Acquiring farm lands rewarded to agrarian reform beneficiaries is invalid without the government’s permission unless the Department of Agrarian Reform (DAR) issues a transfer clearance for the farm lot.
This was reiterated by DAR Undersecretary for Legal Affairs Office Luis Meinrado Pangulayan, on Saturday, March 13, amid questions and legal issues surrounding the acquisition of farmlands that were awarded to farmers.
Pangulayan stressed that any contracts of sale involving farm lots awarded to a farmer-beneficiary under the government’s land reform program are invalid if they were found to have been consummated without first securing DAR Transfer Clearance.
“Without the DAR Transfer Clearance, the contract of sale involving a CARP-covered farm lot is invalid,” Pangulayan said.
The official explained that the transfer clearance is a document certifying that the farmer-beneficiary has met the three major conditions. The most notable among them is the 10-year holding period during which he maintains full possession and control and continues tilling the farm lot awarded to him.
“The 10-year holding period starts from the time the farmer-beneficiary received the Certificate of Land Ownership Award and gained full possession and control of the farm lot,” Pangulayan said.
The two other conditions are the full payment of the annual amortization for 30 years and the payment of real estate tax and other government fees, he added.
Pangulayan also cautioned would-be buyers to be mindful of the size of the lot they are already possessing or buying since the law allows a Filipino citizen to own a maximum of only five hectares of farm land.
“Anything in excess of the five-hectare limit will be placed under the coverage of the government’s land reform program,” Pangulayan said.