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I. Prefatory Statement

The Department of Agrarian Reform is the main agency involved in the implementation of the Comprehensive Agrarian Reform Program (“CARP”) pursuant to Republic Act No. 6657 (An Act Instituting a Comprehensive Agrarian Reform Program to Promote Social Justice and Industrialization, Providing the Mechanism for its Implementation, and for Other Purposes), as amended by Republic Act No. 9700 (An Act Strengthening the Comprehensive Agrarian Reform Program (CARP), extending the Acquisition and Distribution of all Agricultural Lands, Instituting Necessary Reforms, Amending for the Purpose Certain Provisions of Republic Act No. 6657, otherwise known as the Comprehensive Agrarian Reform Law of 1988, as Amended, and Appropriating Funds therefor).

In connection with the implementation of the CARP, DAR, through its Regional Directors, Provincial Agrarian Reform Officers (“PARO”), Municipal Agrarian Reform Officers (“MARO”), among others, verifies records kept by the Land Registration Authority and its Registries of Deeds; requests LRA and its RoDs to issue certifications and certified true copies of titles and documents; and causes the preparation of documents, deeds, and instruments, which are brought to the RoDs for registration (collectively “CARP-related Transactions”).

LRA is now implementing the Land Titling Computerization Project (“LTCP”), which involves, among others, the development of customized application systems, the supply of IT products and services, training of end-users, conversion of titles and documents from physical to digital format, nationwide network interconnection, and rehabilitation and construction of IT-enabled government offices, and which is financed, constructed, and operated and maintained exclusively pursuant to the Build-Own-Operate (“BOO”) Agreement dated May 26, 2000 entered into by and between LRA and the Land Registration Systems, Inc. (“LARES”) as the project proponent thereof.

Under the LTCP, the operations of the LRA and its RoDs shall be fully-computerized, and all documents, deeds, instruments shall be electronically-registered, and requests for verifications, certifications and certified true copies shall be processed pursuant to published Circulars and Guidelines of the LRA, namely:

1. Implementing Guidelines on Electronic Registration of Land Titles and Deeds, issued on 02 July 2009;
   
2. Implementing Guidelines on Electronic Registration of Land Titles and Deeds and Processing of Central Office Transactions, issued on 21 December 2010; and
   
3. Amendment to the Implementing Guidelines on Electronic Registration  of Chattel Mortgage and Other Personal Properties, Electronic Recording of Transactions on Unregistered Land, and Electronic Registration of Land Titles and Deeds, issued on 21 January 2011.

With the implementation of the LTCP, CARP-related Transactions shall be processed using the LRA’s Philippine Land Registration and Information System (“PHILARIS”), which is the computerized system developed for LRA.

This Joint Memorandum Circular is being issued to guide all concerned personnel of DAR, and LRA and its RoDs on the rules and procedures for the computerized processing of CARP-related Transactions, including the payment of the IT Service Fees arising therefrom.


II. Statement of Policies

In accordance to Sections 66 and 67 of Republic Act No. 6657, CARP-related transactions are exempted from taxes and fees of land transfers, and other charges.

Pursuant to the Republic Act No. 7718 (An Act Amending Certain Sections of Republic Act No. 6957, entitled “An Act Authorizing the Financing, Construction, Operation and Maintenance of Infrastructure Projects by the Private Sector, and for Other Purposes), and as provided in the BOO Agreement by and between LRA and the protect proponent, IT Service Fees shall be collected for specific services rendered by LRA, which includes CARP-related transactions. These IT Service Fees are not part of the exemptions from the payment of Fees and Taxes granted CARP-related transactions, as enumerated in Sections 66 and 67 of Republic Act No. 6657.

Relative to this, as part of the total CARP budget, the LRA has an annual appropriation in the General Appropriations Act, from fund 158, for the implementation of its CARP-related activities that include the allocation for payment of IT Service Fees covered by this Joint Circular.


III. Responsibilities of DAR and LRA

1. DAR Responsibilities

1. DAR shall issue the necessary orders to appoint and authorize representatives to transact with LRA and its RoDs, and through the LRA CARP Central Office, provide LRA a list of these representatives. All transactions brought by the DAR Authorized representatives (“DAR-AR” or “DAR-ARs”) shall be deemed by LRA and its RoDs as transactions entered into by DAR.
   
2. DAR shall regularly update the list of DAR-ARs and furnish the same to LRA, through the LRA-CARP Central Office.

2. LRA Responsibilities

1. LRA shall issue the necessary orders to ensure that all CARP-Related Transactions are entered into and processed by its Computerized Systems.
   
2. LRA shall ensure that system enhancements that may be requested by DAR in connection with CARP-Related Transactions are reviewed and addressed appropriately by the LTCP project proponent. For this purpose, a Joint Technical Working Group (“JTWG”) shall be formed by LRA and DAR, which shall interface with the LRA’s Project Management Executive Committee.
   
3. LRA and its RoDs shall only process CARP-related Transactions that are submitted by DAR-ARs.
   
4. LRA shall ensure the institutionalization of the CARP Volume, pursuant to the Joint DAR-LRA Memorandum Circular No. 16, Series of 2004, in the LTCP.

IV. Operating Procedures

A.    General Procedures for the Processing of Requests for Verifications, and the Issuance of Certifications and Certified True Copies

1. The DAR-AR shall submit a letter-request for verification, and/or issuance of certification and/or certified true copy of a title, document, deed or instrument to the RoD. The request shall be presented with the DAR-AR’s valid Identification Card, a copy of which shall be left with the RoD.
   
   
2. The designated LRA-CARP entry clerk shall enter such request in the Electronic Primary Entry Book for Certifications, Certified True Copies, and Verifications (“EPEB-CCV”) Book. The PHILARIS shall also record the date and time when such request is made. A Claim and Assessment Slip (“CAS”) with the corresponding computed IT Service Fees shall then be generated by the PHILARIS.
   
   
3. The designated DAR-AR shall review the CAS and confirm the accuracy of the details therein provided by affixing his signature on the RoD Copy of the CAS. The signed CAS shall serve as basis for billing by LRA, and shall also authorize further processing of the transaction.
   
   
4. The authorized approving officer shall process the following requests pursuant to Rules XIII, XIV and XV of the Implementing Guidelines on Electronic Registration of Land Titles and Deeds issued on 02 July 2009; Rules VIII and IX of the Implementing Guidelines on Electronic Registration of Land Titles and Deeds and Processing of Central Office Transactions, issued 21 December 2010; and Rules II and III of the Amendment to the Implementing Guidelines on Electronic Registration of Chattel Mortgage and Other Personal Properties, Electronic Recording of Transactions on Unregistered Land, and Electronic Registration of Land Titles and Deeds issued on 21 January 2011, as follows:

1. Implementing Guidelines on Electronic Registration of Land Titles and Deeds issued on 02 July 2009:

“Rule XIII
ISSUANCE OF CERTIFIED TRUE COPIES

Section 30. Request for Certified True Copies of Titles and Documents. — Any application for certified true copies of documents involving registered land on file may be made by the client with the registry concerned.

Section 31. Issuance of Certified True Copies. — The following procedures for the issuance of certified true copies of titles and documents shall be observed in the Registry:

a) Upon receipt of a request, duly authorized for the purpose, on a specific document or transactions involving registered land the request shall be entered into the Certified True Copy, Certification, and Verification (CCV) Book, wherein such request shall be given a reference number. It shall also record the date and time when such request is lodged.

b) The system shall check the database for the existence of the document requested and shall assess the required fees and prompt the client to pay before the request is processed.

c) The system shall print the image of the requested document on security paper. The print-out of the requested document shall bear the signature of the records Officer, who shall certify that the same is a true electronic copy of the document on file, and the certification shall be issued to the client after proper identification.

d) The certification shall be released to the client who shall sign the acknowledgment slip generated by the system.

Rule XIV
ISSUANCE OF CERTIFICATION

Section 32. Issuance of Certification. — The following procedures for issuance of certifications shall be observed in the Registry of Deeds.

a) Upon receipt of a request for a particular certification, duly authorized for the purpose, on a specific document or transactions involving registered land, the request shall be entered into the CCV Book wherein such request shall be given a reference number. It shall also record the date and time when such request is lodged.

b) The system shall check the database for the existence of the document requested and shall assess the required fees and prompt the client to pay before the request is processed.

c) After the necessary examination of available information, the certification shall be prepared, printed and signed.

d) The certification shall be released to the client who shall sign the acknowledgment slip generated by the system.

Rule XV
VERIFICATION/RESEARCH ON DOCUMENTS ON FILE

Section 33. Verification on Documents on File at the Office of the Register of Deeds. — The client shall submit the request form for verification, duly authorized for the purpose, on a specific document or transactions involving registered land, and shall pay the corresponding fee/s. The appropriate databases shall be checked to facilitate the verification transaction subject to the regulations to be promulgated by the concerned Registry.”

b. Implementing Guidelines on Electronic Registration of Land Titles and Deeds and Processing of Central Office Transactions issued on 21 December 2010:

“Rule VIII
ISSUANCE OF CERTIFIED TRUE COPIES

Section 19. Request for Certified True Copies. — Any application for certified true copies of documents on file may be made by the client with the CO.

Section 20. Issuance of Certified True Copies. — The following procedures for the issuance of certified true copies of documents shall be observed in the CO:

a) Upon receipt of a request, duly authorized for the purpose, on a specific document, the receiving clerk shall enter the request for the Certified True Copy, Certification, and Verification (CCV) Book wherein such request shall be given a reference number. It shall also record the date and time when such request is lodged.

b) The system shall check the database for the existence of the document requested and shall assess the required fees and prompt the client to settle the fees before the request is processed.

c) The system shall print the image of the requested document on security paper. Signatures shall no longer be required on the printed certified true copy of a document. Instead, language stating it is electronically-certified shall be included, and shall be as follows:

“It is hereby certified that this is a true electronic copy of the document on file in the LRA Central Office, which consists of < NUMBER> page(s).

This certification is electronically-signed by < NAME OF CCV APPROVER>, who is the authorized officer, and does not require a manually-affixed signature.”

d) Once the CO is ordered to exclusively use the computerized system for the issuance of certified true copies of documents, only certified true copies issued using PHILARIS shall be deemed as valid certified true copies. All certified true copies shall be printed on officially-prescribed controlled form.

e) The certification shall be issued to the client after proper identification.

f) The certified true copy shall be released to the client who shall sign the acknowledgment slip generated by the system.

g) request for certified copy of documents may be denied on reasonable grounds especially when it affects public interest.

Rule IX
ISSUANCE OF CERTIFICATION

Section 21. Issuance of Certification. — The following procedures for issuance of certifications shall be observed in the CO:

a) Upon receipt of a request for a particular certification on a document on file, the request shall be entered into the CCV Book wherein such request shall be given a reference number. It shall also record the date and time when such request is lodged.

b) The system shall check the database for the existence of the document requested and shall assess the required fees and prompt the client to pay before the request is processed.

c) After the necessary examination of available information, the certification shall be prepared, printed and signed.

d) The certification shall be released to the client who shall sign the acknowledgment slip generated by the system.

e) request for certification will be based on the status of records on file and may be denied on reasonable grounds when it affects public interest.

Section 22. Issuance of Certification of Status of Approved Survey Plans and/or Cadastral Lots. — The following procedures for issuance of certification of approved survey plans and/or cadastral lots shall be observed in the CO:

a) Upon receipt of a request together with the required documents, this shall be entered into the CCV Book wherein such request shall be given a reference number. It shall also record the date and time when such request is lodged.

b) The submitted documents shall be scanned, and the resulting images shall be stored in the database. After scanning, the documents shall be kept in the vault for safekeeping.

c) The subject property submitted shall undergo plotting, verification and examination. The findings of the examination shall be transmitted to the approving authority.

d) Upon approval, a certification shall be released to the client, who shall sign the acknowledgment slip generated by the system.”

c. Amendment to the Implementing Guidelines on Electronic Registration of Chattel Mortgage and Other Personal Properties, Electronic Recording of Transactions on Unregistered Land, and Electronic Registration of Land Titles and Deeds issued on 21 January 2011:

“Rule II
AMENDED PROCEDURES FOR THE ISSUANCE OF CERTIFIED
TRUE COPIES OF CERTIFICATES OF TITLE DOCUMENTS

5. Request for Certified True Copies of Titles and Documents. Any application for certified true copies may be made by the client. However, a request may be denied issuance on reasonable grounds when it affects public interest. Furthermore, the issuance of Certified True Copies of Certificates of Title shall not be allowed if the requested title is subject of an ongoing transaction. Processing of the request may commence after the transaction is released.

6. Issuance of Certified True Copies. The following procedures for the issuance of certified true copies of Certificates of Title and documents shall be observed:

a. Upon receipt of a request, duly authorized for the purpose, for a certified true copy of a specific Certificate of Title or document, the receiving clerk shall enter such request in the Certified True Copy, Certification, and Verification (CCV) Book, wherein such request shall be given a reference number. It shall also record the date and time when such request is made.

b. The PHILARIS shall check the database for the existence of the Certificate of Title or documents requested, and assess the applicable fees.

c. The client shall pay the applicable fees before the request is processed.

d. The Records Officer or the authorized approving officer shall process the request, and shall certify, using his electronic signature, that the printed output is a true electronic copy of the Certificate of Title or document.

e. A signature shall not be required on the printed certified true copy. The electronically-issued certified true copies shall contain the following notations:

“It is hereby certified that this is a true electronic copy of the document on file in Registry of Deeds < NAME OF RD>, which consists of < NUMBER> page(s).

This is a system-generated Certified True Copy and does not require a manually-affixed signature.

Issued at < PLACE OF ISSUE>.”

f. The certified true copy shall be released to the client who shall sign the acknowledgment slip generated by the system.

Rule III
ISSUANCE OF CERTIFIED TRUE COPIES OF CERTIFICATES OF
TITLE AND DOCUMENTS LOCATED IN ANOTHER LRA OFFICE

7. Request for Certified True Copies of Titles and Documents kept in another LRA Office. A client may apply with an LRA Office for certified true copies of Certificates of Title or documents kept in another LRA Office, subject to the availability of the facility. Requests may be made in the Registry of Deeds, an authorized office, and the Central Office. However, issuance of Certified True Copies of Certificates of Title shall not be allowed if the requested title is subject of an ongoing transaction. Processing of the request may commence after the transaction is released.

8. Issuance of Certified True Copies. The following procedures for the issuance of certified true copies of Certificate of Titles and documents kept in another LRA Office shall be observed:

a. Upon receipt of a request, duly authorized for the purpose, for a certified true copy of a specific Certificate of Title or document, the receiving clerk shall enter such request in the Certified True Copy, Certification and Verification (CCV) Book, wherein such request shall be given a reference number. It shall also record the date and time when such request is made.

b. The PHILARIS shall check the database for the existence of the Certificate of Title or documents requested, and assess the applicable fees.

c. The client shall pay the applicable fees before the request is processed.

d. The Records Officer or the authorized approving officer shall process the request, and shall certify, using his electronic signature, that the printed output is a true electronic copy of the Certificates of Title and documents.

e. For requests involving Certificates of Title issued using PHILARIS, the records Officer or the authorized approving officer shall make a direct print from the system using the database in the IMC data Center.

f. For requests involving Certificates of Title issued prior to the use of the PHILARIS, the Records Office shall check the title in the database and the original copy of the title in the vault and shall certify using his electronic signature, that the physical title and its corresponding image in the database are the same.

g. A signature shall not be required on the printed certified true copies. For electronically-issued certified true copy of documents on file in the Registry of Deeds, the same shall contain the following notation:

“It is hereby certified that this is a true electronic copy of the document on file in the Registry of Deeds of < NAME OF RD>, which consists of page(s).

This is a system-generates Certified True Copy, and does not require a manually-affixed signature.

Issued at < PLACE OF ISSUE>.”

h. For electronically-issued certified true copy of documents on file in the Central Office, the same shall contain the following notation:

“It is hereby certified that this is a true electronic copy of the document on file in the LRA Central Office, which consists < NUMBER> of page(s).

This is a system-generated Certified True Copy, and does not require a manually-affixed signature.

Issued at < PLACE OF ISSUE>.”

i. The certified true copy shall be released to the client who shall sign the acknowledgment slip generated by the system.

j. Requests for a certified true copy of a specific Certificate of Title or document may be denied issuance of reasonable grounds when it affects public interest.”

B.    General Procedures for the Registration of CARP-related Documents, Deeds, and Instruments in the Registries of Deeds

1. The DAR-AR shall submit the required documents for registration to the RoD, which shall include the DAR-AR’s valid identification card, a copy of which shall be left with the RoD.
   
   
2. All basic information from documents received shall be entered into the EPEB  for the Comprehensive Agrarian Reform Program (“EPEB-CARP”) by the designated LRA-CARP entry clerk, and these shall be automatically assigned with an EPEB number as its control or reference number. The date, hour and minute of reception of all instruments in the order in which they are received shall likewise be noted. A CAS with the corresponding computed IT Service Fees shall be generated by the system.
   
   
3. The designated DAR-AR shall review the CAS and confirm the accuracy of the details therein provided by affixing his signature on the RoD Copy of the CAS. The signed CAS shall serve as basis for billing by LRA, and shall also authorize further processing of the transaction.
   
   
4. Transactions subject to the verification process in the Central Office (e.g., Original Registration, Registration of a Subdivision and/or Consolidation Plan, etc.) shall follow the defined procedures under Rule VII of the Implementing Guidelines on Electronic Registration of Land Titles and Deeds and Processing of Central Office Transactions, to wit:
   
   
   “Rule VII
   CENTRAL OFFICE VERIFICATION
   
   Section 15. Verification of Administratively-issued Titles. — The following shall be the revised procedure for the verification of administratively-issued titles at the Central Office, as indicated in Section 24 of the Implementing Guidelines on Electronic Registration of Land Titles and Deeds.
   
   a) The RD shall scan the patent title, grant or award and its supporting documents and the image thereof shall be transmitted to the CO. Upon receipt of the same, the basic information shall be encoded and a reference number shall be assigned to the transaction.
   
   b) The subject patent title shall undergo plotting, verification and examination. Findings from the plotting and examination shall be in the form of an electronic certification issued by the CO, and shall be sent to the RD within ten (10) working days.
   
   c) In case of an adverse finding, the RD shall deny the transaction pursuant to Section 9 (c) of the Implementing Guidelines on electronic registration of Land Titles and Deeds.
   
   Section 16. Verification of Plans Approved by the Regional Offices of the Department of Environment and Natural Resources (DENR) and other government agencies. — The following shall be the revised procedure for the verification of plans approved by the Regional Offices of the DENR and other government agencies at the Central Office, as indicated in Section 25 of the Implementing Guidelines on Electronic Registration of Land Titles and Deeds.
   
   a) The subject property submitted shall undergo plotting, verification and examination. All findings from the plotting and plan examination shall be in the form of a certification, and shall be sent to the RD within ten (10) working days.
   
   b) For plans having defective technical descriptions, the CO shall issue an adverse finding which shall be the basis of the RD to inform the registrant to have the technical description corrected by the Regional Offices of the Land Management Bureau.
   
   c) In case of double issuance of title or overlapping, the RD shall deny the transaction.
   
   Section 17. Verification of a Court Order for the Reconstitution of a Certificate. — The following shall be the revised procedure for the verification of a court order for the reconstitution of a certificate at the CO, as indicated in Section 26 of the Implementing Guidelines for Land Titles and Deeds.
   
   a) The RD shall scan the documents submitted, and the images thereof shall be transmitted to the CO. Upon receipt of the same, the CO shall encode the basic information and assign a record number to the transaction.
   
   b) The CO shall verify and ensure that the submitted documents are compliant with the requirements stated in LRC Circular 35, as amended.
   
   c) Further, the subject property submitted shall undergo plotting, verification and examination.
   
   d) All findings from the plotting and plan examination shall be in the form of a certification on issued by the CO, and shall be sent electronically to the RD within three (3) working days.
   
   Section 18. Verification of a Court Order for Amendment and/or Inscription of the Technical Description of a Certificate of Title. — The following shall be the revised procedure for the verification of a court for amendment of a certificate at the CO, as indicated in Section 27 and 28 of the Implementing Guidelines on Electronic Registration of Land Titles and Deeds.
   
   

   a) In case the petition has not gone through verification and examination process by the CO, the RD shall scan the court order and the image thereof shall be transmitted to the CO. Upon receipt of the same, the CO shall encode the basic information and assign a record number to the transaction.
   
   b) The subject property submitted shall undergo plotting, verification and examination. All findings from the plotting and examination shall be in the form of queries to concerned government agencies and a report is submitted by the CO to the court.”

   
   
5. All pertinent data from the submitted documents shall be encoded in the system. When applicable, corresponding annotations on the Certificate of Title subject of the transaction shall be made using the PHILARIS format and templates.
   
   
6. The encoded electronic data as well as the pertinent documents shall then be examined by the designated LRA-CARP examiner. The recommendation of the said examiner shall be electronically transmitted to the approving authority for proper action.
   
   
7. If the transaction is approved, the approving authority shall affix his/her electronic signature, and the corresponding output as provided in the Joint LRA-DAR Memorandum Circular No. 09 Series of 1996 pertaining to the Joint LRA-DAR Operations Manual on Land Titling, Registration, and Distribution under the Comprehensive Agrarian Reform Program, shall be generated by the Computerized System, as follows:
   

   
   
   1. In case of the registration of an Emancipation Patent (“EP”), or  Certificate of Land Ownership Award (“CLOA”) - the System shall generate the unique  title number/s, which shall be manually-inscribed on the corresponding Certificate/s of Title provided by DAR, along with the Title Registration Date. The approving authority shall thereafter manually-affix his/her signature on the original of the EP or CLOA provided by DAR and its owner’s duplicate/s.
      
   2. In case of the issuance of new Certificate of Title, the system shall generate the new Certificate of Title (the “eTitle”) based on the approved format.
      
   3. In case of transactions requiring the inscription of annotations, the system shall generate the new annotation based on the approved format.

   
   
8. If the transaction is denied, a notice of denial shall be issued to the DAR-AR who may, without withdrawing the documents, elevate the transaction en consulta within five (5) days from notice of such denial, otherwise, the same shall be considered final.
   
   
9. All pertinent documents, deeds, and instruments submitted by the DAR-AR shall be scanned, and the resulting images shall be stored into the database of the RoD.
   
   
10. The owner’s duplicate of the EP or CLOA and copies of the documents submitted shall be released to the DAR-AR concerned who shall sign the acknowledgment slip generated by the system.

C. Settlement Procedure

1. The designated LRA-CARP employee in the RoD shall collate and scan, on a weekly basis, the signed RoD Copy of the CAS, the copy of the DAR-AR Identification Card, and letter-requests/transmittals from DAR of all CARP-Related Transactions entered, for the week, into the RoD’s EPEB-CARP and EPEB-CCV. These documents shall be electronically-sent to the Information Management Center, the LRA and the LRA- CARP Central Office.
   
   
2. LRA shall use these documents as basis to prepare a weekly Statement of Account for all CARP-related Transactions received and entered in all computerized Registries of Deeds. The Statement of Account shall be addressed to the head of LRA-CARP.
   
   
3. LRA-CARP Central Office shall review and validate the Statement of Account using the documents sent from the RoD as well as reports generated using the PHILARIS, and process the same for payment.
   
   
4. Statements of Account shall be settled by LRA-CARP within thirty (30) calendar days from receipt.
   
   
5. All payments due for IT Service Fees shall be paid to LRA, in Manager’s Check, payable to “Land registration Authority — for the Account of PNB Trust Banking Group as Escrow Agent for Trust Account No. 161144TA01”.
   
   
6. LRA shall issue the corresponding Official Receipt for payments received, and deposit the payment to the designated escrow Account.

V. Others

1. This Joint Memorandum Circular may be amended as may be deemed necessary. All amendments shall be made in writing, and shall be jointly-approved by the DAR and LRA.
   
   
2. If any provision of this Joint Memorandum Circular, or application of such provision to any circumstance, is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.
   
   
3. All orders, guidelines, circulars, rules and regulations inconsistent herewith are hereby repealed or amended accordingly.
   
   
4. This Joint memorandum Circular shall take effect immediately upon approval and publication in a newspaper of general circulation.

Adopted: 06 March 2012


 

DEPARTMENT OF AGRARIAN REFORM			LAND REGISTRATION AUTHORITY
By:			By:
	(SGD.) VIRGILIO R. DELOS REYES                Secretary			(SGD.) EULALIO C. DIAZ III           Administrator