DAR Certification Requirements for Land Mode of Acquisition in the Philippines (A practitioner-oriented overview as of June 2025)
1. Context and Purpose
The Department of Agrarian Reform (DAR) is the lead agency charged with implementing the Comprehensive Agrarian Reform Program (CARP) created by Republic Act (RA) 6657 (the “Comprehensive Agrarian Reform Law” or CARL), as amended by RA 9700. A recurring gate-keeping function of DAR is to issue certifications or clearances that determine:
- whether a parcel of land is “agricultural land” covered by CARP or exempt/excluded;
- whether the intended mode of acquisition (MOA) complies with substantive and procedural rules—e.g., compulsory acquisition (CA), voluntary offer to sell (VOS), voluntary land transfer/direct payment scheme (VLT/DPS), government financial-institution (GFI) foreclosure, donation to government, or special cases such as settlement projects and agrarian settlements; and
- whether a proposed transfer, disposition or registration may proceed without violating Section 6 (retention limits), Section 73 (prohibited acts) or other CARL provisions.
Without the appropriate DAR Certification, the Register of Deeds (ROD), Bureau of Internal Revenue (BIR), Land Bank of the Philippines (LBP) and other agencies must refuse registration, tax clearance or compensation processing.
2. Legal Basis for DAR Certifications
| Issuance | Key Purpose | Most-used Documents |
|---|---|---|
| RA 6657, §§4–7, 16, 24 & 73 | Coverage, modes of acquisition, retention & prohibited transfers | CARP Coverage Inquiry (CCI), Affidavit of Aggregate Landholding, Proof of Retention or Exemption |
| DAR A.O. #1-1989 (as consolidated in A.O. #6-2011 & A.O. #8-2020) | Procedures for acquisition (CA, VOS) & valuation | Memorandum of Valuation (MOV), Field Investigation Report |
| DAR A.O. #3-2003 (Rules on Exempt/Exclusion) | Exemption certification (e.g., agricultural land reclassified to non-agricultural prior to 15 June 1988) | Sangguniang Panlungsod/Bayan reclassification ordinance, HLURB or housing board approvals |
| DAR A.O. #7-2011 | DAR Transfer Clearance for all conveyances of private agricultural lands | DAR Form No. CARP-TLS-01, Undertaking by Transferee |
| Joint DAR-LRA Memorandum Circular No. 1-2004 | ROD may register only with DAR “Certificate of Exemption/Coverage/Non-Coverage/Retention” or “Certification Clearance” | LRA circular compliance checklist |
| RA 11953 (New Agrarian Emancipation Act, 2023) | Sets deadlines for CLOA generation, condonation of amortization; confirms DAR’s certifying authority | Updated CLOA templates |
(Earlier A.Os. remain cited because DAR historically amends rather than supersedes, so practitioners check both the current A.O. and the one in force when a transaction began.)
3. Modes of Acquisition under CARP
| Mode (acronym) | Core idea | Triggering document | DAR Certification(s) normally required |
|---|---|---|---|
| Compulsory Acquisition (CA) | Government acquires land above retention limits | Notice of Coverage (NOC) | Certificate of Land Ownership Award (CLOA) and Certification of Deposit with LBP; later Emancipation Patent (EP) for Operation Land Transfer cases |
| Voluntary Offer to Sell (VOS) | Landowner offers agricultural land to DAR for CARP | VOS Application (DAR Form VOS-1) | Acceptance Order, CLOA, DAR-LBP MOV |
| Voluntary Land Transfer / Direct Payment Scheme (VLT/DPS) | Landowner transfers directly to qualified beneficiaries with DAR supervision | VLT/DPS Agreement | Certification Authorizing Registration (CAR) after payment schedule submitted; later CLOA |
| GFI Foreclosure / Acquired Assets | GFI forecloses on mortgaged agricultural land | Deed of Transfer from GFI to DAR/LBP | Exemption from BIR CGT via DAR Certification; CAR for ROD |
| Donation to Government | Owner donates land for resettlement or government use | Deed of Donation | Certification of Acceptance (DAR-DENR-NCIP coordination) |
| Expropriation / Settlement Projects | MARO initiates based on proclamation | Proclamation & DENR survey | Coverage Certification & Order to Register |
Non-CARP modes (e.g., ordinary sale of non-agricultural land, corporate mergers) require the broader DAR Transfer Clearance (DTC) or Certificate of Non-Coverage (CNC).
4. Core DAR Certifications and Their Documentary Requirements
Below is a consolidated checklist of what practitioners typically submit. All documents must be in duplicate or triplicate, duly authenticated and with the latest real-property tax (RPT) receipts.
| Certification | Typical Purpose | Core documentary requirements¹ |
|---|---|---|
| Certificate of Land Ownership Award (CLOA) | Conveys CARP-covered land to agrarian reform beneficiaries (ARBs) | – Approved Survey Plan (ASP)/Blue Print; – Ocular Inspection Report (OIR) with geotagged photos; – LBP MOV (valuation); – Signed Master List of ARBs; – DARAB Order for installation if contested |
| Certificate Authorizing Registration (CAR) | Authorizes ROD to register a deed (sale, donation, etc.) of agricultural land | – Duly notarized Deed of Conveyance; – Affidavit of Aggregate Landholding (≤5 ha if transferee is natural person); – Undertaking to cultivate; – Proof of Agrarian Reform Beneficiary (ARB) qualification, if applicable |
| Certificate of Non-Coverage (CNC) | Confirms land is outside CARP or already converted | – Certified true copy (CTC) of title (TCT/OCT); – Sworn Landholding History; – HLURB/City/Municipal Ordinance if reclassified; – Zoning certification |
| DAR Transfer Clearance (DTC) | Pre-registration clearance for transfers of agricultural land that remain classified as such but are within retention limits/exempt cases | – Same as CAR but with Retention Order or Exemption Order of owner; – RPT clearance; – Barangay Certification of actual use |
| Exemption / Conversion Order | Changes land use to non-agricultural | – Socio-Economic Impact Study (SEIS); – Environmental Compliance Certificate (ECC) where required; – Endorsement from LGU & HUDCC/HLURB; – Proof of Payment of disturbance compensation, if any |
| Retention Order Certification | Acknowledges owner's reserved 5-ha retention | – Sworn Application; – Sketch Plan of proposed retained area; – Family Farm Information Sheet |
¹ Documentary lists above aggregate the core requirements across several A.Os.; particular MARO/Provincial levels may issue supplemental checklists (e.g., geotagging, barangay agrarian council (BAC) resolutions).
5. Procedural Flow for Obtaining a DAR Certification
- Filing & Docketing Where: Municipal Agrarian Reform Office (MARO) having jurisdiction over the land. Documents: Checklist above, plus accomplished DAR Form MRF-01 and official receipt for filing fee (nominal).
- Pre-Evaluation & Field Investigation – MARO verifies actual land use, checks ARB status, interviews adjoining farmers. – Generates Field Investigation Report (FIR) and geotagged photos.
- Posting & Notices (for transfers involving >1 ha or affecting tenants) – 15-day posting at barangay hall and municipal bulletin board. – Affidavit of Posting executed by MARO.
- Provincial Agrarian Reform Office (PARO) Review – Legal Officer ensures completeness; may issue Legal Opinion for complex cases (e.g., corporate landholdings, multiple heirs).
- Regional Director (RD) Approval – Most certifications (CNC, DTC, Retention) currently delegated to RDs under DAR A.O. #3-2017; large-area conversions (>50 ha) remain with the Secretary.
- Release & Annotation – Approved certification forwarded to ROD for annotation on title. – Validity: generally one (1) year from issuance, unless otherwise stated.
- Monitoring & Compliance – MARO conducts spot checks; violations (e.g., conversion without authority, fragmentation sale) lead to cancellation proceedings under A.O. #6-2019 and possible criminal liability under §73 CARL.
6. Fees and Timelines (Field Practice)
| Certification | Government filing fee | Indicative processing time* |
|---|---|---|
| CLOA generation (post-valuation) | None (CARP funded) | 120–180 days from complete documentation |
| CAR / DTC | ₱2,000–₱5,000 (provincial schedule) | 30–45 days |
| CNC | ₱1,000–₱3,000 | 15–30 days |
| Exemption/Conversion Order | Filing: ₱1,000/ha; Inspection: ₱2,000/ha; Conversion Fee: up to 2% of zonal value | 90–180 days (statutory) |
| Retention Order | ₱1,000 | 45 days |
*Processing time counts from the date the MARO issues a Certificate of Completeness (COC). Delays are common if surveys are inaccurate or if there are tenurial disputes.
7. Common Pitfalls and How to Avoid Them
- Inadequate Survey – A sketch plan that overlaps adjacent titles stalls FIR approval; use a DENR-licensed Geodetic Engineer and secure an Approved Survey Plan (ASP).
- Over-fragmentation – Transfers of less than three (3) hectares to multiple buyers within five (5) years may be treated as evasion of retention limits (A.O. #7-2011).
- Misclassification Reliance – A local zoning ordinance after 15 June 1988 does not exempt land from CARP; only DAR Conversion Order can.
- Failure to Post Notices – Even if transferee is the tenant himself, posting is mandatory for transparency; omission voids the certification.
- Ignoring NCIP – If land overlaps ancestral domain or ancestral land claims, Certification Precondition (CP) from NCIP is needed alongside DAR Clearance.
8. Relevant Jurisprudence
| Case | G.R. No. / Date | Ratio with respect to DAR Certification |
|---|---|---|
| Department of Agrarian Reform v. Yap | G.R. 206922, 17 Apr 2019 | DAR has exclusive original jurisdiction to determine coverage; ROD cannot register sale without DAR clearance. |
| Heirs of Malate v. Gamboa | G.R. 200461, 15 Jun 2016 | Reclassification by LGU before 15 June 1988 plus DAR certification suffices to exempt land from CARP; no conversion order needed. |
| Pagdanganan v. DAR | G.R. 183997, 08 Oct 2013 | Failure to obtain DAR clearance renders deed void and transferee in bad faith; restoration to CARP coverage ordered. |
| Novartis Agribusiness v. DAVAO (DARAB) | G.R. 162228, 06 Dec 2010 | In VLT/DPS, DAR must ensure full payment; non-payment can rescind transfer even if certification issued. |
9. Compliance, Sanctions and Post-Certification Obligations
- Administrative Liability – DARAB can recall or cancel certificates for fraud, concealment, or violation of retention rules (A.O. #6-2019).
- Criminal Liability – §73(e) CARL penalizes sale or transfer without DAR approval; penalties include imprisonment of up to 10 years.
- Transferee Obligations – Maintain agricultural use, cultivate or supervise cultivation, and refrain from speculative conversion for at least five (5) years unless with DAR Conversion Order.
- Monitoring – Post-issuance, MARO conducts periodic verification; non-compliant land may be placed under CA.
10. Practical Tips for Practitioners and Landowners
- Conduct a “DAR Diagnostic” Early – Before drafting any deed, obtain from DAR a preliminary assessment (informal) of whether land is CARP-covered, exempt, or requires conversion.
- Bundle NCIP and HLURB clearances when relevant – Doing these sequentially, instead of in parallel, is the most common timeline killer.
- Geotag Everything – Photos with embedded coordinates dramatically reduce verification queries at the regional level.
- Use the CARP Login Portal – DAR’s e-CARPIS (rolled out 2024) allows online status checks; upload missing documents within five (5) days to avoid queue reset.
- Anticipate Retention Segregation – If seller is disposing of only part of a >5-ha title, secure the Retention Order first, then have the lot technically described.
11. Conclusion
DAR certifications sit at the heart of Philippine land transactions wherever agricultural land is involved. They ensure that the social-justice goals of CARP are preserved even as landowners exercise proprietary rights. Each mode of acquisition—compulsory, voluntary or otherwise—carries its own documentary demands, yet all share common threads: an accurate survey, transparent notice, and proof that the transferee will respect agrarian-reform limitations. Mastery of these requirements not only speeds up registration and compensation but also shields parties from administrative reversals and criminal exposure.
Disclaimer: This article summarizes prevailing statutes, administrative orders and jurisprudence as of 11 June 2025 (Asia/Manila). Regulatory issuances change frequently; always consult the latest DAR Administrative Orders, memoranda and local circulars, or seek formal legal advice for specific transactions.
Prepared by: [Name], LL.M., Philippine Agrarian & Property Law Specialist