DOJ Opinion No. 16, Series of 2026 (9 March 2026)

Written by: Felix T. Sy and John Malcolm Aniag

Asia Newsletter (Philippines – Sy & Partners)

A Land Transfer Clearance (“LTC”) from the Department of Agrarian Reform (“DAR”) is no longer a pre-requisite document to register transfers of private agricultural lands. The Department of Justice (“DOJ”) ruled that the period for land acquisition and distribution under the Comprehensive Agrarian Reform Law of 1988, as amended, (“CARL”), ended on 30 June 2014, and with it the retention limits that the LTC is meant to enforce.

ISSUE: Whether a LTC is still required to register transfers of private agricultural lands after the lapse of the CARL’s period for land acquisition and distribution

BACKGROUND: The CARL covers all public and private agricultural lands and limits a landowner’s retention to five (5) hectares, plus three (3) hectares for each qualified child. The LTC is the mechanism by which DAR confirms that a transfer does not breach these limits. The CARL originally provided a ten (10) – year implementation period. It also set 30 June 2014 as the final date for the acquisition and distribution of agricultural lands.

DOJ RULING: The DOJ ruled that the Comprehensive Agrarian Reform Program (“CARP”) ceased to be effective as of 30 June 2014, and the CARL, including the retention limits, likewise ceased to be applicable. The DOJ concluded that, since the retention limits are no longer relevant or required, any requirement imposed on landowners under CARL such as securing an LTC before transferring private agricultural land, no longer has legal basis.

1. What this means
   
   a. Registration without LTC. Transfers of private agricultural land may be registered without first securing an LTC. This removes the DAR provincial office review of landholding limits that precedes the issuance of an LTC.
   b. No five-hectare ceiling on transferees. The CARL retention limits would no longer be applicable.  Thus, any buyer may acquire agricultural land in excess of five (5) hectares
   c. Implementation by Registers of Deeds. The DOJ Opinion was addressed to the LRA, which supervises the Registers of Deeds.  As of this writing, we have not seen a published LRA circular directing Registers of Deeds nationwide to stop requiring the LTC. Thus, practice may vary by registry. Parties may consider bringing a copy of the Opinion when filing documents for registration.
   
2. Related development: DAR’s draft administrative order
   
   The Opinion follows an unnumbered AO signed by DAR Secretary Conrado M. Estrella III on 27 January 2026. The AO removed the DAR clearance requirement for (a) private agricultural lands not covered by a notice of acquisition as of 30 June 2014; and (b) lands awarded under Emancipation Patents (“EPs”) or Certificates of Land Ownership Award (“CLOAs”) after the ten (10)-year holding period.
   
   Farmers’ groups, including the Magsasaka Party-List and the Federation of Free Farmers, have sought the AO’s withdrawal, estimating that it could affect about 1.2 million agrarian reform beneficiaries tilling about 1.8 million hectares. In April 2026, advocacy groups described the AO as officially unissued and non-final, pending consultation. In September 2026, DAR Undersecretary for Legal Affairs Napoleon Galit defended the AO and took the same position as the DOJ, that the five-hectare retention limit under Section 6 of the CARL has ceased to be applicable.
   
3. Points of caution
   
   a. Advisory nature. Opinions of the Secretary of Justice guide executive agencies but do not bind the courts. The Opinion’s conclusion that all of CARL has ceased to be effective may still be contested, particularly by agrarian reform beneficiaries and farmers’ groups.
   b. Lands with pending CARP proceedings. CARL allows any case or proceeding pending as of 30 June 2014 to proceed even beyond that date. In the case of Robustum Agricultural Corp. v. DAR (G.R. No. 221484, 19 November 2018), the Supreme Court ruled that 30 June 2014 is the final date for initiating land acquisition and distribution proceedings, not an absolute deadline for completing them. Lands issued a notice of coverage on or before that date may still be subject to CARP.
   c. Awarded lands. The Opinion’s conclusion speaks of the retention limits and the LTC for private agricultural lands. It does not expressly address lands awarded under Emancipation Patents (EPs) or Certificate of Land Ownership Awards (CLOAs), which remain subject to separate transfer restrictions and DAR rules.
   d. Matters not addressed/covered. The Opinion does not address/cover the conversion of agricultural lands to non-agricultural uses, the rights of agricultural lessees under R.A. No. 3844 (including rights of pre-emption and redemption), or the constitutional restrictions on foreign ownership of land.
   e. Practical steps. Before signing of the transaction documents or transaction closing, (1) confirm the requirements of the Register of Deeds where the land is located, and (2) check the land’s CARP status with the DAR provincial office. Transaction documents should consider and accordingly allocate the risk of a registry still requiring an LTC. While the DOJ Opinion provides the legal basis for dispensing with the DAR LTC requirement, we have not identified any LRA circular or memorandum implementing or cascading the Opinion to the Registers of Deeds. Pending such implementing issuance, a Register of Deeds may continue to require an LTC in practice.