Question & AnswerQ&A (DAR ADMINISTRATIVE ORDER NO. 08, s. 1995)
The awardee/transferor must file a written request attaching: 1) Certificate of Full Payment of Amortization from LBP or DAR; 2) Certification of Full Payment of Irrigation Fees (NIA); 3) Certification regarding Loans (equipment, production, etc. DAR/LBP); 4) Tax clearance from the Treasurer's Office; 5) Affidavit stating no pending cases related to the property at DARAB, DAR, Courts, or Office of the President.
Lands awarded to ARBs can be transferred only after a DAR clearance is issued, the buyer does not exceed the landowner ceiling by law, the ownership ceiling of five hectares is observed, and the productivity of the land is maintained with no change in land use except with DAR approval.
No person shall be allowed to own more than five (5) hectares of land awarded under RA No. 6657.
No, the productivity of the subject land must be maintained. Any change in its nature or conversion is not allowed except with the approval of the DAR under its rules on conversion or exemption.
The transfer of awarded lands is prohibited for ten (10) years from the date of recognition of tenants (per Order of Placement) or reallocatees (per Order of Reallocation). Transfer after full payment of amortization is only allowed after this period, except in cases of transfer by succession to heirs.
An awardee who disposes of his/her landholding is no longer qualified to become a beneficiary under CARP.
The DAR Municipal Office processes and reviews documents, the Provincial Office reviews and evaluates and forwards documents to the Regional Office, which prepares a draft decision. The Regional Director signs the order, which can be appealed to the DAR Secretary through the Bureau of Agrarian Legal Assistance within 15 days.
No, transfers under PD No. 27, as amended, are allowed only after full payment of amortizations except for transfer by hereditary succession or to the government.
The policy is that lands awarded to ARBs may be transferred only with DAR clearance, productivity of the land must be maintained, ownership ceilings observed, and prime agricultural lands are non-negotiable for conversion to preserve such lands.