Department of Agrarian Reform

In the provincial level, legal matters are referred to and being handled by the Legal Assistance Division (LAD) headed by a lawyer together with a group of legal officers who are fully equipped with knowledge on agrarian laws and competent enough to handle agrarian conflicts and cases. LAD is under the umbrella of the Legal Affairs Office headed by the Undersecretary for Legal Affairs mandated to give free legal assiatance to its clienteles particularly tenant farmers, agricultural lessees and qualified agrarian reform beneficiaries.

Bulk of its work is dedicated to representing clients before quasi-judicial bodies and regular courts. Aside from litigation, the LAD explores alternative dispute resolutions inorder to come up with a win-win solution to every agrarian dispute lodged before the office. Mediation conferences are often conducted to amicably settle the differences between the landowners and the tenants and also between and among agrarian reform beneficiaries. With numerous agrarian conflicts ending in settlements, cases are prevented from reaching the courts which in a way declog their dockets. Rendition of legal opinions based on actual set of facts is also being undertaken by LAD upon the written request of the party seeking for an opinion. Counselling is also another service offered by the LAD to both farmers and landowners.

In coordination with the Beneficiaries Development Coordination Division (BDCD), the Legal Assistance Division also conducts seminars to further strengthen the Barangay Agrarian Reform Committee (BARC).

DAR Memorandum Circular No. 12, Series of 2009 serves as the Manual for Legal Assistance for all lawyers and legal officers of the Department of Agrarian Reform.

The Legal Division renders the following services to clients, to wit:

1. Notarization of Legal Documents

2. Pleadings made

3. Letters/notices Issued

4. Dialogue Conducted

5. Legal Documents made/processed

6. Ocular Inspections Conducted

7. Court/DARAB Appearances

8. Extend legal advice and/or counseled to farmers/ARBs and other individuals

Checklist for the Issuance of DAR Clearance

(ALL documents must be in three (3) copies placed in a folder with fastener)

1. Application letter addressed to the Municipal Agrarian Reform Officer (MARO) where the property is located;

2. Certified photocopy of Original/Transfer Certificate of Title (OCT or TCT) from the Register of Deeds;

3. Certified photocopy of Tax Declaration from the Office of the City Assessor;

4. Certification from the City Assessor as to Aggregate Landholding of:

a. transferor and spouse

b. transferee and spouse

NOTE: If the transferor or transferee is a resident of a place other than the place where the property is located, he/she would still be required a Certification from the Office of the Assessor where he/she is residing. This Certification is in addition to the Certification issued by the City Assessor of Davao.

5. Affidavit of Aggregate Landolding to be executed by BOTH the transferor and the transferee;

* The affidavit of the transferor should state that his/her total agricultural landholding anywhere in the Philippines does not exceed five (5) hectares.

* The affidavit of the transferee should state that his/her total agricultural landholding including the property subject of transfer does not exceed five (5) hectares.

6. Affidavit of Retention. This will be executed by the transferor which simply states that the property subject of the transfer is his/her retained area or part of the retained area.

7. Affidavit of Non-Tenancy which will be executed by the transferor (not by the transferee). e.g. the buyer, in case of sale; the donor, in case of donation.

8. Legible copy of the Deed of Conveyance (e.g. Deed of Absolute Sale, Deed of Donation, Extra-judicial Settlement of Estate)

9. Sketch plan

Note: 1. The affidavits required to be executed by the transferor may be lumped into one document (captioned as Affidavit of Aggregate Landholding, Retention and Non-Tenancy).

2. DAR Provincial Office-Davao City does not allow attorneys-in-fact to sign the required affidavits. The tranferor and the transferee must appear to be the affiants of these affidavits.

Checklist for Issuance of RD's Order

(This applies if the property subject of transfer is either a CLOA or EP)

Based on DAR A.O. No. 8. Series of 1995

To be accomplished by the awardee/transferor:

1. Written request to transfer his/her awarded landholding;

2. Certificate of Full Payment of Amortization to be issued by the LBP on the lands financed by the said bank or by DAR in case of lands covered by the Voluntary Land Transfer/ Direct Payment Scheme (VLT/DPS);

3. Certification regarding full payment of Irrigation Fees (to be secured from the National Irrigation Administration [NIA]);

4. Certification regarding loans (equipment, productive, etc. DAR/LBP);

5. Tax Clearance (Treasurer's Office);

6. Affidavit of the transferor stating that the subject property has no pending case at the DARAB or any of its Adjudicators (PARAD or RARAD), the DAR, the Courts or at the Office of the President;

To be accomplished by the buyer/transferee:

1. Affidavit of Aggregate Area of Agricultural Landholding;

2. Certified copy of Income Tax Return (ITR);

3. Community Tax Certificate (cedula);

4. Certification to be issued by the Provincial Assessor's Office regarding the extent of agricultural landholding within the province.

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