Buying Land In The Philippines Part 4: DAR Clearance
Posts in This Series:
- Buying Land In The Philippines Part 1: Survey and Subdivision
- Buying Land In The Philippines Part 2: Deed of Absolute Sale
- Buying Land In The Philippines Part 3: BIR Taxes
- Buying Land In The Philippines Part 4: DAR Clearance
- Buying Land In The Philippines Part 5: Land Registration Authority
- Buying Land In The Philippines Part 6: Tax Declaration in Buyer's Name
- Buying Land In The Philippines Part 7: Land With No Title
- Buying Land In The Philippines Part 8: Land Use Reclassification
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.