Republic Act No. 9700: Once a CLOA, always a CLOA title.

 A lot of people who desire to buy agricultural lands often ask: Can a Certificate of Land Ownership Award (CLOA), which is also a TCT title, be sold and converted into a regular TCT title? And the answer to that question is generally, a CLOA title CANNOT be converted into a regular TCT title.  

Section 27 of Republic Act No. 6657, as amended by Section 12 of Republic Act No. 9700, reads as follows: 

"SEC. 27. Transferability of Awarded Lands. - Lands acquired by beneficiaries under this Act or other agrarian reform laws shall not be sold, transferred or conveyed except through hereditary succession, or to the government, or to the LBP, or to other qualified beneficiaries through the DAR for a period of ten (10) years: Provided, however, That the children or the spouse of the transferor shall have a right to repurchase the land from the government or LBP within a period of two (2) years x x x."

"The title of the land awarded under the agrarian reform must indicate that it is an emancipation patent or a certificate of land ownership award and the subsequent transfer title must also indicate that it is an emancipation patent or a certificate of land ownership award.

"If the land has not yet been fully paid by the beneficiary, the rights to the land may be transferred or conveyed, with prior approval of the DAR, to any heir of the beneficiary or to any other beneficiary who, as a condition for such transfer or conveyance, shall cultivate the land himself/herself. Failing compliance herewith, the land shall be transferred to the LBP which shall give due notice of the availability of the land in the manner specified in the immediately preceding paragraph.

"In the event of such transfer to the LBP, the latter shall compensate the beneficiary in one lump sump for the amounts the latter has already paid, together with the value of improvements he/she has made on the land." (Source: Republic Act No. 9700)

NOTES: 

DAR Administrative Order No. 06-16 

x x x

Section 9. Judicial Form for Transfer of Awarded Land. – The judicial form of the Certificate of Title resulting from the transfer of an Awarded Lands (sic) after the holding period (henceforth becoming TAL) shall not be an EP or CLOA, but shall state the EP or CLOA number of the Awarded Land.  Therefore, such Title need not be generated by the DAR nor be signed by the Secretary of Agrarian Reform.

The judicial form of the Certificate of Title resulting from the transfer of a TAL shall also not be an EP or CLOA but shall state the EP or CLOA number of the original Awarded Land.  Such Title need not also be generated by the DAR nor signed by the Secretary of Agrarian Reform.

The judicial form of the Certificate of Title resulting to the transfer of an Awarded Land pursuant to intestate succession or testate succession of a legitime during the holding period (henceforth remaining as an Awarded Land) shall be an EP or CLOA, as the case may be.  Such Title must be generated by the DAR and signed (through signing machine) by the Secretary of Agrarian Reform.

 

DAR Cagayan Valley 2019 ANNUAL REPORT

DAR-World Bank Project SPLIT to facilitate subdivision of collective to individual CLOAs for agrarian reform beneficiaries

Support to Parcelization of Lands to Individual Title (SPLIT), is a project that seeks to give farmer-beneficiaries covered under collective Certificates of Land Ownership Awards (cCLOA), the opportunity to have and own individual titles as evidence of ownership to the farmlot/s awarded to them under the agrarian reform program.

The recently approved Department of Agrarian Reform-World Bank (DAR-WB) SPLIT project is a loan package amounting to Php24 Billion which shall be used to subdivide the cCLOAs - about 1.38 million hectares, into individual land titles so that the agrarian reform beneficiaries (ARBs) may fully exercise their rights of ownership and possession over their landholding/s.

The issuance of CCLOAs has repercussion to the government as it could not collect taxes and amortization. The same can be said to many beneficiaries who are not engaged in collective farming. All these issues can be cured once these cCLOAs are split into individual titles, he said.

The project SPLIT also includes the acquisition for the DAR Provincial offices involved, of survey and other related equipment for the subdivision of each farm lot, four-wheel drive vehicles and motorcycles for the mobilization of DAR survey teams, including hiring of additional manpower. It also requires capability trainings due to advances in technology, such as on the use of new software/computer programs like the AutoCAD Google Earth (AGE) Mapping which is useful for the subdivision of individual land titles as it requires computing technical descriptions, conversion of coordinates, transporting KMZ files (used by Google Earth) to Andriod phones among others.

The DAR-WB SPLIT project is in response to President Rodrigo Roa Duterte’s order to the Department of Agrarian Reform (DAR) to conduct the survey and re-documentation of collective land titles to individual certificates of landownership awards (CLOAs). President Rodrigo R. Duterte requested the assistance of the World Bank in order to expedite the process of subdividing the lands covered by collective agrarian reform land titles.