If you are buying, selling, or assisting with agricultural land, you need to know about DOJ Opinion No. 16, Series of 2026 and the REBAP advisory on the DAR Land Transfer Clearance (LTC).
At a Glance
- DOJ: Securing a DAR Land Transfer Clearance before the transfer and registration of private agricultural land no longer has legal basis.
- REBAP: DAR clearance is still required until the Land Registration Authority (LRA) issues an official implementing memorandum.
What Does DOJ Opinion No. 16 Say?
The opinion responds to a letter dated February 18, 2026 from LRA Administrator Gerardo P. Sirios. The question was whether a DAR clearance is still required for the valid registration of agricultural land transfers, now that the period for acquisition and distribution under RA 6657 (as amended by RA 9700) has lapsed.
Background Cited by the DOJ
- RA 6657 sets a 5-hectare retention limit, with an additional 3 hectares for each qualified child.
- RA 9700 extended the acquisition and distribution period until June 30, 2014.
- In 2021, DAR issued Administrative Order No. 04, requiring an LTC before the transfer and registration of private agricultural lands with no Notice of Coverage (NOC) or not covered by any agrarian reform program.
The DOJ’s Ruling
- The June 30, 2014 cutoff is a “sunset clause.” The DOJ holds that CARP ceased to be effective on that date.
- All provisions of RA 6657, including the retention limits, are therefore functus officio (no longer in effect).
- Any requirement imposed on landowners under RA 6657, such as the LTC under DAR AO No. 04, s. 2021, ceases to have any legal basis.
- Conclusion: The retention limits are no longer relevant or required, so there is no need to secure an LTC.
Important Notes from the DOJ Itself
- The opinion does not intend to undermine DAR’s authority to issue policies for implementing RA 6657.
- Under Section 30 of RA 9700, cases and proceedings pending as of June 30, 2014 may continue to finality, even beyond that date. Extra care is warranted if the land has a history of DAR coverage.
- The DOJ also noted that excess land does not automatically trigger State acquisition. DAR still has to determine the land’s viability for agricultural use.
Why Caution Is Still Warranted
A DOJ Opinion is a legal opinion, not a law and not a court decision. With a petition pending before the Supreme Court, the situation could still change. Commentators have also noted that the opinion has caused confusion among registrants, so practice may vary from office to office.
📢 OFFICIAL REBAP ADVISORY: STATUS QUO
In light of DOJ Opinion No. 16, Series of 2026, regarding DAR Clearance for Agricultural Land Transfers, please be guided that DAR CLEARANCE IS STILL REQUIRED until the Land Registration Authority (LRA) issues its official implementing memorandum.
We respectfully remind all Certified REBAP Brokers and Salespersons to continue complying with the existing requirements and to advise clients accordingly. Please do not proceed with agricultural land transfers without the required DAR clearance at this time.
REBAP will issue an updated advisory once the LRA releases its official memorandum.
Stay updated: Always check the official channels of REBAP, DAR, and the DOJ for implementation details, updates, and any new issuances on this matter.
Source: REBAP Official Advisory (Facebook), dated 2026.
Disclaimer: This content is for general information only and is not legal advice. Please consult a lawyer for your specific situation.
