13/10/2026
#𝐂𝐨𝐧𝐝𝐮𝐜𝐓𝐨𝐊𝐧𝐨𝐰 #𝐋𝐞𝐠𝐚𝐥𝐔𝐩𝐝𝐚𝐭𝐞: 𝐍𝐨 𝐌𝐨𝐫𝐞 𝐃𝐀𝐑 𝐂𝐥𝐞𝐚𝐫𝐚𝐧𝐜𝐞 𝐑𝐞𝐪𝐮𝐢𝐫𝐞𝐝 𝐟𝐨𝐫 𝐋𝐚𝐧𝐝 𝐓𝐢𝐭𝐥𝐞 𝐓𝐫𝐚𝐧𝐬𝐟𝐞𝐫𝐬, 𝐒𝐚𝐲𝐬 𝐃𝐎𝐉
Landowners across the Philippines will no longer need to secure a Clearance from the Department of the Agrarian Reform (DAR) when transferring land titles. This is based on 𝐃𝐞𝐩𝐚𝐫𝐭𝐦𝐞𝐧𝐭 𝐨𝐟 𝐉𝐮𝐬𝐭𝐢𝐜𝐞 𝐎𝐩𝐢𝐧𝐢𝐨𝐧 𝐍𝐨. 𝟏𝟔, 𝐬𝐞𝐫𝐢𝐞𝐬 𝐨𝐟 𝟐𝟎𝟐𝟔, where the DOJ opined that the requirement for DAR Clearance is no longer necessary since the mandate of the DAR to acquire and distribute private agricultural lands in excess of the retention limit, notably has an expiry date – 30 June 2014.
This statutory cut-off is what commonly referred to as a “sunset clause” which is a legislative provision that establishes a specific date or condition upon which the effectivity of a statute or regulatory authority terminates, unless the same is renewed or extended by subsequent legislative action. In light of the sunset clause provided for by the law, the DOJ holds that the CARP ceased to be effective as of 30 June 2014. This means that all provisions of RA 6657 including retention limits on land ownership cease to be effective and becomes functus officio as well.
With this clarification by the DOJ opinion, it becomes clear to present and future applicants of transfer of title that a DAR clearance is no longer necessary and ceases to have any legal basis.
Landowners are advised to bring a copy of the DOJ Opinion when transacting at the Register of Deeds to avoid confusion. Copies can be requested from the DOJ or LRA offices.
For more info, contact us at [email protected]
