In the Philippines, purchasing agricultural land is significantly more complex than buying residential or commercial property. Agricultural lands are governed by the Comprehensive Agrarian Reform Program (CARP), and under Republic Act No. 6657, there are specific restrictions on how these lands can be sold, transferred, or converted.

To protect your investment and ensure a valid transfer of title, verifying the Department of Agrarian Reform (DAR) Certificate or Clearance is a non-negotiable step.

1. Understanding the Key Documents

Before verification, you must identify which document applies to the property:

Certificate of Land Ownership Award (CLOA): This is the title issued to agrarian reform beneficiaries. It often carries a 10-year prohibitory period during which it cannot be sold or transferred, except through hereditary succession or back to the government.
Emancipation Patent (EP): Issued to farmers under older land reform laws (like P.D. 27). Similar restrictions apply.
DAR Clearance: This is a formal certification issued by the DAR stating that a specific land transaction does not violate agrarian laws. It is required by the Register of Deeds (ROD) to process the transfer of title for agricultural lands.

2. The Process of Verification

Verification should be conducted at two levels: the physical document and the legal status at the DAR office.

A. Step 1: Request a Certified True Copy (CTC)

Never rely solely on the photocopy provided by the seller.

Go to the Register of Deeds (ROD) where the property is located.
Request a Certified True Copy of the Original Certificate of Title (OCT) or Transfer Certificate of Title (TCT).
What to look for: Check the "Memorandum of Encumbrances" (usually on the back pages). Look for annotations stating the land is under CARP, or if there is a "Restriction on Transfer/Sale."

B. Step 2: Visit the Municipal Agrarian Reform Office (MARO)

The MARO has jurisdiction over the specific town where the land is situated.

Present the title details to the MARO.
Ask for a Status Verification. The MARO will check if the land is currently covered by a Notice of Coverage (NOC) for expropriation or if the seller is a legitimate Agrarian Reform Beneficiary (ARB).

C. Step 3: Verify with the Provincial Agrarian Reform Office (PARO)

While the MARO handles the ground level, the PARO issues the actual DAR Clearance.

Inquire if a Clearance has already been applied for or issued for the specific Lot Number and Survey Number.
Verify if the land is subject to a "Pending Case" (Agrarian Dispute) before the DAR Adjudication Board (DARAB).

3. Requirements for a DAR Clearance

If you are buying agricultural land that is not awarded via CLOA (e.g., private agricultural land), you still need a DAR Clearance to transfer the title. The DAR will typically require:

Written Request (Letter of Intent to transfer).
Affidavit of Aggregate Landholding: Both buyer and seller must swear they do not exceed the 5-hectare land ownership limit.
Certification from the MARO/PARO: Stating the land is not covered by CARP or has no pending case.
Tax Declaration and Current Tax Clearance.
Affidavit of Non-Tenancy: A certification (verified by MARO) that there are no tenants on the land, or if there are, that their rights have been respected.

4. Red Flags to Watch Out For

Red Flag	Legal Implication
Title is a CLOA/EP less than 10 years old	The sale is generally void ab initio (void from the start) unless specific DAR exemptions apply.
Presence of "Tenants" or "Occupants"	In the Philippines, "security of tenure" means you cannot simply evict a farmer-tenant just because you bought the land. They may have a right of redemption or pre-emption.
No DAR Clearance	The Register of Deeds will refuse to register the Deed of Sale, leaving the title in the seller's name indefinitely.
Total Landholding exceeds 5 Hectares	If the buyer already owns 5 hectares of agricultural land, the DAR will deny the clearance for any additional agricultural purchase.

5. Summary Checklist for Buyers

Obtain a fresh Certified True Copy of the title from the ROD.
Verify the identity of the seller against the DAR’s list of beneficiaries.
Secure a Certification of No Pending Case from the DARAB.
Ensure the MARO conducts a field investigation to confirm the land is vacant or free of illegal occupants.
Obtain the formal DAR Clearance before paying the full purchase price.

Legal Note: Under the Law on Sales and the Comprehensive Agrarian Reform Law, any sale executed in violation of the 10-year prohibitory period or the 5-hectare ceiling is null and void. The land can be reverted to the State, and the buyer may lose the money paid to the seller.

Would you like me to draft a template for a Letter of Request to the MARO to begin the verification process?