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.

16 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

Post a Comment

If you have comments, corrections or questions we would be happy to hear from you. Do not bother leaving your email address, as we do not contact people outside of this site. Any response will be found here in the comment section.