January 20, 2003
DAR OPINION NO. 02-03
MEMORANDUM
FOR : PARO Mcmillan Lucman
DARPO Lanao del Norte
Magta-as Bldg., Tibanga Highway
Iligan City
SUBJECT : Issuance of DAR Clearance on Small Portions of Agricultural Lands
This refers to your letter requesting for opinion/definitive guideline on whether or not DAR clearances can be issued on small portions of agricultural lands sold by landowners. HDIATS
You stated that some landowners sold portions of their agricultural lands by square meters such as 125 square meters, 200 square meters, etc.; that they requested you to issue a DAR clearance as required by the Register of Deeds for transfer of title; that you are hesitant to issue the same on the ground that the areas subject of the transaction are so minimal that no agricultural activity can be undertaken on them; and that it might be a way of circumventing the law by selling small portions of lands without applying for conversion order.
Please be informed that provided there is no violation of the provisions of Sections 6, 70 and 73 (a) of R.A. No. 6657 as regards the 5-hectare retention limit and landownership ceiling, DAR clearance may be issued pursuant to the provisions of DAR Administrative Order No. 1, series of 1989 (Rules and Procedures Governing Land Transactions). However, the productivity of the land shall be maintained and any change in the nature of its use shall not be allowed except with the approval of the DAR under its rules on conversion or exemption.
Thus, in the DAR clearance itself, the aforesaid condition shall be stated with the colatilla that the clearance does not constitute as an authority to convert the land into non-agricultural use and, that, if the intention of the applicants for DAR clearance is to convert the land into non-agricultural use, they should still apply for conversion.
Be guided accordingly.
(SGD.) VIRGILIO R. DE LOS REYES
Undersecretary for Policy, Planning
and Legal Affairs Office