The Department of Agrarian Reform (DAR) Administrative Order No. 8, Series of 2011 or the rules on unauthorized transfer or conveyances streamline the land
acquisition and distribution process. It strengthens and supplements other CARP guidelines to
ensure the coverage, acquisition and distribution of lands involving illegal transaction.
What are the general premises with
regards to transfers and conveyances of CARP covered lands?
The general premises with regard to
transfers and conveyances of Comprehensive Agrarian Reform Program (CARP) covered
lands are as follows: Section 6, paragraph 1 of Republic Act No. 6657 states “…in no case shall retention by the landowner exceed five (5)
hectares.
Paragraph 4 of the same section further
states that “Upon the effectivity of this act, any sale, disposition, lease,
management contract or transfer of possession of private lands executed prior to RA 6657 shall
be valid only when registered with the Register of Deeds (ROD) within 3
months after the effectivity of this Act.”
Section 70 of the same law states that
disposition of private agricultural lands retained by the landowner as a
consequence of Sec. 6 shall be valid as long as the total landholdings that shall be owned by the
transferee inclusive of the land to be acquired should not exceed 5 hectares. Thus, any sale or disposition of agricultural lands
after the effectivity of this Act found to be
contrary to the provisions of RA 6657, as amended, shall be null and void.
When
is land transfer unauthorized?
A.O. No. 8, series of 2011, defined
Unauthorized transfer as any sale, disposition or transfer of possession to any private
entity on or after June 15, 1988 by a landowner who owns one or more agricultural
lands with an aggregate size of more than five hectares.
Unauthorized transfers also include
those transfers made:
1. After the NOC was duly served to
the LO
2. Prior to 15 June 1988 if the said transfers
were not registered within three months after 15 June 1988 or on or before 13
September 1988.
What
are authorized transfers?
AUTHORIZED transfers are those:
1. Made through hereditary succession;
2. Consolidation by banks to its
name of foreclosed agricultural landholdings, provided that the mortgage, foreclosure and
consolidation was done in accordance with its ordinary course of business; and
3. Sale or disposition by banks of agricultural
landholdings that it has foreclosed and consolidated in its name, provided that it is sold
or disposed of within the period of five (5) years described by Section 52
of RA 8791, otherwise known as the General Banking Law.
Who certifies that a land transfer is
unauthorized?
It is the Provincial Agrarian Reform
Officer (PARO) who certifies that
the land transfer is unauthorized. (Section 3, AO No. 8,
series of 2011)
To whom should the PARO issue the
Notice of Coverage (NOC) for agricultural
landholdings which was subject of an
unauthorized land transfer?
The PARO should issue the NOC to the
person or entity registered as the said landholding’s owner as of June 15, 1988 (herein referred
to as “ the original landowner (Section 4 , AO No. 8, Series of 2011)
Who qualifies as beneficiaries for
landholdings subject of an unauthorized transfers?
(1)
The agricultural
lessees, (2)tenants and farmworkers of both the original landowner and
(3) The currently
registered landowner/s are qualified
to be farmer beneficiaries (FBs) of the subject landholding.
(4)
The landowners (original
and currently registered) may also submit a duly attested list of his/her/its agricultural lessees,
tenants and regular farmworkers.
(5)
However,
potential beneficiaries of the currently registered landowner may also apply on their own to qualify as beneficiary.
Who can claim the proceeds of the
just compensation, if there are more than one currently registered Transfer
Certificate of Title (TCT)?
In case there are more than one
currently registered Transfer Certificate of Title covering the entire subject land, the
Memorandum of Valuation (MOV) shall state the value of the entire subject land and
proportion each currently
registered landowner has the right with respect to the just compensation.
The Land Bank of the Philippines shall only release the just
compensation proceeds covering the portion of the landholding
subject of unauthorized transfer to the person or entity who is registered as the landowner at the time the
Certificate of Deposit (COD)
was issued.
How does DAR notify the landowner?
The DAR shall notify the landowner/s
through a Notice of Land Valuation and Acquisition (NLVA). This Notice shall still be issued to the original landowner,
and shall state that the LBP shall only release the just compensation
proceeds covering the portion of the landholding subject of unauthorized
transfer to the person or entity who is registered as
the landowner at the time the COD was issued. Certified true copies of the NLVA
shall be furnished to the person/s or entity/ies who is/are registered as the landowner at
the time the COD was issued.
Is there a need to conduct a re-documentation of the
Claim Folder for un-authorized Transfers?
There is no need to conduct a re-documentation of the Claim
Folder. However, if the COD has yet to be issued at the time the PARO
discovered the unauthorized transfers, the PARO shall:
1. amend the information pertaining to
the landowner to include the subsequent transferees as “alternate landowners and
payees” if the Claim Folder has not yet transmitted the to the LBP; or
2. inform the LBP of such unauthorized
transfer so that it may be included in the valuation process of the LBP, if the
Claim Folder has already transmitted.
Can the DAR Secretary prescribe special
rules to govern special cases of landholdings subject of unauthorized
transfers?
Yes. The DAR Secretary may prescribe
special rules to govern special cases of landholdings subject of unauthorized
transfers.
What penalties shall apply against the transfer of
agricultural lands made without prior clearance from the DAR?
Penalties provided by other DAR
Administrative Orders/Memorandum Circulars against the transfer of agricultural lands made
without prior clearance from the DAR shall still apply. Examples are MC 18, Series of 2004 and Joint DAR-LRA MC 16,
Series of 2001. These MCs follow the general premise that fall
under prohibited acts and omissions that are punishable under Section 74 of RA 9700
which states that:
“Any person who knowingly or wilfully
violates the provisions of this Act shall be punished by imprisonment of not less than one (1) month to not
more than three (3) years or a fine
of not less than One thousand pesos (P1,000.00) and not more than Fifteen thousand pesos (P15,000.00),
or both, at the discretion of the
court.
Provided, That the following corresponding penalties shall be
imposed for the specific violations hereunder:
"(a) Imprisonment of three (3)
years and one (1) day to six (6) years or a fine of not less than Fifty thousand pesos
(P50,000.00) and not more than One hundred fifty thousand pesos (P150,000.00), or both,
at the discretion of the court upon any person who violates Section 73,
subparagraphs (a), (b), (f), (g), and(h) of Republic Act No. 6657, as amended; and
"(b) Imprisonment of six (6) years
and one (1) day to twelve (12) years or a fine of not less than Two hundred thousand pesos
(P200,000.00) and not more than One million pesos (P1,000,000.00), or both,
at the discretion of the court upon any person who violates Section 73,
subparagraphs (c), (d), (e), and (i) of Republic Act No. 6657, as amended. "If the offender is a corporation or association,
the officer responsible therefore shall be criminally liable."
Source: Department
of Agrarian Reform
Elliptical Road,
Diliman, Quezon City, Philippines
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