TERMS OF REFERENCE

LEGAL OFFICER (LEGAL SPECIALIST/LAWYER)

Name of Project: Support to Parcelization of Lands for Individual

Titling (SPLIT) Project
Project Duration: 09 October 2020 – 08 October 2024
Implementing Agency: Department of Agrarian Reform (DAR)

1. Procurement Summary

1.1 Component: Parcelization

1.2 Related Major Activity: Legal
1.3 Fund Source: Government of the Philippines (GOP)
Counterpart Fund
1.4 Contract Duration: Remaining months of 2021 (renewable-
subject to performance evaluation every
three (3) months/ end of contract)
1.5 Rate per Month: Php 50, 000.00
1.6 Name of Supervisor: Regional Project Manager
1.7 Procurement Unit: RPMO

2. Rationale/ Background

The Support to Parcelization of Lands for Individual Titling (SPLIT) is a

development Project of the Department of Agrarian Reform (DAR) with the World
Bank which aims to improve land tenure security and stabilize property rights of
agrarian reform beneficiaries (ARBs) in their CARP-awarded lands through
accelerated subdivision of collective CLOAs and generation of individual titles.

Project SPLIT will reinforce the desire of DAR to accelerate its current CCLOA
parcelization program by increasing efficiencies through the introduction of digital
technology in the parcelization process, streamlining workflows and processes,
enhancing stakeholder engagement, building capabilities of project implementers, and
improving competencies on project management and supervision.

The engagement of Legal Officer (Legal Specialist/Lawyer) is essential to address

any legal issues and protest which may ripen into a proceeding for inclusion/exclusion
of agrarian reform beneficiaries (ARBs) during the field validation and firming up of the
ARB Masterlist.

Likewise, the said Legal Officer (Legal Specialist/Lawyers) shall be directly

responsible to take action on any petition for inclusion/exclusion that will be filed and
shall undertake the necessary preparation, review, editing and finalization of legal
opinions, draft decisions, notices, correspondence, proper documentation, and other
tasks necessary in the implementation of the SPLIT project.
3. Scope of Services

Specific tasks and responsibilities include, but not restricted, to the following:

3.1 Be primarily responsible to perform the following:

a. Review contracts that are subject of the SPLIT project
b. Prepare legal opinion during sourcing out of survey or bidding
c. Prepare, review, edit and finalize draft decisions, orders and resolutions
d. Review legal summaries of facts
e. Prepare/Review legal correspondences
f. Prepare/Review notices and reports
g. Prepare/Review, edit and finalize pleadings, deeds or other legal
instruments

3.2 Assist in the conduct of dialogues and, if necessary, conduct mediation

between and among the ARBs/Co-owners listed in the Masterlist and other
persons who may have interest over the subject landholding;

3.3 Undertake the cascading of the process for parcelization in order to have a
uniform procedure and address policy gaps;

3.4 Actively participate in the interagency tasking/meetings;

3.5 Coordinate with the other Central/Regional/or other Provincial CARP

implementing teams in the event that their participation are indispensable in
resolving a particular case or issue;

3.6 Commits to always uphold the public interest over and above personal interest,
and use all government resources efficiently, effectively, honestly, and
economically, particularly to avoid wastage of public funds and revenues. It shall
be the duty of the Legal Officer to immediately inform the DAR, in writing, of any
potential or actual conflict of interest in any assigned task;

3.7 Submit the following reports, as follows:

a. Work plan duly approved by the Sectoral Head, consistent with the
Summary of Deliverables and Work and Financial Plan
b. Monthly and quarterly accomplishment
c. Liquidation report, if applicable
d. Monitoring reports
e. Other reports as may be required by the Office

3.8 Maintain a separate file/record of cases involving the project. However, the
Legal
Officer shall be under the technical support of the Chief of the Legal Services
Division of the concerned Regional/Provincial Office and under the
administrative
supervision of the Regional Director/PARPO;
 3.9 Commits to not 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;

3.10 Comply with all the requirements of the Department, the Commission on
Audit, the Bureau of Internal Revenue, and such other Offices with requirements
for the engagement of the Legal Officer.

3.11 Perform other tasks that maybe assigned from time to time.

4. Deliverables (Time Duration)

The Legal Officer (Legal Specialist/Lawyer) is committed to deliver the tasks

provided in his/her submitted Work Plan, duly approved by the concerned Sectoral
Head and consistent with the Summary of Deliverables and Work and Financial
Plan, including, but not limited to the following tasks:

a. Review contracts that are subject of the SPLIT project

b. Prepare legal opinion during sourcing out of survey or bidding
c. Prepare, review, edit and finalize draft decisions, orders and resolutions
d. Review legal summaries of facts
e. Prepare/Review legal correspondences
f. Prepare/Review notices and reports
g. Prepare/Review and draft pleadings, deeds or other legal instruments
h. Assist in the conduct of dialogues and, if necessary, conduct mediation
between and among the ARBs/Co-owners listed in the Masterlist and other
persons who may have interest over the subject landholding
i. Undertake the cascading of the process for parcelization in order to have a
uniform procedure and address policy gaps;
j. Actively participate in the interagency tasking/meetings;
k. Coordinate with the other Central/Regional/or other Provincial CARP
implementing teams in the event that their participation are indispensable
in resolving a particular case or issue
l. Submit the Monitoring reports, liquidation report, if applicable, and other
reports as may be required by the Office

The aforementioned tasks must be submitted by the Legal Officer within a

reasonable period that will allow the Head of Office to resolve pending cases
within thirty (30) days after it is submitted for resolution, in accordance with
Section 51 of R.A. No. 66571. Likewise, documents covered by requested
transactions under R.A. No. 110322 must be submitted within a period that will

1
Republic Act No. 6657 “AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN REFORM PROGRAM TO PROMOTE
SOCIAL JUSTICE AND INDUSTRIALIZATION, PROVIDING THE MECHANISM FOR ITS IMPLEMENTATION, AND FOR
OTHER PURPOSES”
2
Republic Act No. 11032 “AN ACT PROMOTING EASE OF DOING BUSINESS AND EFFICIENT
DELIVERY OF GOVERNMENT SERVICES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO.
 allow the Office to finish the requested action within the three (3), seven (7), or
twenty (20)-day period as provided by the said law.

5. Qualification Requirements and Basis for Evaluation

5.1. Educational Qualification/ Eligibility

 Bachelor of Laws
 R.A. No. 1080 (Bar Passer)

5.2. Work Experience/ Required Knowledge and Skills

 Preferably with at least two (2) years work experience relevant field in land
registration, agrarian law implementation, or environmental laws and
safeguard processes;
 Laws and jurisprudence relating to the agrarian reform program, land titles
and deed, obligations and contracts, and property;
 Legal research and excellent writing skills;
 Excellent communication skills;
 Fluency in Filipino and English;
 Preferably can speak the local dialect of the region/province sought to be
assigned in;
 Effective decision-making skills;
 Ability to work under pressure;
 Computer literate, particularly in basic office functions;
 Ability to work independently with minimal supervision.

9485, OTHERWISE KNOWN AS THE ANTI-RED TAPE ACT OF 2007, AND FOR OTHER
PURPOSES”
 Support to Parcelization of Lands Individual Titling (SPLIT) Project
Evaluation Criteria
Position: FINANCE SUPPORT STAFF
Fund source: WORLD BANK LOAN PROCEEDS
Cut-off: 75%
Particulars Terms of Reference (TOR) General Specific
Requirement Weight
1. Education Educational Qualification 30%
 Bachelor of Laws/ R.A. No.
30%
1080 (Bar Passer)
 Bachelor of Laws/ Not Bar 0%
Passer

2. Experience Work Experience 70%

 With at least two (2) years 70%

work experience
 Less than two (2) years work 60%
experience

TOTAL 100%

Note: In all contracts, please ensure to include the following conditions:

1. Subject to performance evaluation every three months or every after end of contract.
2. Alternative Dispute Resolution. In the event of any controversy or claim arising out of or relating to
any provision of this Contract or the breach thereof, the parties shall be bound to settle the conflict/
dispute amicably between themselves. If negotiation between the parties fails for a mutually
acceptable solution/ settlement, the parties shall settle the same through Alternative Dispute
Resolution (ADR) before the designated Grievance Redress Mechanism (GRM) Focal Person having
jurisdiction over the area covered by the Project Management Office.