QuestionsQuestions (DAR ADMINISTRATIVE ORDER NO. 08, s. 1995)
To provide rules and procedures governing the transferability of lands awarded to Agrarian Reform Beneficiaries (ARBs), clarifying the application of P.D. No. 29 as amended by E.O. No. 228 and R.A. No. 6657, including documentary requirements and administrative steps.
Only after the issuance of a DAR clearance.
No. The productivity of the land must be maintained, and any change in the nature of use is not allowed except with DAR approval under its rules on conversion or exemption.
They are non-negotiable for conversion, and the non-negotiability shall be annotated at the back of the TCT by the Register of Deeds.
Productivity must be maintained; the buyer must not exceed the aggregate landowner ceiling under law; and the five (5) hectare ownership ceiling must be imposed.
Transfer by the original tenant or his/her heirs may be allowed regardless of the date of issuance of the Emancipation Patent, provided amortizations are fully paid.
Only after the lapse of ten (10) years from the date of recognition of the tenants stated in the Order of Placement issued pursuant to DAR Memorandum Circular No. 2, s. 1978.
Transfer may be allowed provided ten (10) years have elapsed from the date of recognition of the reallocatee as stated in the final Order of Reallocation issued by the RD/DAR Secretary.
No. Succession by an heir is not subject to the 10-year period prohibition.
No person shall own more than five (5) hectares. Transfers that would violate this ceiling should not be approved.
An awardee who disposes of his/her landholding shall no longer be qualified to become a beneficiary under CARP.
A written request to the DAR Municipal Office (DARMO) attaching: (1) Certificate of Full Payment of Amortization; (2) certification of full payment of irrigation fees (NIA); (3) certification regarding loans (equipment/production, etc. DAR/LBP); (4) tax clearance; and (5) an affidavit that there is no pending case at DARAB/Adjudicators, DAR, courts, or Office of the President.
An affidavit of aggregate area of agricultural landholding; a certified copy of income tax return; residence certificate; and a certification from the Provincial Assessor’s Office regarding the extent of agricultural landholding within the province.
DARMO forwards recommendations within 15 days; DARPO forwards within 10 days (or returns for further action if not in order); the DAR Regional Office prepares a draft decision within 5 days from receipt; and the Regional Director signs approval/disapproval and allows appeal within 15 days from receipt.
It may be appealed to the Secretary through the Bureau of Agrarian Legal Assistance (BALA) within 15 days from receipt of the order.