HOW TO apply for land transfer clearance

Compiled by Ryan Jay T. Gargaritano

Land transactions involving private agricultural lands with no Notice of Coverage issued pursuant to R.A. No. 6657, as amended, or not covered by any agrarian reform program, may be transferred and registered by the Register of Deeds only after issuance of a DAR Land Transfer Clearance (LTC). The process flow, as well as the documentary requirements, in applying for this LTC is described under DAR A.O. No. 04, Series of 2021 as follows:

Checklist Of Requirements

1. Notarized application. (LTC Form No. 1)

2. Original copy of the notarized document to be registered (Deed of Conveyance)

Where To Secure

Parties to the deed or their authorized representative (Form is available at DAR offices)

Parties to the deed or their authorized representative (Form is available at DAR offices)

3. Electronic copy of the OCT/TCT issued by the ROD not later than 6 months from date of application Register of Deeds

4. Certified true copy of the current Tax Declaration in case the land is untitled Municipal/City Assessor’s Office

5. Affidavit of Transferor expressly stating that the subject land is: a. His/her retention area; b. Not tenanted or if tenanted, has complied with the tenants’ right of preemption or redemption as stipulated under Sections 11 and 12 of R.A. No. 3844, as amended, and attach the required Written Notices to the concerned tenants and proof of their receipt; and c. There is no pending case before the regular courts or any other tribunal involving the land subject of the transaction. If there is a case before the regular courts or any other tribunal, the same had been decided with finality.

6. Affidavit of aggregate landholding executed by the Transferee including his/her spouse, if married, attesting that the Transferee and his/her spouse, if married, has or have not exceeded the landownership ceiling or limit of ownership (5 hectares) as provided under Section 6 of R.A. No. 6657, as amended

7. Certification (LTC Form No. 2) by the MARPO or official designated by the PARPO II expressly stating the following: a. Presence or absence of agricultural tenants and leaseholders, farmworkers, actual tillers, and occupants, and other directly working in the subject land; b. Any actual change of use, premature conversion/development of the land without the required Order of Conversion from the DAR; and/or c. Any form of conflict of claims involving the land by and between the families or third person claimant.

8. Original or certified true copy of Certificate of Aggregate Landholding of both the Transferor and Transferee (including their spouses) from the Municipal, City and Provincial Assessors where the subject land is located and where the Transferor and Transferee resides (as stated in the Deed) not later than 6 months from date of application

9. If applicant is a juridical entity, submit Secretary’s Certificate or Board Resolution.is available at DAR offices)

10. If application is made through an authorized representative, submit a Special Power of Attorney

Transferee and spouse, if married

Process Flow Client Steps Dar Actions

1. Submit application with attached required documents in a folder to the DAR Provincial Office (DARPO).

2. Proceed to Cash Section and present the duly signed Payment Slip / Order of Payment Form and pay the necessary fees.

3. Attach the Official Receipt (OR) to the application and submit the same to the Records Section.

4. Client request release of DAR clearance

Dar

Duly authorized Legal Officer receives the application and evaluates the completeness of attached documents

(a). If the application is not complete, return to the applicant for compliance of the lacking documents. (b). If the application is complete, duly authorized Legal Officer facilitates the preparation of Order of Payment.

Cash Section issues Official Receipt for DAR Clearance Certification

Records Section receives the application and log/record in the Official Record Book/ Official Document Tracking System. The application is then endorse to the Office of PARPO II

Office of the PARPO II forwards the application to Legal Division and request for an Investigation Report (IR) .

Legal Officer reviews and evaluates the DAR clearance application folder including the IR requested. Duly authorized Legal Officer prepares completed staff work (CSW) for the PARPO II with prepared DAR clearance certification. If denied, the same is without prejudice to refiling.

Final review of the DAR application folder, CSW and DAR clearance certification by Head of Legal Division

Legal Division forwards the DAR application folder, CSW with attached Certification to the Office of the PARPO II. Sign the certification whether approved or denied

Office of the PARPO II forwards the signed document (DAR Clearance) to the Legal Division

Legal Division receives the signed DAR Clearance and prepares for release

Legal Division releases the DAR Clearance and require the client to sign the Logbook

Their prized possession: A bundle of hope for the next generation

by Christhel F. Batayola

They have thought of hopeless thoughts before…now they are tilling a land in their own name, written in black and white. A piece of paper they only hold in their hands, the same paper holds their future.

Transferor

Municipal, City and Provincial Assessor’s Office

The landholding formerly owned by Albino Dela Cruz Jr. and Victor Bedonia Sr. with a total land area of 72.8498 hectares, located at Brgy. San Isidro, Toboso, Negros Occidental was parcelized and is now in possession of ninety-four (94) Agrarian Reform Beneficiaries (ARBs) who were once landless farmers. Being installed as new property owners by the Department of Agrarian Reform (DAR) Negros Occidental 1 gave them a sense of pride.

Municipal Agrarian Reform Program Officer (MARPO) Heide A. Pasiosane exclaimed, “At last! Congratulations! You are now recognized as the new landowners. May you continue to cultivate the lands you now own. May you have an abundant harvest ahead and rest assured that DAR will continue to provide you with the support services you will need.”

Chairman of the said ARB Organization, Lydia Perez thanked the DAR Negros Occidental 1 for implementing the program. She said that the land they have been yearning to acquire was finally awarded to them. “We will cultivate this land so we may have bounty. This will help our families in many ways to improve our quality of lives,” she added.

Applicant’s authorized representative

Applicant’s authorized representative

The same 94 new landowners are beneficiaries of the agency’s support services. Following its vision of providing a just, safe, and equitable society that upholds the rights of tillers to own, control, secure, cultivate, and enhance their agricultural lands for a better quality of life towards rural development and national industrialization. Some may have been scared of what comes next in their journey of managing their own lands, which is why the agency ensures land security and in providing them with the necessary resources needed for economic productivity.

Joy Bandiola, one of the ARBs, also thanked DAR Negros Occidental through MARPO Heide Pasiosane. She said that the small portion of land awarded to them would be a great benefit to their livelihood.

Their prized possession is a bundle of hope for the next generation. It is also the agency’s legacy of upholding and implementing equitable land distribution and ownership. Every time your eyes meet the green pastures, dwell upon the truth that Comprehensive Agrarian Reform is alive and flourishing!