10.10.2019

Buying Land In The Philippines Part 4: DAR Clearance

Buying Land In The Philippines Part 4: DAR Clearance




Posts in This Series:
Disclaimer

This is the fourth part in the series about buying land in the Philippines. As always, nothing you read here is to be taken as legal advice or professional guidance. This is our personal experience that we are sharing with you. So caveat lectorum.

Department of Agrarian Reform (DAR)


The next step after paying taxes due to BIR is to submit paperwork to the DAR in order to receive DAR Clearance to submitted to the Land Registration Authority (LRA) for titling.

This post will describe the general package that we submitted to DAR and I will also provide you with example documents and forms to give you some ideas for how to move forward.

You may refer to the DAR website as well as this 2016 document from DAR describing the clearance process.



Documents Required For DAR Clearance:


REQUIRED DOCUMENT
NOTES
Letter of Request


The letter includes a listing of generic requirements for the DAR document package.



Original Deed of Sale


It is a good idea to have multiple copies of the DOAS notarized with original signatures at the time of execution.
 
sample DOAS

Certified True Copy Of Title

Obtained from the LRA.

Certified True Copy of Tax Declaration

Obtained from the Municipal Assessor.

Affidavit of Aggregate Landholdings of Vendor

This is the seller's attestation that their aggregate landholdings do not exceed five (5) hectares.


Affidavit of Aggregate Landholdings of Vendee

This is the buyer's attestation that their current aggregate landholdings do not exceed five (5) hectares and that the referenced transaction will not cause the buyer's aggregate landholdings to exceed five (5) hectares.


Affidavit of Non-Tenancy of Vendor

The Affidavit of Non-Tenancy was mentioned back in Part 2: Deed of Absolute Sale.

sample Affidavit of Non-Tenancy

Barangay Certification of Non-Tenancy

The Barangay Certification of Non-Tenancy is obtained from the Barangay where the sale property is located.



Municipal Assessor’s Certification of Vendor’s Aggregate Landholdings

Municipal Assessor’s Certification of Vendee’s Aggregate Landholdings

Provincial Assessor’s Certification of Vendor’s Aggregate Landholdings

Provincial Assessor’s Certification of Vendee’s Aggregate Landholdings

The certifications of aggregate landholdings can become a bit complex. If either the vendor or vendee hold property in other provinces or municipalities, then both the vendor and vendee shall be required to provide certifications for aggregate landholdings in each municipality and province in which they own land.
Special Power of Attorney

Required if the applicant is other than the buyer.


Sketch Plan

The Sketch Plan can be a photo copy of the section of the map showing the lot. Could also be a printed digital photo of the map, provided the resolution is adequate.




Submission Of Documents

 

DAR required us to submit two folders: one folder is for all original documents and the other folder is for one set of copies of original all documents.

We also created an extra set of copies and had DAR sign each as "received."

The amount of time it will take to process clearance is variable and may range from a few days to several weeks.

31 comments:

Anonymous said...

Hi! how long was the DAR clearance processing took? Thanks!

Philippine Destiny said...

Our DAR processing took about two months. The person who had authority to sign was out for training and they explained this to us when we submitted our package to them. It can really vary because every it depends upon what the workload is and maybe personnel will be training, as with our case.

Thanks for the question and we hope this has been a help to you.

raki said...

thank you for the information

Alchriz said...

What if yung vendee tax dec p lang po ang meron wala pang title, maari po ba na yung tax dec lang po ang ipasa para makakuha po ng DAR Clearance?

Philippine Destiny said...

Alchriz, I think you are asking if it is possible to get DAR clearance on a property that has no title. If so, then the answer I think would be no. You would not want to go to DAR if you have no title.

But what is the reason that you have no title?

Is it because the land has never been titled?

If the land has never been titled, then the first thing that needs to be done is to contact DENR to see if they can perform a survey to enable you to get an Original Certificate of Title. There will be a cost, but it varies. DENR MAY tell you that they do not have the manpower to perform your survey. If they tell you that, then you will need to hire a private surveyor.

DENR will tell you what documentation you need to provide in order to establish that you are actually the owner of the property.

Anonymous said...

Dear F.A., please ask your local DAR.

Anonymous said...

We processed land for another person and the person lived in a different province than where the land was located. Affidavit of Aggregate Landholdings was required for both locations. This is because "aggregate landholdings" applies to one's landholdings in the entire nation.

Anonymous said...

I need to amend my post above @ 1:19 to say that DAR did not explicitly require an Affidavit of Aggregate Landholdings from the place of actual residence. They required one from the place where the land was located and they said that "it would be good for us to provide an Affidavit of Aggregate Landholdings from the place of residence" because by providing it the process would move faster...meaning that if we did not provide it that they would contact the office and get it themselves.

Unknown said...

Good day... Mam may tanong ako... Pag ang lupa meron ng tenance diyan more than 60 years napu TAPOS may biglang nagpakilala na award daw sa kanya ng CARP ang lupain na Yun TAPOS Wala naman siya mga tanim dun. Ano po ba ang gagawin namin Kasi ang mga tanim ng aning mga Lola saka ng magulang ko pinupotol Niya lahat Kasi daw sa kanya na ang lupain... Please help us to our concern Kasi lahat ng tao nakatira sa Lugar na to... Papa ko ang kilala na nag tenance diyan sa lupa TAPOS ngayun lumabas sila daw ang may ari... Kasi daw carp ang lupa... Paano po ang tenance ng Lola saka papa ko sa loob ng 60 years. At Wala silang papel na galing sa kurti na pwede nila putulin ang mga saging doon.. salamat.

Anonymous said...

Hire an attorney. Or If you meet requirements PAO may help you. Some PAO is found here https://www.philippinedestiny.com/2019/05/notaries-in-philippines.html

anoni said...

i have a land .. with 32,000 sqm and awarded by Dar to my tenant but i appeal in the court and the desicion is favor to me (i win) but the tenant dont give me the title given by Dar to cancel in RD, but the tenant refuse to give me the title with the reason of they want it to be a souveneir ..i have the decision finality that the land is given back to me..after almost five years they have make a new title given by the RD even they dont have the clearance of DAR..is it illegal or not? i won in the court!!!

anoni said...

may tanong lang po ako, d ba po kapag ang lupa ay awarded ng DAR ndi nyu po ito pwedeng mapatitulohan ng panibago kung walang Dar clearance?

Philippine Destiny said...

You won in court so you had an attorney. What does he say about these questions?

Unknown said...

I am currently processing my documents for DAR clearance at certain MARO. They have given me 3 sets of list of documentary requirements namely AO no.1 series of 1989,AO no. 8 series of 1995 and one with the title of " Checklist of requirements for issuance of DAR clearance for Consolidation of ownership". I may have to mention that this property was earlier foreclosed by a bank and was redeemed owners sister before we acquired it. One of the documentary requirement in the list is "Affidavit of total land holdings of landowner and consolidator" would you please clarify who is this "consolidator" the list is reffering to? Was it the bank who issued affidavit of consolidation of ownership earlier or the buyer/transferee of the property. MARO cannot clarify it to me, instead told me to submit affidavit of total land holdings of the bank who foreclosed the property and from the former owners/seller.

Unknown said...

Goodpm po, require pa dn po ba kumuha ng DAR CLEARANCE kahit hindi umabot ng 5hectares yung agricultural land owned po ng grandparents ko po. Isa daw po kasi yan sa requirements na hinihingi ng buyer aside po sa titulo n ung lupa.

Philippine Destiny said...

Everyone must get DAR clearance for transfer of agricultural land. It is to prove that you do not exceed 5 hectares. You cannot process with ROD without it.

Section 6 of RA 6657

Noel G said...

Sino po ba dapat ang maglalakad at magbabayad sa processing or pag kuha ng DAR clearance? Ang seller po ba or ang buyer?

Philippine Destiny said...

Who pays is between the buyer and the seller.

but

By the time you get to the DAR process you would have executed a deed of sale long in the past and the land has already changed hands save for the paperwork.

Noel G said...

Sino po ba ang dapat na maglalakad ng DAR clearance? Ang seller po ba or ang buyer?

Philippine Destiny said...

Dar clearance is about making sure that a BUYER will not go over the 5 hectare limit. Seller's aggregate landholdings will be submitted along with the buyer's, but this work is a buyer's responsibility. Seller can get their landholdings from the muni assessor and give it to the buyer or seller can give the buyer written authorization to obtain the record and then the buyer submits all documentary requirements to DAR.

Unknown said...

Thank you you so much for such a detailed guide in processing of the transfer of land tittle. May god bless you as you help others.

Philippine Destiny said...

you make it all worthwhile

Unknown said...

Hi, very informative! Thank you. I am planning to buy a lot and noticed that the electronic title has memorandum that the original title seemed a DAR awarded lot. Since this will be a second transfer and the title is now a bit different but with annotation, are we required to have DAR clearance before we can transfer again the said lot since it is still classified as agricultural? Thank you.

Philippine Destiny said...

Our knowledge is not all encompassing and is limited to our own personal experience. Your situation is outside the scope of that experience, but my guess is that it does still need to go through the DAR process. For a definite answer please ask your local DAR.

lenlen said...

I the land is donated, do we need to get a DAR clearance?

Philippine Destiny said...

DAR is required to assure that no one goes over 5 hectare of agricultural land. Do you think the person needs to go through DAR before they process the title? Ask DAR.

Think about it logically. A person has 5 hectare of agricultural land. They are donated another plot of land. If no one had to go through DAR in this situation, then that would be a massive loophole in the law.

Ask DAR.

Ask DAR.

Ask DAR.

Unknown said...

we are on the buyer side and the rod requires us to secure DAR clearance for the transfer of title to us for the lot we bought. we were required by the city agrarian reform office to secure the application for retention of the seller, tama ba yon?

Philippine Destiny said...


This is not legal advice...just an individual sharing my personal experience with DAR.

I have never heard of the "application for retention of the seller," but that might be another name for the Affidavit of Aggregate Landholdings of Vendor in the table above. Open the sample document and you find this clause:

That the land I sold to [NAME OF BUYER],, which represents a portion of my retention area under Katibayan Ng Orihinal Na Titulo Blg. XXX Lot No. XXX-XX with an area [AREA IN WORDS] ([AREA IN NUMBERS]) SQUARE METERS, more or less, by virtue of Deed of Absolute Sale recorded under Doc. No. XXX, Page No. XXX, Book No. XXX, Series of 20XX, of Notary Public Atty. [ATTORNEY NAME] dated MONTH DAY, YEAR is a portion of my retention area of not more than five (5) hectares.

^ That clause references the land being sold to you as being a portion of the seller's "retention area."

I cannot be sure that this is what DAR is asking you to provide, but you might print out the sample document and take it to them and ask them if that is what they need.

If that is what they need, then that information comes from the seller and it is the seller who will need to get it from the municipal assessor where the land is located (and also the assessor where they live if not in the same place). Then they give that to you and you provide that to DAR.

Philippine Destiny said...

In case that document is not what DAR needs and if it is not too great of an inconvenience would you please let us know the details of your outcome? Thank you

Anonymous said...

May I know po how much would it cost to get a DAR clearance if the sale amount or zonal/market value of the land is around P4M? thanks

Philippine Destiny said...

The fee for DAR clearance is shown on page 200 of the DAR Citizens' Charter

https://media.dar.gov.ph/source/2019/12/06/arta-handbook.pdf

50PHP

You can see in the table above that there are many documents to be provided to DAR some of which must be notarized.

It is no use to state what it all costs because no two cases are the same. Too many random variables.

Prepare to spend a few thousand pesos and a lot of time and foot work.