ItAI Republic of the Philippines

DEPARTMENT of AGRARIAN REFORM

MEMORANDUM CIRCULAR NO.
Series of 2013

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SUBJECT: Addendum and clarifications to some provisions in MEMORANDUM CIRCULAR No.8,

Series of2010

In order to clarify the requirements of Land Aaquisition and Distribution -Technical Review Committee (LAD­
TRC) in processing the requests of different DARPOs thru the PARCCOMs, to include and deduct certain
landholdings from the official CARPER LAD Balance, this Memorandum Circular is issued to supplement and
clarify selected provisions under DAR Memorandum Circular No.8, Series of2010 entitled Guidelines in the
Treatment, Use, and Updating ofthe PARe Execom-J/,pproved CARPER Land Acquisition and Distribution
(LAD) Balance.

I. INCLUSION OF ADDITIONAL LANDHOLDINGS

Addilionallondholdings is defined ill Sectioll Jl ofMC 8, S. 2010 asfollows:

"Additional landholdings refer to the agricultural landholdings which were not included in the PARC
ExeCom~approved CARPER LAD balance bur whose landownership documents have been secured and
validated after the approval ofthe said LAD balance to merit its inclusion in the said balance through
the updating procedures described herein. These can be categorized into three: (1) distributed LHs
/i'om July 1, 2009 until the effectivity ofthis MC, (2) targetedjor distribution during the remaining
period ofthe current year, and (3) those for acquisitioll and distribution in the succeeding yearls".

In providing the DAR field offices and PARCCOMs sufficient bases in deciding which landholdings
are valid or not valid to be included in the LAD Balance, the following table presents the list of
required documents or instmments according to the mode of acquisition or type of landholdings is
presented:

MODE or ACQUISITION/ TITLED PROPERTIES UNTITLED PROPERTIES

LAND TYPE

Compulsory Acquisition • NOe, • NOC,

• Title • Tax Declaration,
• Approved Survey Plan
• Certification from
DENR-
CENROiPENRO as to
land classification, and
turn~over documents
from RED
• LR<\ Certification that
the property does not
overlap with decreed or
titled property

Voluntary Offer To Sell • Letter Offer, • Letter Offer,

• Title • Tax Declaration
• Certification from
DENR­
CENROIPENRO as to
~.
land classification, and

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Elliptical Road, Diliman, Quezon City· Tel. (632) 928-7031 to 39

 turn-over documents
from RED
• LRA Certification that
the property does not
overlap with decreed or
titled property

Voluntary Land Transfer • Application for VLT • Application for VLT

(Received by DAR (Dated before july 1,
before July 1,2009), 2009),
• Title • Tax Declaration,
• Approved Survey Plan
(From LO)
• Certification from
DENR·
CENROIPENRO as to
land classification, and
tum-over documents
from RED
• LRA Certification that
the property does not
overlap with decreed or
titled property

GF!-Foreclosed Properties • Foreclosure Order • Foreclosure order

(Issued before the (Issued before the
effectiVity of EO 407) effectivity of EO 407)
• DOT (OF! to DAR), • DOT (GF! to DAR),
• Title • Tax Declaration,
• Approved Survey Plan
(From LO)

Landed Estates Administered Deed of Sale from LO to DAR N/A

By Dar
-
Settlement Projects Proclamation Document

GaL Areas Deed of Transfer (EO 448) •

Proc. 2282/KKK • Certification from
PARO/OE that the
parcel is within Proc.
2282
• CENRO Certification
that the parcel was
classified as A & D
~or to March 29,1983
(MC 7, S. 1993)
I
Note: All documents required by the LAD-TRe are photocopies. DO NOT submit original documents.
In case there are additional documents required, the LAD-TRe will issue memorandum-request to
concerned officials to submit the required documents or request the physical presence of the officials
concerned at DARCO to clarify issues with the committee.

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 Further, Sectiou V.D ofMC 8, S. 2010 provides:

"Updating ofthe CARPER File I LAD Balance at lhe DARCO/MIS. Upon receipt ofthe
approved PARCCOM Resolution, the DARPO-PMEU shallfonvard an etectronic copy ofthe encoded
list oflandholdings for data processing al the MIS"

To this end, MIS shall ascertain that the landholdings to he included are encoded in the LAD-CARPER
Balance Database, and endorse the same to the BLAD for review. PARCCOM Resolution Numhers
must be encoded in the appropriate column in the landholding database for quick referencing and
validation. In case of non-submission of the electronic copy of the encoded list of landholdings with
corresponding PARCCOM Resolution Numher, the MIS shall call the attention of concerned PMEUs
thm email or telephone.

rI. TAGGING LANDHOLDINGS INCLUDED IN THE LAD CARPER BALANCE DATABASE AS

"DEDUCTIBLES" OR "DEDUCTED"

Deductible Landholdings is defined in Section II ofMC 8, S. 2010 asfollows.·

Deductihie Landholding "refers to the agricultural landholdings which were included in the
PARC EJ<eCom-approved CARPER LAD balance but have beenfound to be deductible during the Pre­
DC! conducted by DARMo. The MARO shall recommend/request to this effect. "

The term "Landholdings for Deduction is likewise defined under the said Memoradum Circular, as
follows:

Landholdingsjar deduction are those ngricul/urallandholdings which are listed in the PARe
ExeCom-approved CARPER LAD balance but have been found 10 be entirelyexcluded/exemptedfrom
the LAD component ofthe CARP as evidenced byfinal and executory decisions/orders/rom the
appropriate gO~'ernmenl entity.

In this connection, Section V of MC 8, S. 20l0states,

"DARMO shall submil a memorandum to DARPO requestingfar deduction oflandholdings
from the LtD Balance determined during the Pre-OCI activities. The supporting official documents of
deductible... shall be attached"

"The DARRO shall submit a memorandum to DARPOfor deduction oflandholdings from the LAD
Balance with Ihe supporlingevidence/s ofdeduction (i.e., order o/retentfon, exemption, exclusion,
conversion) ".

From the foregoing, the said landholdings shall remain in the LAD CARPER Balance tagged as
"deductibles", unless supporting documents for deduction are submitted AND officially approved by the LAD
IRe. To guide the concerned offices in the determination of the "supporting documents," the list of valid
reasons for deduction (with LAD CARPER Deduction Codes) and the documents requi,ed by the LAD-TRC to
effect approval of the requests are hereby enumerated:

REASON FOR I DEDUCTION Code LAD-TRC REQUIRED LEGAL BASES

DEDUCTION DOCUMENTS

Above 18% slope COl

• CENRO Certification that • Section 10 RA
undeveloped
the whole landholding is 6657 as
located within an 18% amended
Slope
• MARO's Certification
that Landholding is
Undeveloped before June
I 15,1988

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,

Watershed; national park CO2 • CENRO Certification that • Section 10 RA

whole landholding is 6657 as
within a watershed area amended
andlor national park
Timberland; unclassified cm • CENRO Certification (for • CA 141
public forest areas below 50 has.) or
• PENRO certification (for
areas 50 has. & above)
Rivers; swampy C04 • CENRO Certification that • Section 10 RA
subject area is within 6657 as
swampy area or within amended
the river
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Used for infrastructures COS • Tax Declaration issued • DOJ Opinion
before June 15, 1988 No 44
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Eroded C06 • DAIMAO Certification • AO 3 S 2012
(for suitability) and
• MARO's Certification
Silted; rocky C07 • DA/MAO Certification • AO 3 S 2012
(for suitability)
• MARO's Certification
Zonified areas prior to 1988 C08 • Deputized Zoning • DOJ Opinion
except P027 lands; built-up Administrator No 44
zone; industrial zone; Certification;

residential area/homelots; • Order of Conversion

school expansion

Legally converted landS/With C09 • Order of Conversion with • AO 12002

Order of Conversion Finality

Illegally converted lands CIO • Court Decision • AO 1 2002

(otherwise, part of LAD
Balance)
With Order of Retention CIJ • Order of Retention with • AO 3 S 2003;
Finality AO 7 2011

With Order of CI2 • Order of • DOJ OPINION

ExemptionlExclusion; ExemptionJExclusion 44
devoted to livestock; with Finality • Section 10 RA
fishpond; quarrying zone; 6657 as
pasture land amended

EO 407/448 landholdings C13 • Deed of Reconveyance or • A09S1997as

found to be not coverable; for Letter of Rescission amended
reconveyance

A & D lands classified after

1984 unless proclaimed as .
C14 • Certification of • DAR-DENR
CENROIPENRO that the Joint MC No.
Settlement area or under LH was classified as A & 2003·1
litigation D on or before December
4,1972
Road lots Ct5 • Approved Survey Plan • DOJ Opinion
Indicating the subject lot

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 as "ROAD" No 44

LO bas manifested intention C16 • Order of retention • AO 3 s. 2003

to exercise right of retention. • A07s.2011
Use this code if the subject
LH is part of the aggregate
LHs of 0 LO who has
indicated to retain in the LO's
Reply to NOC.

LO's died before 1988 alld C18 • LO's dea1h certificate. • AO I, 1989
the beirs have submitted Extra Judicial Settlement • AO 3, S. 2003
manifestation to file of Estates & Assessor's • AO 7, 2011
application for retention. certification on the total
aggregate area of the
heir/so
Cancelled titles prior to June C22 • Copies of Titles (both the • AO I, 1989
IS, 1988. These refer to LHs cancelled & active titles) • AO 3, S 2012
which current and cancelled
titles were both captured in
the database.

Lands for public use , C24 • Deed of Conveyance • RA 9700

Handog Titulo issued after C25 • Copy of Title/patent • AO 7 S. 2011

June IS, 1988/Issued with issued after June 15,
Homestead Patent & original J 988; Copy of patent &
homesteaderlhcir is still the MARO's certification
actual occupant/cultivator

Untitled Private Agricultural C27 • For DOJ Opinion; • DOJ OPINION

Lands (UPALs) above 12 Meantime, considered as 100 S 2012
bectares under problematic until
issue is finally resolved
• FOR CLARIFICATION
BY SPECIAL
TECHNICAL TEAM OF
DARANDDENR
VLT 5 bectares and below C28 • Order of Disapproval by • A07,S2011­
disapproved by the Regional RD
Director (RD)

Landholding cannot be C29 • DENR certificalion as to • AO 3 S 2012

located on the ground the correct technical
description; Assessor
Certification as to the
correct projection

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Moreover, landholdings can be tagged as "deducted" without the need of supporting document/proof under the
following justifications, which the MIS shall validate:

Cl9 'Distributed before CARPER (July I, 2009)

C20fC21fC23 Duplicate record in LAD CARPER DATABASE (FOFILE I)

C26 Aggregate landboldings with area 5 hectares and below

Important: Entire landholdings must be deducted, othelwi,c, landholdings will be subjected to the
LAO Process and those portions to be deducted will be regarded as "non-carpabJe area" in the LAD CARPER
database (Section II ofMC 8, S 2010, Definition of terms: Non-carpable areas). As much as practicable, tilled
properties with more than one Jot shall be processed under one claim or documentation folder.

Under this Memorandum Circular, the abovementioned requirements shall form part of the PARCCOM
resolutions as supporting documents for requests for inclusion and/or deduction. For requests for deduction
and/or inclusion already submitted to the LAD-TRC prior to this memorandum circular, the PAROs shall ensure
that the supporting documents are authentic and validated and submitted to the LAD-TRC, copy furnished the
PARCComs,

IV. EFFECTIVITY

This Memorandum Circular takes effect immediately and supersedes/amends other issuances
inconsistent herewith.

'~PR 25 2013, Diliman Quezon City

~
V
ecretary
.

DepaJ1menl 01 Agrarien Reform

IIIIU 1111""~'!ll1IrRlimli1'~rl~1II111
',Ie - 13-06221

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