Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

Provincial Office
Tuguegarao City, Cagayan

IN RE: TRANSFER OF
OWNERSHIP PURSUANT
TO DAR AO NO. 8 SERIES
OF 1995

ADMN. CASE NO.0202-0025-02020

SPOUSES EDERLINA
BUENA AND IRENEO
BUENA

Petitioner/Transferor
-------------------------------------------------x

RESOLUTION

I: NATURE OF THE CASE:

For consideration before this Office is a request for land Transfer Action
pursuant to DAR Administrative Order (A.O) No. 08 series of 1995, involving a
parcel of agricultural land embraced by Transfer Certificate of Title (TCT) No. T-
13647 with Certificate of Land Ownership Award No. 00590634 and denominated as
Lot No. 9 of plan Psd-02-(AF) -02-018308 (AR) containing an area of Two Thousand
Six Hundred Five (2,605) square meters, more or less, situated in Bagumbayan, Lal-lo
, Cagayan.

II: STATEMENT OF FACTS:

The above described land was placed under the Comprehensive Agrarian
Reform (CARP) coverage through Voluntary Land Transfer/ Direct Payment Scheme
(VLT/DPS) pursuant to Republic Act (R.A) No. 6657, as amended by R.A No. 9700.
The same was awarded to Sps. Ederlina Buena and Irineo Buena and registered on
December 28, 2000 in the Registry of Deeds of Tuguegarao City.

However, on September 07, 2017, the transferor executed a Deed of Absolute

Sale for the transfer and conveyance of the subject land to Ferdinand L. Caliboso,
herein transferee, Hence, the instant petition.

In support of the letter –request, the following documents were appended, viz:

From the Transferor:

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 1. Investigation Report of MARPO Edgar C. Cordova;
2. Letter-request with Verification/Certification of non-forum shopping;
3. Certification of Full Payment from the Municipal Agrarian Reform Office of
Lal-lo Cagayan;
4. Affidavit of No Pending Case;
5. Affidavit of Conformity;
6. Photocopy of government issued Identification Cards;
7. Electronic of Copy of TCT No. T-13644;
8. Deed of Absolute Sale;
9. NIA Certification issued by Winston S. Zulueta – Principal Engineer A, NIA
Magapit Pump Irrigation System.
10. Certification regarding Loans issued by Emily T. Cuarteros, OIC Head,
Cagayan Lending Center.
11. Real Estate Tax Clear ance issued on September 26, 2017 by Marivic M.
Bungubung, CPA,ICO-Municipal Treasurer;
12. Tax Declaration; and
13. Deed of Transfer under R.A. No. 6657

From the Transferees;

1. Affidavit of Aggregate Landholding of Eduard L. Caliboso;

2. Provincial Assessor’s Certification of Aggregate Landholding issued by Atty.
Rhodora S. Orro-Enaman, REA;
3. Municipal Assessor’s Certification of Aggregate Landholding issued by Nenita
A. Mendoza,REA;
4. Certification of Exemption issued by Vivian V. Tarectecan, Asst. Revenue
District Officer of the BIR; and
5. Photocopy of Voter’s Identification card;
6. Community Tax Certificate;

III: ISSUE: Whether or not the subject landholding may be transferred to the herein
applicant.

IV: LAW, RULES AND REGULATIONS

R.A 6657: AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN

REFORM PROGRAM TO PROMOTE SOCIAL JUSTICE AND
INDUSTRIALIZATION, PROVIDING THE MECHANISM FOR ITS
IMPLEMENTATION, AND FOR OTHER PURPOSES
Section 27: Lands acquired by the beneficiaries under this Act may not be
sold, transferred or conveyed except through hereditary succession, or to the
government, the Land Bank of the Philippines (LBP), or other qualified beneficiaries
for a period of ten (10) years.
If the land has not yet been fully paid by the beneficiary, the rights to the land
may be transferred or conveyed with prior approval of the DAR to any heir of the
beneficiary or to any other beneficiary who, as a condition for such transfer or
conveyance, shall cultivate the land himself. Failure to comply with the said condition
shall mean that the land shall be transferred to the LBP, which shall issue the Notice
of Availability of the land.
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DAR ADMINISTRATIVE ORDER NO. 08-95

xxx
1.         Lands awarded to ARBs pursuant to either P.D. No. 27 or R.A. No. 6657may
be transferred and registered by the Register of Deeds only after the issuance of a
DAR clearance.

2.         It shall be understood that although the transfer of awarded land is allowed,
the productivity of the subject land be maintained and any change in the nature of its
use shall not be allowed except with the approval of the DAR under its rules on
conversion or exemption.

        Consistent with the government's policy to preserve prime agricultural lands,

irrigated or irrigable lands under A.O. No. 20, Series of 1992 of the Office of the
President shall be non-negotiable for conversion. The non-negotiability shall be
annotated at the back of the Transfer Certificate of Title (TCT) by the Register of
Deeds (ROD).
3.         Transfer of awarded lands under P.D. No. 27, as amended by E.O. No.
228 and R.A. No. 6657 may be allowed, provided the following shall be observed:
a.         that the productivity of the land shall be maintained;
b.         that the buyer will not exceed the aggregate landowner ceiling
provided by law; and
c.         that the ownership ceiling of five (5) hectares shall be imposed.

4.         If awardee was identified as tenant as of 21 October 1972 and amortizations

were fully paid, transfer of awarded lands by the original tenant or his heirs may be
allowed, regardless of date of issuance of Emancipation Patent (EP). (P.D. No. 27, as
amended by E.O. No. 228)

5.         If the land was identified as tenanted after 1972, the transfer may be allowed
only after the lapse of ten (10) years from the date of recognition of the tenants as
stated in the Order of Placement issued pursuant to DAR Memorandum Circular No.
2, Series of 1978. (P.D. No. 27, as amended by E.O. No. 228)

6.         If awardee is a transfer action reallocatee pursuant to an Order of Reallocation,

transfer may be allowed provided ten (10) years have elapsed from the date of
recognition of the reallocatee as stated in the final Order of Reallocation issued by the
Regional Director (RD)/DAR Secretary. However, transfer to a reallocatee by virtue
of succession by an heir shall not be subject to the ten (10) year period prohibition.
(P.D. No. 27, as amended by E.O. No. 228 and R.A. 6657)

7.         Transfer Certificate of Title (TCT) shall be issued by the Land Registration

Authority (LRA) for lands transferred by an awardee to a transferee. (P.D. No. 27, as
amended by E.O. No. 228)

8.         No person shall be allowed to own more than five (5) hectares pursuant to the
ownership ceiling as provided under R.A. No. 6657.

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9.         An awardee who shall dispose of his/her landholding shall no longer be
qualified to become a beneficiary under CARP.

V: DISCUSSION:

Section 27 or R.A No. 6657, as amended by R.A. no. 9700 has set several
restriction on the transferability of awarded land , to wit:

“SEC. 27. Transferability of Awarded Lands- Land acquired by beneficiaries

under this Act or other agrarian reform laws shall not be sold, transferred or
conveyed except through hereditary succession, or the government, to the LBP, or to
other qualified beneficiaries through the DAR for a period of ten (10) years xxx

“ If the land has not yet been fully paid by the beneficiary, the rights to the
land may transferred or conveyed , with prior approval of the DAR , to any heir of the
beneficiary or to any other beneficiary who, as a condition for such transfer or
conveyance, shall cultivate the land himself/herself .xxx

Further, DAR Administrative Order No.8, Series of 1995 provides that

transfer of awarded lands may be allowed provided that the productivity of the land
shall be maintained and that the ownership ceiling of five (5) hectares shall be
imposed.

Here the transfer of the subject land is far beyond the said ten (10) year
prohibitory period. As can be gleaned from the records, it took place seventeen (17)
years after its registration in the year 2000. Also, the Transferor-beneficiaries have
already fully paid the purchase price of the subject land to the original landowner as
evidence by the Deed of Transfer attached to this petition and as certified by the
Municipal Agrarian Reform Office of Lal-lo Cagayan.

The Certifications of Property Holdings issued by the Provincial and

municipal Assessors, together with the Affidavit of Aggregate Landholding, would
likewise show that even after the transfer to the subject land, the herein transferees
will not exceed the ownership ceiling of five hectares.

Having met the above criteria set, this Office thus recommends that the instant
request for transfer be given due course.

WHEREFORE, premises considered, it is respectfully recommended that an Order

be issued:

1. GRANTING the herein Petition for the transfer of ownership of Lot No. 9 of
plan Psd-02-(AF) -02-018308 (AR) embraced under TCT No. T-13647 with
Certificate of Land Ownership Award No. 00590634 in favor of
FERDINAND L. CALIBOSO;

2. DIRECTING the transferee to personally cultivate the land and maintain its
productivity and the agricultural nature thereof; and

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 3. DIRECTING the filing of an Application for Cancellation of TCT No. T13647
with CLOA No. 00590634 pursuant to A.O No. 02 Series of 2018, as
amended;

SO RECOMMENDED

Tuguegarao City, Cagayan, February 18, 2020

ENGR. ARTHUR E.
FAELDON
PARPOII