Title
Revised Rules on Acquisition of Mortgaged Agricultural Lands
Law
Dar Administrative Order No. 01, S. 2000
Decision Date
May 31, 2000
Revised regulations streamline the acquisition process of agricultural lands under mortgage or foreclosure, designating mortgagees as new landowners or lien-holders while outlining their rights, obligations, and the procedures for title consolidation and land transfer claims.
A

Definitions

  • Banks: Include various banking institutions performing banking functions in the Philippines.
  • Mortgage: Contract using real property as security for debt.
  • Mortgagor: Owner pledging property as security.
  • Mortgagee: Holder of mortgage rights, usually banks/financial institutions.
  • Foreclosure: Procedure terminating mortgagor’s rights via sale on default.
  • Redemption: Mortgagor’s act of reclaiming property post-foreclosure.
  • Right of Redemption: Mortgagor’s legal right to redeem within set periods post-sale.
  • Equity of Redemption: Right to redeem property before foreclosure sale confirmation.

Scope of Application

  • Covers all agricultural lands subject to mortgage or foreclosure.
  • Excludes cases where mortgagee is already registered title owner at acquisition start.

Mortgagee as Landowner

  • Mortgagee is new landowner if:
    a) They purchased the foreclosed property and redemption period expired.
    b) Foreclosure sale confirmed by court if only equity of redemption applies.

Mortgagee as Lien-holder

  • Mortgagee considered lien-holder if:
    a) Mortgage debt not due.
    b) Debt due but no foreclosure initiated.
    c) Foreclosure occurred but redemption period ongoing or sale not confirmed.

Title Consolidation Procedures

  • Mortgagee may cancel mortgagor’s title and issue new title after redemption period or court confirmation.
  • Failure to issue title triggers transfer to government per DAR AO 2 (1996).
  • Supporting documents required include court orders or affidavits of non-redemption.

Payment of Fees and Charges

  • Taxes, fines, penalties, registration fees, and other charges must be paid before title registration.
  • If mortgagee fails to pay within 15 days after notice, Land Bank of the Philippines (LBP) deducts these from claim proceeds.

Rights and Privileges of Mortgagee

  • As new landowner:
    1. Receive official notices and correspondence.
    2. Exclusive transaction rights with DAR/LBP.
    3. Recipient of cash/bond deposits.
    4. Receive land transfer claim proceeds minus deductions.
  • As lienholder:
    1. Collect payment up to compensation value.
    2. Receive notices regarding mortgagor’s obligations.

Obligations of Mortgagee

  • As new landowner:
    1. Comply with claim processing including surrender of original title copy.
    2. Sign all required land transfer documents.
  • As lienholder:
    1. Issue mortgage release or redemption deed post-payment.
    2. Sign documents to cancel mortgage.

Sanctions for Non-compliance

  • Proceeds withheld from landowner or lienholder until obligations met.

Operating Procedures (Mortgagee as Landowner)

  • Steps include claim processing by DAR/LBP, notice issuance, consolidation of ownership, acceptance/rejection of valuation, title issuance, and payment processing.
  • Detailed documentary requirements such as CARP forms and affidavits for consolidation and title issuance are mandated.

Procedure When Mortgagee is Lienholder

  • If redemption period not expired or sale unconfirmed, mortgagee paid mortgage debt up to compensation value.
  • Applies guidelines from DAR AO 2 (1996).

Repealing Clause

  • All inconsistent previous orders, circulars, and memoranda revoked or amended.

Effectivity

  • Order effective 10 days after publication in two national newspapers as mandated by law.

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