Law Summary
Policy on Transfer and Land Use Maintenance
- Transfers must be cleared by the Department of Agrarian Reform (DAR).
- The productivity of the awarded lands must be maintained; conversion or change in agricultural use requires DAR approval.
- Prime agricultural lands classified under A.O. No. 20, Series of 1992 are non-negotiable for conversion and this restriction is annotated on the title.
- Transfers must comply with landowner aggregate ceiling laws and a maximum ownership ceiling of five (5) hectares applies.
Conditions for Transfer Based on Tenancy Status
- For awardees identified as tenants by October 21, 1972, transfer is allowed after full amortization, regardless of Emancipation Patent issuance date.
- For lands identified as tenanted after 1972, transfers are only allowed after ten (10) years from tenant recognition.
- Transfer actions involving reallocatees require a ten-year wait post-recognition, except for transfers by heirs through succession.
Transfer Certificate and Ownership Ceilings
- The Land Registration Authority (LRA) issues new Transfer Certificates of Title for transferred lands.
- No individual may own more than five (5) hectares under the ownership ceiling rules.
- Disposal of awarded land disqualifies the party from further benefits under the Comprehensive Agrarian Reform Program (CARP).
Procedural Requirements for Transfers
- The transferor must file a written request at the DAR Municipal Office with supporting documents including:
- Certificate of full amortization payment from LBP or DAR
- Certifications on irrigation fee payment, loans, and tax clearance
- Affidavit of no pending legal cases over the land
- The DAR Municipal Office processes and verifies documents, requiring the transferee to submit:
- Affidavit of aggregate agricultural landholding
- Certified income tax return, residence certificate, and provincial assessor certification on landholdings
- The documents and recommendations move sequentially from Municipal Office to Provincial Office then Regional Office for review and approval.
- The Regional Director has authority to approve/disapprove; decisions can be appealed to the DAR Secretary within fifteen (15) days.
Monitoring, Reporting, and Effective Enforcement
- Regular reports on transfer transactions must be submitted for monitoring to the Office of the Undersecretary for Field Operations.
- Inconsistent prior orders and circulars are repealed or amended accordingly.
- The guidelines take effect ten (10) days after publication in two national newspapers.
This comprehensive framework governs the transferability of lands awarded under agrarian reform laws, ensuring land use preservation, compliance with ownership ceilings, and procedural rigor for legal transfers.