How to Apply for Land Acquisition Under the Philippine Department of Agrarian Reform (DAR)

This guide explains every major legal, procedural, and practical point you need to know about acquiring agricultural land through the Comprehensive Agrarian Reform Program (CARP) and its extension, CARPER, as administered by the Department of Agrarian Reform (DAR).

1. Legal Framework

Instrument	Key Provisions on Land Acquisition
1987 Constitution, Art. XIII §4	Mandates the State to undertake agrarian reform, including the distribution of agricultural land to landless farmers.
RA 6657 (1988) – CARL	Creates CARP and sets rules on compulsory acquisition, valuation, compensation, beneficiary selection, and support services.
RA 9700 (2009) – CARPER	Extends CARP, re-tools LAD procedures, creates the Agrarian Justice Delivery mechanisms, and sets a pool of funds for compensation.
PD 27 (1972)	Earlier program for rice and corn lands—still relevant for Emancipation Patents.
Executive Order 75 (2019)	Directs government agencies to identify and transfer idle government-owned lands to DAR for distribution.
DAR & LBP Administrative Orders	Implementing rules on coverage, valuation (e.g., DAR AO 1-2017; AO 02-2023), collective CLOA parcelization, VLT/DPS rules, etc.

2. Modes of Land Acquisition

Acronym	Full Name	Who Initiates	Typical Use Case
CA / LAD	Compulsory Acquisition under Land Acquisition & Distribution	DAR (can be triggered by farmer petition)	Private agricultural lands above retention limit where owner does not volunteer to sell
VOS	Voluntary Offer to Sell	Landowner	Owner is willing to sell on CARP terms
VLT / DPS	Voluntary Land Transfer / Direct Payment Scheme	Landowner and farmers	Landowner directly transfers and finances a deal with identified ARBs (DAR supervises)
GOL Distribution	Government-Owned Lands under EO 75	Custodian agency	Idle or non-core public lands; fast-tracked LAD
Public Domain Settlement	Free patent & homestead (DENR) then transfer to DAR	Government	Public A&D land suitable for agri settlement

Why it matters: The paperwork, valuation timing, and dispute routes differ slightly for each mode. Below we focus on CA/LAD (the default) and flag special steps for the others.

3. Eligibility: Landowners vs. Agrarian Reform Beneficiaries (ARBs)

3.1 Landowner Retention

Up to 5 ha retention; plus 3 ha each for up to three qualified children (must be 15 yrs + and actually tilling/ managing the land).
Retention exercise must be filed within 60 days of receiving the Notice of Coverage (NOC). Failure = deemed waived.

3.2 ARB Qualification

Landless (owns ≤3 ha of agricultural land nationwide).
Filipino citizen.
Actual tiller / dependent on agri livelihood.
Resident of the barangay or municipality where the land is located.
No involvement in land-related evictions or conversions in bad faith.

Priority order: (1) tenant-farmers ⇒ (2) regular farmworkers ⇒ (3) seasonal farmworkers ⇒ (4) other residents of the same barangay ⇒ (5) residents of adjoining barangays ⇒ (6) others as determined by DAR.

4. Documentary Requirements

Agrarian Reform Beneficiary (ARB)
- Completed Application to Purchase and Farmers’ Undertaking (APFU)
- Affidavit of Landlessness
- Proof of residency (Barangay certificate)
- 2 × 2 ID photos, government-issued ID
- Birth certificate (if staking children-beneficiary claim)
- Proof of actual tillage (leasehold contract, receipts, or certification from Barangay Agrarian Reform Committee – BARC)
Landowner
- Transfer / Original Certificate of Title (TCT/OCT)
- Tax Declarations, Real Property Tax (RPT) receipts
- Capital Gains / Estate Tax clearances if applicable
- Sketch plan & approved survey (if available)
- Sworn statement of existing liens & encumbrances

5. Step-by-Step Procedure for Compulsory Acquisition (LAD)

Stage	What Happens	Key Time Limit
1. Coverage Identification	DAR Municipal Office (DARMO) and BARC survey the municipality & prepare Land Acquisition & Profiling Survey (LAPS).	Continuous
2. Notice of Coverage (NOC)	DAR Provincial Office issues NOC to landowner, BARC, LGU, and posts in conspicuous places; published in a newspaper of general circulation.	30 days for owner to respond
3. Field Investigation (FI)	Team of DAR, LBP, DENR, BARC, owner, and prospective ARBs inspect the land; document land use, improvements, crops, compiles Field Investigation Report.	Within 30 days of NOC receipt
4. Land Valuation Request to LBP	DAR transmits FI docs to Land Bank for just compensation computation (uses DAR AO 1-2017 formula: MV = (%Factor1 × MV1) + …).	LBP must reply within 30 days
5. DAR Land Valuation & Preliminary Offer	DAR issues Notice of Land Valuation & Acquisition (NLVA) stating LBP valuation; served on owner.	Owner has 30 days to Accept / Reject
6. Deposit & Payment	If owner accepts, LBP issues Certificate of Deposit (cash + CARP bonds) and releases 25% cash upfront; title surrendered. If rejected, DAR begins expropriation in the Special Agrarian Court (SAC).	Deposit within 15 days of acceptance
7. Title Transfer	Register of Deeds cancels TCT/OCT and issues TCT in the name of “Republic of the Philippines (DAR)”.	15 days
8. Generation of CLOAs	DARMO prepares Certificate of Land Ownership Award (CLOA)—either individual or collective, depending on AO 03-2021 parcelization rules.	60 days
9. Registration & Distribution	CLOAs registered; installation rites place ARBs in actual, physical possession; APFU signed.	Installation ideally within 30 days of CLOA generation
10. Amortization & Support Services	ARBs pay LBP 30-year amortization at 6% fixed interest, starting 1 yr from installation. DAR provides credit, extension, and infrastructure packages.	Continuous

Voluntary Offer to Sell (VOS): Same valuation track, but steps 1-2 are replaced by landowner’s Letter of Intent to Sell; usually speeds up to steps 4-10 within ~6 months. VLT/DPS: DAR vets the privately negotiated VLT Agreement; no LBP funds are used, but DAR still issues CLOAs.

6. Valuation Rules at a Glance

Comparable Sales (CS)
Capitalized Net Income (CNI)
Market Value per Tax Declaration (MV)
BIR Zonal Valuation (ZV)
Agri Productivity & Location Factors

DAR formula weights the above (per AO 1-2017); if any factor is 0 or unavailable, remaining factors are re-weighted pro rata. Disputes go to DAR Adjudication Board (DARAB); appealable to SAC, then Court of Appeals, then Supreme Court.

7. Special Situations

Scenario	Special Rule	Citation
Collective CLOAs (1990s) needing parcelization	DAR AO 03-2021 mandates re-survey and individualization unless justified collective use (e.g., integrated farms).	CARPER §25-A
Emancipation Patent (PD 27) upgrades	EP holders may swap for CLOAs to avail newer credit windows but remain bound by 10-year alienation ban.	DAR Memo Cir. 05-2014
Idle Government-Owned Lands	Covered by EO 75; skip valuation—title is already State-owned; distribution target < 2 years.	EO 75-2019
Exemptions/Exclusions (e.g., livestock, agro-industrial)	Owner files for DAR Exemption/Exclusion Order under AO 03-1995 or AO 09-2020 (for livestock).	CARL §11
Land Conversion	Only post-award conversion allowed (RA 8435, DAR AO 01-2002); requires DAR Secretary approval + Cabinet concurrence if > 5 ha.	CARL §65

8. Rights & Obligations of ARBs

Security of tenure – may not be ejected except for just causes after due process.
Ten-year prohibitive period – cannot sell, transfer, or mortgage except to the State or other qualified ARBs.
Amortization – failure to pay 3 consecutive annual amortizations can trigger foreclosure; DAR/LBP usually restructure first.
Productivity requirement – land must remain agricultural; conversion without authority is ground for forfeiture.
Succession – if an ARB dies, spouse & children succeed; if none, nearest relative within 3rd civil degree who tills the land.

9. Remedies, Protests & Appeals

Issue	Forum	Deadline
Valuation disagreement	DARAB (petition for determination of just compensation)	15 days from NLVA receipt
Coverage/retention protest	DAR Secretary (administrative)	Within NOC response period
Inclusion/Exclusion as ARB	Provincial Agrarian Reform Coordinating Committee (PARCCOM) → DARAB	15 days from CLOA issuance
Conversion application	DAR Center for Land Use Policy Planning & Implementation (CLUPPI)	Anytime, but must halt agrarian operations
Appeal DARAB decision	Special Agrarian Court (RTC branches designated as SAC)	15 days
Appeal SAC decision	Court of Appeals → Supreme Court (Rule 45)	15 days each stage

10. Timelines & Policy Outlook (as of 2025)

2016 – Original legal deadline for issuing NOCs (met only ~90%).
EO 75 (2019) – Created a new pool of ~700,000 ha government land; ongoing.
CLOA Parcelization Program (2021-present) – Aims to convert 1.3 M ha collective CLOAs into individual titles by 2026.
DAR’s LAD Balance (Dec 2024) – ~450,000 ha still for issuance of CLOAs, mainly in Mindanao intercropping areas.
Pending CARP Extension Bills (19th Congress) – Seek fresh funding for support services and amortization condonation.

11. Practical Tips for Applicants

Join or Organize an ARB Cooperative (ARBO) – Collective bargaining streamlines documentary compliance and support-service access.
Secure Barangay Agrarian Reform Committee (BARC) endorsement early – Speeds up beneficiary screening.
Keep evidence of actual tillage (receipts, photos, affidavits) – crucial when multiple claimants surface.
Attend FI & Installation – Physical presence avoids later boundary disputes.
Monitor title status online via LRA’s A2A portal – ensures CLOA registration is completed.
Utilize DAR’s Legal Assistance Division – Free counsel for valuation cases and ejectment threats.
Plan for amortization – Coordinate with LBP’s Branch Agricultural Credit Officers (BACOs) to align crop cycles with payment schedules.

12. Common Pitfalls to Avoid

Late retention filings – Landowner loses retention automatically.
Unsigned APFU – CLOA may be recalled.
Informal subdivision of collective CLOAs without DAR parcelization order – titles become void.
Conversion without permit – criminal liability under RA 6657 §73(b).
Selling within 10-year period – buyer acquires void title; ARB may lose rights.

13. Conclusion

Applying for land acquisition under DAR is rights-intensive but document-heavy. Understanding each statutory step—from Notice of Coverage to CLOA issuance and beyond—gives both farmers and landowners a clear path and predictable timeline. With the CARP still very much alive through CARPER, EO 75, and parcelization initiatives, qualified tillers can expect land transfer to continue into the latter half of the decade, provided they diligently comply with documentary and procedural requirements outlined above.

For personalized assistance, visit the nearest DAR Municipal Office or consult accredited Agrarian Reform legal practitioners.