Retention Rights and Land Transactions
- Land transactions before June 15, 1988, must be registered by September 13, 1988, to be valid.
- Transfers of land up to five (5) hectares within the retention area and not exceeding ownership ceiling are legal but require DAR clearance for registration.
- Sales or transfers exceeding five (5) hectares are partially valid only up to the five (5) hectare limit, the excess land being covered under CARP.
- The law prohibits disposal of land beyond the ceiling, regardless of current titleholders.
- Any land registered in the name of the landowner after dispositions up to five (5) hectares is considered covered by CARP.
Prevention of Circumvention via Subdivision
- Subdividing agricultural lands into smaller lots to circumvent the retention limit is prohibited.
- The Joint Circular prescribes rules to prevent such circumvention.
Applicability of Subdivision Rules
- Applies to all titled agricultural lands in the CARPER LAD database.
- Applies to agricultural lands classified in the Tax Declaration exceeding five (5) hectares.
DAR Certification Requirement
- The LRA requires applicants for subdivision approval of agricultural lands to secure certification from the Provincial Agrarian Reform Officer (PARO).
- The certification verifies if lands are covered by CARP or may be subdivided without objection.
- PARO must issue certification within five (5) days after validation or receipt of DARPO investigation report.
Approval or Denial of Subdivision Application
- LRA generally approves subdivision plans compliant with law and not under CARP coverage.
- Where PARO certifies CARP coverage and objects, LRA may deny application but allows reconsideration for evidence presented.
- PARO’s non-objection certification leads to application approval.
- Applicants may contest denials with opportunity for DAR Provincial Office to respond.
Reporting and Monitoring
- PAROs required to submit monthly reports to LRA-CARP and DAR-Bureau of Land Development.
- Reports include Certificates of CARP Coverage (CCC) and Certificates of Non-CARP Coverage (CNCC).
Repealing Clause
- Supersedes inconsistent provisions of prior DAR administrative orders, joint DAR-LRA memoranda, and related issuances.
Separability Clause
- Constitutional invalidity of any part does not affect the validity of other provisions.
Effectivity
- The Joint Circular becomes effective ten (10) days after publication in two national newspapers.