December 18, 1995
DAR ADMINISTRATIVE ORDER NO. 08-95
RULES AND PROCEDURES GOVERNING THE TRANSFERABILITY OF LANDS AWARDED TO AGRARIAN REFORM BENEFICIARIES (ARBS) PURSUANT TO PRESIDENTIAL DECREE NO. 27, AS AMENDED BY EXECUTIVE ORDER NO. 228 AND REPUBLIC ACT NO. 6657
2. It shall be understood that although the transfer of awarded land is allowed, the productivity of the subject land 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.
a. that the productivity of the land shall be maintained;
b. that the buyer will not exceed the aggregate landowner ceiling provided by law; and
c. that the ownership ceiling of five (5) hectares shall be imposed.
4. If awardee was identified as tenant as of 21 October 1972 and amortizations were fully paid, transfer of awarded lands by the original tenant or his heirs may be allowed, regardless of date of issuance of Emancipation Patent (EP). (P.D. No. 27, as amended by E.O. No. 228)
5. If the land was identified as tenanted after 1972, the transfer may be allowed only after the lapse of ten (10) years from the date of recognition of the tenants as stated in the Order of Placement issued pursuant to DAR Memorandum Circular No. 2, Series of 1978. (P.D. No. 27, as amended by E.O. No. 228)
6. If awardee is a transfer action reallocatee pursuant to an Order of Reallocation, transfer may be allowed provided ten (10) years have elapsed from the date of recognition of the reallocatee as stated in the final Order of Reallocation issued by the Regional Director (RD)/DAR Secretary. However, transfer to a reallocatee by virtue of succession by an heir shall not be subject to the ten (10) year period prohibition. (P.D. No. 27, as amended by E.O. No. 228 and R.A. 6657)
8. No person shall be allowed to own more than five (5) hectares pursuant to the ownership ceiling as provided under R.A. No. 6657.
9. An awardee who shall dispose of his/her landholding shall no longer be qualified to become a beneficiary under CARP.
A. The awardee/transferor shall file with the DAR Municipal Office (DARMO) a written request to transfer his/her awarded landholding, attaching the following required documents:
1. Certificate of Full Payment of Amortization to be issued by the LBP on lands financed by the said bank or by DAR in the case of lands covered by the Voluntary Land Transfer/Direct Payment Scheme (VLT/DPS);
2. Certification regarding Full Payment of Irrigation Fees (NIA);
3. Certification regarding Loans (equipment, production, etc. DAR/LBP);
4. Tax clearance (Treasurer's Office); and
5. Affidavit of the transferor stating that the subject property has no pending case at the DARAB or any of its Adjudicators, the DAR, the Courts or at the Office of the President cDCaTS
B. DAR Municipal Office (DARMO) shall:
1. process and review the documents submitted by the transferor;
2. require the buyer-transferee to submit the following required documents:
a. Affidavit of Aggregate Area of Agricultural Landholding
b. Certified copy of Income Tax Return
c. Residence Certificate
d. Certification to be issued by the Provincial Assessor's Office, regarding the extent of agricultural landholding within the province; and
3. forward the documents, together with his/her recommendations to the DAR Provincial Office (DARPO) within fifteen (15) days upon receipt of the application.
C. DAR Provincial Office (DARPO) shall:
1. review and evaluate the documents and recommendations of the DARMO; and
2. if found in order, forward the same together with its recommendations to the DAR Regional Office, within ten (10) days upon receipt for proper action, otherwise return the application together with the supporting documents to the DARMO for further action.
D. DAR Regional Office through the Legal Division shall: TIHCcA
1. review and evaluate the documents and recommendations of the DARPO;
2. if found in order, prepare a draft decision within five (5) days from receipt of the same for consideration and signature of the Regional Director, otherwise return the application together with the supporting documents to DARPO for further action;
3. the Regional Director shall sign the order of approval or disapproval and forward the signed order to the Legal Division for proper disposition. Copies of the order shall be furnished the parties concerned, DARPO and DARMO; and
4. the decision of the Regional Director may be appealed to the Secretary through the Bureau of Agrarian Legal Assistance (BALA) within fifteen (15) days from receipt of the order.
MONITORING AND REPORTING
(SGD.) ERNESTO D. GARILAO