December 20, 1995

DAR OPINION NO. 87-95

MR. NAPOLEON V. DEL ROSARIO I

Malipampang, San Ildefonso

Bulacan D-220

Sir:

This refers to your request for clarification regarding the registration of the sale in your favor of an 8,994-sq. m. parcel of land at Brgy. Malipampang, San Ildefonso, Bulacan.

You state that you have been required to submit a DAR permit to enable you to register the property in your name. You are uncertain whether said document is necessary, since the property is residential and untenanted.

If indeed the records show that the property is residential, there would be no need for a DAR Clearance for the registration thereof. However, if it is classified as agricultural, then the registration of the sale thereof in your favor must be supported by a DAR Clearance.

Republic Act No. 6657 (the Comprehensive Agrarian Reform Law or CARL) mandates the redistribution of all agricultural lands to qualified farmer-beneficiaries, except those falling within the 5-hectare retention of landowners. Moreover, under Section 6 of CARL, the sale or transfer of agricultural lands outside of the landowner's retention to persons other than qualified beneficiaries is null and void.

The DAR Clearance signifies that the sale is not in violation of CARL, and may therefore be registered in the name of the vendee. To support the application for DAR Clearance, proof must be submitted to show that the property sold is within the retained area of the landowner and that the vendee's agricultural lands do not exceed the five-hectare landownership ceiling, inclusive of the property acquired.

We advise that you coordinate with our Municipal Agrarian Reform Officer (MARO) at San Ildefonso, Bulacan and our Provincial Agrarian Reform Officer (PARO) at Baliuag.

Very truly yours,

(SGD.) HECTOR D. SOLIMAN
Assistant Secretary Legal Affairs Office