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.