Title
Subdivision Plan Approval for Agricultural Lands
Law
Joint Dar-lra Memorandum Circular No. 02, S. 2013
Decision Date
Jan 9, 2013
The Joint DAR-LRA Memorandum Circular No. 02, S. 2013 establishes rules and procedures for the approval of subdivision plans for agricultural lands, ensuring compliance with the Comprehensive Agrarian Reform Program by requiring certifications from the Provincial Agrarian Reform Officer to prevent circumvention of land ownership limits.
A

Q&A (JOINT DAR-LRA MEMORANDUM CIRCULAR NO. 02, S. 2013)

CARP covers all private lands devoted to or suitable for agricultural purposes, specifically lands in excess of five (5) hectares as of June 15, 1988.

The landownership ceiling for agricultural lands is set at five (5) hectares per person, natural or juridical, effective June 15, 1988.

Yes, a DAR clearance is required for monitoring and as a prerequisite to register the title in the name of the transferee, even if the landholding involved is five (5) hectares and below, provided the transferee does not exceed the five-hectare limit.

Only the first five (5) hectares sold and conveyed with corresponding titles are considered valid and treated as the retention area. Any excess are covered under CARP regardless of the current titleholder's ownership.

To establish rules and procedures governing applications for approval of subdivision plans by the LRA and Registrars of Deeds where the subject properties are agricultural lands, preventing circumvention of retention limits under CARP.

Agricultural lands listed in the CARPER LAD database or agricultural properties classified as agricultural in the Tax Declaration in excess of five (5) hectares require DAR Certification.

The PARO shall issue the Certification within five (5) days from final validation or submission of findings and recommendations concerning the subject land.

The LRA may deny the application if the PARO certifies that the landholding is covered under CARP and objects to the subdivision. This denial can be reconsidered upon presentation of evidence and hearing.

PAROs must submit a monthly report to the LRA-CARP and DAR-Bureau of Land Development listing all Certificates of CARP Coverage or Certificates of Non-CARP Coverage issued pursuant to this Joint Circular.

It repeals, modifies, or amends provisions of DAR Administrative Order No. 1, s. 1989, Joint DAR-LRA Memorandum Circular No. 09, s. 1996, and other inconsistent orders or issuances.


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