER PURPOSES" is published today, Monday, 29 September 2008 at The Philippine Star and Business World newspapers.
Issued this 29th day of September 2008 for whatever purpose it may serve.
(SGD.) HUGO D. YONZON III
Director, Public Affairs Staff
Form No. 1
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Diliman, Quezon City
APPLICATION TO PURCHASE LOT
(R.A. 3844 Acquired Estates)
I, _______________________________________ hereby apply to purchase lot/s in ____________________, Estate, located at _______________________________.
PERSONAL and RELATED DATA: (Please answer/fill-out all question/blank spaces provided)
Age: __________________ Present Address: _______________________________
Date & Place of Birth: _________________________________________________
Civil Status: _______________________ Name of Spouse ____________________
Occupation: _______________________ Occupation: ________________________
CHILDREN/DEPENDENTS: TAIDHa
Name Age Relationship Occupation
_____________________ _______ ____________ ________________
_____________________ _______ ____________ ________________
_____________________ _______ ____________ ________________
_____________________ _______ ____________ ________________
_____________________ _______ ____________ ________________
_____________________ _______ ____________ ________________
Lot/s applied for:
A. Farmlot No. ______________ B. Homelot No. ___________
Block No. _______________ Block No. _____________
Plan No. _________________ Plan No. ______________
Area (sq.m.) ______________ Area (sq.m.) ___________
Location: ________________ Location: _____________
OTHER INFORMATION:
1. Was there a former tenant/occupant/tiller/awardee of the lot applied for?
Name Nature of Improvements introduced on the lot
_____________ _____________________________________
2. State all your landholdings (whether owned jointly or separately by you and
your spouse) in the Philippines.
Description (Agricultural or Residential) Area (sq.m.) Location
________________________________ __________ _________
________________________________ __________ _________
________________________________ __________ _________
Form No. 1-A
PATALASTAS
IPINAAALAM NA SI GINOONG/GINANG/BINIBINING ____________________ NANINIRAHAN SA _________________________________________________ AY MAY HINAING APLIKASYON UPANG MABILI AT MABIYAYAAN NG LUPA SA ILALIM NG PROGRAMANG PANG-AGRARYO, LUPANG LALONG KILALA SA LOT NO. __________, BLK. NO. ________ PLAN NO. ____________ MAY SUKAT NA __________ METRO-KUWADRO, HUMIGIT KUMULANG NA MATATAGPUAN SA ___________________ ESTATE, BARANGAY ________________, BAYAN NG _______________, LALAWIGAN NG ___________________.
ANG PATALASTAS NA ITO AY PARA SA KAALAMAN NG MGA KINAUUKULAN, ANUMANG KATANUNGAN O PAGTUTOL NA NAUUKOL SA NASABING APLIKASYON O SA LUPANG NABANGGIT AY MAAARING IPARATING SA TANGGAPAN NG MUNICIPAL AGRARIAN REFORM OFFICE NA MATATAGPUAN SA _______________________________, SA LOOB NG LABINLIMANG (15) ARAW SA PAGKAKAPASKIL NG TALASTAS NA ITO.
_____________________________
Municipal Agrarian Reform Officer STaCcA
Form No. 2
Republika ng Pilipinas )
Bayan/Lungsod ng ______________)
Lalawigan ng _________________)
PINAGSAMANG SALAYSAY
KAMI, SINA ___________________________ at ___________________________, mag-asawa, Pilipino pawang mga nasa hustong gulang at kasalukuyang naninirahan sa _________________________, _____________________, matapos na makapanumpa ng naaayon sa batas ay nagsasalaysay ng mga sumusunod;
Na kami ay mayroong inaaplayang lupa mula sa Kagawaran ng Reformang Pansakahan (DAR), lalong kilala na Lot No. ___, Block No. ___, Plan No. _______, na may sukat na _____________ metro-kudrado, sakop ng _____________________ Estate na matatagpuan sa ________________________, _________________;
Na sa pamamagitan ng salaysay na ito, ay aming pinatutunayan na kami ay walang pag-aaring lupang sakahan o lupang bahayan sa nabanggit na hacienda o sa bayang ito o saan mang panig ng Pilipinas;
Na ginawa namin ang salaysay na ito upang maging batayan ng nasabing kagawaran sa pag-proseso ng aming aplikasyon sa nasabing lupa at pagsunod sa mga alituntunin na itinatadhana sa pamamahagi ng mga lupa.
SA KATUNAYAN NG LAHAT NG ITO, Kami ay lumagda sa ibaba nito ngayong ika ___ ng ___________, dito sa ___________________, ___________, ________________.
_______________ ________________
Nagsalaysay Nagsalaysay
_______________ ________________
Saksi Saksi
PINANUMPAAN AT NILAGDAAN sa harap ko ngayong ika ______, ng __________, _________, dito sa _____________, _________________, at nagpakita ng kanilang mga sedula na nakasaad sa ibaba nito. ACEIac
Pangalan Numero Petsa Lugar
1. ___________ ______ _____ ____________
2. ___________ ______ _____ ____________
_________________
NOTARY PUBLIC
Doc. No. ____
Page No. ____
Book No. ____
Series of ____
Form No. 3
PAGPAPATUNAY
SA SINUMANG KINAUUKULAN:
Ito ay NAGPAPATUNAY na si Ginoong/Ginang _________________, Na naninirahan sa ____________, _____________, _________, Ay isang lihitimong magsasaka na kung saan ay siya niyang pangunahing pinagkukunan ng kabuhayan at ng kanyang pamilya.
Sa pamamagitan din nito ay aking isinusulong ang nabanggit upang mabiyayaan ng lupa mula sa programang pang-agraryo ng Kagawaran (DAR) bilang isang kuwalipikadong magsasaka.
Iginagawad dito sa _____________, ngayong ika _________, ng _____________, ____________.
_____________________________ ______________________________
Municipal Agrarian Reform Officer Chairman, BARC/Barangay Chairman
Form No. 4
Form No. 5
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Region III
Municipal Agrarian Reform Office
______________________________
_______________
Date
MEMORANDUM
FOR : The Provincial Agrarian Reform Officer
DAR Provincial Office
_______________________________
FROM : The Municipal Agrarian Reform Officer
DAR Municipal Office
_______________________________
SUBJECT : REPORT OF INVESTIGATION/INSPECTION re: application
to Purchase Lot of Mr./Ms. ____________ involving Lot No.
_____, Blk. No. ________, Plan No. _______, ________ Estate,
with an area of ________ sq.m., located at _______________.
In connection with the subject mentioned above, the undersigned hereby submit its report, to wit: cAaDHT
I. THE APPLICANT
Name: _________________ Present Residence: ____________ Since: _____
Occupation: ________________ Date & Place of Birth _________________
Civil Status (if married, name of spouse and occupation): _______________
Landholdings owned in the Philippines (Including of the spouse, if married):
Total area: ____________ sq.m. Kind of land: _______________
Location: ________________________________________________
The applicant and/or his/her spouse is a beneficiary/not a beneficiary/former beneficiary of land transfer program (R.A. 3844, P.D. 27, R.A. 6657, other law) ______________________ with an area of _________ sq.m., located at _____________________________________________________________ In actual possession/cultivation of the lot since _________________.
II. THE LOT
Name of registered allocatee/awardee: _______________________________
Administrative/Legal Proceedings conducted (if there is any, attached the ff. documents, e.g., Order of Cancellation, Waiver of Rights, cancelled CLT/OA) _____________________________________________________
Claimants, other than applicant: ____________________________________
Basis of claim: __________________________________________________
Improvements and owner: _________________________________________
Status of claim: _________________________________________________
III. OTHER INFORMATION
______________________________________________________________
______________________________________________________________
IV. COMMENTS/RECOMMENDATION
______________________________________________________________
______________________________________________________________
Prepared and submitted by: With my concurrence:
_____________________ __________________
ARPT MARO
Form No. 6
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
___________________________________
CERTIFICATION
To Whom It May Concern:
This is to certify that per available records of this office, Lot No. _________, Blk. No. _________, Plan No. _____________________________, with an area of ______________ sq.m. of _______________________ Estate, located at ________________, ____________________, is not involved in any adverse claim/conflict or court case.
__________________________________, _________________________________
(Place) (Date)
_______________________
Chief, Legal Division
DAR Provincial Office
Form No. 7 DARCO Control No. __________
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Diliman, Quezon City
IN RE: APPLICATION TO LOT(s) _______ Classification ________
PURCHASE OF: BLOCK(s) ________________________
AREA ___________________________
PLAN NO. ________________________
ESTATE __________________________
____________________ LOCATION _______________________
(Applicant) __________________________________
ORDER OF AWARD
This refers to the application of the party/ies above-cited to purchase lot(s) described in the captioned hereof. The application was processed according to the pertinent laws and regulations, and the sketch of the lot(s) showing its/their area accordingly prepared, noting the improvements found thereon as well as the monuments to indicate the metes and bounds thereof. aESICD
It appearing that there is no opposition to the application and finding the applicant(s), qualified to purchase the lot(s) above referred to, the same is/are hereby awarded in his/her/their favor, subject to the following conditions: 1) that, the awardee shall personally cultivate/till or occupy the lot and shall not be subject to any form of tenancy; 2) that, except thru hereditary succession by one heir, the lot shall not be sold, transferred or waived except in favor of the government; 3) that, it shall not be subject to further subdivision or conversion without the written authority of the DAR; 4) other prohibitions and conditions as provided for by R.A. 3844 as amended and other applicable provisions of existing laws; 5) that, any violation of the conditions herein provided shall be sufficient ground for the cancellation of this award or any instrument or title that may be issued to the awardee and 6) that, the conditions under 1, 2, 3 and 4 herein prescribed shall be annotated in the Contract to Sell or Deed of Sale and Certificate of Title that may be issued to awardee.
Let the Contract to Sell or Deed of Sale, as the case may be, be executed upon payment of the necessary amount representing purchase price and fees.
This Order shall become final thirty (30) days after posting in the following designated places, at a conspicuous place within the premises of the subject lot(s), barangay hall within the estate, bulletin board of the Municipal Agrarian Reform Office (MARO) concerned and other public places frequented by the community.
SO ORDERED. cSEaTH
Diliman, Quezon City, Philippines, _______________________.
SECRETARY
Form No. 8
Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Region III
__________________, ______________
CERTIFICATION
TO WHOM IT MAY CONCERN:
This is to certify that according to available records of this office, Lot No. ________, Block No. _________, Plan No. _____________ of _______________, Estate, situated at __________________, ________________, is not involved in any adverse/conflicting claims or court case as of this date.
This further certify that the ORDER dated ___________________ issued by ______________, cancelling/amending the _______________________ dated _______________ in the name of __________________________ is now FINAL AND EXECUTORY.
This Certification is issued for the purpose of issuance of Order of Award in favor of applicant ___________________________ for the said lot.
Verified by: ______________
Date: ______________
_______________________
Chief, Legal Division
DAR Regional Office