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Adopted: 30 July 2014
Date Filed: 05 August 2014

PREFATORY STATEMENT

The Department of Agrarian Reform (DAR) is mandated to complete the acquisition and distribution of the remaining CARP-covered landholdings (LHs) in 2016. The CARPER LAD Database, however, shows that there is a significant proportion of LHs that are tagged as low priority. The documentation and processing of these LHs have been temporarily stalled due to legal, technical, operational and administrative issues. In many instances, these LHs are not targeted for distribution; hence, these are just set aside. However, those landholdings which are subject of requests for coverage shall be given priority in the documentation and processing.

There are also instances when certain LHs not previously included in the CARPER LAD Database are identified by either the DAR field personnel or other stakeholders and are validated to be coverable. In such cases, these LHs are added to the CARPER LAD Database.

In view of the foregoing, there is an urgent need to conduct the review and evaluation of the LHs tagged in CARPER LAD Database as low priority to determine which among them will remain classified as low priority, be transformed into workable, or for deduction so that the remaining balance could be firmed-up immediately for the purpose of planning and programming of the LAD targets. Likewise, a review and validation of newly identified LHs has to be undertaken to identify which LHs are for inclusion to the CARPER LAD Database.

In all levels of the documentation, processing and evaluation of subject LHs, transparency shall be observed to provide all stakeholders the opportunity to participate in the process. Thus, the necessary support of all concerned agencies, civil society organizations (CSOs), landowners, and agrarian reform beneficiaries (ARBs) is of utmost importance.

This Memorandum Circular (MC) is issued to provide guidelines for the processing and evaluation of LHs for inclusion in and deduction from the CARPER LAD Database after compliance of certain requirements.

SECTION 1. Coverage. This MC shall cover all landholdings that are tagged as low priority or which are for deduction from the CARPER LAD Database as well as newly identified LHs found to be coverable under CARP which are for inclusion in the CARPER LAD Database.

SECTION 2. Definition of Terms

1. CARPER LAD Database – refers to DAR’s inventory of all agricultural LHs officially adopted by the Presidential Agrarian Reform Council Executive Committee (PARC ExCom) as the CARPER LAD Balance of the DAR as of July 1, 2009, and all LHs not initially included but subsequently identified, validated and added to it. These LHs in the database have either been distributed to agrarian reform beneficiaries (ARBs), retained by landowners, found to be not coverable under CARP or are still part of the balance as of January 1, 2014 for DAR’s acquisition and distribution to ARBs.
2. Low Priority Landholdings – refer to agricultural landholdings in the CARPER LAD Database which exhibit characteristics that may render them not coverable under CARP during the LAD process. As such, these LHs shall be tagged as low priority LHs upon submission of supporting documents stipulated under Annex A (Matrix of Supporting Documents for LHs to be Declared as Low Priority and for Deduction from the CARPER LAD Database) of this MC. They shall remain in the LAD CARPER Database until declared as deducted by a final and executory order of the Regional Director or the Secretary.
3. Deducted Landholdings - refer to LHs listed in the CARPER LAD Database but have been found to be not coverable under CARP as evidenced by final and executory decisions/orders from the appropriate government entity and have been previously approved for deduction by the then LAD Technical Review Committee (LAD-TRC) pursuant to MC No. 8, Series of 2010, and those to be approved by the Regional Director or the Secretary pursuant to this MC. Those found to be either distributed before July 1, 2009 or with duplicate record in the LAD CARPER Balance as reflected in the LTI OpTool can be deducted from the database without the need for supporting documents.
4. Landholdings for Inclusion – refer to newly identified agricultural LHs which were not included in the PARC ExCom-approved CARPER LAD Balance but have been validated to be coverable under CARP. These will be added to the CARPER LAD Database pursuant to the procedures under this MC.
5. High LAD Provincial Agrarian Reform Offices - refer to DAR Provincial Offices (DARPOs) with LAD balances of above 13,000 hectares. Twentytwo (22) DARPOs fall under this category and comprise 77% of the areas in the overall LAD balance. (See Annex B – List of High LAD and Low LAD Provincial Offices)
6. Low LAD Provincial Agrarian Reform Offices - refer to DAR Provincial Offices with LAD balances of 13,000 hectares and below. Fifty-three (53) DARPOs fall under this category and comprise 23% of the areas in the overall LAD balance. (See Annex B – List of High LAD and Low LAD Provincial Offices)
7. LTI Operational Tool (OpTool) – is a web-based custom application designed to increase the efficiency and effectiveness in working with land tenure improvement (LTI) data. It is a new consolidated repository of LTI data from all sources. It makes data available to all authorized users through the internet.

SECTION 3. CARPER LAD Balance Updating. The CARPER LAD Balance represents the gross area that will be documented and processed pursuant to existing guidelines on LAD. However, some areas have to be deducted when found to be non-CARPable during the preliminary ocular inspection (pre-OCI) by the Municipal Agrarian Reform Program Officers (MARPOs) or during the conduct of DAR-Land Bank of the Philippines (LBP) Joint Field Investigation (JFI). In addition, portions of CARPable lands are projected to be retained by the landowners who have not yet exercised their right of retention. Thus, there is a need to update the CARPER LAD Balance on an annual basis, the process of which shall be integrated with the Department’s year-end assessment framework. The CARPER LAD Balance Updating Report which would show the consolidated output will be generated by the OpTool. This shall be presented to the PARC ExCom for approval.

The CARPER LAD Balance formula is:

	Beginning LAD Balance (as of the beginning of Reporting Period)
Less:	Deducted LHs (during the Reporting Period)
Add:	Included LHs (Newly Identified LHs Validated to be Coverable during the Reporting Period)
Equals:	Sub-Total (for Distribution)
Less:	LAD Accomplishment for the year • EP/CLOA awarded • LO’s retention areas • Non-CARPable areas (e.g., roads, canal, rivers, etc.)
Equals	Ending LAD Balance as of end of Reporting Period
Less:	Low Priority LHs
Equals:	Ending Workable Balance (as of End of Reporting Period)

Where:

Beginning Balance	=	No. of LHs and area (has.) as of the beginning of the reporting period
Deducted LHs	=	No. of LHs and area (has.) as defined in Item 3, Sec. 2 hereof
Included LHs	=	No. of LHs and area (has.) as defined in Item 4, Sec. 2 hereof
LAD Accomplishment	=	No. of LHs and area with EP/CLOA awarded for the period, retention areas, and Non-CARPable areas (e.g., roads, canal, rivers, etc.)
Low Priority LHs	=	No. of LHs and area (has.) as defined in Item 2, Sec. 2 hereof

SECTION 4. Provincial Review and Validation of Landholdings for Inclusion in or Deduction from the CARPER LAD Balance. Within seven (7) days from the issuance of this MC, the Provincial Agrarian Reform Program Officer II (PARPO II) shall convene or re-organize the Provincial Task Force on Problematic Landholdings (PTFPL) created pursuant to MC No. 9, Series of 2011.

In addition to the functions stated under MC 9, Series of 2011, the PTFPL shall:

1. Review and validate LHs for deduction and newly identified LHs for inclusion in the CARPER LAD Database in accordance with Section 6 hereof; and
2. Submit to the RD the report including recommendations and actions to be taken on landholdings found to be low priority, for inclusion in or for deduction from the CARPER LAD Database.

SECTION 5. Regional LAD Balance Evaluation Team (RLBET). In lieu of the LAD-TRC created under Special Order (SO) No. 627, Series of 2012, a Regional LAD Balance Evaluation Team (RLBET) shall be created and be composed of Regional Officers/personnel to be headed by the RD.

The RLBET shall have the following functions:

1. Review and evaluate the reports and recommendations of the PTFPL, including the Provincial Agrarian Reform Coordinating Committee (PARCCOM) Resolution on the same; The RLBET may also be tasked to review and evaluate those reports and recommendations from other regions, as may be directed by the Undersecretary for Field Operations; and
2. Recommend to the concerned RD or RD of origin (as the case may be) the Approval/Disapproval of the inclusion in or deduction of LHs from the CARPER LAD Database using CARPER LAD Form 71 and 71-A and transmit same to the RD concerned or RD of origin.

SECTION 6. Procedures in the Processing of LHs for Inclusion in and Deduction from the CARPER LAD Balance. Immediately upon the issuance of this MC, the following shall be undertaken:

1. The PARPO shall:

1.1 Direct the LTI OpTool Administrator to generate and distribute copies to PTFPL members of the list of LHs tagged as low priority, including the specific reasons for tagging them as such, as well as the list of those LHs for inclusion in the CARPER LAD Database identified by the DAR and other stakeholders, and form a Secretariat to prepare the supporting documents therefor, as provided in Annex A* (Matrix of Required Supporting Documents).

1.2 Within two (2) days from the receipt of the updated list of low priority LHs, and list of LHs for inclusion:

1.2.1 Convene the PTFPL to do an initial analysis and evaluation of the subject LHs on whether they can be transformed into workable ones or be instead considered for deduction, do an initial review of said LHs for inclusion in the CARPER LAD Database, and identify which of the LHs are already covered by PARCCOM resolutions previously submitted to the DAR Central Office LAD Technical Review Committee (now dissolved, with its functions assumed by the RLBET), and which LHs are not;

1.2.2 Provide the PARCCOM with the list of LHs not covered by previous resolutions, together with the supporting documents prepared by the Secretariat, with the request to do an initial review and recommendation thereof prior to the conduct of a Joint PTFPL-PARCCOM deliberation thereon to be convened by the PARPO; and

1.2.3 Simultaneous with the provision of the list to the PARCCOM, cause the posting of the list of LHs for inclusion in and deduction from the CARPER LAD Database in the bulletin boards of barangay and municipal halls for seven (7) days, as well as in the bulletin boards of the DARPO and DAR Municipal Offices (DARMO) where the properties are located (CARPER LAD Form No. 72), which list should be prominently labelled and located in front or in the lobby of the offices where it can be seen by the public; likewise, the PARPO shall send copies of the list to all concerned civil society organizations (CSOs) operating in the area, after which the Municipal/City Administrator, Barangay Captain/ Secretary, BARC Chairman, MARPO, and PARPO II shall thereupon issue their corresponding Certification of Posting Compliance (CARPER LAD Form No. 72-A); in this regard, any person who may have concerns or wish to be clarified on the subject LH may submit their comments/protests/petitions to the DAR Regional Office within the seven (7) day period of posting.

Any protest/petition shall be resolved as an Agrarian Law Implementation (ALI) case pursuant to DAR AO No. 2, Series of 2003, entitled, “2003 Rules for Agrarian Law Implementation Cases”.

Pending final and executory resolution of the ALI case, the landholding will be treated as low priority for land acquisition and distribution.

1.3 Within seven (7) days from receipt of the List by the PARCCOM, convene the Joint DAR-PTFPL and PARCCOM to deliberate and decide on which landholdings would require field verification.

2. The PTFPL and PARCCOM shall jointly:

2.1 Conduct and complete the joint field verification on the LHs, in coordination with the BARC or, in the absence, thereof, the Barangay Council; and

2.2 Deliberate on the findings of the field verification and pass a resolution containing the recommendation on which LHs are for deduction or inclusion, and which LHs are to be maintained as low priority as there are still problems that have to be addressed before documentation and processing of the landholdings can proceed.

3. The PARPO shall then submit the results of the review and recommendations (CARPER LAD Form No. 71 – Results of Review of Low Priority LHs in the CARPER LAD Database and CARPER LAD Form No. 71A – Results of Review of Newly Identified LHs for inclusion in the CARPER LAD Database), including the following supporting documents specified in Annex A (i.e., titles, certifications, photos of the LH, Joint PTFPLPARCCOM Resolution for inclusion and deduction), to the RLBET, through the Regional Director, for evaluation and approval, which entire process at the provincial level shall be completed within thirty (30) days for low LAD provincial offices and sixty (60) days for high LAD provincial offices; moreover, the DARPOs may submit partial outputs provided that the review of the entire list should not exceed 30 or 60 days, as the case may be (Refer to Annex B – List of High LAD Provincial Offices and Low LAD Provincial Offices).

4. The Regional Director (RD) shall:

4.1 Within five (5) working days from receipt of the recommendations of the Joint PTFPL-PARCCOM submitted by the PARPO, convene the RLBET to:

4.1.1 evaluate and act on the findings of the Joint PTFPL-PARCCOM, as well as on the comments, petitions or protests from stakeholders, by filling up the appropriate column(s) on CARPER LAD Form Nos. 71 and 71A;

4.1.2 prepare a Resolution for landholdings which are approved for inclusion in or deduction from the CARPER LAD Database; and

4.1.3 prepare and send replies to the stakeholders who submitted comments, petitions, or protests.

The Undersecretary for Field Operations, as part of his oversight function, may direct a DAR office from other regions to evaluate the findings of the PTFPL. Likewise, in case of voluminous workload, the RD may also submit a request to the Undersecretary for assistance from other regions in the evaluation of the PTFPL’s findings. Within seven (7) days from the receipt of the request, the Undersecretary for Field Operations shall identify and direct a particular RLBET of another region to assist the requesting RD.

Within three (3) days from receipt of the action from the Undersecretary for Field Operations, the requesting RD or RD who has supervision over the PARPO whose Joint PTFPL-PARCCOM recommendations the Undersecretary wants to be reviewed by another region, shall forward the said recommendations, together with the pertinent documents, to the reviewing RD identified by the Undersecretary for Field Operations.

Within five (5) working days from receipt of the recommendation by the PARPO, the reviewing RD shall convene the RLBET to:

a. evaluate and act on the Joint findings of the PTFPL-PARCCOM by filling up the appropriate column(s) on CARPER LAD Form Nos. 71 and 71A; and

b. transmit its findings and recommendations to the requesting RD.

The RD concerned shall act on the recommendation of the reviewing RLBET and prepare a Resolution for landholdings which are approved for inclusion in or deduction from the CARPER LAD Database.

4.2 Transmit the list of LHs found to be either workable, low priority, and for inclusion in or deduction from the CARPER LAD Database (CARPER LAD Form Nos. 71 and 71A) to the DARPO for updating in the LTI OpTool, furnishing a copy thereof to the BLTI.

4.2.1 The PARPO shall, upon receipt of the said list of LHs found to be either workable, low priority, and for inclusion in or for deduction from the CARPER LAD Database from the RD, direct the:

1. LTI OpTool Administrator to update the LTI OpTool; and
2. CARPO-Operations and MARPOs concerned to proceed with the documentation of the LHs found to be workable.

4.3 Submit the RLBET Resolution for landholdings approved for inclusion in or deduction from the CARPER LAD Database, including all supporting documents, to the BLTI, on account of which the latter shall prepare a summary list of all Resolutions for submission to the Undersecretary for Field Operations, copy furnished the PARC Secretariat and all CSOs listed in the database of the Public Affairs and Media Relations Service (PAMRS).

The BLTI shall conduct further validation through spot audit of LHs for deduction. The CSOs may participate in the conduct of the spot audit.

4.4 With respect to cases pending at the DARRO, direct the Chief of the Regional Legal Division to facilitate the review of the same, and prepare a resolution within fifteen (15) days for the RD’s approval; otherwise, prepare a Memorandum on why the case cannot yet be resolved, and furnish a copy of the Resolution to the DARCO Special Legal Team through its Regional point person.

Provide the DARCO Special Legal Team with the list of LHs with cases pending at the DAR Central Office (DARCO), Office of the President (OP), Court of Appeals (CA), or Supreme Court (SC), in order to facilitate the resolution or follow-up of these cases. 4.5 The BLTI shall prepare an updated CARPER LAD Database as of the end of the year which shall be submitted to the PARC Executive Committee (ExCom), through the PARC Secretariat, for approval.

SECTION 7. Monitoring and Reporting. The monitoring of the status of subject LHs at all levels shall be through the LTI OpTool. Hence, the PARPOs shall ensure that the said database is regularly updated through the web-based LTI OpTool.

The PARPO, in coordination with the PARCCOM, shall regularly monitor the status of the subject LHs and, if necessary, convene the PTFPL to address issues that may crop up during the documentation of the LHs which have been transformed into workable LHs. If necessary, he shall seek the assistance of other agencies concerned to facilitate the resolution of issues.

Based on the LTI OpTool, the BLTI shall generate using the OpTool, the Landholding Balance Reports, accomplishment and other reports needed by the management for inclusion in the annual agency performance report.

Likewise, the Field Operations Office through the BLTI shall furnish the major CARP stakeholders (i.e., Congressional Oversight Committee on Agrarian Reform (COCAR), CSOs, etc.) with copies of the said reports including the lowpriority LHs which shall also be posted in the DAR website.

SECTION 8. Transitory Provision. Upon the issuance of this MC, the BLTI, which has assumed custody over all the documents submitted by PARPOs to the DARCO LAD-TRC Secretariat, shall transmit to the RLBET all PARCCOM Resolutions undergoing review and evaluation by the LAD-TRC, together with all the supporting documents, for their review and evaluation pursuant to Section 5 of this MC. Consequently, the RLBET shall process the same following the procedures laid down under the aforementioned Section.

SECTION 9. Repealing Clause. This MC modifies or repeals all issuances or portions thereof that are inconsistent herewith.

SECTION 10. Effectivity Clause. This MC shall take effect immediately.

Diliman, Quezon City, 30 July, 2014.

(SGD) VIRGILIO R. DE LOS REYES
Secretary

* Text Available at the Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City.