Title
Revised Dar Rules on Reconveyance of Non-CARP Lands
Law
Dar Administrative Order No. 09,s. 1997
Decision Date
Dec 10, 1997
This administrative order outlines the procedures for the reconveyance of lands turned over to the Department of Agrarian Reform that are later found to be outside the coverage of the Comprehensive Agrarian Reform Program, ensuring that original transferors can reclaim their properties while providing options for affected agrarian reform beneficiaries.
reconveyance
administrative order
properties

Legal basis and covered government sources

  • Executive Order (E.O.) No. 407 requires government instrumentalities and certain government entities to execute Deeds of Transfer (DOTs) in favor of the Republic of the Philippines (R.P.), represented by the Department of Agrarian Reform (DAR), and to surrender ownership documents needed to effect transfer of ownership.
  • E.O. No. 448 amends E.O. No. 407 by requiring that reserved lands for specific public uses be segregated and transferred to DAR when they are no longer actually, directly and exclusively used or necessary for the reserved purpose, as determined by DAR in coordination with the agency concerned.
  • Section 19 of R.A. No. 6657 allows landowners other than banks and other financial institutions to voluntarily offer lands for sale to the government under the CARP.
  • The Order revises the rules under A.O. No. 3, series of 1996 on reconveyance of properties for the same factual and legal framework.

Policy, purpose, and reconveyance trigger

  • All lands turned-over by government instrumentalities and landowner-offerors under E.O. No. 407, as amended by E.O. No. 448, and under Section 19 of R.A. No. 6657, whose later-determined portions are outside CARP coverage, must be reconveyed to the original transferors.
  • Non-coverage for reconveyance is determined under any of these grounds:
    • The land or portion is no longer suitable for agriculture and thus could not be properly valued by the Land Bank of the Philippines (LBP), as determined by DAR/LBP.
    • The property is exempted from CARP coverage pursuant to Department of Justice Opinion No. 44.
    • A Presidential Proclamation declares the property for certain uses other than agricultural.
  • The reconveyance mode depends on whether the entire landholding is coverable, whether a title/CLOA already exists, and whether the reconveyance concerns an entire parcel or only a portion.

Coverage and scope

  • The guidelines cover:
    • All lands turned-over to DAR pursuant to E.O. No. 407, as amended.
    • Lands voluntarily offered by landowners pursuant to Section 19 of R.A. No. 6657, but later found outside the coverage of CARP.
  • The reconveyance framework applies regardless of whether reconveyance concerns entire landholdings or partial portions of landholdings.

Substantive rules on reconveyance

  • Reconveyance to the original transferor applies when portions of transferred lands are later found outside CARP coverage.
  • When reconveyance is needed and the matter involves titles or CLOAs, the Order governs reconveyance through one of these mechanisms:
    • If the entire landholding is not coverable and an R.P. title or Certificate of Land Ownership Award (CLOA) has been issued, the whole landholding is reconveyed to the concerned government instrumentality or landowner-offeror through a Deed of Reconveyance.
    • If the entire landholding is not coverable but no title has been issued in the name of R.P., the DOT must be rescinded by DAR through a Letter of Rescission to the concerned agency.
  • For partial coverage:
    • If a title or CLOA has been issued for the whole property, a segregation survey is conducted; the DOT is amended to include only the CARP-covered area; and the non-covered portion is reconveyed through a Deed of Reconveyance to the concerned government instrumentality or landowner-offeror.
    • If no R.P. title/CLOA has yet been issued, the DOT is amended via an amended DOT executed by both parties to reflect transfer of the agricultural portion to DAR for distribution to qualified agrarian reform beneficiaries (ARBs), while a regular title is issued by the Register of Deeds (ROD) for the segregated non-CARP covered area to the concerned instrumentality or landowner-offeror.
  • Cancellation of EPs/CLOAs required before physical reconveyance:
    • Emancipation Patents (EPs) or CLOAs already generated for lands to be reconveyed must be cancelled pursuant to Administrative Order No. 2, Series of 1994 prior to actual, physical reconveyance.
    • Cancellation is done through administrative proceedings when the EP/CLOA has not yet been registered with the ROD, and through quasi-judicial/judicial proceedings when the EP/CLOA has already been registered.
  • ARBs occupying reconveyance lands must receive assistance through the options below:
    • Relocation of ARBs to another CARP-covered site, if available.
    • Negotiation with concerned agencies for direct acquisition if ARBs want to buy the land.
    • For lands declared unproductive/not suitable for agriculture by DAR and LBP:
      • ARBs must be given one (1) year to make the land productive, subject to approval of the landowner.
      • After one (1) year, the Municipal Agrarian Reform Officer (MARO) must conduct a re-investigation to determine productivity.
      • If productive, the MARO must request the Regional Director (RD), through the Provincial Agrarian Reform Officer (PARO), to convene a composite team composed of DAR, LBP, DENR, and DA representatives designated by their respective regional heads, to conduct a joint review and ocular inspection for possible distribution to ARBs under CARP.
    • If LBP identifies land as non-suitable for agriculture during ocular inspection but ARBs have subsequently made it productive by the time or prior to issuance of the Order, as determined by the MARO through an investigation:
      • The MARO must likewise request the RD through the PARO to convene the same composite team for the same purpose.
    • Under the prior two items, the DAR Secretary may issue an Order of Coverage if, after proper investigation, the Secretary finds the areas beneficial for agricultural production and coverage redounds to the best interest of ARBs, provided ARBs agree in writing to purchase the areas at values determined by LBP, subject to the affordability provision.
  • Refund of amortization:
    • Any amortization payments made by farmer beneficiaries to LBP for reconveyance-required landholdings must be refunded to the concerned amortizing farmers.

Filing of petitions and DAR investigation

  • Any party in interest must file a petition for reconveyance of a particular landholding or portions thereof with the provincial, regional, or national offices of DAR.
  • The petition must cite the petitioning party’s specific reasons for requesting reconveyance.
  • The DAR Provincial Office (DARPO) must conduct an investigation to determine whether the landholding, or portions thereof, sought for reconveyance are outside CARP coverage.
  • The DARPO, through its designated E.O. No. 407/448 Provincial Action Officer and Chief of Operations for CARP, must secure supporting documents, including:
    • A certification from the Department of Agriculture that the subject landholding is no longer suitable for agriculture.
    • A certification from the Housing and Land Use Regulatory Board (HLURB) that the subject landholding is already classified as non-agricultural.
    • Presidential Proclamations declaring certain areas for use other than agricultural.
  • After a determination of non-coverage, the Provincial Agrarian Reform Officer must submit supporting documents and recommend to the Regional Director the issuance of the Order of Reconveyance.

ARB option handling during reconveyance

  • If ARBs occupy lands for reconveyance, ARBs may request the MARO or PARO to avail of the options under the Order’s ARB assistance provisions.
  • If ARBs request MARO/PARO assistance, MARO/PARO must:
    • Conduct an investigation/inspection of the land.
    • Discuss with concerned ARBs the options the ARBs wish to pursue.
    • If ARBs decide for productivity/moratorium and review options, negotiate with concerned agencies for a moratorium to make the land productive within a year’s time.
    • Assist ARBs seeking relocation to another CARP-covered site or assist with negotiation for direct buying by ARBs.

Reconveyance instrument preparation and registration

  • After the Regional Director (RD) issues an Order of Reconveyance, the DARPO must complete the implementing actions:
    • Conduct a segregation survey when only portions of the land area covered by a title are to be reconveyed.
    • Cancel EPs and CLOAs:
      • Through administrative proceedings when generated EPs/CLOAs are not yet registered.
      • Through quasi-judicial/judicial proceedings when EPs/CLOAs are already registered.
    • Draft and prepare the appropriate reconveyance instrument—Deed of Reconveyance, amendment to DOT, or Letter of Rescission—and submit it with supporting documents to the official authorized to sign.
  • The DAR official authorized to sign is the DAR office that previously signed the relevant Deed of Transfer, which remains vested with the authority to sign reconveyance instruments; for VOS lands, the PARO signs the reconveyance instrument.
  • If titles have already been transferred in the name of R.P. or to the agrarian reform beneficiaries, the DARPO must submit and register the Deed of Reconveyance or amended DOT with the ROD, together with:
    • A print copy of the approved subdivision plan, and
    • The technical description of the lands.
  • The DARPO must furnish copies of the reconveyance instruments—Deed of Reconveyance, Letter of Rescission, or amended DOT—to concerned government instrumentalities and/or the landowner-offeror, to the Bureau of Land Acquisition and Distribution (BLAD), and to the DAR Regional Office (DARRO).
  • The DARPO must notify the LBP about reconveyances requiring refund of amortization payments and must submit supporting documents to LBP; LBP must initiate refund of amortization payments under its existing rules and regulations.

Timelines, motions, appeals, monitoring

  • All necessary procedures and actions for reconveyance to concerned agencies and landowner-offerors must be completed within ninety (90) days from receipt of the petition for reconveyance.
  • For decisions on reconveyance, any party in interest who disagrees may file:
    • A motion for reconsideration with the Regional Director (RD), and
    • An appeal to the Secretary
    • in accordance with Section III of Administrative Order No. 9, Series of 1994, governing RD authority over protests involving coverage of land under R.A. No. 6657 or P.D. No. 27 and defining appeals from RD to the Secretary.
  • The Bureau of Land Acquisition and Distribution must monitor implementation of these guidelines.

Administrative consequences and revocation

  • The process provides for administrative proceedings for EP/CLOA cancellation when not yet registered and quasi-judicial/judicial proceedings when already registered.
  • Orders, circulars, rules, and regulations inconsistent with the Order are revoked, amended or modified accordingly through the effectivity clause.

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