Title
DAR Guidelines on Voluntary Land Transfer
Law
Dar Administrative Order No. 08
Decision Date
Dec 10, 1997
Revised guidelines facilitate the voluntary transfer and direct payment for compensable agricultural lands under the Comprehensive Agrarian Reform Program, ensuring fair terms for beneficiaries while outlining procedures for landowners and agrarian reform beneficiaries.

Beneficiary Eligibility and Policy

  • Beneficiaries under VLT/DPS are the same as under compulsory acquisition or voluntary offer to sell.
  • No beneficiaries related to the landowner within the 2nd degree of consanguinity, except established tenancy before June 15, 1988.
  • ARBs opting for VLT/DPS get priority for immediate CLOA issuance; others processed normally under existing rules.
  • VLT/DPS terms must be no less favorable than government’s standing offer.
  • Direct payment terms become binding once approved or presumed approved after 30 days without disapproval.
  • Immediate transfer of possession and ownership is required; CLOAs issued with annotations.

Default and Sanctions

  • Defaulting ARBs by 3 consecutive missed payments or violations are disqualified permanently and CLOA canceled.
  • Disqualified beneficiaries’ payments forfeited as lease rentals; lands redistributed to qualified heirs or new beneficiaries who assume terms.
  • Defaults due to force majeure grant a grace period of at least one year.
  • Amount paid and improvements credited to heirs or reimbursed if transferee is not an heir.

Payment and Transfer Restrictions

  • Payments must be properly documented with receipts issued by landowners.
  • Certificate of Full Payment issued after full payment; encumbrance cancellation coordinated with Register of Deeds.
  • Lands acquired under VLT/DPS cannot be sold/transferred except by inheritance, government transfer, or qualified beneficiaries for 10 years.
  • Spouse/children may redeem land within 2 years.

Explanation, Taxation, and Mortgages

  • MARO to explain the agreement in local dialect before signing.
  • Landowner must clear tax delinquencies before registration; if unable, ARB may pay taxes with Municipal Treasurer's conformity as part of agreement.
  • Realty tax responsibility transfers to ARB after award.
  • Mortgaged lands with financial institutions not eligible for VLT/DPS.

Coverage

  • Applies to all private agricultural lands subject to acquisition under CARP.

Required Documents for VLT/DPS Agreement

  • For titled lands: title owner’s copy, latest tax declaration, subdivision plan, tax clearance, certification free from liens.
  • For untitled lands: certifications from CENRO, survey plans, acquisition instruments, certificates of non-involvement in cases, certifications ensuring no liens, LRA certification.
  • For foreclosed lands: mortgagee’s title and related documents.

Operating Procedures

  • Landowner initiates negotiations and submits application with required documents to MARO.
  • MARO reviews, posts notice for 15 days, investigates, certifies posting, convenes conference for signing, prepares folder for PARO.
  • PARO records, reviews, approves or disapproves within 30 days, directs survey and transfer execution, issues CLOA with lien annotation, registers documents with Register of Deeds.
  • Registration exempt from capital gains tax, fees.
  • MARO distributes titles and monitors payment compliance.

Reporting and Monitoring

  • PARO submits quarterly status reports to Undersecretary for Field Operations through Regional Director.
  • MARO reports ARBs who fully paid and titles whose liens have been canceled.

Transitional Provisions

  • VLT/DPS documentation already pending in DARRO processed under previous rules; new submissions governed by this order.

Repeal and Effectivity

  • All inconsistent orders, regulations revoked or amended.
  • Effective 10 days after publication in two national newspapers per Section 49, R.A. 6657.

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