I. GENERAL RULE
DAR Clearance is required for any transfer, sale, or conveyance of agricultural land.
Legal Bases:
-
Republic Act No. 6657 (CARL), as amended by RA 9700
- Sec. 27 – restrictions on transfer of awarded lands
- Sec. 65 – DAR authority over land use and transfers
- Executive Order No. 129-A (1987) – DAR’s regulatory authority
- DAR Administrative Orders (e.g., AO No. 1, s. 2019; AO No. 04-2021)
- Joint DAR-LRA MC No. 20, s. 1996 – RD will not register transfers without DAR clearance
II. EXEMPTIONS FROM DAR CLEARANCE
1. Transfers by Hereditary Succession
Rule:
Transfer of agricultural land through inheritance (testate or intestate) does not require DAR clearance as a prerequisite to transfer, although DAR may still require verification.
Legal Basis:
- RA 6657, Sec. 27 – allows transfer by hereditary succession
- Civil Code provisions on succession
- Recognized in DAR practice and jurisprudence
Notes:
- Still subject to retention limits (5 hectares per heir)
- DAR may issue certification instead of clearance
2. Transfers to the Government or Government Entities
Rule:
Sales, donations, or conveyances to:
- National Government
- Local Government Units (LGUs)
- Government-Owned and Controlled Corporations (GOCCs)
→ Exempt from DAR clearance
Legal Basis:
- RA 6657, Sec. 27 – allows transfer to the government
- Public purpose doctrine (eminent domain, infrastructure)
3. Lands Already Classified as Non-Agricultural
Rule:
If land is not agricultural, DAR has no jurisdiction, hence no clearance required.
Includes:
- Residential
- Commercial
- Industrial
- Institutional
Legal Bases:
- RA 6657, Sec. 3(c) – defines agricultural land
- DAR AO No. 06, s. 1994
- DOJ Opinion No. 44, s. 1990
👉 Key doctrine:
- Lands classified as non-agricultural before 15 June 1988 are outside CARP coverage
4. Lands with Approved DAR Conversion
Rule:
If land has a valid DAR Conversion Order, it is no longer agricultural → no DAR clearance required for transfer
Legal Basis:
- RA 6657, Sec. 65 – land conversion authority
- DAR Administrative Orders on conversion (e.g., AO No. 1, s. 2002)
5. Judicial Transfers (Court-Ordered)
Rule:
Transfers arising from:
- Court judgments
- Partition proceedings
- Execution sales
→ May proceed without prior DAR clearance, subject to court authority.
Legal Basis:
- Rules of Court
- Recognized exception in practice and administrative interpretation
6. Lands Not Covered by CARP
Rule:
If land is outside CARP coverage, clearance is not required.
Examples:
- Lands with slope > 18%
- Lands classified as forest, mineral, or protected areas
- Lands proven to be non-agricultural in use/classification
Legal Bases:
- RA 6657, Sec. 10 – exclusions
- DAR issuances on coverage/exclusion
7. Certain Small or De Minimis Transfers (Limited/Conditional)
Rule:
Some DAR issuances recognize limited exemptions for very small parcels or specific situations.
Legal Basis:
- DAR Administrative Orders (case-to-case application)
⚠️ Note:
- This is not automatic; usually requires DAR certification of exemption
- Registry of Deeds often still requires proof from DAR
8. Temporary Acquisition by Banks (Foreclosure)
Rule:
Banks acquiring agricultural land via foreclosure may hold property without clearance.
Limitation:
- Resale to third parties requires DAR clearance
Legal Basis:
III. IMPORTANT DISTINCTION
Even when exempt from DAR clearance, the following may still be required:
- DAR Certification of Non-Coverage / Exemption
- DAR Conversion Order (if applicable)
- Compliance with retention limits (5 hectares)
👉 The Registry of Deeds typically will not proceed without DAR confirmation, even for exempt cases.
