1. Sale to private parties, regardless of hectarages, executed before the effectivity of R. A. 6657 (June 15, 1988) provided the sale is registered with the Register of Deeds within three months from June 15, 1988.
2. Sale to private parties executed after the effectivity of R.A. 6657 covering areas allowed to be retained in favor of transferees whose total landholdings, including the land to be acquired, do not exceed five hectares.
3. Sale in favor of the government, Land Bank, or DAR regardless of hectarages.
4. Sale by agrarian reform beneficiaries, after ten years from the issuance and registration of land ownership award (CLOA).

Purchase Of Agricultural Land

1. When the area consists of five hectares or less, the sale requires DAR clearance. The application for DAR clearance is submitted to the Municipal Agrarian Reform Officer and accompanied, among others, by:
• Certified copy of OCT/TCT of the land, or tax declaration if land is not covered by a certificate of title
• Duplicate copy or certified true copy of the deed or instrument of conveyance.
• Seller’s affidavit that the hectarage he is selling is his retention area.
• Buyer’s affidavit that the hectarage he is buying, together with his present agricultural landholding, if any, does not exceed five hectares.
• Seller’s affidavit of no-tenancy or tenant’s affidavit of voluntary surrender, as the case may be.
2. When the area is five hectares or less but buyer will use the land for non- agricultural purpose, or when the area consists of more than five hectares regardless of the buyer’s intended utilization, what is required is DAR conversion.
3. Sale by Agrarian Reform Beneficiaries (ARBs) - In all cases, lands awarded to ARB’s may only be sold by them after the issuance of DAR clearance, subject to the following policies :
   • Any change from agricultural use shall not be allowed except with the DAR approval under its rules on conversion.
   • The buyer will not exceed the aggregate ownership ceiling of five hectares.
   • If the ARB was identified as tenant as of October 21, 1972 and amortizations were fully paid, the land may be sold by the original tenant or his heirs regardless of the date of issuance of Emancipation Patent.
   • If the land was identified as tenanted after 1972, the sale may be allowed only after ten years from the date of recognition of tenants.

Voluntary Offer To Sell

1. Landowners whose lands are subject for coverage under R. A. 6657 may voluntarily offer their lands for sale to the government. However, lands for which notices of coverage have already been sent by the government and received by the landowner shall no longer be considered as voluntarily offered lands.
2. The DAR may reject a voluntary offer to sell under the following circumstances :
   • The land is not suitable for agriculture or is undeveloped, and has a slope of more than 18%
   • When there are no takers or willing agrarian reform beneficiary for valid reasons, such as peace and order situation in the area.
3. Withdrawal of voluntary offer to sell shall no longer be allowed after the letter offer for VOS is received by DAR, except when the landholding is determined by DAR to be more suitable for a townsite, resettlement site or institutional site needed to address a matter of national interest or concern in a calamity situation.

Posted June 16, 2008 at 1:00 pm
Labels: Real Estate Basics