CHAPTER 5 LAND ACQUISITION 5.1 REQUISITES IN LAND ACQUISITION What lands are acquired under CARP?

Only the private lands devoted to or suitable for agriculture, regardless of the agricultural products raised or can be raised therein, are subject of land acquisition. The lands of the public domain suitable for agriculture already belong to the State and are just distributed through either ree !atents for "lienable and #isposable $"%#& lands or 'ertificates of (and O)nership ")ards $'(O"s& for resettlement sites. *n addition, ste)ardship contracts are a)arded for public lands covered by the *ntegrated Social orestry !rogram $*S !&. *t must be noted that the private agricultural lands include those o)ned by private entities and those o)ned or held by government agencies, corporations, and instrumentalities. Specifically, the follo)ing lands may be acquired under '"+!, a. b. c. d. e. f. g. rice and corn lands under !# -./0O --12 idle or abandoned lands2 lands foreclosed by private and government financial institutions2 private agricultural lands public lands suitable for agriculture2 lands acquired by !'332 lands used by multinational corporations

What are the requisites in land acquisition?

The follo)ing requirements must be met for land acquisition to be completed, a. That the land is privately o)ned and found suitable for agriculture2 b. That there are beneficiaries )illing to ta4e over the o)nership of the land and ma4e it productive2 c. That the lando)ner is paid just compensation2 or a trust deposit is made in his/her name if the value is contested2 and d. That title to the land is transferred in the name of the +epublic of the !hilippines. 5o)ever, full payment of just compensation and transfer of title to the +epublic of the !hilippines are not requisites in 6(T/#!S. 7oreover, under 0O 89., the payment of just compensation to the government instrumentality as lando)ner may come even after land distribution. 5.MODES O ACQUISITION What are the !odes o" acquirin# lands "or distri$ution under CARP? !rivate agricultural lands covered by '"+! are acquired through any of the follo)ing modes, a. b. c. d. e. 'ompulsory "cquisition $'"&2 6oluntary Offer to Sell $6OS&2 6oluntary (and Transfer/#irect !ayment Scheme $6(T/#!S&2 Operation (and Transfer $O(T& under !# -. and 0O --12 and 0:ecutive Order ;o. 89., as amended by 0O 881 and 0O 59<

What are the $asic di""erences a!on# these !odes? a. O(T is governed by !# -. and 0O --1 and has been in operation since 1=.-. *t follo)s a different set of procedures, particularly in land valuation. b. (and acquisition under O(T and '" is done through the mandate of the la) )hether or not the lando)ner disagrees to part )ith his property. c. '" follo)s the schedule of '"+! implementation based on the area of the lando)ner>s landholdings. *n contrast 6OS may be done even for lands not yet scheduled by la) to be acquired. d. 0O 89. as amended pertains only to government agencies as lando)ners in a propriety capacity, or to public " % # lands under their administration by virtue of presidential proclamation.

e. 6(T/#!S, on the other hand, is a voluntary arrangement entered into by a lando)ner and a qualified farmer?beneficiary to directly transfer the land to the beneficiary under terms and conditions mutually agreed by them but )ith payment terms not less favorable to the farmer than if it )ere the government purchasing the land and transferring it to the beneficiary. 5.-.1 COMPULSOR% ACQUISITION What are the e&istin# ad!inistrati'e orders on co!(ulsor) acquisition o" lands?

These "dministrative Orders are, a. "dministrative Order ;o. 11, Series of 1==8 @ +evising the +ules and +egulations 'overing the 6aluation of (ands 6oluntarily Offered or 'ompulsorily "cquired as 0mbodied in "dministrative Order ;o. 9<, Series of 1==-2 b. "dministrative Order ;o. 91, Series of 1==A @ "n Order "mending 'ertain !rovisions of "dministrative Order ;o. 9=, Series of 1==9, entitled B+evised +ules 3overning the "cquisition of "gricultural (ands subject to 6oluntary Offer to Sell and 'ompulsory "cquisition !ursuant to +" <<5.B *This AO su(ersedes AO No+ ,-. Series o" ,/0/. AO No+ 1/. Series o" ,//1. and AO No+ ,1. Series o" ,//,2 c. "dministrative Order ;o. 1-, Series of 1==9 @ !olicy 3uidelines and Operating !rocedures in the *dentification and "cquisition of *dle and "bandoned (ands. What lands are co'ered $) co!(ulsor) acquisition?

0:cept in the case of tenanted rice and corn lands under !# -., )hich are acquired follo)ing a different set of rules, compulsory acquisition $'"& is done for all private agricultural lands )hich become due for coverage follo)ing the phasing of implementation earlier discussed. 5o)ever, '" is suspended in those cases )here the lando)ners opt for other modes of compliance, e.g., voluntary land transfer or stoc4 distribution option. '" is resumed once the negotiations in these other modes fail. 'ompulsory acquisition is also done in idle and abandoned lands regardless of their siCe and phasing, and in lands )hose commercial farm deferment is revo4ed. What are idle or a$andoned lands? *dle or abandoned lands refer to agricultural lands not cultivated, tilled or developed to produce any crop nor devoted to any specific economic purpose continuously for a period of three $A& years immediately prior to the receipt of notice of acquisition by government as provided under +" <<5.. They do not, ho)ever, include the follo)ing, a. those that have become permanently or regularly devoted to non? agricultural purposes2 b. those that have become unproductive by reason of force majeure or any other fortuitous event, provided that prior to such event, such land )as previously used for agricultural or other economic purpose. $Section A, +" <<5.& Can the DAR co!(ulsoril) acquire a landholdin# 3hose o3nershi( is under liti#ation or 4udicial (roceedin#s? Des, if it is clear that no matter )hat the outcome of the litigation may be, the land is still covered under '"+!. *n such case, the #"+ shall select the retained area and the compensation for the land shall be held in trust pending the resolution of the disputes. 5o)ever, if one or both of the parties to the case are groups of individuals, the hectarage involved in the possible e:ercise of the right of retention should be considered in the acquisition of the land. 5o)ever, in the case of !'33/"!T acquired assets )hose o)nership is contested in court, the #"+ and the !'33 have an understanding that a proper motion )ill be filed in court to allo) #"+ to acquire such property, even pending litigation. What i" the (erson 3ho is declared $) the court as the la3"ul o3ner su$sequentl) disa#rees 3ith the area chosen $) DAR "or retention5 What i" he has e&ercised retention in another (ro(ert)?

The '(O" could be amended by the #"+ or the lando)ner filing a petition )ith the #"+"E. 5o)ever, if the lando)ner is no longer entitled to retention, then the area previously set aside for retention may also be covered. A cou(le o3nin# onl) 61 hectares died in 7anuar) ,/00 lea'in# as heirs si& children 3ith a#es ran#in# -89:1+ No (artition o" the (ro(ert) has $een done and the children do not o3n other a#ricultural lands+ ;o3 !an) hectares !a) $e co!(ulsoril) acquired? ;one. 0ven if the title is still in the name of the couple, o)nership automatically transferred to the children upon their parent>s death. The si: children are already the o)ners. Thus, at five hectare retention per lando)ner, the entire A9 hectares may be retained. "O?91, Series of 1=1= allo)s the registration of a deed of e:tra?judicial partition of the property of a deceased )ho died prior to 15 Fune 1=11. ;ote, ho)ever, that i" the (arents died a"ter ,8 7une ,/00. the land !a) $e entirel) acquired and distri$uted i" the children are neither actual tillers or direct "ar! !ana#ers. *f they are, they )ill each be entitled to an a)ard of three $A& hectares. Other)ise, they )ill only be entitled to the compensation for the land. Eut the land )ill be acquired and distributed under '"+!. 7oreover, the #"+ and the +O# )ill no longer allo) the partition of the property e:cept in favor of the qualified farmer?beneficiaries. This is in line )ith the fact that as o" ,8 7une ,/00. $) o(eration o" the la3. all lands in e&cess o" the retention li!it are alread) co'ered $) CARP . I" in the course o" CARP co'era#e. the o3ner alle#es that the land is e&e!(ted under Sec+ ,1. RA <<8=. 3hat should )ou do? 0:ception under Section 19 of +" <<5. is not automatic. Gnder "O?1A, Series of 1==9, persons or representatives of persons o)ning, administering or managing lands believed to be actually, directly and e:clusively used and are necessary for any of the purposes under Section 19 should file a )ritten application )ith #"+. This application should be approved by the +egional #irector. The 7"+O should, therefore, chec4 if an application has been filed and if the application has been duly approved. Other)ise, the 7"+O should treat the matter as a '"+! protest and let the +egional #irector rule on the matter. $ AO91/. series o" ,//:&. I" in the course o" co'era#e. the o3ner alle#es that the (ro(ert) is alread) reclassi"ied as residential since ,/0<. 3hat should )ou do? The 7"+O should determine if the property is covered by #OF Opinion ;o. 88 and )hether an application for e:emption has been filed by the lando)ner. 5e should also investigate the actual land use and )hether the land is irrigated, irrigable or is programmed for irrigation. 5e should also chec4 the Coning plan or municipal/city ordinance approved by the 5(G+E. Only if it is clear that the said

landholding does not fall )ithin any of the above, should the 7"+O proceed )ith the acquisition of the property. I" in the course o" co'era#e. the o3ner alle#es that a$out one )ear $e"ore the notice o" acquisition. he has "iled an a((lication "or con'ersion. 3hat should )ou do? The 7"+O should chec4 the allegation, i.e., )hether there really )as an application for conversion filed a year ago. *f there is none, conversion is not possible because the notice of acquisition has already been issued. *f there is, the issue of conversion should first be resolved. 5.-.- >OLUNTAR% O ER TO SELL ?>OS@ What is the >OS sche!e? 6OS is a scheme )herein lando)ners come for)ard and voluntarily offer their agricultural lands for coverage regardless of the phasing. The #"+ encourages this mode because 6OS generally ensures the cooperation of the lando)ners.

What are the e&istin# (olic) #uidelines #o'ernin# >OS? The implementing policy guidelines on 6OS are, a. "dministrative Order ;o. 11, Series of 1==8 @ +evising the +ules and +egulations 'overing the 6aluation of (ands 6oluntarily Offered or 'ompulsorily "cquired as 0mbodied in "dministrative Order ;o. 9< Series of 1==-2 b. "dministrative Order ;o. 91, Series of 1==A @ "n Order "mending 'ertain !rovisions of "dministrative Order ;o. 9=, Series of 1==9 0ntitled B+evised +ules 3overning the "cquisition of "gricultural

(ands Subject to 6oluntary Offer to Sell and 'ompulsory "cquisition !ursuant to +" <<5.B2 *This AO su(ersedes AO No+ 16. Series o" ,/0/. AO No+ ,:9A and AO No+ ,/. Series o" ,/0/. AO No+ 1/. Series o" ,//1. and AO No+ ,1. Series o" ,//,2 c. "dministrative Order ;o. 95, Series of 1==- @ 'larificatory 3uidelines and "mendments to "O ;o. 9=, Series of 1==9. Where should the lando3ner "ile the a((lication "or >OS? "pplication for 6OS can be filed either at the 'entral Office, or at any field office of #"+. 5o)ever, the receiving office should for)ard the application to the 7"+O of the municipality )here the land is located. What incenti'es are #i'en to lando3ners 3ho o""er their lands under >OS? The cash portion of the compensation to the lando)ner is increased by five percent $5H&, )hile the (E! bond portion is correspondingly decreased by five percent. 5o)ever, this incentive is not available to ban4s and other financial institutions. *t should be noted that the total compensation is not increased, only the proportion of the cash component. Ma) an a#ricultural land 3hich has $een !ort#a#ed also $e 'oluntaril) o""ered under CARP? Des. *n this case, the 7"+O should secure a statement of account from the creditor and recommend the settlement of the obligation through payment in (E! bonds. Can #o'ern!ent "inancial institutions 'oluntaril) o""er "oreclosed $ut redee!a$le (ro(erties 3hich are not )et trans"erred to the! ? ;o. The 3 *s have to )ait for the e:piration of the redemption period. Are lando3ners allo3ed to 3ithdra3 lands o""ered under the >OS sche!e? ;o. The e:ceptions are the instances provided in "dministrative Order ;o. 95, Series of 1==-, namely, a. *f the subject landholding is part of the lando)ner>s retained area, provided the lando)ner has not yet received any payment2 b. *f the lando)ner )ants to shift the mode of acquisition from 6OS to 6(T/#!S2 c. *f the offered land is to be covered in 1==8 and the lando)ner )ants to )ait for the compulsory coverage under !hase ***?E. *f the

;otice of 6aluation has been served, ho)ever, the )ithdra)al may no longer be allo)ed. d. *f the #"+ determines the landholding to be more suitable for a to)n site, resettlement or institutional site to address a cala!it) situation. *t should be noted that this case is limited to calamity situations. urther, the approval of the )ithdra)al of the 6OS does not automatically authoriCe the land use conversion of the land. The o)ner must still apply for conversion. What are the instances in 3hich the DAR !a) re4ect a >OS a((lication? The #"+ may reject a voluntary offer to sell in the follo)ing instances, a. *f the land is not suitable for agriculture, or has more than 11H slope and is underdeveloped2 b. *f there are no ta4ers or beneficiaries of the land for valid reasons $e.g., peace and order situation& )ithout prejudice to future coverage of the area under '"+!2 and c. *f the only identified agrarian reform beneficiaries $"+Es& are the qualified children of the lando)ner. 5.-.A >OLUNTAR% LAND TRANS ERADIRECT PA%MENT SC;EME ?>LTADPS@ What is the >LTADPS !ode? 6(T/#!S is a scheme )herein a lando)ner of an agricultural land covered by '"+! and the qualified beneficiaries of such land agree to the direct transfer of the o)nership of the land, as provided for under Sections -9 and -1 of +" <<5.. The area to be transferred should not, ho)ever, be less than the area )hich the government through compulsory acquisition )ould other)ise acquire. "dministrative Order ;o. 1A, Series of 1==1, embodies the rules and procedures governing 6(T/#!S. Ma) a lando3ner unilaterall) decide to distri$ute his land throu#h the >LTADPS sche!e? ;o. "n agreement bet)een the lando)ner and the qualified "+Es as approved by the #"+ is necessary. What is the $asic require!ent in >LTADPS? *t is imperative that the "+Es give their in"or!ed consent to the lando)ner>s 6(T/#!S proposal. Specifically, this means that the "+Es should be made a)are of their rights and options under the la), particularly, the terms and conditions of land transfer under the BregularB compulsory acquisition mode.

"mong others, the field implementor $7unicipal "grarian +eform Officer or "grarian +eform !rogram Technologist @ 7"+O or S"+!T/"+!T& must e:plain to the "+Es, $1& that the land )ill sooner or later be acquired under '" subject to the phasing2 and $-& about ho) much they )ill have to pay under the '" mode. 6(T/#!S is a scheme favorable to the 3overnment for t)o reasons. irst, 3overnment does not have to pay for the land. Second, the agreement bet)een the t)o parties facilitates land acquisition and distribution. The #"+, ho)ever, ought to ensure that the beneficiaries 4no) )hat they are entering into and that terms and conditions of the 6(T/#!S are not disadvantageous to the "+Es. Who are the quali"ied $ene"iciaries under >LTADPS ? The qualified beneficiaries are the same as those )ho )ould be beneficiaries if the land )ere to be covered under compulsory acquisition or voluntary offer to sell. $See Sec. --, +" <<5.&. What is the (rescri$ed (eriod "or the co!(letion o" >LTADPS ne#otiations? ;egotiations for 6(T/#!S bet)een the lando)ner and the beneficiaries must be completed and the agreement arrived at must be submitted )ithin one $1& year from the time the #"+ receives the notice of application for 6(T/#!S. What i" ne#otiations "or >LTADPS are not resol'ed a"ter one )ear? *f 6(T/#!S negotiations remain unresolved after one year, the land shall be covered under compulsory acquisition. When should the trans"er o" (ossession and land o3nershi( o" the land $e done? The transfer of possession and o)nership should be done immediately after the submitted 6(T/#!S agreement is approved by the #"+. 'ertificates of (and O)nership ")ard $'(O"& )ith the proper annotations to protect the lando)ner shall be issued to the beneficiaries. Ma) an a#ricultural land !ort#a#ed to a $anB $e the su$4ect o" a >LTADPS ? ;o. (and titles )ith e:isting liens and encumbrances shall not be covered under the 6(T/#!S scheme. This is a ruling made by #"+ to simplify 6(T/#!S transactions, particularly to facilitate the immediate transfer of title to the "+Es. 5.A ECECUTI>E ORDER NO+ :1= AS AMENDED What is the si#ni"icance o" EO :1=? 0:ecutive Order ;o. 89. dated 18 Fune 1==9, entitled BAcceleratin# the Acquisition and Distri$ution o" A#ricultural Lands. Pasture Lands. ish(onds. A#ro9 orestr) Lands and Other Lands o" the Pu$lic Do!ain Suita$le "or A#riculture B directs all government instrumentalities, including government financial institutions $3 *s& and government?o)ned or controlled corporations $3O''s& to i!!ediatel)

trans"er to DAR all their landholdin#s suita$le "or a#riculture "or i!!ediate distri$ution to quali"ied $ene"iciaries under CARP. 0O 89. is a concrete act of the 3overnment to divest itself of its agricultural landholdings as an e:ample for private lando)ners to follo). 7oreover, inasmuch as the lando)ners involved are also 3overnment agencies, 0O 89. has facilitated the acquisition by the #"+ of thousands of hectares of agricultural lands for distribution under '"+!. What lands !a) $e acquired "or distri$ution (ursuant to EO :1= as a!ended $) EO ::0 Series o" ,//, and EO 81< Series o" ,//-? 0O 89. covers the follo)ing, I all agricultural lands o)ned or controlled by government departments, agencies or instrumentalities, including lands foreclosed by government financing institutions2 I lands covered by cancelled or e:pired Timber (icense "greements $T("s& and !asture (ease "greements $!("s& for redistribution by the #0;+, in coordination )ith the #"+, to qualified "+Es identified by the #"+2 and I lands covered by cancelled or e:pired ishpond (ease "greements $ ("s& for redistribution by the #epartment of "griculture $#"&, in coordination )ith the #"+ to qualified "+Es identified by the #"+. 0O 881 included )ithin the coverage of 0O 89. all reservations or portions thereof, )hich are suitable for agriculture and are no longer needed for the purpose for )hich they )ere established. 0O 59<, ho)ever, further amended 0O 89. to e:clude, I all e&istin# and (ro(osed national (arBs. #a!e re"u#e. $ird sanctuaries 3ildli"e reser'es. 3ilderness areas and other (rotected areas. includin# old #ro3th or 'ir#in "orests and all "orests a$o'e ,.111 !eters ele'ation or a$o'e 81 (ercent slo(e until such ti!e that the) are se#re#ated "or a#ricultural (ur(oses or retained under the National Inte#rated Protected Areas S)ste! ?NIPAS@ o" DENR. 5.8 PROCEDURES IN LAND ACQUISITION What are the $asic ste(s in land acquisition?

a. *dentification and documentation of the landholdings, lando)ners and beneficiaries2 b. c. d. (and survey2 +evie) and completion of data/documents2 (and valuation and compensation2 and

e. Transfer of title from the lando)ner to the +epublic of the !hilippines. What are the chan#es in (rocedures "or land acquisition contained in AO91,. Series o" ,//6? a. The number of steps has been reduced by transferring from the #"+ +egional Office to the !rovincial Office the revie) and completion of documents before submission of the claim folder to the (and Ean4 of the !hilippines. b. The conduct of the field investigation can proceed even if the (E! representative is unavailable. This )as made possible by dividing the ield *nvestigation +eport into t)o parts. !art * contains data on the landholding and its suitability to agriculture. !art **, on the other hand, provides data inputs for the determination of the land valuation. !art * can be accomplished even )ithout the presence of the (E! representative although the data are subject to revie) by (E!. c. The conduct of public hearing )as deleted. *n lieu thereof, the ;otice of 'overage, ield *nvestigation +eport and the ;otice of (and "cquisition and 6aluation shall be posted for a period of one )ee4 on the bulletin boards of the barangay/municipal/provincial halls )here the property is located. d. '"+! forms )ere simplified and reduced in number.

e. The acquisition process has been facilitated by requiring the (E! to immediately open a trust account in the name of the lando)ner, )hether the lando)ner accepts or rejects the land valuation. "ctual release, ho)ever, shall be effected only after the lando)ner>s compliance of all the requirements. What is the "irst ste( in land acquisition? (and acquisition, regardless of the mode, begins )ith the identification of lando)ners, landholdings and beneficiaries covered by '"+!. Gnder the (and "cquisition and #istribution Trac4ing System $("#T+"'JS& and the '"+! Scope 6alidation project, field offices have been tas4ed to prepare a master list or inventory of landholdings in their area of coverage. This inventory is derived from the (*ST"S"J" statements, as verified or complemented by the records of the +egister of #eeds and "ssessor>s Offices, revie) of the municipal to)n plan and Coning ordinances, field surveys, intervie) and community consultations, and general 4no)ledge of the land o)nership pattern in the barangays or municipalities. Kith these basic tools, the lando)ners )ho o)n agricultural lands in e:cess of the retention limit may be easily determined and their lands classified according to the implementation phase or order of priority of '"+!. 5.5 PRIORITIDATION O LANDS OR CO>ERAEE What are the criteria "or (rioritiFin# the co'era#e o" landholdin#s in the !aster list? Luality land distribution cannot be overemphasiCed. 7ore than just meeting the targets, land distribution should be done )ith the end in mind of uplifting the farmer beneficiaries> living condition. !riority should, therefore, be given to areas )here success of beneficiaries development is paramount. The follo)ing should be the basic considerations in the prioritiCation of covered areas, a. Earangays covered by identified "+'s2 b. (evel of organiCation of the farmers @ 'onsistent )ith the people?centered development thrust of the #"+, the higher the level of organiCation of farmers, the greater should be the priority. This )ill not only facilitate the land acquisition and distribution process but also hasten the development of viable agrarian reform communities in the area2 c. *ncidence of agrarian unrest @ The greater the incidence of unrest, the higher should be the priority to promote the resolution of the agrarian disputes. Gtmost care should ho)ever, be made to ensure that the landholding is indeed covered by '"+!2

d. ;umber of farmers to be benefitted @ The higher the number, the greater should be the priority, again in line )ith people?centered development2 e. SiCe of the landholding @ *nasmuch as nearly the same efforts )ill have to be e:pended for either big or small landholdings, it ma4es sense to put higher priority on the larger landholding2 f. !resence of support factors @ "reas )ith cooperative lando)ners, supportive community leaders and local government e:ecutives, active E"+'s and !Os/;3Os, etc. should receive higher priority because it is in these areas )here agrarian reform implementation )ill have greater chances of success2 g. !resence of a title over the property @ Titled properties are easier to acquire because, as it is the norm under our Torren>s Title System, the title is the strongest proof of the land o)nership. Gntitled properties require much more difficult documentation to ensure that the land actually e:ists and that the current lando)ner is being addressed. Thus, all other considerations being equal, titled properties should receive higher priority. 5.< RECONSTITUTION O TITLE What can $e done in case the ori#inal title o" the land #ot lost or 3as destro)ed due to "ire. "lood or "orce !a4eure in the re#ister o" deeds ? *n general, lost or destroyed original copies of certificates of title are reconstituted through 4udicial (roceedin#s pursuant to Section 119 of the !roperty +egistration #ecree $!# ;o. 15-=&. The procedure is prescribed in +epublic "ct ;o. -< and implemented in (+" 'ircular ;o. A5 dated 1A Fune 1=1A. 5o)ever, +" <.A- as implemented by (+" 'ircular ;o. 1A dated -< Fuly 1=1=, allo)s for ad!inistrati'e reconstitution )hen the original copies of the certificates of title in the Office of the +egister of #eeds are destroyed due to fire, flood, or other force majeure as determined by the (+" administrator, )here the destroyed records constitute at least ten percent $19H& of the total number of titles but in no case shall these be less than 599. Thus, administrative reconstitution is allo)ed in Eatangas 'ity, 7alolos, Eulacan, and in the provinces of 0astern Samar, 'amarines Sur, *sabela, and Oriental 7indoro )here the Offices of the +egister of #eeds )ere destroyed by fire. The la) also covers administrative reconstitution of copies of original certificates of title destroyed by fire, flood or other force majeure )hich occurred fifteen years before its effectivity in 1=1=. What i" it is the o3nerGs du(licate co() 3hich is lost 3hile the ori#inal is still on "ile?

Then a petition for the issuance of a ne) o)ner>s duplicate copy shall be filed )ith the +egional Trial 'ourt. $Sec. 19=, !# 15-=& Who should "ile the (etition "or reconstitution o" title? (+" 'ircular ;o. A5, Series of 1=1A provides that the lando)ner or an interested party should file a petition for reconstitution )ith the 'ler4 of 'ourt of the +egional Trial 'ourt having jurisdiction of said property, in case of judicial reconstitution2 or )ith the +egister of #eeds concerned, in the case of administrative reconstitution. 5o)ever, in order not to delay acquisition and distribution, the #"+ issued 7emorandum 'ircular ;o. 95, Series of 1==8 )hich provides that the duly authoriCed #"+ la)yer can file the petition in the +egional Trial 'ourt in case of judicial reconstitution, or )ith the +egister of #eeds concerned in case of administrative reconstitution, provided that a ;otice of 'overage has already been issued covering the property. 5o)ever, the #"+ shall endeavor to secure a )ritten permission from the registered o)ner/s of lost or destroyed titles. What are the (rocedures "or 4udicial reconstitution? 1. The petition is filed )ith the 'ler4 of 'ourt of the +egional Trial 'ourt )hich has jurisdiction over the property. Such petition is accompanied by a plan and technical description of the subject land, and a certification from the +O# that the original copy of the title )as burned, lost, mutilated, etc. !hotocopies of the ;otice of 'overage shall also be submitted if the #"+ is the petitioner. -. The Office of the Solicitor 3eneral, Office of the !rosecutor for the 'ity or !rovince, #0;+?(7E, (+", and +O# concerned are furnished )ith copies of the petition. A. !ublication $t)ice& in the Official 3aCette and posting in the bulletin boards of the respective municipality of the notice of initial hearing. "djoining o)ners and interested parties are also furnished copies of the notice. 8. 5. !rocessing in the (and +egistration "uthority. 'ourt proceedings and court decision.

<. Surrender of the o)ner>s duplicate 'ertificate of Title to the +O#. .. +econstitution proper of a ne) Original and O)ner>s #uplicate 'ertificate of Title by the +O#. What are the (rocedures "or ad!inistrati'e reconstitution? 1. The petition accompanied by three $A& photocopies of the o)ner>s authenticated duplicate certificate of title2 latest ta: declaration

and ;otice of 'overage $if #"+ is the petitioner& and an affidavit regarding circumstances of the property are filed )ith the +O# concerned2 -. !ublication and posting requirements2 A. !rocessing by the +econstituting Officer designated by the (+" "dministrator2 8. *ssuance of Order to +econstitute by the +econstituting Officer2 5. +evie) by the (+" "dministrator of the Order of +econstitution and affirmation thereof, if proper2 <. Surrender of the O)ner>s or 'o?O)ner>s duplicate 'ertificate of Title to the +O#2 and .. *ssuance of reconstituted title and delivery of o)ner>s or co? o)ner>s duplicate 'ertificate of Title by the +O# concerned to the lando)ners or to #"+. Who 3ill shoulder the cost o" the reconstitution (roceedin#s? "dministrative reconstitution normally does not cost anything, e:cept for incidental costs li4e photocopies. 5o)ever, judicial reconstitution requires publication )hich could be substantial $around !1,599 at 1==A prices&. *f the petition )as filed by #"+, then it shall shoulder this cost chargeable against '"+! funds. Other)ise, it )ill have to be borne by the farmer?beneficiary or the cooperative or farmers association. 5.. UNTITLED PRI>ATE PROPERTIES Can untitled (ri'ate (ro(erties $e (laced under CARP? #"+>s petition on the issue of placing untitled or unregistered private agricultural lands under '"+! is that if there is no adverse claimant over the subject landholding $e.g., there is no court case&, then submission of documentary and/or testimonial evidence shall be conclusive proof of o)nership. The landholding may be acquired under '"+! and the lando)ner entitled to payment in accordance )ith pertinent la)s and #"+ rules and regulations as resolved under #OF Opinion ;o. 1.<, Series of 1==-. What i" there are t3o or !ore clai!ants and there is a (endin# court case. to 3ho! shall (a)!ent $e !ade? *f there are t)o or more claimants and there is a pending court case, coverage of the land under '"+! should proceed and the processing of claim folder should continue )ithout interruption. Eut payment of said property shall only be effected to the claimant )ho has been declared by the 'ourt as the la)ful o)ner.

What sa"e#uards ha'e $een instituted to ensure that untitled and unre#istered (ri'ate a#ricultural lands $ein# co'ered $) the (ro#ra! are (ro(erl) su((orted $) adequate docu!ents? Gnder "dministrative Order ;o. 91, Series of 1==A, seven items are listed as documentary requirements for processing claim folders of untitled properties. These are, 1. Survey plan of the property duly approved by the (and 7anagement Eureau, and if not available, a s4etch plan certified to by said office, and technical description thereof2 -. 'ertified copy of the present Ta: #eclaration in the name of claimant )ith correct lot number/s and area per approved plan2 A. *nstruments of acquisition covering the subject property, such as #eed of Sale, #onation, Transfer, etc. in favor of claimant and those of his/her predecessor/s interest2 8. 'ertification of the "ssessor concerned sho)ing the Ta: #eclaration issued, the declarant/s, the area covered, and the basis for the issuances and cancellations thereof pertaining to the property/ies from the first declaration up to the ta: declaration issued in the name of the claimant2 5. 'ertification from the 'ler4 of 'ourt concerned )hether or not the property/ies identified in the plan is/are covered by land registration proceedings or civil case, and if the same is used as bond or bail in other court actions2 <. 'ertificates of the #0;+?(7S stating the year the property/ies identified in the plan may already be considered as private agricultural land, and the persons having the best claim of o)nership thereof2 and .. 'ertification from the Office of the +egister of #eeds and "ssessor concerned to the effect that as per their records, the property/ies as appearing in the approved survey plan is/are free from all liens and encumbrances. 5.1 IELD IN>ESTIEATION

;o3 3ill the lando3ner Bno3 that his or her land is $ein# co'ered $) CARP ? " lando)ner )ho has been identified should be notified by the 7"+O that his or her landholding is no) covered by issuing a ;otice of 'overage personally delivered or sent by registered mail. *n that ;otice, the lando)ner is also informed of his or her right to select the retained area and of the field investigation )hich )ill be conducted on the landholding. " copy of the ;otice shall also be posted for at least one )ee4 on the bulletin board of the municipal and barangay halls )here the land is located. A"ter identi")in# and docu!entin# the o3nershi( o" the land. 3hat !ust $e done ne&t? The suitability of the land covered under '"+! should ne:t be established. This is done primarily by underta4ing the field investigation of the property to ascertain its suitability, productivity, and tenurial characteristics. Who are in'ol'ed in the "ield in'esti#ation? "side from the 7"+O or "+!T and the lando)ner concerned, representatives from the #epartment of 0nvironment and ;atural +esources $#0;+&, #epartment of "griculture $#"& and (and Ean4 of the !hilippines $(E!&, as )ell as the E"+' and prospective agrarian reform beneficiaries should be invited to participate in the conduct of the field investigation. What i" the in'ited re(resentati'es are not a'aila$le? The field investigation can proceed provided they )ere given due notice of the time and date of the investigation to be conducted, i.e., they )ere sent copies of ;otice of 'onduct of ield *nvestigation. *f it is the (E! representative )ho is not available, the #"+ field implementor$s&, together )ith the other parties shall conduct the field investigation and accomplish !art * of the ield *nvestigation +eport. Such report shall be for)arded to the (E! representative for validation. What i" there is a di""erence in the "indin#s o" the DAR and the LHP? *n the event that there is a difference or variance in the findings of the #"+ and the (E! as to the propriety of coverings the land under '"+!, )hether in )hole

or in part, on the issue of suitability to agriculture, degree of development or slope, and on the issue affecting idle lands, the conflict shall be resolved by a composite team composed of #"+, #", #0;+, and (E! representatives )hich shall jointly conduct further investigation thereon. The team shall submit its )ritten report of findings )ithin five days from the conclusion of the inspection. Such findings shall be binding to both #"+ and (E! pursuant to the Foint 7emorandum 'ircular of the #"+, (E!, #0;+, and #" dated -. Fanuary 1==-. *f the issue involved is on the suitability to agriculture and its development, the chairperson shall be the #" representative. *f it is on the percentage slope, the #0;+ representative shall be the chairperson of the team. Wh) !ust the HARC and (ros(ecti'e ARHs $e in'ol'ed in the "ield in'esti#ation? *t is important to involve not only the other concerned '"+! implementing agencies but also the E"+' and the prospective beneficiaries because the people from the locality have a )ealth of information on the physical, agricultural and tenurial characteristics of the land. *t is also )ise to involve them from the beginning to generate their support and encourage their crucial participation in the development process.

http://www.lis.dar.gov.ph/home/document_view/9268