Republic of the Philippines DEPARTMENT of AGRARIAN REFORM MEMORANDUM CIRCULAR NO. 18 ——~ SERIES OF 2004 To ‘The Municipal Agrarian Reform Otficers (WAROs) The Provincial Agrarian Reform Officers (PAROs} ‘The Regional Directors (RDs) ‘The Regioral Conters for Land Use Policy and Panning Institute (RCLUPPIs) ‘The Center for Land Use Policy and Planning Insitute (CLUP2)) The Bureau of Agrarian Legal Assistance (BALA) Allolner concemed DAR Oficials and Employees SUBJECT. GLARIFIGATORY GUIDELINES ON THE COVERAGE, ACQUISITION AND DISTRIBUTION OF AGRICULTURAL LANDS SUBJECT OF CONVEYANCE EXECUTED IN VIOLATION OF SEC. 6, PAR 4 OF R.A. NO. 6657, It is the polity of the DAR to acquite and distribute all lands covered by the Comprehensive Agrarian Reform Program (CARP) including those subject of illegal transactions under par. 4, Sec, 6 of R.A. No. 6657 Par. 4, Section 6 specifically provides that upon effectivity of the law, any sale, spositon, lease, management contract or transfer of possession of private lancs executed by {he orignal iandowner in violation of the Comprehensive Agrarian Reform Law (CARL) shall be null and void, However, those transactions executed prior te the enactment ofthe law shall be vatd if regstered with the Register of Deeds within a period of threo (3) months after the effectiuly of the law, or on 13 Seplember 1988, Thereafter. the same paragraph requires all Registars of Deeds to inform the Department of Agrarian Roform (DAR) within thirty (30) days of any transaction involving agricultural lands in excess of ve (5) hectares. In relalion thereto, Sec. 70 also states that SECTION 70. Disposition of Private Agricultural Lands, — The sale or Aisposition of agricutural lands retained by 2 landowner as a consaquence of Section 6 hereof shall be valid as long as the totel landholdings that shall be owned by the transferee thereof inclusive of the land to be acquired shall not exceed the landholding ceilings provided for in thie Ast. Any sale or disposition of agricultural lands after the effectivity of this Ack found {0 be cortrary tothe provisions hereof shall be null and void Transferees of agrisutural lands shall furnish the appropriate Register of Deeds and the BARC an affidavit altesting that his total landholdings as a resutt of the said acquisition co not exceed the landholding ceiling. The Register of Deeds shall not register tho transfer of any agricultural land without the submission of {his swom statement together with proof of service of a copy thoroof to the Oe Elliptical Road, Diliman, Quezon City + Tel. (632) 928-7031 to 39The foregoing are further strengthened by the folowing prohibited acts and omissions under See, 73 SECTION 73. Prohibited Acts end Omissions. — The folowing are prohibited {a) The ‘ownership or possession, for the Purpose of circumventing the provisions of this Act, of agricultural lands in excess of the total retention limits or award cciings by ary person, natural or juridical, except those under collective ownership by farmer-beneficiaries, x00 {e} The sale, transfer, conveyance or change of the nature of lands outside of urben centers and ciy limits either in whole or in part after the effectivity of this Act, The date of the registration of he deed of convoyance in the Regisler of Deeds with respect to tiled lands and the date of the issuance of the tax declaration to the transferee of the Property wih respect lo unregistered lands, as the caso may be, shall bbe conclusive for the purpose of this Ast. Land Registration Authoriy (LRA) Concuttation No, 1876 also provides that ‘Yalkre to Tedjsler a dood of sale exestied before June 15, 1988 on or before September 13, 1989 cy within three (3) menths from the effectivity of RLA. No, 6657 renders the ‘sale Fwaldd and therefore not registrable.” Pottinent administrative issuances/opinions that guide the DAR in dealing with this subject matter include: @ DAR A.O. No. 01-89 (Rules and Procedures Govering Land Transaction); and, b. DAR Memorandum Circular No. 02:01 (Guideines on Annulment of Deeds of Conveyance of Lands Covered by the Comprehensive Agrarian Reform Program (CARP) Executed in Violation of Sec, 6, Par. 4 of R.A. No, 6657), The Land Reghtalion Authority aloo issued Consulta No. 1675 which states that “ithe Fale to regste a deed of sale executed before June 15, 1988 on or before Soptonher 13, {68 or wihin three months fom the effctvty of R.A. 6657 renders the sale invaha' and therefore not rogistrable."- Meanwhile, lands covered under vokinlary offer to sel are treated pursuant to Department of Justice Opinion No. 41 s. 192 vtich elatos that: noo iis believed tha i legally proper fer that Department [DAR] to give clearance for the registration of tiles. or sgricultral propertes | acqured prior to the effectvty of R.A. No, 6687 which were nol (Pastered within the three month period after such effectivty in cases whore seid propetios are voluntarily offered for sale tothat Department for purposes of coverage ‘To strengthen the foregoing measures for purposes of onsurng the coverage, AEustiON, and dstrbution of lands covered by CARP including those subject of legal Transactions, and pursuant to Ses, 49 of R.A, No. 6657 as wel as Secs. 6 & 7, Chapler 2, Beok 'V,E.0. No, 228 the folowing clarfcalory guidelines are hereby promulgated 1. Coverage ~ These rules shall apply o lands subject of Compulsory Acquisiion under DAR Aciminstrative Order No, 2, series of 1896. Lands under Voluntary Offer to Sell (WOS) shall be goveed by Department of Justice Opnion No. 41 (1992)2 I aalion to compliance wth the reglomentay fling periods provided uncer exiting Tules, where appicable, no applostion for exemption, conversion, exclusion, and Petlion te IR CARP coverage, or any ther protest or opposition against CARP Coverage shall bo accepiod if the property involved is a subject of conveyance executed in violation of Sec, 6, par, 4.0f R.A. No, 6657. For this purpose, applean-tansteree who subnitted a cottifod true copy of the ICT of the subject property registered after Seplember 13, 1986 or tax deelsrations after such date must also submit preot thatthe prior conveyance of the aubject land was a valid transaction purouant fo pars, 1-5, IIA, and pars. 1-4, ll=C of DAR AO. 01. Fo Incase of fare to present such proof, the Regional Director, the ROLUPPI, the BALA or the CLUPPI, as the case may be, shall fawward the case fo the MARO and PARO forthe conduct of investigation and fing of petition for annulment of the deed uf conveyance, where proper, before the PARAD pursuant to DAR MC 02.01 Notwithstanding the pendency of the investigation and/or the petition for annulment of deed of conveyance, the DAR shal issue a notice of coverage te both odd and new landowners in arder ‘or the LBP to proceed wit the valuation ofthe property. For this Burpose, the DAR Provincial or Regional Offce and the Land Bank of the Philppines may execute an agreoment for purposes of issuing memorandum of valiation and Certificate of deposit to be hold in trust forthe rightul owners Repealing clause. DAR MC 02-01 is accordingly modified, All other orders, circulars, issuances er parts thereof which are inconsistent with this Memorandum Cireular are hereby revoked, amended, or modified accordingly. Sitist complance is hereby enjoined Diiman, Quezon City, Cla 1 2004 Dye JOBEMARI B. PONCE C-Secretary