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Winston LECTURE OUTLINE Workshop

The document provides guidance for legal officers on their tasks and responsibilities for Project Split, which involves validating and parcelizing land covered by Collective Certificates of Land Ownership Awards. It outlines 19 main responsibilities, such as preparing implementation plans, reviewing policies and reports, validating beneficiaries, and resolving disputes. It also gives guidance on conducting fieldwork, including required documents, initial meetings, documentation activities, and templates to prepare for legal matters and case buildup.

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Dave Matthew Abella
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38 views3 pages

Winston LECTURE OUTLINE Workshop

The document provides guidance for legal officers on their tasks and responsibilities for Project Split, which involves validating and parcelizing land covered by Collective Certificates of Land Ownership Awards. It outlines 19 main responsibilities, such as preparing implementation plans, reviewing policies and reports, validating beneficiaries, and resolving disputes. It also gives guidance on conducting fieldwork, including required documents, initial meetings, documentation activities, and templates to prepare for legal matters and case buildup.

Uploaded by

Dave Matthew Abella
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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PROJECT SPLIT

FVTs GENERAL ORIENTATION AND WORKSHOP

Royale Palm Hotel & Business Center


Pambujan, Northern Samar
November 14, 2022 @ 8AM

TASKS AND RESPONSIBILITIES OF A LEGAL OFFICER:

1. Prepare, assist and submit to the Provincial Project Manager and the
Parcelization Component Coordinator the appropriate design of the
implementation plan of the Team in the conduct of the field validation
activities based on their scope and coverage;
2. Prepare and review all relevant policies, summaries of facts and
reports including other secondary data to serve as supporting
documents during the conduct of the field validation activities -
a. DAR Administrative Order No. 01, Series of 2021 - REVISED
GUIDELINES AND PROCEDURES ON THE PARCELIZATIONOF
LANDHOLDINGS WITH COLLECTIVE CERTIFICATES OF LAND
OWNERSHIP AWARD (CCLOAs;
b. Project Operations Manual, Volume 2 - PARCELIZATION OF
COLLECTIVE CERTIFICATE OF LAND OWNERSHIP AWARD
(CCLOAs);
3. Together with the Field Validation Team (FVT), conduct the validation
of Agrarian Reform Beneficiaries (ARBs) covered by CCLOAs;
4. Carry out the case build up process to efficiently conduct the
parcelization activity and judiciously act on any protest or petition
that may arise for inclusion/exclusion of ARBs;
5. Prepare the following output with the use of the Original ARB
Marterlist through a comprehensive ARB Validation Report as
follows:
a. Present vs. Absent ARBs
b. Reason for the absence of ARB
c. Grounds for the entry of actual tillers
6. Prepare Compromise Agreements and submit the same as basis for
the order of Allocation;
7. Formulate legal templates for easy reference in the processing of
actions filed during the field validation and firming up of ARB master
list:
a. Templates for investigation report and recommendation, notices,
compromise agreements, endorsements and other necessary legal
forms and correspondence;
b. Templates for the resolution of inclusion/exclusion proceedings;
c. Identify the threats hindering the ARB Validation and
Parcelization process;
8. Conduct the preliminary meetings/consultation with all collective
owners to discuss the policies and parcelization procedures:
a. Reasons of parcelization of existing CCLOA;
b. Manner of Lot Allocations to ARBs;
c. Schedule of activities for the conduct of lot allocation,
subdivision survey, etc.;
d. Preparation and execution of the required documents (i.e.,
Lot Allocation Agreement/MARPO/Designated Personnel
Report on Equitable Lot Allocation, Certified Copy of
Owner’s Duplicate Copy, etc.); and
e. Payment of Real Property Tax.
9. Conduct dialogues and mediation between and among the ARBs/Co-
owners listed in the master list and other persons who may have
interest over the subject landholding;
10. As member of the team, assist the Licesed Engineer in the conduct of
relocation survey;
11. Coordinate with other Central/Regional or other Provincial CARP
implementing teams in the event that their participation are
indispensable in the conduct of the field validation or in the case
build up process of a particular incident;
12. Inform the DARPO, in writing, of any potential or actual conflict of
interest in any assigned task;
13. Submit the following reports:
a. Work Plan in accordance with the monthly target (CCLOA and
hectares), duly approved by the Sectoral Head, consistent with
the Summary of Deliverables and Work and Financial Plan;
b. Monthly and quarterly accomplishment report;
c. Liquidation report, if applicable;
d. Monitoring reports;
e. Other reports as may be required by theOffice;
14. Maintain separate files/records of cases involving the project.
However, the Legal Officer shall be under the technical support of the
Chief Legal Services Division of the concerned Regional/Provincial
Office;
15. Commits not to disclose to any other person or make use of, for
his/her own benefit, any secret or confidential information about
pending and decided cases, internal communication and
correspondence, and other confidential information, data, files and
documents, and the like, which shall come to his/her knowledge
during his/her engagement or as a result thereof. Disclosure without
prior consent from the PPMO shall be subject to administrative
sanction;
16. Prepare and facilitate the signing/approval of CARPER LAD Forms
pursuant to DAR Parcelization Guidelines;
17. Comply with all the requirements of the Department, the Commission
on Audit (COA), the Bureau of Internal Revenue (BIR), and such other
Offices with requirements for the engagement of the Legal Officer;
18. Act as Team Leader of the FVT. As such, he/she will ensure that
individual members of the FVT shall perform the specific task and
responsibilities resulting to deliverables individually and as a Team;
19. Perform other activities that the Provincial Project
Management/Provincial Parcelization Legal Coordinator may assign
from time to time.

THINGS TO CONSIDER PRIOR TO FIELDING:


a. After receiving the Target Work Load from the PPMO, immediately call
the Team for a meeting to study/discuss the following:
i. The number of landholdings downloaded to the Team;
ii. The municipalities or areas these landholdings are situated;
iii. The number of ARBs in the CCLOAs vis a vis the Approved Survey
Plan (ASP);
b. Conduct an initial study/review on the peace and order situation of
the area where the subject landholding is located to assess the
security of the Team in the conduct of field validation activities;
c. Devise a plan on how to conduct the field validation activities;
THINGS/DOCUMENTS TO PREPARE PRIOR TO FIELDING:
a. Notice of Consultation Meeting (At least 5 copies);
b. Minutes of Consultation Meeting (Blank Form);
c. Lot Allocation Agreement;
d. Request for Parcelization;
e. Sufficient number of copies of the SP Form 1 and ARB Cardings;
f. Affidavit of Undertaking (Blank Form);
g. Affidavit of Waiver (Blank Form);

THINGS TO DO AT THE START OF THE FIELD VALIDATION ACTIVITIES:


a. Report to the Office of the host MARPO where the landholding is
located and solicit ideas as to the nature of the subject landholding,
the whereabouts of the ARBs, and other related information;
b. Schedule a courtesy call with the Office of the Mayor together with
the host MARPO simultaneous with the posting of the Notice of
Consultation Meeting;
c. After the courtesy call with the Office of the Mayor, schedule a
courtesy call with the Office of the Punong Barangay simultaneous
with the posting of the Notice of Consultation Meeting;
d. During the consultation meeting, be sure to secure the attendance of
the concerned ARBs and enter their signatures in the Minutes of
Consultation Meeting;
e. After the consultation meeting, the Team may immediately proceed
with the identification and documentation of ARBs;
f. At the onset of the documentation activities, be sure to ask each ARB
to show their respective valid IDs (to ascertain their identities) and
Birth Certificate/Baptismal Certificate especially if the ARB is not
included in the CCLOA in anticipation of the filing of a petition for
inclusion/exclusion to which such documents are indispensable
requirements;
g. Proceed with the documentation activities until the monthly target is
achieved or the entire landholdings are completed.

LEGAL DOCUMENTS/TEMPLATES TO PREPARE:


(This is for purposes of case build-up)
a. Certificate of Residency (Punong Barangay);
b. Certificate of Actual Tillership (BARC Chairman);
c. Affidavit of Undertaking (Blank Form);
d. Affidavit of Waiver (Blank Form);
e. Affidavit of Two Disinterested Person (Actual Tillership);
f. Affidavit of Two Disinterested Person (One and the same person);
g. Affidavit of Two Disinterested Person (Birth);
h. Affidavit of Two Disinterested Person (Residency in case of lack of a
Certificate of Livebirth/Baptismal Certificate);
i. Notice of Mediation;
j. Minutes of Mediation;
k. Certificate of No Landholdings (Assessor’s Office Municipal/Provincial)
l. Petition for Inclusion/Exclusion.

SHARING OF EXPERIENCES AND OTHER MATTERS

Thank you!!!

WINSTON G. TEJERO
Legal Officer FVT - 15

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