The Department of Agrarian Reform (DAR) has issued a set of guidelines through Administrative Order No. 4, Series of 2021, to reduce unnecessary procedures in the delivery of public service and to streamline the process of securing clearances for the transfer of private agricultural lands which have not been issued with Notice of Coverage (NOC) based on Republic Act (RA) No. 6657 or the Comprehensive Agrarian Reform Program (CARP) or those not covered by any agrarian reform program.
“We have reduced the number of processing days in compliance with certain provisions of the government which require the revision of existing rules and guidelines on the transfer of agricultural lands and also to adjust to the new normal brought about by the Covid-19 pandemic,” DAR Secretary Brother John Castriciones said.
The DAR chief is referring to the following provisions: RA No. 11032, or the “Ease of Doing Business and Efficient Government Service Delivery Act of 2018” which amends RA No. 9485 or the Anti-Red Tape Act of 2007; Proclamation No. 922, Series of 2020, “Declaring a State of Public Emergency Throughout the Philippines,”; Proclamation No. 929, Series of 2020, “Declaring a State of Calamity throughout the Philippines due to Corona Virus Disease 2019 (Covid-19),”; and RA No. 11494, otherwise known as “The Bayanihan Act II,”
He said the Administrative Order applies only to land transactions involving private agricultural lands which have not been with Notice of Coverage (NOC).
“The issuance of the Land Transfer Clearance (LTC) on this Administrative Order excludes agricultural lands covered under any other agrarian reform program, under Presidential Decree (PD) No. 27, RA No. 6657, as amended, and land transactions with exemption/exclusion/conversion orders issued by the DAR,” he said.
He disclosed that the applicant-transferor and transferee, or the duly authorized representative shall file a written application or request for the issuance of LTC before the DAR Provincial Office (DARPO) where the property is registered with the Register of Deeds.
“The DAR will not accept any written applications or requests filed personally or through e-mail unless all the mandatory documentary requirements and proof of payment of filing fee as specified under Section 10 are submitted and attached,“ the DAR chief said.
Castriciones said that the electronic copy of all applications or requests and their annexes shall be accepted only in a Portable Document Format (PDF) form. The DAR office shall subsequently require the submission of the hard or printed copies of the submitted documents via registered mail or by personally submitting the same directly to the DAR, in order to verify the authenticity of the documents.
He said that the applicants may also store the files, applications, or requests and documentary requirements, in a portable storage device, such as USB flash drives, compact discs (CD), or digital versatile discs (DVDs) which should be properly labeled as to their contents and submit the same to the DARPO in a sealed envelope through the Postal Office or by any other accredited couriers.
Castriciones emphasized that a filing fee of Two Thousand Pesos (PhP 2,000.00) for every land transaction shall be collected by the issuing DARPO through its cashier or through online banking, and deposited to the Bureau of Treasury (BTr) local accounts.
“The applicants or any person adversely affected by the LTC may file an original Agrarian Law Implementation (ALI) case before the Office of the Regional Director pursuant to DAR AO No. 03, Series of 2017,” he said.
He said that the duly signed Certification on the LTC issued by the PARPO II shall remain effective for a period of six (6) months immediately after its issuance.