September 2, 1994

DAR OPINION NO. 66-94

Ms. Elizabeth G. Pablico

G/F F. Jacinto House

116 Rada Street, Legaspi Village

Makati, Metro Manila

Dear Ms. Pablico:

This answers the queries in your letter of 21 August-1994, to wit:

Can an owner/developer of a property of more than five (5) hectares who has applied for a Conversion Order, and has complied with all the DAR requirements, sell the subject property even before the Order is released? If yes, what will be the requirements of the Register of Deeds for the title to be transferred under buyer's name? What happens to, the Conversion Order when later on it is released? Can it be passed on to the new owner/developer who will eventually develop, the property?

Please be informed that the sale of an agricultural land of more than five hectares is void, even if said property is the subject of an application for conversion with complete supporting documents. This is because prior to the issuance of the DAR approval for conversion the property remains to be agricultural and is therefore subject to the prohibition against transfer under the last paragraph of Section 6, RA 6657.

Moreover, the DAR Order of Conversion attaches to the land and authorizes the development of the property as specified in the application for conversion. Whoever owns the property must observe the conditions specified in said Order relative to the development of the property, otherwise the same shall be recalled.

We hope to have clarified matters for you.

Very truly yours,

(SGD.) HECTOR SOLIMAN
Assistant Secretary
Legal Affairs Office