PARC EXECUTIVE COMMITTEE MEMORANDUM CIRCULAR NO.01 SERIES OF 2006 TO
ALL CONCERNED OFFICIALS AND
PERSONNEL OF THE DAR, LBP, DENR, LRA AND BSP
SUBJECT IMPLEMENTING RULES AND REGULATIONS
GOVERNING THE AUTHENTICATION AND VERIFICATION OF CERTIFICATES OF TITLE FOR CARP COVERAGE IN THE PROVINCES OF NORTH COTABATO, SULTAN KUDARAT AND LANAO DEL NORTE. I. PREFATORY STATEMENT Pursuant to the Presidential Agrarian Reform Council (PARC) Executive Committee Resolution No.2003-91-02 and in order to further strengthen the operating procedures on and to ensure uniformity in the authentication and verification of certificates of Title, this implementing rules and regulations (IRR) are hereby issued to achieve the following objectives: 1. To safeguard the interest of the Government; 2. To provides standard procedures in the implementation of various policies and completion of documentary requirements in the authentication/verification/validation of certificates of title; 3. To serve as guidelines for CARP implementers for the Provinces of North Cotabato, Sultan Kudarat and Lanao del Norte;and 4. To answer the basic information needs of stakeholders (the landowners , agrarian reform beneficiaries (ARBs) as well as the general public ) who are directly affected by CARP and in one way or another are concerned with its implementation. II. COVERAGE This IRR shall apply to the agricultural lands covered under PD 27/ EO228 and EO229/ RA 6657 which are located in barangays in the Provinces of North Cotabato, Sultan Kudarat and Lanoa del Norte where fake or irregularly issued titles are discovered in the barangays not listed in Annex A, all titles in such barangays shall automatically covered by this IRR. This however, does not preclude DAR, LBP, DENR AND LRA from subjecting to coverage of this IRR any title covering a property in a barangay not covered by this guidelines if there exists any reasonable ground to doubt the authenticity and regularity of issuance of the said title. A written recommendation on the matter by any of the concerned field officials of DAR, LBP, DENR OR LRA shall be forwarded to DAR Central Office- Bureau of Land Acquisition and Distribution (DARCO-BLAD) for appropriate action.
For titles outside of Annex A but located within the Provinces of
North Cotabato, Sultan Kudarat and Lanao del Norte, the duly certified ROD, photocopies of all the preceding transfer certificates of Title of the subject property down to OCT, shall be attached to the claim folder. Further, the original owners duplicate copy/ies (ODCs) of certificates of Title duly stamp FOR COVERAGE UNDER CARP at the back of the Title and signed by the Register of Deeds shall be required. The signature of the ROD shall be verified by the LBP AOC concerned upon receipt of the claim and the Title. III. PROCEDURES 1. The DAR Provincial Office (DARPO) in the Provinces of North Cotabato, Sultan Kudarat and Lanao del Norte shall transmit to DARCO-BLAD two (2) sets (except item 1.1 below) of the following: 1.1
The original ODCs of certificates of Title duly stamp
FOR COVERAGE UNDER CARP at the back of the Title and signed by the Register of Deeds (ROD). The signature of the ROD shall be verified by the LBP AOC concerned upon receipt of the folder and the Title;
1.2
Photocopy of the original copy of the Title on file with
the ROD of the subject landholding duly certified by the concerned ROD or his/her deputy;
1.3
Duly certified ROD-photocopy of the original
certificate of Title and all the preceding transfer certificates of title down to the OCT of the subject property. In case of OCT/Patent issued in 1978 and succeeding years by the then DENR field official concerned (DLO/PENRO/RED), a certification from the current DENR official concerned as to the existence of the records of such OCT/Patent must be submitted. The name of Patentee, Patent application Number, date of patent application and issuance, patent number, lot number, survey plan number, location, area, and other data relevant to the administrative grant/issuance of Patent should tally with the date reflected in the title;
1.4
Certification from the DENR Regional Office
concerned that the subject property does not overlap with previously surveyed and approved, and patented property, and
1.5
DENR Regional Office certified geographic position of
the tiepoint or reference point of the subjected property, certified updated cadastral map or approved survey plan of the property, and certification as to the land classification and location of subject property, including LC map number and
date thereof. In case where the approved survey plan
is not available, the certified lot/technical description of the property shall be submitted.
2. The DARCO-BLAD shall for Titles printed in May 1984 and
5. The DARCO-BLAD shall forward the documents enumerated in item III.I to the DARCO Bureau of Land Development (BLD) and the latter shall refer to the DAR-Secretary the titles which upon projection are found to be along the borderlines or boundary lines of forestlands/timberlands, national parks or similar inalienable lands of the public domain for re-verification and re-confirmation by the National Mapping and Resources Information Authority (NAMRIA) as to its land classification status. The NAMRIA shall issue the appropriate certification thereafter. 6. The LRA shall conduct the appropriate verification and issue certification based on its records pursuant to its internal rules and procedures on the matter as follows: 6.1
The existence of ordinary land registration case and
cadastral proceedings for judicially issued titles. The lot number location of the property, LRC/GLRO/LRA record number, case and decree number, date of issuance of decree, name of adjudicate, cadastral case and cadastral record number and the area tally with data as reflected in the title;
6.2
The subject property does not overlap with other
titled/decreed properties;
6.3
For all OCTs, except those administratively issued, and
for all TCTs, that the serial number on the judicial form was issued to and receive by the ROD of the province/city where thew property is located; and
6.4
For titles printed in May 1984 and succeeding years,
LRA shall issue a certification on its findings as to whether or not the titles were regularly issued.
7 The DENR-LMB following;
shall
verify/certify
from
its
records
the
7.1 For administratively issued land patents/titles in 1972
and earlier a certification as to the existence of records of the subject patent. The name of Patentee, Patent application Number, date of patent application and issuance, patent number, lot number, survey plan number, location, area, and other data relevant to the administrative grant/issuance of Patent should tally with the date reflected in the title. In the absence of such records, the DENR-LMB shall issued