How to Check CLOA Land Ownership With the DAR in the Philippines

How to Check CLOA Land Ownership With the Department of Agrarian Reform (DAR) in the Philippines

This article explains how to verify land ownership covered by a Certificate of Land Ownership Award (CLOA) under the Comprehensive Agrarian Reform Program (CARP) in the Philippines. It is written for farmers-beneficiaries, buyers, lenders, local officials, lawyers, and due-diligence teams.


1) Primer: What a CLOA Is (and Isn’t)

  • CLOA is the conveyance instrument whereby the State (through DAR) awards agricultural land to an agrarian reform beneficiary (ARB).

  • Once registered with the Registry of Deeds (RoD), the CLOA becomes an Original/Transfer Certificate of Title (OCT/TCT) bearing annotations that the land is CARP-awarded and subject to restrictions (e.g., transfer and encumbrance limits).

  • CLOA is distinct from:

    • Emancipation Patent (EP) under P.D. 27 (older rice/corn lands), and
    • Regular private titles (TCT/OCT without agrarian reform restrictions).

Key legal anchors to know:

  • CARP law (R.A. 6657, as amended by R.A. 9700 and related statutes);
  • Property Registration Decree (P.D. 1529) for titling mechanics; and
  • DAR Administrative Orders (AOs) on land transfer, retention, award, and parcelization.

2) What “Ownership” Means in a CLOA Context

“Ownership” of a CLOA-awarded land is qualified and conditional:

  • Ten-year prohibition on sale or transfer from the date of award/registration (with limited exceptions such as hereditary succession or transfers to the government/qualified beneficiaries).
  • Full-payment requirement of amortizations to the Land Bank of the Philippines (LBP) before most voluntary transfers or mortgages can be validly recognized.
  • Use restrictions: Land must be devoted primarily to agriculture (subject to legally authorized conversions).
  • Annotations control: The back page of the title (and RoD’s memorandum of encumbrances) governs what you can/cannot do (e.g., liens in favor of LBP, DAR approvals required, pending cases).

Because of these, verifying “ownership” is not just seeing someone’s name—it’s confirming (a) the title is genuine and subsisting, (b) the person is the lawful ARB or successor, (c) liens/encumbrances, cases, or prohibitions don’t bar disposition, and (d) the parcel is the one on the ground.


3) The Gold Standard for Verification: Cross-Checks in Five Offices

You will rarely rely on one office alone. Proper due diligence typically touches five government points:

  1. Registry of Deeds (RoD) – authenticity, chain of title, annotations
  2. DAR field offices – status of the award, beneficiary records, parcelization, case dockets
  3. Land Bank of the Philippines (LBP) – amortization/loan status, consent requirements
  4. Local Government (Assessor/Treasurer) – tax mapping, tax declarations (TDs), arrears
  5. DENR (Land Management Services / CENRO/PENRO) – survey approvals, lot identity on the ground

Below is the practical, step-by-step playbook.


4) Step-by-Step: How to Check CLOA Land Ownership

Step 0: Gather Identifiers (before you go)

  • Owner/ARB name (including middle name and known aliases)
  • CLOA number and Title number (OCT/TCT No.)
  • Lot/Survey numbers (Lot No., Psu/Pls/Csd/Cad, barangay/municipality/province)
  • Tax Declaration No. and PIN (property index number), if any
  • Copy of the CLOA or title, if available; valid ID; SPA/authorization if you are a representative

Tip: Even if you don’t have a copy, knowing precise location and awardee name often suffices to pull records.


Step 1: Verify the Title at the Registry of Deeds (RoD)

Ask for a Certified True Copy (CTC) of the title and the memorandum of encumbrances.

Check:

  • Registered owner name exactly matches the claimed ARB.
  • Nature of title: It should expressly state “CLOA” and reference CARP; many RoDs label it as TCT No. _____ (CLOA).
  • Annotations: LBP mortgages/charges, DAR restrictions, pending DARAB cases, writs, notices of levy, adverse claims, subdivision/parcelization entries, or order canceling/confirming a CLOA.
  • Mother title / previous entries if the CLOA is a transfer from a prior registered title.
  • Technical description (boundary bearings/area) matches survey and tax records.

Red flags: Mismatched names, erasures, unregistered deeds of sale, or “clean” titles that suspiciously lack the standard CARP restrictions.


Step 2: Check Status with DAR (Field and Provincial/Regional)

Visit the Municipal Agrarian Reform Office (MARO) where the land is located; escalate to the Provincial (DARPO) or Regional Office (DARRO) as needed.

Request:

  • Verification of ARB status (Is the named person the recognized beneficiary? Has there been substitution, waiver, or disqualification?)
  • Award documents: copy or abstract of the CLOA, Field Investigation Reports, ARB masterlist entries, Notice of Award/Installation records.
  • Case dockets: Any cancellation, reinstatement, inclusion/exclusion, tenurial dispute, or conversion proceedings.
  • Parcelization status for Collective CLOA (CCLOA): If the title is collective, ask about parcelization and whether individual titles are in process or already issued.
  • Retention / Exemption records of the former landowner that might have affected the award.
  • DAR certifications commonly required for transactions (e.g., Certificate of Full Payment, DAR Certification on Transferability, or status letters stating no pending cases).

Note on Collective CLOAs: If the property is under a collective CLOA, “ownership” verification includes determining the specific share/parcel assigned (or to be assigned) to each ARB once parcelized. Ask DAR for the parcelization map, lot assignments, and new title numbers if already generated.


Step 3: Confirm Amortization/Loan Status with LBP

Because many CLOA lands carry amortization obligations or LBP liens:

  • Inquire if the account is fully paid, current, or in arrears.
  • Request the Certificate of Full Payment (if applicable) or updated statement.
  • Clarify whether LBP consent is required for proposed mortgages/transactions.
  • If the ARB died, confirm heirs’ assumption or settlement of balances.

Why this matters: A “clear” RoD title may still have unpaid LBP obligations or require DAR/LBP approval for transfers—deal-breakers for buyers and lenders.


Step 4: Align with Assessor/Treasurer (LGU)

At the Municipal/City Assessor, obtain:

  • Tax Declaration (TD) in the ARB’s name (or whose name it’s currently under);
  • Tax Map / Map Index cross-reference to the lot;
  • Assessment history and area as recorded (watch for discrepancies versus the title).

At the Treasurer’s Office, check:

  • Real property tax (RPT) status: arrears, penalties, installment arrangements;
  • Clearances needed for transfer (e.g., RPT clearance).

Caution: TDs do not prove ownership but are essential corroborative records and for processing future transactions.


Step 5: Fix the Parcel on the Ground (DENR/Land Surveys)

If location/identity is unclear:

  • Visit DENR-LMS (Regional/Provincial) or CENRO/PENRO for approved survey plans, lot data computations, and geodetic info.
  • Commission a Geodetic Engineer for a relocation survey if monuments/boundaries are lost or disputed.
  • Ensure the technical description on the title matches the approved survey.

5) Special Situations & How to Handle Them

A) Collective CLOA (CCLOA)

  • Ownership check includes confirming whether you have a defined parcel or only an undivided share.
  • Ask DAR about parcelization (individualization) status, the beneficiary list, and issuance of new individual TCTs.
  • Until parcelization is complete, transfers are generally restricted; due diligence must assess use rights within the collective area.

B) Transfers, Sales, and Mortgages

  • During the 10-year bar from award/registration (and without full payment), most transfers are void except allowed exceptions.

  • After restrictions lapse and upon full payment, transfer may proceed subject to law (e.g., beneficiaries’ priority, DAR certifications, and standard tax/transfer requirements).

  • Mortgages often require DAR/LBP clearance; lenders typically demand:

    • CTC of title with annotations,
    • DAR Certifications,
    • LBP clearance or consent,
    • Tax clearances,
    • No-encumbrance or case status letters.

C) Inheritance/Succession

  • Within the 10-year period, hereditary succession is an allowed mode. Heirs must:

    • Prove relationship and heirship (e.g., PSA docs, extrajudicial settlement if applicable);
    • Coordinate with DAR for recognition/substitution in the beneficiary registry;
    • Update the RoD title via appropriate instruments (e.g., Affidavit of Adjudication/Extrajudicial Settlement, Estate Tax compliance).

D) Lost or Damaged Title

  • Apply for reconstitution/issuance of owner’s duplicate under P.D. 1529/RA 6732 procedures (administrative or judicial, as applicable).
  • Pull CTC from RoD and DAR records to reconstruct history and annotations.

E) Disputes & Cancellation

  • Beneficiary inclusion/exclusion, tenancy disputes, or CLOA cancellation issues typically fall within DAR/DARAB jurisdiction (subject to evolving jurisprudence on specific causes of action).
  • Obtain the case docket number, parties, and stage; consider status quo orders or lis pendens annotations at RoD.

6) Documentary Checklist (By Institution)

At RoD

  • Request Form for CTC of Title
  • Title number (OCT/TCT), Name of registered owner
  • Valid ID / SPA if by representative
  • Fees

At DAR (MARO/DARPO/DARRO)

  • Letter-request for verification
  • ARB name; location; CLOA/TCT No.; Lot/Survey Nos.
  • Copy of title/TD if any; valid ID/SPA
  • Ask for: ARB status, case dockets, parcelization/individualization, certifications (full payment, transferability, no pending case), and installation records

At LBP

  • Letter-request; title/CLOA details; ARB name
  • Authorization/SPA where needed
  • Ask for: account status, consent requirements, certificate of full payment (if any)

At Assessor/Treasurer

  • Request TD, map index, arrears statement, and RPT clearance

At DENR-LMS/CENRO/PENRO

  • Request approved survey plan, lot data computations, and verification survey guidance

7) Practical Verification Flow (One-Pager)

  1. RoD CTC of Title + Encumbrances → confirm name, nature (CLOA), annotations.
  2. DAR field verification → confirm ARB status, parcelization, cases, certifications.
  3. LBP status → amortization, liens, consent, full-payment certificate.
  4. LGU tax check → TD alignment and RPT arrears.
  5. Survey confirmation → DENR/GE for location and boundaries.
  6. Synthesize → If name/parcel/encumbrances align and no legal impediment exists, the claimed ownership checks out; otherwise, identify cure (e.g., pay arrears, secure certifications, await/participate in parcelization, resolve cases).

8) Frequently Asked Questions

Q1: Is a photocopy of a CLOA enough proof of ownership? A: No. Only the RoD-issued Certified True Copy of the registered title is dispositive, read together with annotations.

Q2: The title shows a CARP lien. Can we sell the land? A: Generally no within the 10-year period and/or without full payment. Even after, DAR/LBP rules and priority of buyers (beneficiaries/government) may apply; obtain DAR certifications.

Q3: Our CLOA is collective. Who owns which portion? A: Until parcelization, ARBs hold undivided interests subject to internal allocation/use. Ask DAR for PCC (parcelization) status and resulting individual titles.

Q4: There’s a buyer claiming a deed of sale. Is that valid? A: Many such deeds are void if executed during the prohibition or without DAR/LBP approvals. Always check RoD annotations and DAR status.

Q5: How do we know if the land was converted? A: Ask DAR for conversion orders; check RoD annotations; cross-check actual use on the ground. Unauthorized conversion can lead to sanctions and nullity of transactions.


9) Model Request Letters (You Can Reuse)

A) DAR Verification Letter

Subject: Request for CLOA Ownership/Status Verification To: The MARO / Provincial Agrarian Reform Office I respectfully request verification of the status of the CLOA covering the property described as follows: [Municipality/Barangay, Lot/Survey Nos., Area]. The registered owner/beneficiary is [Name]. Please confirm: (1) current recognized ARB(s); (2) existence of any pending DAR/DARAB cases, cancellation/reinstatement actions, or conversion; (3) parcelization status (if collective); and (4) availability of certifications (e.g., full payment, transferability, no pending case). Attached are copies of my ID and the title/TD (if available). I am the [owner/authorized representative], per attached SPA. Thank you.

B) LBP Amortization Status Letter

Subject: Request for Account Status – CARP/CLOA Land To: The Branch Manager, Land Bank of the Philippines Kindly provide the amortization/loan status and any lien/consent requirements for the CLOA-covered land under the name of [ARB], TCT/OCT No. [], located at []. I am the [owner/authorized representative], per attached SPA and ID.


10) Common Pitfalls (and How to Avoid Them)

  • Relying on tax declarations alone → Always secure the RoD CTC.
  • Ignoring annotations → Restrictions and pending cases are often only visible in the encumbrances.
  • Skipping LBP → Even with a “clean” CTC, LBP liens/consents can halt deals.
  • Not checking CCLOA status → Parcelization can change title numbers and boundaries.
  • Mismatched surveys → A relocation survey saves you from boundary disputes and erroneous conveyances.
  • Data privacy missteps → When in doubt, bring owner’s consent or show a legitimate interest.

11) Quick Compliance Matrix (Who Issues What)

Purpose Office Document/Outcome
Confirm registered owner & encumbrances RoD CTC of Title, Encumbrances
Confirm ARB and case/parcelization status DAR Status letter, Certifications (full payment, transferability, no case)
Confirm amortization/lien LBP Account status, Certificate of Full Payment, Consent
Corroborate area & tax status Assessor/Treasurer TD, RPT Clearance
Fix location/identity DENR-LMS / GE Approved survey plan, Relocation survey

12) Bottom Line

To check CLOA land ownership, do not stop at a name on the face of a title. True verification in the Philippines requires a multi-office cross-check: RoD for the registered title and encumbrances, DAR for beneficiary and case status (including parcelization for CCLOAs), LBP for amortization and liens, LGU for tax corroboration, and DENR/GE for on-ground identity. When all five align, you have a defensible, due-diligence-grade confirmation of CLOA ownership—and a clear view of what can legally be done with the land.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.