October 16, 2000
DAR OPINION NO. 29-00
Clenio T. Dumlao
Zone 7 Grageda Compound
Sto. Rosario, Iligan City
Dear Mr. Dumlao:
This refers to your letter dated 02 March 1999 addressed to the Administrator of the Land Registration Authority which was endorsed to this Department, requesting for exemption from the five-year prohibitory period on the disposition of lands covered by Free Patents.
As gleaned from your letter, the heirs of Felotia R. Feraren of Iligan City own agricultural landholdings of about one hundred twenty four hectares (124.9676 has.) located at Abaga, Baloi, Lanao del Norte; that of the total area, 77.5373 has. were titled and 47.4303 has. were untitled at the time when first offered to DAR in 1989; that the entire landholdings were offered to the Department of Agrarian Reform under the Voluntary Offer to Sell (VOS) Scheme as early as March 13, 1989; that you were told by DAR/Land Bank personnel that untitled agricultural lands cannot be accepted for acquisition, hence, you heeded said advice with hesitance and had said lands titled; that individual Free Patents were then issued to the heirs of Felotia R. Feraren; that; as Free Patent Holder, one cannot dispose the land to any private individual within five (5) years from the issuance of the title; that in the case of the Feraren heirs, you are offering the subject landholdings to DAR in full support of its ongoing agrarian reform program which seemed to be within the stipulation of the law on exemption stated on the Free Patent titles; and that in view of the abovecited facts, you would like to request for a favorable exemption concerning the 5-year restriction period in the interest and full support of the existing agrarian reform program of the government.
DAR's position on the issue of placing untitled or unregistered private agricultural lands under the Comprehensive Agrarian Reform Program (CARP) is that if there is no adverse claimant over the subject landholdings, that is, there is no court case, then submission of documentary and/or testimonial evidence may already be deemed as substantive proofs of ownership. The landholdings may then be acquired under CARP and the landowners entitled to payment in accordance with pertinent laws and DAR rules and regulations, as opined and resolved under DOJ Opinion No. 176, Series of 1992.
It is submitted that lands covered by Free Patents may be the subject of Voluntary Offer to Sell Scheme under CARP even within the 5-year prohibitory period from and after the issuance of said patents. This is so because an exception to the prohibition against transfer within the said 5-year period has been provided with respect to transfers in favor of the government or any of its branches, units or institutions. This exception is believed to cover transfers made under the land redistribution program of the government, specifically the Comprehensive Agrarian Reform Law (CARL). In fine, the coverage under CARL of lands covered by Free Patents, specifically thru the VOS scheme, is believed legally tenable, as the 5-year period limitation will not apply.
Very truly yours,
(SGD.) FEDERICO A. POBLETE
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
Gloria J. Fabia
Director, BLAD
The Honorable Administrator
Land Registration Authority
East Ave., cor. NIA Road
Quezon City
Faisal Mambuay
OIC-Director
Elena V. Co. Building
Magallanes St., Cotabato City
Emmanuel N. Paralisan
Project Director, CARP
Land Registration Authority
East Ave., cor. NIA Road
Quezon City
Mittaman T. Arumpac
PARO, DAR Provincial Office
Tubod Highway, Iligan City