DAR shortens process of securing clearance for transfer of private agri lands

THE Department of Agrarian Reform (DAR) has eliminated unnecessary procedures to streamline the process of securing clearances for the transfer of agricultural lands not covered by Comprehensive Agrarian Reform Program (CARP).

“We have reduced the number of processing days in compliance with certain provisions of the government which require the revision of existing rules and guidelines on the transfer of agricultural lands and also to adjust to the new normal brought about by the Covid-19 pandemic,” DAR Secretary John Castriciones said in a statement.

The DAR chief is referring to the following provisions: Republic Act (RA) 11032, or the “Ease of Doing Business and Efficient Government Service Delivery Act of 2018” which amends RA 9485 or the Anti-red Tape Act of 2007; Proclamation No. 922, Series of 2020, “Declaring a State of Public Emergency Throughout the Philippines,”; Proclamation 929, Series of 2020, “Declaring a State of Calamity throughout the Philippines due to Corona Virus Disease 2019 (Covid-19),”; and RA No. 11494, otherwise known as “The Bayanihan Act II.”

He said the administrative order applies only to land transactions involving private agricultural lands which have not been issued with a Notice of Coverage (NOC).

“The issuance of the Land Transfer Clearance (LTC) on this Administrative Order excludes agricultural lands covered under any other agrarian reform program, under Presidential Decree (PD) 27, RA 6657, as amended, and land transactions with exemption/ exclusion/conversion orders issued by the DAR.”

The applicant-transferor and transferee, or the duly authorized representative shall file a written application or request for the issuance of LTC before the DAR Provincial Office (DARPO) where the property is registered with the Register of Deeds.

“The DAR will not accept any written applications or requests filed personally or through e-mail unless all the mandatory documentary requirements and proof of payment of filing fee as specified under Section 10 are submitted and attached,” Castriciones said.

Castriciones said the electronic copy of all applications or requests and their annexes shall be accepted only in a PDF form. The DAR office shall subsequently require the submission of the hard or printed copies of the submitted documents via registered mail or by personally submitting the same directly to the DAR to verify the authenticity of the documents.

The applicants may also store the files, applications, or requests and documentary requirements, in a portable storage device, such as USB flash drives, compact discs (CD), or digital versatile discs (DVDS) which should be properly labeled as to their contents and submit the same to the DARPO in a sealed envelope through the Postal Office or by any other accredited couriers.

A filing fee of P2,000 for every land transaction shall be collected by the issuing DARPO through its cashier or through online banking, and deposited to the Bureau of the Treasury local accounts.

“The applicants or any person adversely affected by the LTC may file an original Agrarian Law Implementation (ALI) case before the Office of the Regional Director pursuant to DAR AO 03, Series of 2017,” he said.

The duly signed Certification on the LTC issued by the PARPO II shall remain effective for a period of six months immediately after its issuance.