[ MEMORANDUM CIRCULAR NO. 01, January 30, 2018 ]
REVISED SYSTEMS AND PROCEDURES FOR THE REQUISITION, ISSUANCE, UTILIZATION, AND ACCOUNTING OF EP/CLOA JUDICIAL FORMS AND THE CONTROL OF THE USE OF SIGNING AND SEALING MACHINES
Adopted: 05 January 2018
Date Filed: 30 January 2018
Date Filed: 30 January 2018
To ensure the effective utilization and accurate accounting of the Judicial Forms (JFs) Used for the generation of Emancipation Patents (EPs) and Certificates of Land Ownership Award (CLOAs), and the control o the use of the signing and sealing machines and guarantee their integrity, the following systems and procedures are hereby promulgated:
I. System and Procedures on the Requisition, Issuance, Utilization and Accounting of Judicial Forms[1]
A. Requisition of JFs
Department of Agrarian Reform Provincial Office (DARPO)
1. The Provincial Judicial Form Account Officer (JFAO) shall review the Judicial Forms Inventory Report (JFIR) or LAD EP/CLOA Form No. 1 of the province every year of the month;
2. In the event that the quantity of JFs at the DARPO has reached the Minimum Stock Volume (MSV) based on its projected consumption of JFs for the year, the JFAO shall request for the issuance of the required JFs from the DAR Regional Office (DARRO) using Requisition for JFs or RJF (LAD EP/CLOA Form No 2). The Land Acquisition and Distribution (LAD) EP/CLOA Form No. 2 shall be accomplished in two (2) copies indicating the quantity of JFs being requisitioned and the remaining stocks on hand, and forward the same, together with the JFIR to the Chief Agrarian Reform Program Officer (CARPO) for Land Tenure Services or Field Operations Division (LTS/FOD);
The MSV of the province (MSVp) shall be computed based on the following formula (See Annex A ) for the Sample Computation):
The MSV of the province (MSVp) shall be computed based on the following formula (See Annex A ) for the Sample Computation): |
||
MSVp - AMoCp (Average Monthly Consumption of the Province) |
||
AMoCp |
= |
Where: Projected Consumption of JFs for the Year |
12 Months |
||
The formula for computing the total number of judicial forms to be requested by the province shall be (See Annex A" for the Illustrative Sample): |
||
= |
MSV x 3 |
|
Where: |
||
QRJF |
= |
Number/Quantity of the DARPO s Request for Judicial Forms |
MSV |
= |
Minimum Stock Volume |
3 |
= |
is a constant denoting the number of months in a quarter |
3. The CARPO for LTS/FOD shall review the request for JFs and recommend the same for the approval and signature of the Provincial Agrarian Reform Program Officer II (PARPO II);
4. The PARPO II shall approve and sign the RJFs of the province; and
5. The JFAO shall forward the request for JFs to the Records Section for proper recording and transmittal to the DARRO.
Department of Agrarian Reform Regional Office (DARRO)
1. The Regional JFAO shall review the JFIR every end of the month;3. The CARPO for LTS/FOD shall review the request for JFs and recommend the same for approval by the Regional Director (RD);
3. In case the JFs at the DARRO have reached the MSV based on its projected consumption of JFs for the year, the JFAO shall request for the issuance of the required JF from the Bureau of Land Tenure Improvement (BLTI) using LAD EP/CLOA Form No. 1.MSV = AMoCr (Average Projected Monthly Consumption of
Two (2) copies of the RJF (LAD EP/CLOA Form No. 2) shall be prepared, and the same, together with the JFIR, shall be forwarded to the CARPO for LTS/FOD;
The formula for the computation of MSV of the region (MSVr)
shall be: (See Annex "B for the Sample Computation).
JFS of the Region)
AMoCr = P =1n = ( P1 + P2 + ... Pn )
12 mos. 12 mos.
Where:
P =1n = Total Projected Consumption of JFs for the Year of all Provinces
P1 = Projected Consumption of JF for the Year of Province 1
P2 = Projected Consumption of JF for the Year of
Province 2
Pn = Projected Consumption of JF for the Year of the nth Province.
4. The RD shall approve and sign the RJFs of the region; and
5. The JFAO shall forward the RJF to the Records Section for recording purposes. Immediately after recording, the Records Section shall forward the same to the BLTI-DARCO.
B. Issuance of JFs
DARRO
1. Upon receipt of DARPO s RJF, the JFAO shall:
a. Record the same in the logbook/database designated for such purpose;2. The CARPO for LTS/FOD shall review the accuracy of the information in the RJF and the accomplished IV, and recommend the approval of the IV to the RD;
b. Indicate on the LAD EP/CLOA Form No. 2 the Requisition Control Number; and
c. Prepare and accomplish two (2) copies of the Issuance Voucher (IV) for Judicial Forms (LAD EP/CLOA Form No. 3) indicating the issuance Control Number, quantity, and serial numbers of the JFs to be issued;
3. The RD shall approve and sign the IV, and forward both the RJF and IV to the JFAO for the issuance of JFs;
4. The JFAO shall issue the requested JFs on a first-in, first-out (FIFO) basis and personally deliver the same to the concerned DARPO in case the requesting Provincial JFAO could not personally claim the JFs;
5. Inter-regional borrowing of JFs shall not be allowed.
BLTI-DARCO
1. The BLTI JFAO shah acknowledge receipt and record in the logbook/database the RJF submitted by the DARRO, and thereafter, review the same vis- -vis the JFIR (LAD EP/CLOA Form No. 1);
If the information is accurate, accomplish in two (2) copies LAD EP/CLOA Form No. 3 and forward the same, together with the RJF, to the CARPO of the LTI Documentation and Coordination Division (LDCD-BLTI). In case the information is not consistent with the JFIR, return the RJFs to the concerned DARRO with instructions to reconcile DARRO records with JFIR;
2. The CARPO of the LDCD-BLTI shall validate the RJF of the region based on the LAD EP/CLOA Form No. 8/database and recommend the approval of the IV for JFST, to the BLTI Director;
The BLTI Director shall approve and sign the IV for JFs; and
4. The designated BLTI JFAO shall issue the requested JFs on a first-in, first- out (FIFO) basis and personally deliver the same to the concerned DARRO in case the requesting Regional JFAO could not personally claim the JFs.
C. Receipt of Issued JFs DARRO
The Regional JFAO shall undertake the following:
1. Receive the denied or returned request for JFs from the BLTI, and notify the
DARPO for reconciliation of information or data;
6. Receive the issued JFs from the BLTI;
7. Inform the DARPO JFAO on the availability of the requested JFs; and,
8. File the IV.
DARPO
Upon receipt of the JFs from the DARRO, the JFAO shall record in sequence the corresponding serial numbers of the JF in the Judicial Forms Registry book/database of the DARPO (Refer to LAD EP/CLOA Annex C" for the logbook format).
D. Storage and Safekeeping of JFs
To ensure the safety and protection of accountable JFs, the JFAOs of concerned DARPO, the DARRO and the BLTI shall store the JFs in a vault intended for the purpose. The vault for JFs must be:
1. Used exclusively for JFs and should not contain any other office documents or supplies;
2. Locked, and the keys kept by the designated JFAO, duplicates of which shall be issued to the CARPO for LTS/FOD of the concerned DARPO, DARRO or CARPO LDCD of BLTI-DARCO, and the RD/Director of the BLTI; and
3. Preferably placed in a safe room or storage that can withstand human intrusions and natural calamities (i.e., fire, flooding, etc.).
E. Utilization of JFs
DARPO
1. The Land Distribution Folder (LDF) Verifying Officer, duly-designated by the PARPO II, shall prepare and sign two (2) copies of the JF Withdrawal Slip or JFWS (LAD EP/CLOA Form No. 4);
2 . The CARPO for LTS/FOD shall validate and approve the JFWS and forward the same to the JFAO for issuance of JFs;
3. The JFAO shall issue and record JFs, and ensure that the LDF Verifying Officer shall affix his or her signature in the JF logbook/database (Refer to LAD EP/CLOA Annex C" for the logbook/database format);
4. Upon receipt of the JFs, the LDF Verifying Officer shall generate the EPs/CLOAs based on the LDF and return the generated EPs/CLOAs to the JFAO for recording purposes;
5. The JFAO shall record all pertinent information contained in the EP or CLOA using the Judicial Form Utilization Worksheet or JFUW (LAD EP/CLOA Form No. 5) according to the sequence of the serial numbers of JFs. The JFUW shall be accomplished in three (3) copies and forwarded with the generated EPs/CLOAs to the designated Verifying Officer of EPs/CLOAs duly-designated by the PARPO II;
6. The designated EP and CLOA Verifying Officer shall ensure that the EP or CLOA accomplished are error-free by validating the accuracy of the information indicated in the EPs/-CLOAs against the JFUW. He or she shall affix his or her initial below the name of the CARPO for LTS/FOD in the JFUW;
In case of spoiled EPs/CLOAs, he or she shall indicate spoiled in the remarks column of the JFUW and state the reason/s for its spoilage. Based on the number of spoiled JFs forwarded to the JFAO, the LDF Verifying Officer shall prepare the JFWS (LAD EP/CLOA Form No. 4) for the replacement of the spoiled EPs/CLOAs;
7. The CARPO for LTS/FOD shall sign the JFUW and recommend for the initials of the PARPO the error-free EPs/CLOAs;
8. The PARPO II shall affix his or her initials on all copies of the duly- accomplished error-free EPs/CLOAs (owner s/co-owner's duplicate certificates) to be recommended for the initials of the RD; and
9. The JFAO shall record, according to the sequence of the serial number of JFs, in the designated DAR registry book/database the following information contained in the error-free and spoiled EPs/CLOA: names of farmer- beneficiaries (FBs), names of FBs respective spouses, survey number, location of barangay, lot number, area, date generated, name of landowners and corresponding title number.
DARRO
1. The Regional JFAO shall receive the error-free EPs/CLOAs, with the JFUW (LAD EP/CLOA Form No. 5) from the DARPO and record the same in the designated registry book/database;
2. The designated regional EP and CLOA Verifying Officer shall review the accuracy of the information indicated in the EPs/CLOAs against the attached JFUW and ensure that these are error-free. He or she shall affix his or her initials below the name of CARPO for LTS/FOD in the JFUW and transmit the same to the CARPO for LTS/FOD;
3. The CARPO for LTS/FOD shall sign the JFUW and recommend for initials of the RD all error-free EPs/CLOAs;
4. In case of erroneous EPs/CLOAs, the Regional JFAO shall record and forward the duplicate copy of the JFUW and the spoiled EPs/CLOAs to the DARPO for appropriate action; and,
5. The RD shall affix his initials in the accomplished EPs/CLOAs and forward the same to the CARPO of LTS/FOD for the notation of erroneous EPs/CLOAs, if any, in the Request for Authority to Use the Signing and Sealing Machine (RAUSSM).
F. Accounting, Inventory, and Reporting of JFs
DARPO
1. At the end of each month, the JFAOs of all the DARPOs shall conduct an accounting of all JFs using Judicial Forms Inventory Report or JFIR (LAD EP/CLOA Form No. 1).
Lost and unaccounted JFs shall be reported to the DARRO using the Report on Lost/Unaccounted JFs (LAD EP/CLOA Form No. 6), to be accomplished in two (2) copies;
2. The CARPO for LTS/FOD shall review and sign the JFIR and the
Report on Lost or Unaccounted JFs (LAD EP/CLOA Form No. 6); and
3. The JFAOs shall segregate all spoiled JFs from the unused ones classified according to kind and type (i.e. EP, CLOA).
All spoiled JFs, whether or not bearing the signature of the Secretary, shall be kept for inspection and audit until finally stamped as "spoiled" by the designated JFAO of the DARRO.
Subject forms shall be forwarded by the Provincial JFAO to the DARRO together with the JFUW and JFIR duly signed by the CARPO LTS/FOD, including the Report on Lost or Unaccounted JFs, duly signed by the PARPO II, if any, tor proper recording after due inspection by the Regional JFAO.
DARRO
The Regional JFAO shall:
1. Receive and record reports (JFUW, JFIR and Lost and Unaccounted JFs) forwarded by DARPO; and
2. Prepare two (2) copies of the DARRO Consolidated Report on Judicial Form Disposition (LAD-EP/CLOA Form No. 7) quarterly and submit the same, with the spoiled JFs to the LDCD-BLTI for recording and proper disposal of spoiled JFs.
BLTI-DARCO
1. The JFAO shall receive the DARRO consolidated report for national consolidation using the BLTI Consolidated Report on Judicial Form Disposition (LAD-EP/CLOA Form No. 8), as well as the spoiled JFs;
2. The BLTI Director, upon validation by the CARPO LDCD-BLTI, shall forward spoiled JFs to the Records Section for proper disposal;
3. The CARPO of LDCD-BLTI shall prepare a narrative report on the JF disposition for signing of the BLTI Director to be submitted to the Office of the Secretary (OSec), through the Office of the Undersecretary for Field Operations, attaching accomplished LAD EP/CLOA Form No. 8; and
4. For the lost/unaccounted JFs, conduct validation and prepare findings with concomitant recommendation and submit the same to the Office of the Secretary (OSec) for appropriate action, if any.
II. SYSTEM AND PROCEDURES FOR THE USE OF SIGNING AND SEALING MACHINES
A. Requisition and Approval for the Authority to Use the Signing and Sealing Machine
DARPO
1. The PARPO II, through the Provincial JFAO, shall prepare four (4) copies of the Request for Authority to Use Signing and Sealing Machines (RAUSSM) using the applicable prescribed form:
a. LAD EP/CLOA Form No. 9.A, for DARROs with SSM; or2. The PARPO II shall certify that the EPs/CLOAs in the RAUSSM were verified and processed for signing and sealing in accordance with the requirements and procedures provided under the applicable provisions of Presidential Decree (P.D.) No. 27, Executive Order (E.O.) No. 228, Republic Act (R.A.) No. 6657, as amended, and other pertinent Land Registration Authority (LRA) circulars, laws, rules and regulations, as the case may be, and warrant the integrity and authenticity of all the foregoing CLOAs/EPs to be generated using the SSM; and integrity and authenticity of all the foregoing CLOAs/EPs to be generated using the SSM; and
b LAD EP/CLOA Form No. 9.B, for DARROs without SSM;
3. The PARPO II shall forward the duly signed RAUSSM containing his request and recommendation to the concerned DARRO for review and approval.
DARRO
1. The CARPO for LTS/FOD shall:
a. Review the request and recommendation of the PARPO II, as well as the completeness and accuracy of the information indicated in the RAUSSM; and2. The RD shall:
b. Forward the RAUSSM (LAD Form Nos. 9.A or 9.B) to the RD for consideration.
a. Evaluate the recommendation of the PARPO II and if proper, shall affirm and further certify that the SSM shall be used only in accordance with the mandate of the DAR in the implementation of the Comprehensive Agrarian Reform Program (CARP) after all the requirements and applicable laws, rules and regulations have been strictly followed; andb. In case the DARRO has no SSM, forward the RAUSSM (LAD EP/CLOA Form No. 9.B) to the nearest DARRO with SSM or to the BLTI for authorization to use SSM.
3. The RD with SSM or the Director of BLTI shall evaluate the request and if proper, shall approve and further certify that the SSM shall be used only in accordance with the mandate of the DAR in the implementation of the CARP after all the requirements and applicable laws, rules and regulations have been strictly followed, and forward the RAUSSM to the SSM Operator for the signing and sealing of the EPs and/or CLOAs; and
4. The DARRO with SSM or BLTI through the concerned JFAO shall record the approved RAUSSM (LAD EP/CLOA Form Nos. 9.A or 9.B) including the EPs and/or CLOA, and JFUW in the designated logbook/database and forward the same to the SSM Operator for the DARRO with SSM/ BLTI.
B. Use of Signing and Sealing Machines
1. The SSM Operator shall:
C. Reporting Procedure for the Use of Signing and Sealing Machines
1. The Signing and Sealing Machine Operator of the Regions/BLTI where the signing and sealing machines are officially stationed shall prepare and sign three 3 copies of the consolidated report on the Use of Signing and Sealing Machine Recording/Reporting Sheet or SSMURRS (LAD EP/CLOA Form No. 10) which is to be received and initialed by the CARPO for LTS/FOD, and approved by the RD; and
2. The duly signed report shall be submitted to the OSec through the Office of the Undersecretary for Field Operations, every quarter copy furnished the BLTI, as well as the concerned DARRO and DARPO.
D. Storage and Safekeeping of Signing and Sealing Machines
The RD of the region where the signing and sealing machine is officially stationed shall be responsible for the storage, safety, and utilization of the same unless the Secretary recalls the SSM. As such, he/she shall:
1. Provide a safety vault with lock which shall be exclusively used for the storage of the signing and sealing machines; and
3. Designate an SSM Custodian who shall be responsible for the storage and safekeeping of the SSM, and an SSM Operator and his/her alternate who shall ensure the proper utilization of the machines. A Special Order signed by the DAR Secretary shall be issued on the matter.
III. MONITORING AND AUDIT OF JUDICIAL FORMS DISPOSITION AND USE OF SSM
A. The duly constituted OSec-IAD-BLTI Audit Team shall:
1. Conduct physical audit of judicial forms on an annual basis, specifically:
C. The OSec may also refer the recommendation of the OSec-IAD-BLTI Audit Team to the Policy Review and Formulation Committee (PRFC) for possible issuance of guidelines to further improve/enhance the suggestions for the requisition, utilization, accounting, inventory of JFs, as well the custody and storage of SSM.
IV.SANCTIONS
The DAR officials and personnel, who are found to have violated the rules and regulations promulgated under this M.C. such as but not limited to: fraudulently or negligently caused the loss, non-accounting and spoilage of any JF, and any inappropriate/unauthorized use of the SSM, shall be subject to administrative sanctions without prejudice to the filing of criminal and civil actions.
V. EFFECTIVITY
This Memorandum Circular shall take effect immediately. All previous circulars or orders inconsistent herewith are hereby revoked.
Diliman, Quezon City, JAN 05 2018.
[1] Including the Autonomous Regional of Muslim (ARMM)
4. The DARRO with SSM or BLTI through the concerned JFAO shall record the approved RAUSSM (LAD EP/CLOA Form Nos. 9.A or 9.B) including the EPs and/or CLOA, and JFUW in the designated logbook/database and forward the same to the SSM Operator for the DARRO with SSM/ BLTI.
B. Use of Signing and Sealing Machines
1. The SSM Operator shall:
a. Receive the approved RAUSSM and record the EPs and/or CLOAs in the Signing and Sealing Machines Utilization Registry (SSMUR)/Database (SSMUD);
b. When the signing machine is for trial as a consequence of mechanical trouble, breakdown, repair and the like, record the control number registered appearing in the machine on the designated SSMUR Database (SSMUD before the said trial is undertaken;
c. Prior to the actual official operation/use of the signing machine, a signature sampling must be done on a clean sheet of paper. Do record the said signature sampling in the SSMUR. The specimen sheet shall be kept for inspection and audit by the OSec-CAD-BLTI Audit Team to be constituted by the Secretary;
d. Record the signature sampling in the SSMUR. The specimen sheet shall be kept for inspection and audit by the OSec-CAD-BLTI Audit Team to be constituted by the Secretary;
e. Sign and seal the EPs and/or CLOAs, and record the serial numbers of the JFs, including the date of the signing and sealing of EPs and/or CLOAs in the SSMUR;2. The Records Section of the requisitioning party shall receive the signed EPs and/or CLOAs, JFUW and RAUSSM, and sign the "received by" portion of the SSMUR.
f. Issue the signed EPs and/or CLOAs, JFUW and RAUSSM (LAD EP/CLOA Form Nos. 9.A and 9.B) to the Records Section of the requisitioning party; and
C. Reporting Procedure for the Use of Signing and Sealing Machines
1. The Signing and Sealing Machine Operator of the Regions/BLTI where the signing and sealing machines are officially stationed shall prepare and sign three 3 copies of the consolidated report on the Use of Signing and Sealing Machine Recording/Reporting Sheet or SSMURRS (LAD EP/CLOA Form No. 10) which is to be received and initialed by the CARPO for LTS/FOD, and approved by the RD; and
2. The duly signed report shall be submitted to the OSec through the Office of the Undersecretary for Field Operations, every quarter copy furnished the BLTI, as well as the concerned DARRO and DARPO.
D. Storage and Safekeeping of Signing and Sealing Machines
The RD of the region where the signing and sealing machine is officially stationed shall be responsible for the storage, safety, and utilization of the same unless the Secretary recalls the SSM. As such, he/she shall:
1. Provide a safety vault with lock which shall be exclusively used for the storage of the signing and sealing machines; and
3. Designate an SSM Custodian who shall be responsible for the storage and safekeeping of the SSM, and an SSM Operator and his/her alternate who shall ensure the proper utilization of the machines. A Special Order signed by the DAR Secretary shall be issued on the matter.
III. MONITORING AND AUDIT OF JUDICIAL FORMS DISPOSITION AND USE OF SSM
A. The duly constituted OSec-IAD-BLTI Audit Team shall:
1. Conduct physical audit of judicial forms on an annual basis, specifically:
a. Review of the requisition, utilization, accounting, and inventory of2. Conduct physical audit of the use of SSM, specifically:
JFs;
b. Review of the JFUW to determine whether the reason/s of the spoilage of the JFs is/are valid;
c. Affix their signatures on the JFIR (LAD EP/CLOA Form No. 1)
and JF registry book after audit; and
d. Prepare an Audit Report based on the audit findings and evidence, including recommendation for the imposition of sanction/s on the concerned DAR official/personnel responsible for the lost, unaccounted, and spoiled JFs.
a. Review the SSM utilization report, RAUSSM, and other related documents; andB. The OSec shall issue a memorandum to the concerned PARPOs II and RDs for the implementation of the recommendations of the OSec-IAD-BLTI Audit Team as contained in the Consolidated Audit Report.
b. Prepare an Audit Report on the utilization of the SSM.
C. The OSec may also refer the recommendation of the OSec-IAD-BLTI Audit Team to the Policy Review and Formulation Committee (PRFC) for possible issuance of guidelines to further improve/enhance the suggestions for the requisition, utilization, accounting, inventory of JFs, as well the custody and storage of SSM.
IV.SANCTIONS
The DAR officials and personnel, who are found to have violated the rules and regulations promulgated under this M.C. such as but not limited to: fraudulently or negligently caused the loss, non-accounting and spoilage of any JF, and any inappropriate/unauthorized use of the SSM, shall be subject to administrative sanctions without prejudice to the filing of criminal and civil actions.
V. EFFECTIVITY
This Memorandum Circular shall take effect immediately. All previous circulars or orders inconsistent herewith are hereby revoked.
Diliman, Quezon City, JAN 05 2018.
(SGD.) ATTY. JOHN R. CASTRICIONES
Secretary
Secretary
[1] Including the Autonomous Regional of Muslim (ARMM)