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)

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

4. Certified true copy of the current Tax Declaration in case the land is untitled

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

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)

Register of Deeds

Municipal/City Assessor’s Office

Transferor

Transferee and spouse, if married

Municipal, City and Provincial Assessor’s Office

Applicant’s authorized representative

Applicant’s authorized representative

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.

DAR Negros 1

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

:An aid to needy farmers

If justice is a lady, she, wear long white gown – as the song goesbreathed love in far-flung areas of Negros Occidental.

That is because the Justice on Wheels is catering to more beneficiaries in remote areas who have limited access to law and justice

The Legal Assistance Division (LAD) of Department of Agrarian Reform (DAR) of Negros Occidental 1 is not deaf and blind. Thus, the late Chief Legal of LAD spearheaded the innovation of Agrarian Justice on Wheels in 2018 as an inexpensive tool of administering agrarian justice. Remote areas covered by DAR Negros Occidental-North were reached by driven legal officers who were not hesitant to walk in kilometers under the heat of the sun and sometimes with heavy rain just to deliver agrarian justice. Farmer beneficiaries were glad to welcome the legal officers in their humble abode. Numerous conflicts such as boundary disputes, overlapping of lots, non-payment of rentals, ejectment, non-payment of disturbance compensation and others were immediately resolved through mediation and conciliation.

Relevant topics such as Violence against Women and Children or Republic Act (RA) 9262; Bawal Bastos Law or the RA 11313 and the Comprehensive Agrarian Reform Program or the RA 6657 were also discussed to clear some gray areas in the minds of the farmers.

Punong Barangay Jude A. Abellana of Barangay Katilingban in Talisay City was ecstatic to welcome DAR personnel, who brought the Justice on Wheels in his barangay. “Thank you for coming in our place, it is a big help to the farmers in the barangay”,Abellana said.

At present, the newly appointed Chief of LAD-North, Atty. Felix Glenn C. Mendoza is committed to continue and even enhance the justice on wheels.

And as a reward to the great effort of LAD in coming up with the said activity, it was recognized by the DAR Regional Office as second in the highest number of mediation cases in an awarding ceremony in Iloilo City in January 2023.

by Amarie G. Perez