How to Obtain a Copy of a CLOA Certificate for Agrarian Reform Beneficiaries in the Philippines

Introduction

The Certificate of Land Ownership Award (CLOA) is a pivotal document in the Philippine agrarian reform framework, serving as the title that vests ownership of agricultural land to qualified agrarian reform beneficiaries (ARBs). Issued under the Comprehensive Agrarian Reform Program (CARP), the CLOA represents the culmination of land redistribution efforts aimed at promoting social justice and equitable land access for tenant farmers, farmworkers, and other eligible individuals. For ARBs, possessing a CLOA is essential not only for establishing legal ownership but also for accessing credit, government support programs, and resolving disputes related to land tenure.

In instances where the original CLOA is lost, damaged, or otherwise unavailable, obtaining a copy becomes crucial. This process is governed by Philippine laws, particularly Republic Act No. 6657 (the Comprehensive Agrarian Reform Law of 1988), as amended by Republic Act No. 9700 (the Comprehensive Agrarian Reform Program Extension with Reforms or CARPER), and relevant administrative orders from the Department of Agrarian Reform (DAR). This article provides a comprehensive overview of the CLOA, the eligibility and rights of ARBs, the procedural steps for obtaining a copy, required documentation, potential challenges, and related legal considerations, all within the Philippine context.

Legal Basis and Historical Context of the CLOA

The CLOA traces its origins to the agrarian reform initiatives post-Martial Law era, building on earlier land reform codes such as Republic Act No. 3844 (Agricultural Land Reform Code of 1963) and Presidential Decree No. 27 (1972), which focused on rice and corn lands. However, it was RA 6657 that institutionalized the CLOA as the primary instrument for awarding lands under CARP, covering all agricultural lands regardless of crop type.

Under Section 24 of RA 6657, the DAR is mandated to issue CLOAs to ARBs after the completion of land acquisition and distribution processes. The CLOA is registered with the Register of Deeds (ROD) and has the same indefeasibility as a Torrens title under Presidential Decree No. 1529 (Property Registration Decree), meaning it becomes incontestable after one year from issuance, except in cases of fraud or other legal grounds.

Amendments under RA 9700 strengthened protections for ARBs, including prohibitions on land conversion for five years post-award and mechanisms for installment payments. Administrative Order No. 02, Series of 2009 (DAR AO 02-09), outlines the rules for CLOA issuance, while DAR Administrative Order No. 07, Series of 2011, addresses the registration and annotation of CLOAs. For obtaining copies, DAR Memorandum Circular No. 19, Series of 1996, and related issuances provide guidelines on reconstructing or issuing certified true copies of lost or destroyed titles.

The Supreme Court has upheld the validity of CLOAs in landmark cases such as Association of Small Landowners in the Philippines, Inc. v. Secretary of Agrarian Reform (G.R. No. 78742, 1989), affirming the constitutionality of CARP, and Heirs of Vda. de Dela Cruz v. Heirs of Dela Cruz (G.R. No. 209360, 2015), which clarified the indefeasibility of CLOAs.

Who Qualifies as an Agrarian Reform Beneficiary?

To contextualize the process of obtaining a CLOA copy, it is essential to understand ARB eligibility, as only qualified individuals can request such documents. Under Section 22 of RA 6657, ARBs include:

Landless farmers and farmworkers who are Filipino citizens.
Regular farmworkers, seasonal farmworkers, other farmworkers, actual tillers, or occupants of public lands.
Collectives or cooperatives of the above beneficiaries.
Others directly working on the land, with priority given to those who are landless and willing to cultivate the land.

Qualification involves screening by the DAR's Provincial Agrarian Reform Office (PARO) or Municipal Agrarian Reform Office (MARO), including public notices, master lists, and resolution of protests. Once awarded, ARBs must comply with obligations such as paying amortizations to the Land Bank of the Philippines (LBP) and maintaining agricultural use of the land.

Importance of the CLOA for ARBs

The CLOA is more than a title; it grants ARBs full ownership rights, subject to a 10-year restriction on sale or transfer (except through hereditary succession or to the government/LBP). It enables access to support services under Section 37 of RA 6657, including credit from LBP, technical assistance from the Department of Agriculture (DA), and infrastructure from the Department of Public Works and Highways (DPWH).

Loss of the original CLOA can impede these benefits, such as securing loans or defending against ejectment suits. Hence, obtaining a copy restores legal security and facilitates transactions like annotation of mortgages or subdivisions.

Procedures for Obtaining a Copy of a CLOA

The process for obtaining a CLOA copy varies depending on whether it is a certified true copy (for intact originals) or a reconstructed copy (for lost or destroyed originals). Applications are filed with the DAR office having jurisdiction over the land, typically the PARO or the DAR Central Office for archival records.

1. Certified True Copy of an Existing CLOA

If the original CLOA is available but a duplicate is needed for official purposes (e.g., banking or court proceedings):

Step 1: Prepare Requirements. Submit a written request letter addressed to the DAR Secretary or the relevant PARO head, specifying the purpose. Include photocopies of the original CLOA, valid government-issued ID (e.g., passport, driver's license), and proof of ARB status (e.g., ARB identification card).
Step 2: File the Request. Submit at the DAR-MARO or PARO where the land is located. For lands under the DAR Central Office's purview, file at the Bureau of Land Acquisition and Distribution (BLAD).
Step 3: Pay Fees. Fees are nominal, typically ranging from PHP 100 to PHP 500 for certification, as per DAR's schedule of fees under Administrative Order No. 01, Series of 2019.
Step 4: Processing and Release. The DAR verifies the records against the original CLOA registry. Processing takes 3-7 working days, after which the certified true copy is issued, stamped, and signed by the authorized officer.

2. Reconstruction or Issuance of a Copy for Lost or Destroyed CLOA

For lost, stolen, or damaged CLOAs, the process involves judicial or administrative reconstruction:

Administrative Reconstruction (Preferred for Simplicity):
- Step 1: Report the Loss. File an Affidavit of Loss with the DAR office, detailing the circumstances. If theft is involved, include a police report from the Philippine National Police (PNP).
- Step 2: Gather Documents. Requirements include:
  - Affidavit of Loss (notarized).
  - Proof of ownership (e.g., tax declarations, LBP amortization receipts).
  - Valid IDs and ARB card.
  - If applicable, death certificate and proof of heirship for deceased ARBs.
  - Publication of notice of loss in a newspaper of general circulation (once a week for two weeks), as mandated by DAR AO 02-09.
- Step 3: File Petition. Submit a petition for reconstruction at the PARO. The DAR conducts an investigation, including ocular inspection of the land and verification with the ROD.
- Step 4: Pay Fees. Includes publication costs (PHP 5,000-10,000) and administrative fees (PHP 500-1,000).
- Step 5: Approval and Issuance. Upon approval by the DAR Secretary or delegated authority, a reconstructed CLOA is issued and registered anew with the ROD. This may take 1-3 months.
Judicial Reconstruction:
- If administrative reconstruction is contested or denied, file a petition for reconstitution under RA 26 (Reconstitution of Torrens Titles) with the Regional Trial Court (RTC) having jurisdiction over the property.
- Requirements mirror administrative ones, plus court fees (PHP 2,000-5,000) and legal representation.
- The court orders publication in the Official Gazette and a newspaper, followed by hearings. Upon favorable judgment, the ROD issues a reconstituted title based on the CLOA.

For CLOAs registered with the ROD, Section 109 of PD 1529 allows for issuance of owner's duplicate upon affidavit and bond posting.

Requirements and Documentation

Common documents across procedures:

Request letter or petition.
Affidavit of Loss (if applicable).
Valid IDs (two forms).
Proof of payment of amortizations.
Tax declaration or real property tax receipts.
Marriage certificate (if applicable).
For representatives: Special Power of Attorney (SPA).

All documents must be original or certified copies, and foreign-based ARBs may use consularized documents.

Fees and Timelines

Fees are regulated by DAR and ROD schedules:

Certification: PHP 100-300.
Reconstruction: PHP 500-2,000 plus publication.
Judicial: Court filing fees per Executive Order No. 197.

Timelines vary: 3-7 days for certification; 1-6 months for reconstruction, depending on case complexity and office backlog.

Common Challenges and Remedies

Delays: Caused by incomplete documents or protests. Remedy: Follow up with DAR's Public Assistance and Complaints Desk.
Disputes: If ownership is contested, resolve via DAR Adjudication Board (DARAB) under RA 6657.
Forgeries: Report to DAR or PNP; penalties under Revised Penal Code (RPC) Articles 169-172.
Unregistered CLOAs: Some older CLOAs may not be registered; ARBs can request registration via DAR's Land Registration Assistance Program.
Heirship Issues: For deceased ARBs, heirs must file for CLOA transfer via extrajudicial settlement (RA 8971) or court proceedings.

Rights and Obligations Post-Obtainment

Upon receiving the copy, ARBs must ensure it is annotated for any encumbrances (e.g., mortgages). Violations of CARP terms, like land conversion without DAR approval, can lead to CLOA cancellation under Section 37-A of RA 9700.

ARBs are entitled to just compensation if land is reacquired by the government, as per Land Bank v. Heirs of Eleuterio Cruz (G.R. No. 175175, 2008).

Conclusion

Obtaining a copy of a CLOA is a safeguard for ARBs' land rights under the Philippine agrarian reform system. By adhering to DAR procedures and legal requirements, beneficiaries can maintain secure tenure, fostering agricultural productivity and rural development. ARBs are encouraged to consult DAR offices or legal aid from the Public Attorney's Office (PAO) for personalized guidance, ensuring compliance with evolving regulations. This process underscores the government's commitment to agrarian justice, as envisioned in the 1987 Constitution's Article XIII.