March 20, 1996

DAR OPINION NO. 16-96

PARO Fidel B. Morales

Department of Agrarian Reform

Gango, Ozamis City

Dear PARO Morales:

This has reference to your request for advice relative to transactions involving agricultural lands which were entered into prior to CARL but not registered within three months after its effectivity as required under Section 6 of RA 6657. You state that requests for DAR Clearance for the registration of these transactions have been filed with your Office. You inquire as to whether or not any sale, disposition, lease, management contract or transfer of possession of private lands executed prior to June 15, 1988 may be validated thru issuance of DAR Clearance provided the requirement set forth in paragraph III of A.O. No. 1, Series of 1989 are complied with.

At the outset, please be clarified that a DAR Clearance is not a validation of the transaction subject thereof. Rather the DAR Clearance for the registration of the transaction signifies that the sale, transfer or conveyance covered thereby is not a circumvention of the Comprehensive Agrarian Reform Law (CARL).

As regards the transactions subject of your letter, you claim that some were entered into way back in the 1950's but were not registered within three months after the effectivity of RA 6657 as required under Sec. 6 thereof. The purpose of the law in requiring registration of transactions involving agricultural lands within three months from its effectivity is to prevent antedating of land transaction that may circumvent coverage under the Comprehensive Agrarian Reform Program (CARP). Otherwise stated, the reason behind the registration is to prevent any landowner from resorting to any alienation scheme to avoid inclusion of his property under the CARP.

Please be guided accordingly.

Very truly yours,

(SGD.) HECTOR D. SOLIMAN

Undersecretary
LAFMA

Copy furnished:

OSEC

Doc. No. 95050475