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(NAR) VOL. 22 NO. 3, JULY - SEPTEMBER 2011
[ DAR MEMORANDUM CIRCULAR NO. 06, S. 2011, July 15, 2011 ]
CLARIFICATORY GUIDELINES ON THE IMPLEMENTATION OF THE LAND ACQUISITION AND DISTRIBUTION PHASING UNDER REPUBLIC ACT 9700
Section 5 of the CARPER Law (Republic Act No. 9700)1 revised the phasing schedule of land acquisition and distribution (LAD) provided under Republic Act No. 6657. This Memorandum Circular is issued to guide field implementers in the proper application of the phasing schedule under Section 5, R.A. No. 9700, amending Section 7 of R.A. No. 6657, as it applies to titled private agricultural lands, as well as untitled private agricultural lands (UPALs).
I. STATEMENT OF POLICY
Agrarian reform is a constitutional mandate to distribute ownership of land to landless tillers and farmers. This constitutional duty of the government subsists as long as the fundamental law of the land is in force and remains unchanged. In relation to this mandate, it is the policy of the Department of Agrarian Reform (DAR) to complete at the earliest possible time the acquisition and distribution of all remaining unacquired and undistributed agricultural lands prioritizing the large and/or aggregate landholdings on or before June 30,2014.
II. COVERAGE
These rules shall apply to any and all land acquisition and distribution activities by the DAR beginning on July 1, 2009.
III. PHASING SCHEDULE
The phasing schedule of LAD under Section 7 of RA 6657, as amended, is as follows:
For purposes of this Memorandum Circular, the term "large single lands" cover those with an area of twenty-four (24) hectares or more, whether titled or untitled. On the other hand, the term "aggregate iandholdings" refer to several parcels of land, whether titled or untitled, that are owned by one landowner or co-owned by the same group of landowners.
The first batch (Phase 1 and Phase 2-A) of large single lands, whether titled or untitled, with an area of twenty-four (24) hectares and above, with or without an NOC, shall be covered immediately upon effectivity of RA. No. 9700 (July 1,2009), the implementation of which should be completed by June 30, 2012. The principal consideration in determining the phase for large single lands, whether titled or untitled, is the area or hectarage thereof, and not the issuance of NOC. Thus a single titled or untitled land with an area of above 50 hectares shall be under Phase 1, while a single titled or untitled parcel of land with an area of 24 to 50 hectares shall be under Phase 2-A.
On the other hand, in the case of the first batch of large aggregate Iandholdings, where the total area thereof is greater than 24 hectares, the issuance or non-issuance of the NOC on or before December 10, 2008 shall serve as the basis to determine under which phase they will fall. As a general rule, in order for the aggregate landholding to be covered under a particular phase, all of the lands comprising said landholding must have been subjected to NOCs, except when one of the component single lands thereof will nevertheless qualify on its own under Phase 1 or Phase 2-A , as the case may be, in which case, said component single land shall be covered under that particular phase to the exclusion of all the other "non-qualifying" component lands of the aggregate landholding.
IV. SPECIAL CASES
A. In the event a landowner has an aggregate landholding with a total area in excess of twenty-four (24) hectares, but where only some of the lands were subjected to NOCs, and were one of the lands has an area of above twenty-four (24) hectares, said land, need note combined with the other parcels as it can qualify on its own under Phase I or Phase 2-A depending on its size, whether with or without an NOC issued as of December 10, 2008.
B. In cases where one or more co-owners of an aggregate landholding have hot been subjected to an NOC, but the other co-owner/s have been issued such NOCs, and assuming the total area of each co-owner's share is more than twenty-four (24) hectares, the said landholding shall likewise fall under Phase I and/or Phase 2-A, as the case maybe.
V. NOTICE OF COVERAGE
As a general rule, all private and public agricultural lands are considered covered under the Comprehensive Agrarian Reform Program (CARP) starting on June 15,1988. Hence, the issuance of an NOC is a formal notice to the landowner that the land acquisition process of his/her/its particular agricultural landholding has commenced.
Agricultural landholdings which have not yet been issued NOCs can be issued NOCs at any time, even for Phase 2-B and Phase 3-A, starting July 1, 2009.
VI. ISSUANCE OF NOCs
The concerned Provincial Agrarian Reform Officer (PARO) is hereby directed to issue NOCs to owners of private agricultural lands, as well as to all claimants, if any, of all private (including UPALs) agricultural lands with an area above 5 hectares.
In the event that the title of a particular parcel of land as of June 15, 1988 covers an area above 5 hectares but was subsequently divided into several titles without the approval by the DAR, the subject parcel of land to be covered by the CARP shall be subjected to an NOC in the name of not only the owner indicated in the title as of June 15, 1988, but also of all the subsequent tranferees, assignees, or substitutes thereof.
VII. DECLARATION OF PRIORITY LAND REFORM AREAS
The Provincial Agrarian Reform Coordinating Council (PARCCOM) may recommend that a declaration be issued that its province is a 'priority land reform area'. Such recommendation shall be approved either by Presidential Agrarian Reform Council (PARC) or the PARC Executive Committee, conformably with PARC Executive Committee Order No. 1, series of 2009. If a province is declared as a 'priority land reform area the province may proceed to the next phase except for Phase 3B which must commence only on July 1,2013.
VIII. EFFECT OF FAILURE TO FINISH LAD FOR PARTICULAR PHASE
Notwithstanding the failure to complete the acquisition and distribution (LAD) of all the lands covered or falling under a particular phase and to meet the LAD target thereof, the PARO may nevertheless continue the process and expedite the completion of all pending LAD activities for the said Phase simultaneously with those for the current previous ones.
In cases of co-ownership of a large single parcel of land or of an aggregate landholding, where the share therein of one co-owner is less than twenty-four (24) hectares, said share shall be segregated for proper phasing, which shall be undertaken simultaneously with the conduct of the CARP subdivision and segregation survey, subject to the submission of the co-owners' Deed of Partition.
C. Failure of an aggregate landholding to meet the total area of above twenty-four (24) hectares due to the non-issuance of NOCs to some parcels of land shall result in its being categorized as falling under Phase 2B, provided the size of any component parcel of land thereof subjected to NOCs do not already qualify said component parcel as a large single land under Phase 1 or Phase 2-A.
To illustrate, where a portion of a landowners' aggregate landholding with a total area of twenty (20) hectares was subjected to NOCs on the one hand, while the other aggregate portion thereof with a total area of forty (40) hectares on the other hand has not been subjected to an NOC, his entire aggregate landholding of sixty (60) hectares will obviously not qualify under Phase I (as not all of the component lands thereof have been subjected to NOCs), but shall fall under Phase 2-B considering that 40 hectare portion thereof without any NOC outrightly qualifies therefor. (The same conclusion may be actually be reached by first taking into account the other 20 hectare portion subjected to NOCs, as the same, taken together with the 40 hectare portion without NOCs, satisfy the criteria of Phase 2- B of "aggregate landholdings in excess of twenty-four (24) hectares").
In the above example, if the aggregate landholding consists of several parcels of land with a total area of twenty (20) hectares subjected to NOCs on the one hand, and a single parcel of 40 hectares without an NOC on the other, the 20 hectare portion of said aggregate landholding will fall under Phase 3A due to their combined size, but the 40 hectare land will immediately fall under Phase 2-A.
D. The law does not make a distinction for Phase 3-A as to whether or not a single land or an aggregate landholding has been subjected to an NOC. Hence, all remaining private agricultural lands, with or without NOCs, shall be combined or aggregated, and those totaling more than ten (10) hectares but less than twenty-four (24) hectares shall fall under this phase. The documentation of the excess of ten (10) hectares shall begin on July 1, 2012 and end on June 30, 2013.
E. The coverage under the agrarian reform program of all alienable and disposable untitled private agricultural lands (UPALS) in excess of five (5) hectares, which are deemed private agricultural lands under the Free Patent Law, are under the jurisdiction of the DAR pursuant to Joint DENR-DAR Memorandum Circular No. 2003-01, Series of 2003, and can likewise be covered subject to the phasing schedule and priorities provided by Section 5 of R.A. No. 9700.
IX. EFFECT OF FAILURE TO FINISH LAD BY JUNE 30, 2014
The process of acquisition and distribution for landholdings which were issued or subjected to NOCs on or before June 30, 2014 shall continue even after the said date until said lands have been awarded to qualified farmer-beneficiaries.
Adopted: 15 July 2011
(SGD.) NARCISO B. NIETO
Undersecretary
(SGD.)ATTY. ANTHONY M. PARUNGAO
Undersecretary
1 Specific provisions of Section 5, RA 9700 are shown in Annex A.
I. STATEMENT OF POLICY
Agrarian reform is a constitutional mandate to distribute ownership of land to landless tillers and farmers. This constitutional duty of the government subsists as long as the fundamental law of the land is in force and remains unchanged. In relation to this mandate, it is the policy of the Department of Agrarian Reform (DAR) to complete at the earliest possible time the acquisition and distribution of all remaining unacquired and undistributed agricultural lands prioritizing the large and/or aggregate landholdings on or before June 30,2014.
II. COVERAGE
These rules shall apply to any and all land acquisition and distribution activities by the DAR beginning on July 1, 2009.
III. PHASING SCHEDULE
The phasing schedule of LAD under Section 7 of RA 6657, as amended, is as follows:
Schedule
Phases
Starting July 1 2009 to June 30, 2012
> All large single private agricultural lands and above fifty (50) hectares, with or without Notice of Coverage
> All large aggregate private agricultural lands of landowners with a total area greater than 50 hectares with Notice of Coverage (NOC) as of Dec. 10, 2008
> All P.D. 27 lands (rice and corn lands), regardless of size
>All idle or abandoned agricultural lands, regardless of size
>All lands offered under Voluntary Offer to Sell (VOS), regardless of size
>Lands covered by Voluntary Land Transfer (VLT) submitted as of June 30, 2009
> Government Financial Institutions (GFI)-foreclosed lands, regardless of size
> PCGG-acquired lands, regardless of size
> All other government-owned alienable and disposable public agricultural lands, regardless of size
> All remaining large single private agricultural lands with an area of 24 to 50 hectares, with or without NOC
> All large aggregate private agricultural lands with a total area of above 24 to 50 hectares, with NOC as of December 10, 2008
> All alienable and disposable public agricultural lands, regardless of size
Starting July 1, 2012 to June 30, 2013
>All remaining PALs of landowners with an aggregate area in excess of 24 hectares, with or without NOC;
> All alienable and disposable public agricultural lands, regardless of size
> All PALs with an aggregate area of above 10 hectares up to 24 hectares, with respect to the excess above 10 hectares;
> All alienable and disposable public agricultural lands, regardless of size
Phase 3-B
Starting July 1, 2013 up to June 30, 2014 > All PALs with an aggregate area from above 5 hectares up to 10 hectares, with respect to the excess above 5 hectares
> All alienable and disposable public agricultural lands, regardless of size
For purposes of this Memorandum Circular, the term "large single lands" cover those with an area of twenty-four (24) hectares or more, whether titled or untitled. On the other hand, the term "aggregate iandholdings" refer to several parcels of land, whether titled or untitled, that are owned by one landowner or co-owned by the same group of landowners.
The first batch (Phase 1 and Phase 2-A) of large single lands, whether titled or untitled, with an area of twenty-four (24) hectares and above, with or without an NOC, shall be covered immediately upon effectivity of RA. No. 9700 (July 1,2009), the implementation of which should be completed by June 30, 2012. The principal consideration in determining the phase for large single lands, whether titled or untitled, is the area or hectarage thereof, and not the issuance of NOC. Thus a single titled or untitled land with an area of above 50 hectares shall be under Phase 1, while a single titled or untitled parcel of land with an area of 24 to 50 hectares shall be under Phase 2-A.
On the other hand, in the case of the first batch of large aggregate Iandholdings, where the total area thereof is greater than 24 hectares, the issuance or non-issuance of the NOC on or before December 10, 2008 shall serve as the basis to determine under which phase they will fall. As a general rule, in order for the aggregate landholding to be covered under a particular phase, all of the lands comprising said landholding must have been subjected to NOCs, except when one of the component single lands thereof will nevertheless qualify on its own under Phase 1 or Phase 2-A , as the case may be, in which case, said component single land shall be covered under that particular phase to the exclusion of all the other "non-qualifying" component lands of the aggregate landholding.
IV. SPECIAL CASES
A. In the event a landowner has an aggregate landholding with a total area in excess of twenty-four (24) hectares, but where only some of the lands were subjected to NOCs, and were one of the lands has an area of above twenty-four (24) hectares, said land, need note combined with the other parcels as it can qualify on its own under Phase I or Phase 2-A depending on its size, whether with or without an NOC issued as of December 10, 2008.
B. In cases where one or more co-owners of an aggregate landholding have hot been subjected to an NOC, but the other co-owner/s have been issued such NOCs, and assuming the total area of each co-owner's share is more than twenty-four (24) hectares, the said landholding shall likewise fall under Phase I and/or Phase 2-A, as the case maybe.
V. NOTICE OF COVERAGE
As a general rule, all private and public agricultural lands are considered covered under the Comprehensive Agrarian Reform Program (CARP) starting on June 15,1988. Hence, the issuance of an NOC is a formal notice to the landowner that the land acquisition process of his/her/its particular agricultural landholding has commenced.
Agricultural landholdings which have not yet been issued NOCs can be issued NOCs at any time, even for Phase 2-B and Phase 3-A, starting July 1, 2009.
VI. ISSUANCE OF NOCs
The concerned Provincial Agrarian Reform Officer (PARO) is hereby directed to issue NOCs to owners of private agricultural lands, as well as to all claimants, if any, of all private (including UPALs) agricultural lands with an area above 5 hectares.
In the event that the title of a particular parcel of land as of June 15, 1988 covers an area above 5 hectares but was subsequently divided into several titles without the approval by the DAR, the subject parcel of land to be covered by the CARP shall be subjected to an NOC in the name of not only the owner indicated in the title as of June 15, 1988, but also of all the subsequent tranferees, assignees, or substitutes thereof.
VII. DECLARATION OF PRIORITY LAND REFORM AREAS
The Provincial Agrarian Reform Coordinating Council (PARCCOM) may recommend that a declaration be issued that its province is a 'priority land reform area'. Such recommendation shall be approved either by Presidential Agrarian Reform Council (PARC) or the PARC Executive Committee, conformably with PARC Executive Committee Order No. 1, series of 2009. If a province is declared as a 'priority land reform area the province may proceed to the next phase except for Phase 3B which must commence only on July 1,2013.
VIII. EFFECT OF FAILURE TO FINISH LAD FOR PARTICULAR PHASE
Notwithstanding the failure to complete the acquisition and distribution (LAD) of all the lands covered or falling under a particular phase and to meet the LAD target thereof, the PARO may nevertheless continue the process and expedite the completion of all pending LAD activities for the said Phase simultaneously with those for the current previous ones.
In cases of co-ownership of a large single parcel of land or of an aggregate landholding, where the share therein of one co-owner is less than twenty-four (24) hectares, said share shall be segregated for proper phasing, which shall be undertaken simultaneously with the conduct of the CARP subdivision and segregation survey, subject to the submission of the co-owners' Deed of Partition.
C. Failure of an aggregate landholding to meet the total area of above twenty-four (24) hectares due to the non-issuance of NOCs to some parcels of land shall result in its being categorized as falling under Phase 2B, provided the size of any component parcel of land thereof subjected to NOCs do not already qualify said component parcel as a large single land under Phase 1 or Phase 2-A.
To illustrate, where a portion of a landowners' aggregate landholding with a total area of twenty (20) hectares was subjected to NOCs on the one hand, while the other aggregate portion thereof with a total area of forty (40) hectares on the other hand has not been subjected to an NOC, his entire aggregate landholding of sixty (60) hectares will obviously not qualify under Phase I (as not all of the component lands thereof have been subjected to NOCs), but shall fall under Phase 2-B considering that 40 hectare portion thereof without any NOC outrightly qualifies therefor. (The same conclusion may be actually be reached by first taking into account the other 20 hectare portion subjected to NOCs, as the same, taken together with the 40 hectare portion without NOCs, satisfy the criteria of Phase 2- B of "aggregate landholdings in excess of twenty-four (24) hectares").
In the above example, if the aggregate landholding consists of several parcels of land with a total area of twenty (20) hectares subjected to NOCs on the one hand, and a single parcel of 40 hectares without an NOC on the other, the 20 hectare portion of said aggregate landholding will fall under Phase 3A due to their combined size, but the 40 hectare land will immediately fall under Phase 2-A.
D. The law does not make a distinction for Phase 3-A as to whether or not a single land or an aggregate landholding has been subjected to an NOC. Hence, all remaining private agricultural lands, with or without NOCs, shall be combined or aggregated, and those totaling more than ten (10) hectares but less than twenty-four (24) hectares shall fall under this phase. The documentation of the excess of ten (10) hectares shall begin on July 1, 2012 and end on June 30, 2013.
E. The coverage under the agrarian reform program of all alienable and disposable untitled private agricultural lands (UPALS) in excess of five (5) hectares, which are deemed private agricultural lands under the Free Patent Law, are under the jurisdiction of the DAR pursuant to Joint DENR-DAR Memorandum Circular No. 2003-01, Series of 2003, and can likewise be covered subject to the phasing schedule and priorities provided by Section 5 of R.A. No. 9700.
IX. EFFECT OF FAILURE TO FINISH LAD BY JUNE 30, 2014
The process of acquisition and distribution for landholdings which were issued or subjected to NOCs on or before June 30, 2014 shall continue even after the said date until said lands have been awarded to qualified farmer-beneficiaries.
Adopted: 15 July 2011
Undersecretary
(SGD.)ATTY. ANTHONY M. PARUNGAO
Undersecretary
1 Specific provisions of Section 5, RA 9700 are shown in Annex A.