January 29, 1997

DAR OPINION NO. 14-97

PARO Jesus V . Kabristante

DAR Provincial Office

North National Highway

Dumaguete City

Dear PARO Kabristante:

This refers to your query on whether you can issue a DAR clearance for registration over a Deed of Sale executed after the effectivity of CARL in case the property subject thereof is voluntarily offered for sale for purposes of CARP coverage.

You state that a 13.1941-hectare agricultural land in the name of John T. Raymond, located at Cambagahan, Bais City had been voluntarily offered for sale by him to DAR; that the Claim Folder of the said property is now pending valuation at LVO II, LBP, Cebu City, because the Deed of Sale was not yet registered with the Register of Deeds and because of this, the offeror is now requesting for a DAR clearance for registration. Hence, this request.

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).

With regard, however, to your instant query, it is submitted that the Deed of Sale should be registered because after all, the landowner/offeror is willing to have it covered under CARP. To disallow registration and rescind the contract will result in a legal nightmare to the prejudice of the vendee/transferee. 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 CARP.

Please be guided accordingly.

Very truly yours,

(SGD.) ARTEMIO A. ADASA, JR.

Undersecretary for Legal Affairs, and Policy and Planning