Homestead Patent

Republic of the Philippines
DEPARTMENT of AGRARIAN REFORM

EllJPTlCAL ROAD. DIUMAN. QUEZON Cm' • TELS. 928-7031 TO 39
MEMORANDUM CIRCULAR NO. 0.(
Series of 2014.
TO All Officials and Personnel of the DAR and
Others Concerned
SUBJECT Clarificatory Guidelines Governing the Acquisition of
Agricultural Lands Covered by Homestead Patents
Under the Comprehensive Agrarian Reform Program
I. Prefatory Statement
Republic Act (RA) No. 6657. otherwise known as the Comprehensive Agrarian
Reform Law '(CARL), as amended by RA No. 9700, covers all agricultural land
regardless of tenurial arrangement and commodity produced.
Section 6 of RA No. 6657, as amended, provides that original homestead
grantees or their direct compulsory heirs who still own the original homestead as
of June 15, 1988 shall retain the same areas as long as they continue to cultivate
said homestead. Further, it provides that in all cases, the security of tenure of the
farmers or farmworkers on the land prior to June 15, 1988 shall be respected.
Moreover, Section 22 (Qualified Beneficiaries), paragraph 2 of RA No. 6657, as
amended, contains the following proviso:
"XXX XXX xxx
Provided, however, that the children of landowners who are qualified under
Section 6 of this Act shall be given preference in the distribution of the land of
their parents; And provided further, that actual tenant-tillers in the landholding
shall not be ejected or removed therefrom". (Emphasis supplied)
In view of the continuing and evolving concerns in the implementation of CARP,
this Memorandum Circular (MC) ;s being issued to clarify and provide uniform
documentation procedures in the acquisition and distribution of agricultural land
covered by Homestead Patents under the CARP.
II. Applicability
This MC applies to agricultural landholdings (LHs) covered by Homestead Patents
which were issued Notices of Coverage or Letters of Acceptance,as the case may
be.
III. Definition of Terms
For the purpose of this MC, the following terms are defined:
1. Homestead- refers to a grant of public land to persons seeking to establish
and maintain agricultural homes on condition of actual, continuous, and
personal occupancy of the area as a home including cultivation and
improvement of the land (as defined in the DENR's Manual for Land
Disposition).
2. Homestead Patent (HPJ -isDeed of Conveyance issued by the government
of the Philippines pursuant to Commonwealth Act No. 141to a qualified
Philippines citizen, over 18 years of age or the head of a family, who is not the
owner of more than twenty-four (24) hectares of land in the Philippines, or has
not had the benefit of any gratuitous allotment of more than twenty-four (24)
hectares of land since the occupation of the Philippines by the United States.
3. Original Grantee - is the person who applied for and was awarded a
homestead patent of Original Certificate of Title (OCT) over a parcel of public
agricultural land.
4. Direct Compulsory Heir - refers to the surviving spouse, or the children and
descendants, or illegitimate children of the original homestead grantee. In the
absence of all the foregoing persons, the surviving parents of the original
homestead grantee shall be considered as direct compulsory heir.
IV. Guidelines
1. As a matter of policy, agricultural LHs covered by Homestead Patents (HPs)
can be acquired under CARP if the same are voluntarily offered for sale to the
government for the distribution to qualified farmer beneficiaries.
2. However, LHs covered by HP can be acquired under CARP through
compulsory acquisition if:
2.1 the same is no longer owned or cultivated by the original grantee or
his/her compulsory heirs; or .
2.2 the landowner (LO) or original grantees have already died or can no
longer be found, and the direct compulsory heirs are also found not to be
cultivating the land, nor are interested in farming, or no one among the
heirs of the LO/original grantee can be found.
3. To strengthen the documentation of the land acquisition process, the following
documents are required:
3.1 For LHs covered with HPs, and the LO or the original homestead grantee
is no longer occupying the area but is still alive and has compulsory heirs,
the LO grantee shall execute an Affidavit that he/she is not in the area
and is no longer interested in tilling the land, and that hislher heir/s is/are
not cultivating the same (HP Form No.1).
In the absence of the above, a Certification from the BARC or Barangay
Chairperson that the LO or his compulsory heir/s is/are no longer in the
area and/or not cultivating the land (HP Form No.2) shall be needed.
3.2 For LHs with deceased LOs-Grantees with no known direct compulsory
heirs:
1. Joint Affidavit of farmers that they are not related by blood to the LO-
Grantee. and that they have been cultivating the area for a specific
number of years (HP Affidavit Form No.3); and
2. Certification from the BARC or Barangay Chairperson of their personal
knowledge of the LO and the farmers presently tilling the land (HP
Form No.2).
3.3 For LHs with deceased LOs with known heirs:
1. Affidavit of Waiver of Rights of Heirs of Deceased LO-Grantee In Favor
of tenant-Farmer/s (HP Form No.4); and
2. Affidavit of Waiver of Rights of Heirs of Deceased LO-Grantee In Favor
of Present Owner/Buyer (HP Form No.5).
In the absence of the above, a Certification from the BARC or Barangay
Chairperson that the heir/s of the deceased LO is/are not cultivating the
land (HP Form No.2) shall be required.
4. Thereafter, the land acquisition and distribution (LAD) process shall
proceed
pursuant to AO No.7, Series of 2011, as amended, and other pertinent
gUidelines.
V. Suppletory Application
This MC supplements DAR MC No. 04, Series of 1991.
VI. Effectivity.
This MC takes effect immediately.
Diliman, Quezon City NOV 1 0 201,.
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VIRGflJP;¥'~los REYES
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Department 01 Agrarian Relorm I
III II 1111 1111111I1l111\ilillliillnllllll 1111
/I;lol1c>l~ ISU-14-08332~
HP Form No.1
Republic of the Philippines )
Province of )5.5
Municipality/City of )
X --- ------------- -. ------ X
LANDOWNER'S AFFIDAVIT
I, (LO's name) of legal age, Filipino,
single/married/widow/widower, and a resident of
under oath, hereby depose and say:
1. That I am the registered owner of a certain parcel of land embraced by
Title No.
denominated as Lot No. containing an area of
hectares and located at
2. That I have never cultivated nor directly managed the above-mentioned
parcel of land long
before the effectivity of the Comprehensive Agrarian Reform Program (CARP)and
up to
present, due to the fact that the same is tilled or cultivated by my
tenants/farmworkers/tillers;
3. That I have no interest and capability to cultivate or till said parcel of land
for the fact that I
presently live and have settled with my family in
---=c--------------' where 1 have already established my
source of living;
4. That due to my absence therein for a long time, I entrusted my landholding
to my
tenants/farmworkers/tillers to cultivate or till the same;
5. That I interpose no objection or opposition to the coverage of said parcel
of land under the
Comprehensive Agrarian Reform Program (CARP); and
6. That I execute this Affidavit to prove the foregoing facts.
IN WITNESS WHEREOF, I have hereunto affixed my signature this__day of ..J
20_at , Philippines.
Signature Over Printed Name of Affiant
Certified by: Witness:
Signature Over Printed Name of MARPO/PARPO Signature Over Printed Name of
Witness
SUBSCRIBED AND SWORN to before me this day of

________~. Philippines. Affiant exhibiting to me his/her ID No,
---J. 2014 in
_
Doc,No.~
Page No.__;
BookNo,~
Series of __;
Notary Public

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Republic of the Philippines

DEPARTMENT of AGRARIAN REFORM

III II 1111 1111111I1l111\ilillliillnllllll 1111

SUBSCRIBED AND SWORN to before me this day of

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