Title
DAR Procedures on Collective CLOAs Issuance
Law
Dar Administrative Order No. 03
Decision Date
Apr 16, 1993
This administrative order establishes the rules and procedures for issuing collective Certificates of Land Ownership Award (CLOAs) to Agrarian Reform Beneficiaries, allowing for co-ownership and subsequent individual titles while ensuring the protection of members' interests within cooperatives and farmers' associations.

Law Summary

Coverage: Scope of Application

  • Applies to private agricultural lands.
  • Includes public lands within DAR settlement projects.
  • Also lands turned over to DAR by other government agencies (per EO No. 407, as amended by EO No. 448).

Policy Statements: Guiding Principles

  • Collective CLOAs issued to cooperatives or associations including names of individual members as co-owners.
  • Cooperative formation encouraged if nonexistent, preferably with NGO assistance.
  • If CLOA issuance to cooperatives not possible, issue collective CLOA on co-ownership basis indicating ARBs' occupied area.
  • Collective co-ownership CLOAs cover CARPable lands (private/public lands under DAR jurisdiction).
  • Total awarded area under a collective CLOA cannot exceed number of co-owners multiplied by 3 hectares, except in meritorious cases by PARC.
  • Subdivision of lands covered by collective CLOAs based on actual ARB occupancy, max 3 hectares per ARB.
  • Cooperative CLOAs can be subdivided by member shares if economically feasible.
  • DAR may issue individual CLOAs within 10 years on ARB request, with approved subdivision plan and Deed of Partition.
  • Subsequent individual CLOAs issued on Transfer Certificate of Title (TCT-CLOA Forms), registered with Register of Deeds (ROD).
  • After 10-year alienation restriction (Section 27, RA 6657), individual titles issuance follows Land Registration Authority procedures.
  • The 10-year restriction reckons from issuance of collective CLOA.

Procedures: Administrative Steps

  • DAR ensures annotation of cooperative/association and individual members with fractional shares on collective CLOA.
  • Distribution follows procedures in A.O. Nos. 9/1989 and 3 & 10/1990.
  • Subdivision process initiated by co-owner request to PARO, then DARRO awards or executes subdivision survey.
  • DENR verifies and approves subdivision survey.
  • PARO prepares notarized Deed of Partition signed by all co-owners specifying lot and area.
  • Owners' duplicate collective CLOA certificates retrieved for cancellation by ROD.
  • Individual TCT-CLOAs generated per approved plan using Judicial Forms (140-A for private land, 109-A for DAR estates).
  • CLOAs, Deed of Partition, subdivision plan transmitted to ROD for registration; duplicate CLOAs canceled.
  • Registered individual CLOAs recorded and transmitted to MARO for distribution.
  • DENR's role in verification and furnishing approved subdivision plans to DAR.
  • ROD cancels collective CLOA and registers individual CLOAs, transmitting duplicates to PARO for redistribution.

Reporting and Monitoring: Accountability and Funding

  • Collective CLOA landholdings reported separately when subdivided and individual CLOAs issued.
  • Activities under these rules included in DAR office programs for funding and monitoring.

Effectivity: Implementation and Amendments

  • Inconsistent prior orders amended, modified or revoked.
  • This Order effective 10 days after publication in two national newspapers.
  • Adopted on April 16, 1993 by DAR Secretary Ernesto D. Garilao.

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