DAR Clearance on Agricultural Lands

and other related issuances

How to acquire lands under CARP

• DAR A.O. 8 S. 1995

• DAR A.O. 4 S. 2021
• EXPROPRIATION
• CONVERSION
What is DAR Clearance?

• A DAR Clearance may be through DAR Administrative

Order No. 8 series of 1995

• DAR Clearance under DAR Administrative Order No. 4,

Series of
DAR A.O. 8, s. of 1995

• Otherwise known as Transferability of Awarded Lands

• This covers agricultural lands which are awarded by DAR

through PD 27 or Emancipation Patents or through RA
6657 or Certificate of Land Ownership Award

• The purpose is to ensure that agrarian laws were not

circumvented
Salient features under DAR A.O. 8

• That the productivity of the land shall be maintained by

the transferor;
• That the agregate land ceiling of five (5) hectares shall be
observed;
• That any change in the nature of the use of said land the
owner shall secure order of conversion with the DAR;
• That the same should not be tenanted, there is no
pending case before the DARAB for the transferor
Salient features under DAR A.O. 8

• That the productivity of the land shall be maintained by

the transferor;
• That the agregate land ceiling of five (5) hectares shall be
observed;
• That any change in the nature of the use of said land the
owner shall secure order of conversion with the DAR;
• That the same should not be tenanted, there is no
pending case before the DARAB for the transferor
Salient features under DAR A.O. 8

• That the productivity of the land shall be maintained by

the transferor;
• That the agregate land ceiling of five (5) hectares shall be
observed;
• That any change in the nature of the use of said land the
owner shall secure order of conversion with the DAR;
• That the same should not be tenanted, there is no
pending case before the DARAB for the transferor
Who may apply under DAR A.O. 8 s. 1995

• Any person be it natural or juridical

• Juridical persons need not be engaged in agricultural
business
• For as long as the transferor have undetake to continue
the productivity of the land and that they will not do acts of
premature and illegal conversion
• Provided further that they did not exceed the aggregate
landholding ceiling
What is DAR A.O. 4, 2021

• Any person be it natural or juridical

• For those lands not covered by CARP but is agricultural in
nature
• The same shall be applied before the PARPO of the
province concern
What is Conversion?

• Jose Luis Ros, et al. v. Department of Agrarian Reform, et

al.
Conversion is the act of changing the current use of a piece
of agricultural land into some other use.

Once converted the land can be transacted directly to

R.O.D.
 What is expropriation?

• DIDIPIO EARTH-SAVERS’ MULTI-PURPOSE

ASSOCIATION, INCORPORATED VS. GOZUN, G.R. No.
157882 (March 30, 2006) FIRST DIVISION
The power of eminent domain is the inherent right of the
state (and of those entities to which the power has been
lawfully delegated) to condemn private property to public
use upon payment of just compensation.
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