Conveyances and Illegal Transfers_dar

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CONVEYANCESILLEGAL TRANSFERSAND


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I. Sections 6, 27, 70, 73 (a) and 78 of R.A. No. 6657

II. DAR A.O. No. 01, Series of 1989 (Rules and Procedures

Governing Land Transactions)

III. DAR A.O. No. 08, Series of 1995 (Rules and Procedures

Governing the Transferability of Lands Awarded to

ARBs Pursuant to P.D. No. 27, as Amended by E.O. No.228 and R.A. No. 6657)

IV. DAR M.C. No. 02, Series of 2001 (Guidelines on

Annulment of Deeds of Conveyance of Lands Covered

by the CARP Executed in Violation of Section 6, Par. 4 ofR.A. No. 6657)

V. Joint DAR-LRA M.C. No. 16, Series of 2004

(Strengthening the Safeguards on Transfer or

Conveyance of Agricultural Lands Covered by CARPPursuant to RA 6657

PERTINENT PROVISIONS OF LAW, DAR GUIDELINES AND

DOJ OPINION


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VI. DAR M.C. No. 18, Series of 2004 (Clarificatory Guidelines

on the Coverage, Acquisition and Distribution of

Agricultural Lands Subject of Conveyance Executed in

Violation of Sec. 6, Par. 4 of R.A. No. 6657)

VII. DOJ Opinion No. 41, Series of 1992 (VOS)


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. . . . . In no case shall retention by the landownerexceed five (5) hectares. . . . . (emphasis supplied)

x x x x x x x x x x x x x x x

Upon the effectivity of this Act (15 June 1988), anysale,disposition, lease, management contract or transfer ofpossession of private lands executed by the original

landownerin violation of this Act shall be null and void;

Provided, however, that those executed prior to thisAct shall be valid only when registered with theRegister of Deeds within a period of three (3) monthsafter the effectivity of this Act . . . . . (emphasis

supplied)

A. Paragraphs 1 and 4, Section 6, R.A. No. 6657

PERTINENT PROVISIONS OF R.A. NO. 6657


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SECTION 27. Transferability of Awarded Lands. -Lands acquired by beneficiaries under this Act may not

be sold, transferred or conveyed except throughhereditary succession, or to the government, or to the

LBP, or to other qualified beneficiaries for a period often (10) years. (emphasis supplied)

B. Section 27, R.A. No. 6657

C. Section 70, R.A. No. 6657

SECTION 70. Disposition of Private Agriculturallands. The sale or disposition of agriculturallands retained by a landowner as a consequence of

Section 6 hereof shall be valid as long as the totallandholdings that shall be owned by the transfereethereof inclusive of the land to be acquired shall notexceed the landholding ceiling provided in this Act.


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Any sale or disposition of agricultural lands after theeffectivity of this Act found to be contrary to theprovisions hereof shall be null and void. (emphasis

supplied)

D. Section 73 (a), R.A. No. 6657

SECTION73. Prohibited Acts and Omissions. - The

following are prohibited:

The ownership or possession, for the purpose ofcircumventing the provisions of this Act, of agricultural

lands in excess of the total retention limits or awardceilings by any person, natural or juridical, except thoseunder collective ownership by farmer-beneficiaries.

(emphasis supplied)


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E. Section 78, R.A. No. 6657

SECTION 78. Effectivity Clause. - This Actshall takeeffect immediately after publication in at least two (2)

national newspapers of general circulation. (emphasissupplied)

B. The following transactions are not valid:

F. Item II.2.a of DAR A.O. No. 1, Series of 1989 (Rules

and Procedures Governing Land Transactions)

Sale, disposition, lease, management contractor transfer of possession of private lands

executed by the original landownerprior to June15, 1988, which are not registered on or beforeSeptember 13, 1988, or those executed afterJune 15, 1988, covering an area in excess ofthe five-hectare retention limit in violation ofR.A. 6657. (emphasis supplied)

1.


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Highlights and Conclusions on the Provisions of

Section 6, 70, 73 (a) and 78 of R.A. No. 6657 and DAR

A.O. No. 1, Series of 1989 (Rules and Procedures

Governing Land Transactions)

transfers/sales on or after 15 June 1988 (effectivity ofCARP) should meet the twin requirements of retention

limit and landownership ceiling of 5 hectares in order to

be legal and valid

cut-off or reckoning date should always be the effectivityof CARL on 15 June 1988 pursuant to Section 78 of R.A.

No. 6657 and by operation of law

Transferor may only transfer his/her retained area while

the excess thereof shall be covered under CARP

If transferor transfers/sells his/her 5-hectare retained area

or have it converted, the same shall already constitute his

retained area. Thus, he is no longer entitled to another 5-

hectare retained area


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transferee may only own an aggregate of 5 hectares

inclusive of the land to be acquired (landownership

ceiling). He cannot later transfer/sell and then acquire

again beyond said 5-hectare landownership ceiling. DAR Clearance to be issued by the PARO (not the RD) is

required to prevent circumvention of R.A. No. 6657 and

for purposes of monitoring (A.O. No. 01, Series of 1989)

Affidavits of transferors and transferee shall berequired

transfer executed before 15 June 1988 valid only if

registered within 3 months after effectivity of CARL (on or

before 13 September 1988).

except if to be offered under VOS (DOJ Opinion No. 41,

Series of 1992) still valid even if registered after 13

September 1988 since it will end up in DARs hands

anyway for distribution to qualified ARBs


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if not qualified as preferred beneficiaries (i.e, qualification

requirements of 15 years old and actually cultivating or

directly managing the farm), the children will only be

entitled to the compensation beyond the landowners 5-hectare retention limit which shall be covered by CARP by

operation of law effective 15 June 1988 (the reckoning or

cut-off date)

In case of illegal transfer after 15 June 1988

1) DAR Memorandum Circular No. 2, Series of 2001

file a petition for annulment of deed of

conveyance before the PARAD and to direct theROD to cancel the deed of conveyance and the

TCT generated. Legal bases are Section 50 of

R.A. No. 6657 (DARs exclusive and original

jurisdiction on agrarian reform matters) and Rule

II, Section 1 of the DARAB Rules of Procedure


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2) Who will be the Payee, the original landowner or the

transferee who is now the registered owner/titleholder?

new guidelines presently being drafted

S ti 27 R A N 6657 d A O N 8 S i f 1995


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Section 27, R.A. No. 6657 and A.O. No. 8, Series of 1995

(Transferability of Awarded Lands)

10-year prohibitory period

Exceptions: hereditary succession, government, LBPand other qualified beneficiaries

After 10 years from Award (Collective or Individual):

Concurrence of lapse of 10 years and full payment

Further limitations/conditions:

1) Maintain agricultural productivity

2) Impose 5-hectare ownership ceiling3) DAR Clearance to be issued by the RD

4) Change in the nature of use not allowed unless

approved by DAR under its rules on conversion or

exemption


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TCT shall be issued to the transferee

ARB who shall dispose no longer qualified to become an

ARB


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M.C. No. 16, Series of 2003 (Strengthening the

Safeguards on Transfer or Conveyance of Agricultural

Lands Covered By CARP Pursuant to R.A. No. 6657)

to prevent illegal transfers and for proper monitoring, the

original copies of titles of lands covered under CARP shall

be segregated from the regular file of the ROD to a

separate CARP Volume

CARP volume treated as restricted volume subject to

DAR clearance from PARO pursuant to DAR A.O. No. 1,

Series of 1989 (Rules and Procedures Governing Land

Transactions)

title from CARP Volume shall only be returned to the ROD

regular file upon Proof of exemption from CARP coverage

in the form of a final DAR or Court Order


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M.C. No. 18, Series of 2003 (Clarificatory Guidelines on

the Coverage, Acquisition and Distribution of Agricultural

Lands Subject of Conveyance Executed in Violation of

Sec. 6, Par. 4 of R.A. No. 6657)

It is the policy of the DAR to acquire and distribute all

lands covered by the CARP including those subject of

illegal transactions under par. 4, Sec. 6 of R.A. No. 6657

Failure to register a deed of sale executed before June15, 1988 on or before September 13, 1988 or within three

months from the effectivity of R.A. No. 6657 renders the

sale invalid and therefore not registrable (LRA Consulta

No. 1875) No application for exemption, conversion, exclusion and

petition to lift CARP coverage, or any other protest or

opposition against CARP coverage shall be accepted if

the property involved is a subject of conveyance executed

in violation of Sec. 6, par. 4 of R.A. No. 6657


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Forward the case to the MARO and PARO for the conduct

of investigation and filing of petition for annulment of the

deed of conveyance, where proper, before the PARAD

pursuant to DAR MC 02-01.

Notwithstanding the pendency of the investigation and/or

the petition for annulment of deed of conveyance, the

DAR shall issue a notice of coverage.

Deposit to be held in trust for the rightful owner/s.

Documents

Conveyances and Illegal Transfers_dar