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Republic of the Philippines
DEPARTMENT OF AGRARIAN REFORM
Regional Office
KTP Bldg. KM 4, Libertad, Butuan City
Region XIII, CARAGA
FIELD INVESTIGATION REPORT
Case Title : Field Investigation Report for the issuance of
DAR
Land Transfer Clearance
Case Number :
Date filed :
Investigating Officer : LO Lea Andrelei Banasig
Date of Ocular Inspec-
tion/investigation : 07 September 2022
I. PARTIES
A. Petitioner : Ananias C. Atuel
Address : Poblacion, Sibagat, Agusan del Sur
Citizenship : Filipino
Petitioner : Seeking for issuance of DAR Land Transfer
Clearance
B. Registered Owner : Ananias C. Atuel
C. Person/s present during ocular inspection/investigation: ARPO II
Lutchel A. Tanjay & LO Lea Andrelei Banasig
II. IDENTITY OF LANDHOLDING
A. Location:
Barangay : Poblacion
Municipality/City : Sibagat
Province : Agusan del Sur
Region : XIII, Caraga
B. Area:
No. of hectares : 1.1474
No. of hectares
Applied for
Transfer Clearance: 1.1474
Land : Agricultural
Lot No. : 70-C, BSD-13-002195 (AR)
C. Title:
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Title Number : TCT No. T-13524
CLOA No. : 00667739
[] Collective with ASP [] Collective w/o ASP [x] Individual
D. Commercial Farm:
[] Yes [x] No
E. Mode of Acquisition
[] OLT [] VOS [X] VLT [] GOL
III. DOCUMENTS SUBMITTED BY THE APPLICANT (NARRATION)
Transferor-seller Ananias C. Atuel, submitted the following
documents in 7 copies including an original copy to wit:
1) Application for DAR Land Transfer Clearance 1
executed by Ananias C. Atuel;
2) Philaris copy of the Title2 under the name of Ananias
C. Atuel and registered at the Register of Deeds of Agusan del
Sur on 26 April 2003;
3) Deed of Absolute Sale3 by and between Ananias C.
Atuel and Tres Fratres Power Corporation (TFPC) represented by
its President Mario S. Acero of the subject property, containing
eleven thousand four hundred seventy four (11,474) square
meters, dated 12 March 2022 and notarized by Atty. Daniel P.
Longaquit;
4) Certification4 from MARPO Alan D. Caballero issued
on 21 July 2022, certifying that the subject land is not
encumbered with the Land Bank of the Philippines (LBP). It
further certifies that said landholding has no standing obligation
with LBP and no loan obligations with any of loans services
extended by the Department of Agrarian Reform;
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Application for DAR Land Transfer Clearance as Exhibit “A”
2
Philaris copy of the title as Exhibit “B”
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Deed of Absolute Sale as Exhibit “C”
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Certification from MARPO as Exhibit “D”
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5) Certification5 issued by National Irrigation
Administration Certification dated 18 May 2022 certifying that
the subject landholding is not subject to A.O. No. 20, Series of
1992 and No ISF Balance and Financial Obligation;
6) Tax Declaration of Real Property6 on the subject land
dated 27 May 2022 issued by the Municipal Assessor of
Prosperidad, Agusan del Sur;
7) Realty Property Tax Clearance7 from the Office of the
Municipal Treasurer of Prosperidad, Agusan del Sur dated 17 May
2022 which provides that “this further certified that taxes to this
parcel itemized hereunder have been paid up to year 2022”,
under OR No. 0568967;
8) Affidavit of the Transferor8 stating that the subject
land has no pending case before the Department of Agrarian
Reform Adjudication Board (DARAB), or any of its Adjudicators,
the Courts, or at the Office of the President;
9) Certification issued by the Adjudication Board Office
of the Provincial Adjudicator9 (DARAB) of San Francisco, Agusan
del Sur dated 3 June 2022 which states that the subject land has
no pending agrarian case or just compensation case;
10) Special Power of Attorney10 of Marites Gerongco
Bulala as principal, appointing Lucita Gerongco Jamoner to be
her lawful attorney-in-fact to represent her for the processing of
DAR Land Transfer Clearance;
Transferee-buyer Lucille J. Guyonan, on the other hand, submitted
the following original documents and certified machine copy, to wit:
1) Affidavit of Total or Aggregate Land Holding 11 of
Lucille J. Guyonan and Jaypee T. Guyonan, stating that the former
is the owner/vendee of the landholding subject of this
application. That aside from the aforesaid land, she has no real
property declare in her name or under her spouse’s name in the
Province of Agusan del Sur, dated 20 May 2022;
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Certification from NIA as Exhibit “E”
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Tax Declaration of Real Property as Exhibit “F”
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Realty Property Tax Clearance as Exhibit “G”
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Affidavit of the Transferor as Exhibit “H”
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Certification issued by DARAB as Exhibit “I”
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Special Power of Attorney as Exhibit “J”
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Affidavit of Total Aggregate Land Holding as Exhibit “K”
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2) Certificate of Compensation from BIR 12
issued on 13
May 2022;
3) Certification from Provincial Assessment and
Treasury Office13 of Agusan del Sur Province certifying that
Lucille J. Guyonan has no declared real property, issued on 18
May 2022;
4) Certification from Provincial Assessment and
Treasury Office14 of Agusan del Sur Province certifying that
Jaypee T. Guyonan has no declared real property, issued on 18
May 2022;
5) Community Tax Certificate15 of Lucille J. Guyonan,
issued on 6 May 2022;
6) Community Tax Certificate16 of Jaypee T. Guyonan,
issued on 6 May 2022;
The DAR Municipal Office of Prosperidad, Agusan del Sur,
submitted its Investigation Report recommending for the approval of said
transfer of the subject land for reason that the applicant has complied with
all the documentary pieces of evidence and supporting documents and
further states that there was no tenant on the subject land.
IV. ISSUE/S
Whether or not Transfer Certificate of Title No. T-14668 with
CLOA No. 00667739 can be legally transferred to the herein transferee-
buyer Lucille J. Guyonan?
V. DISCUSSION
The title of the subject land is awarded to the herein transferor-seller
as Agrarian Reform Beneficiary (ARB) of the Department of Agrarian Reform
(DAR) through the issuance of a Certificate of Land Ownership Award (CLOA).
Thus, the guideline to be followed and complied with is the DAR Administrative
Order (A.O.) No. 8, Series of 1995 otherwise known as the “Rules and
Procedures Governing the Transferability of Lands Awarded to Agrarian
Reform Beneficiaries (ARBs) Pursuant to Presidential Decree No. 27 as
amended by Executive Order No. 228 and Republic Act No. 6657” and DAR
Administrative Order No. 6, series of 1996.
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Certificate of Compensation from BIR as Exhibit “L”
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PATO Certificate as Exhibit “M”
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PATO Certificate as Exhibit “O”
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Community Tax Certificate as Exhibit “P”
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Community Tax Certificate as Exhibit “Q”
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Upon examination of the Philaris copy of the title subject of this
application, the said title was registered on 01 March 2005, while the
conveyance was only made on 16 May 2022, seventeen (17) years from said
registration. Hence, eligible for transfer because it is beyond the prohibitory
period of ten (10) years as provided for under RA 6657.
While E.O. No. 228, Section 6 provides that ownership of lands
acquired by the farmer-beneficiary may not be transferred after a
Certification from MARPO Amancio C. Boquilon, Jr., certifying that the subject
land has no Financial Obligation to the Land Bank of the Philippines, the
same requirement has been complied by the transferor per issuance of
Certification by MARPO Amancio C. Boquilon, Jr., of Prosperidad, Agusan del
Sur that the land has no more loan obligations.
Per investigation/ocular inspection conducted by DAR Provincial Office
through the Legal Services Division on 25 August 2022, the report of DAR
Municipal Office of Properidad was verified that there was no tenant in the
landholding since it is the transferee-buyer herself who is presently
cultivating the land. Further, the area remains agricultural land, as it was
planted with coconut trees, camote crops and other vegetable-bearing
plants. Moreover, there is a pigsty, a small-scale outdoor enclosure for
raising domestic pigs as livestock. Suffice it to say, there are no
improvements thereon except agricultural improvements.
Additionally, the herein transferor- seller submitted and complied with
all the necessary documentary requirements for the DAR Land Transfer
Clearance pursuant to the Agrarian Laws and other issuances on Land
Transfer Clearance afore-quoted, and the transferee-buyer is likewise eligible
to own agricultural land because her total or aggregate landholding including
the subject land will not exceed five (5) hectare-limit set forth by R.A. 6657
as amended. Finally, the same land is not tenanted.
VI. RECOMMENDATION
[x] Grant Petition
[] Deny Petition
From the records of the case, it shows that the application is supported
by all the necessary documentary requirements. The applicant and the buyer
have likewise met the requisites provided by law for a valid transfer of this
agricultural land. Wherefore, the application for clearance in relation to the
transfer of the subject landholding is hereby granted.
26 August 2022, San Francisco, Agusan del Sur.
We hereby attest and swear that the above-mentioned information and
findings are true and correct based on our knowledge and/or authentic
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documents which came into our possession on account of the subject
application.
Prepared by:
LEA ANDRELEI L. BANASIG LUTCHEL A.
TANJAY
Legal Officer/Head Investigation Officer ARPO II/Member
Noted by:
CLARK HOWELL B. YU
ARPO II/Acting Chief-Legal Services Division
Approved by:
JAMIL P. AMATONDING, JR.
Director IV/Concurrent PARPO II
Department of Agrarian Reform
Provincial Office, Agusan del Sur
