July 22, 1977 MEMORANDUM TO : All Regional Directors, District Officers and Team Leaders FROM : The Asst.

Secretary for Administrative Affairs SUBJECT : Revised List of Requirements for Land Transfer Payments We are furnishing you herewith for your information and guidance, copies of the revised list of requirements, approved by the Land Bank Board of Directors under Board Resolution No. '77-223 dated July 24, 1977, to be submitted and/or complied with by landowners under varying situations relative to land transfer compensation claims to be paid by the Land Bank. You are hereby directed to cause the reproduction of this listing for dissemination to your various field units with the instruction that the same be disseminated to landowners whose landholdings have been subjected to Operation Land Transfer and shall also be posted in conspicuous place within our field offices. CDcaSA You are further directed to instruct your personnel handling land transfer compensation claims to always see to it that said requirements/ documents are attached to the claim folder being forwarded to the DAR Central Office to avoid unnecessary delays in the processing of said claims and backtracking of documents. Compliance is hereby enjoined. FOR THE SECRETARY: (SGD.) BENJAMIN F. LABAYEN, CESO I Assistant Secretary REVISED LIST OF REQUIREMENTS FOR LAND TRANSFER PAYMENTS 1. REQUIREMENTS COMMON TO ALL LANDOWNERS 1.1 Xerox copy of the Current Residence Certificates A and B with TAN of all payees, 30c doc. stamp and ID picture; 1.2 Real estate tax clearance or statement of real estate tax delinquency for 1972 and previous years to include both Basic and Special Educational Fund (S.E.F.) taxes; 1.3 Due execution of the Assignment of Rights and Landowner's Affidavit of Warranty and Undertaking (Note: Form to be furnished and filled up by the Land Bank); 1.4 Due execution of the Farmer's Undertaking by the tenant-beneficiaries and other officials concerned (Note: compliance of this requirement to be undertaken by Land Bank personnel); 1.5 Registration of the Assignment of Rights with the Register of Deeds concerned. WHERE THE PROPERTY/IES ARE MORTGAGED (TITLED OR UNTITLED) 2.1 Where mortgagee is a government-lending institution 2.1.1 Statement of Account from the mortgagee to include daily interest and Title No. (if property is titled) or PSU/PLS/Lot No. (if property is untitled) of the property/ies offered as collateral. 2.2 Where mortgagee is not a government-lending institution 2.2.1 Written assent of the mortgagee to accept Land Bank bonds, amount stated, as payment of obligation or as substitute collateral; 2.2.2 Letter from the mortgagee stating how much LB Bonds he/it is willing to accept so that it can release the mortgage on subject property/ies (if the same is mortgaged, together with other properties and the value of the claim is not sufficient to fully liquidate the mortgage obligation); 2.2.3 Written request of the land transfer claimant that his mortgage obligation be paid out of the (a) cash portion of his claim where the same is sufficient to cover the entire obligation (if mortgagee is not accepting LB bonds either as payment of obligation or as substitute collateral), or (b) in addition to the cash portion where the same is not sufficient to cover the entire obligation, the amount of LB bonds to cover the balance of said obligation, in accordance with a letter of the mortgagee to that effect . WHERE PROPERTY/IES WAS/WERE ALREADY FORECLOSED 3.1 Letter from the new/registered owner stating how much Land Bank bonds and/or cash he/it is willing to accept to reconvey subject property/ies to its previous registered/declared owner. WHERE PROPERTY/IES IS/ARE TITLED 4.1 Xerox copy of the Title/s duly certified by the Register of Deeds as the exact copy/ies of the Title/s on file; 4.2 Certified copy of the Tax Declaration covering subject property/ies containing the area as appearing on the OCT/TCT; 4.3 Submission to the Land Bank of the Owner's Duplicate Copy of the Title/s free from all liens and encumbrances such as, but not limited to, the following annotations, if any, appearing on the title: mortgage entries, notice of lispendens, affidavit of adverse claims, lease, usufructuary rights, right of way (if no longer existing), contrato de lomienda, first liens in favor of the government, notice of attachment, notice of execution, that the property is "not

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tenanted," "not subject to PD 27," etc., unless in the last two instances it is shown that lease rentals or amortization payments had been made by the tenant-farmers on the property; Certification by the Register of Deeds concerned that there are no liens and encumbrances on the subject property/ies other than those annotated on the owner's copy of the Title/s (Note: Form to be furnished by the Land Bank and compliance of this requirement to be undertaken by its personnel).

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WHERE LANDOWNERS IS/ARE REPRESENTED BY ATTORNEY-IN-FACT (Note: As a general rule, the Land Bank accepts powers of attorney only in the following cases:) 5.1 Power of attorney issued to a co-owner or co-heirs; 5.2 Power of attorney issued to the spouse of the registered owner; 5.3 Power of attorney in favor of a third person issued by a landowner who is on a foreign country or who is in the Philippines but is either sick, disabled or incapacitated upon proof of incapacity; (The power of attorney shall contain the authority, among other things, to sell and transfer subject property/ies pursuant to Presidential Decree No. 27 and to sign LTPA, Assignment of Rights, Landowner's Affidavit of Warranty and Undertaking, and/or affidavits, warranty, undertaking under LOI 273 and other land transfer documents, when necessary). 5.4 Submission of proof that the landowner is already abroad from the private office or agency or government offices concerned stating among other things, the date of departure of the principal and place of destination (if power of attorney is executed in the Philippines and the principal has already left the country). 5.5 Authentication of the power of attorney by the Philippine Consul concerned (if power of attorney is executed abroad); 5.6 Medical Certificate issued by a physician under oath stating among other things the illness, disability or incapacity of the-principal (Note: The oath portion may be omitted should the medical certificate be issued by a government physician). AacCHD 5.7 Xerox copy of the current Residence Certificate A and B of the Attorney-in-Fact. (Note: For purposes of payment of claim by Land Bank.) WHERE LANDOWNERS IS/ARE MINOR/S OR INCOMPETENT 6.1 Letter of Guardianship issued by a competent court in favor of judicial guardian; 6.2 Oath of Office of the judicial guardian; 6.3 Court authority for the judicial guardian to dispose the property/ies pursuant to PD 27 and to sign the Assignment of Rights, Landowner's Affidavit of Warranties and Undertakings and/or affidavits, undertakings, warranties under LOI 273 and other land transfer documents and registration of said Court authority with Register of Deeds concerned; 6.4 Xerox copy of the current Residence Certificates A and B of the judicial guardian. WHERE OWNER/PAYEE IS/ARE A CORPORATION/PARTNERSHIP 7.1 Xerox copy of Articles of Incorporation and By-Laws or Articles of Partnership duly authenticated, with certificate of incorporation/registration from the Securities and Exchange Commission; 7.2 Board Resolution, duly authenticated, in a public instrument, designating its official representative to dispose subject property/ies pursuant to PD 27 and to sign the Assignment of Rights, Landowner's Affidavit of Warranties and Undertakings, and/or affidavits, undertakings, warranties under LOI 273, where necessary and other land transfer documents; 7.3 Xerox copies of current Residence Certificates C and C-1 of the corporation; 7.4 Xerox copies of current Residence Certificates A and B of the official representative of the corporation. WHERE REGISTERED OWNER/S IS/ARE DECEASED 8.1 For Extra-Judicial Settlement of Estate 8.1.1 Deed of Extra-Judicial Partition of the Intestate Estate of the deceased; 8.1.2 Registration of the Deed of Extra-Judicial Partition of the Intestate Estate of the deceased with the Register of Deeds concerned; 8.2 Judicial Settlement of Estate 8.2.1 Special Proceedings still pending (Both for Testate and Intestate Settlement of Estate) 8.2.1.1 Letters of Administration/Letters of Testamentary issued by a competent court in favor of the administrator/executor of the intestate estate of the deceased; 8.2.1.2 Court authority for the administrator/executor of the intestate/testate estate of the deceased to dispose the property/ies pursuant to PD No. 27 and to sign the Assignment of Rights, Landowners Affidavit of Warranty and Undertaking and/or affidavits, undertakings, warranties under LOI 273, where necessary, and other land transfer documents; and registration thereof; 8.2.1.3 Xerox copies of the current Residence Certificates A and B of the Administrator/executor 8.2.2 Special Proceedings already terminated 8.2.2.1 Intestate 8.2.2.1.1 Project of Partition of the intestate estate of the deceased; 8.2.2.1.2 Court Order approving the Project of Partition. 8.2.2.1.3 Certification of the Clerk of Court concerned that the Project of Partition and the Court Order approving the same is already final and executory. 8.2.2.1.4 Registration of the Project of Partition with the Register of Deeds concerned. 2

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8.2.2.2 Testate 8.2.2.2.1 Last Will and Testament of the deceased landowner; 8.2.2.2.2 Court Order passing in probate the Last Will and Testament; 8.2.2.2.3 Certification from the Clerk of Court concerned that said Order is already final and executory; 8.2.2.2.4 Registration of the Court Order approving the same with the Register of Deeds concerned. (Note: In all instances, the Death Certificate of the deceased landowner is required) 9. WHERE LANDOWNER/S OWN LESS THAN 24 HAS. OF TENANTED RICE/CORN LAND AND ELECTS TO AVAIL OF ADDITIONAL BENEFITS UNDER LOI 273 (Situation covers a situation where the landowner/s decide/s to avail of the benefits after papers had been submitted to the Land Bank) 9.1 DAR Certification of the total landholdings of landowner and spouse, if any (Form to be furnished and accomplished by the DAR) ECTIcS 9.2 Landowner's Undertaking * * Should include property/ies of both spouses, as the case may be. 9.3 Written request of the landowner, at his option, to avail of Special Deposit Account to include the purposes for which it will be utilized, i.e., for housing, education, or insurance. 10. WHERE TITLE IS ISSUED AFTER OCTOBER 21, 1972 10.1 Certified copy of the Title covering subject property/ies as of October 21, 1972; 10.2 Documents which led to the issuance of the title/s issued after 21 October 1972.

11. REQUIREMENTS IF CCT IS ISSUED AFTER 21 OCTOBER 1972 THROUGH PUBLIC LAND APPLICATION UNDER COMMONWEALTH ACT 141 11.1 Bureau of Lands Certification that subject property/ies is/are already classified as private agricultural land as of 21 October 1972; 11.2 Bureau of Lands Certification that the issuance of Patent is not in violation of PD No. 152 (if Patent was issued on or after 13 March 1973). 12. WHERE PROPERTY/IES IS/ARE UNTITLED 12.1 Tax Declaration/s covering the property/ies as appearing in the Approved Survey Plan filed pursuant to PD No. 76 showing the Lot Number/s and correct area/s of property/ies, duly certified by the Provincial Assessor concerned; 12.2 Survey Plan and Technical Description of the property/ies duly approved by the Bureau of Lands; if available, otherwise, parcellary maps prepared by the Bureau of Land will suffice; 12.3 Real estate tax clearance or statement of real estate tax delinquency for 1972 and previous years to include both Basic and Special Educational Fund (SEF) taxes; 12.4 Affidavit of landowners that the property/ies as appearing in the approved survey plan is/are exclusively owned by him/them and not subject of adverse claim of third parties; 12.5 Certification from the Clerk of Court concerned whether or not the property/ies as appearing in the approved survey plan has/have been the subject of land registration cases and cadastral proceedings, and, status of the case, if any; 12.6 Certification of the Bureau of Lands whether or not there has been application for the acquisition of the property/ies as appearing in the approved survey plan under Commonwealth Act No. 141, as amended, and, status of the same, if any, 12.7 Certification of the Bureau of Lands and/or Bureau of Forest Development that the property/ies as appearing in the approved survey plan is/are not within any civil, military or watershed reservation, national park, or timber or