Department of Agrarian Reform

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REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF AGRARIAN REFORM


ISO CERT. NO.: 756219 Tunay na Pagbabago sa Repormang Agraryo

IN RE: APPLICATION FOR DAR DAR CASE NO.


CLEARANCE PURSUANT TO
APO-0801-0001-2020
DAR ADMINISTRATIVE ORDER
(ARO-0800-0063-2020)
(A. O.). NO. 8, SERIES OF 1995

MA. ANABELLE ABUCAY,


Applicant.

Applican
x - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - x

ORDER

This resolves the application for DAR Clearance pursuant to DAR

Administrative Order (A. O.) No. 8, Series of 1995 filed by Ma. Anabelle

Abucay, the surviving spouse of the deceased Agrarian Reform Beneficiary

(ARB) Benjamin Abucay, involving the transfer of ownership of an awarded

farmlot by virtue of a Deed of Absolute Sale in favor of Spouses Noel and

Michelle Abayan. The subject farmlot is identified as lot 3332-A-5 Psd 08-

031608-D with an area of Nineteen Thousand Five Hundred Twenty Five

(19,525) square meters located at Brgy. Patag, Ormoc City.

To support the application, applicant submitted the following relevant

documents:

1. Electronic copies of CLOA Nos. 01266240 and 00048441;


2. Photocopy of Tax Declaration No.00066-00266 in the name of Cecilia
vda. De Torres, the original landowner;

3. Photocopy of the Deed of Absolute Sale of a Portion of Real Property


dated 1 August 2014 executed by Benjamin Abucay in favor of
Spouses Noel and Michelle Abayan;

4. Tax Clearance;

5. Certification of Full Payment and Release of Real Estate Mortgage


issued by Fiel Pedrosa of the Land Bank of the Philippines (LBP);

L and Michelle Abayan NoelN NoeAR REGIONAL OFFICE NO. VIIITELEFAX: (053) 325-3096
Santo Niño Extension, Tacloban City WEBSITE: www.dar.gov.ph
APPLICATION FOR DAR CLEARANCE
MA. ANABELLE ABUCAY Page
APO-0801-0001-2020

6. Certification dated 7 October 2019 issued by Conrado M. Samson,


Acting Division Manager of the National Irrigation Administration (NIA)
stating that the subject landholding is not within the coverage of the
National Communal Irrigation Systems of NIA Leyte-Biliran-Leyte del
Norte-Leyte del Sur Irrigation Management Office;

7. Certification dated 12 November 2019 issued by MARPO Artheiriza D.


Manalo of DAR Ormoc City stating that ARB Benjamin Abucay has
not applied nor is a recipient of any grant, equipments, supplies
and/or production loan extended by their Office;
8. Sworn Affidavit executed by Transferor dated 10 September 2019
attesting that subject lot has no pending case at the DARAB or any of
its Adjudicators, the DAR, the courts or at the Office of the President;

9. Sworn Affidavit executed by Transferee dated 22 August 2019


attesting that his total landholdings, and that of his spouse, inclusive
of the subject lot does not exceed five (5) hectares;

10. Income Tax Return of Transferee;

11. Certification dated 28 August 2019 issued by Joel Rubin, Barangay


Chairman of Brgy. Patag, Ormoc City, stating that the subject
landholding is not tenanted;
12. Ormoc City Assessor’s Certification dated 14 August 2019 stating the
total property holdings of Spouses Noel Abayan and Michelle
Carbajal;
13. Ormoc City Assessor’s Certification dated 2 August 2019 stating the
total property holdings of Spouses Benjamin Abucay and Anabelle
Atillo;

14. Leyte Provincial Assessor’s Certification dated 14 August 2019 stating


the total property holdings of Spouses Noel Abayan and Michelle
Carbajal;

15. Leyte Provincial Assessor’s Certification dated 29 July 2019 stating


the total property holdings of Spouses Benjamin Abucay and Anabelle
Atillo;
16. Death Certificate of Benjamin Abucay issued by the City Civil
Registrar of Ormoc;
17. Subdivision Plan;
18. Special Power of Attorney (SPA) dated 10 September 2019 executed
by Ma. Anabelle Abucay appointing Erlinda Constantino and/or Pacita
David to be her legal representative.

Review of the documents showed that the subject landholding

containing an aggregate area of 129,274 square meters, was covered under

the Compulsory Acquisition scheme of the Comprehensive Agrarian Reform

Program (CARP) of the government. Subsequently, collective CLOA No.


APPLICATION FOR DAR CLEARANCE
MA. ANABELLE ABUCAY Page
APO-0801-0001-2020

00048441 TCT T-1096 was issued and registered with the Registry of Deeds

of Ormoc City on 8 May 2001 in the name of Apolinario Camunggay and four

(4) other co-owner farmer beneficiaries including the herein Transferor.

Thereafter, individual CLOA No. 01266240 / TCT No. CARP 2015000016 was

issued and registered in the name of Spouses Benjamin Abucay and Anabel

Atillo on 19 January 2015 with the Registry of Deeds of Ormoc City.

In those cases where ARBs were first issued a collective CLOA and

thereafter are still the same persons later issued with individual CLOAs, the

reckoning date of the 10-year prohibitory period should be the issuance of the

collective CLOA which is the time when the rights and responsibilities of the

ARBs commenced. Thus, the reckoning of the 10 year holding period is the

date of registration of the collective CLOA, on 8 May 2001.

Hence, the conveyance of the subject lot in favor of Spouses Noel and

Michelle Abayan on 1 August 2014 was already beyond the ten (10) year

prohibitory period prescribed under Section 27 of R. A. No. 6657, as

amended.

Evaluation of the documents revealed that Transferees’ total

agricultural landholdings inclusive of the lot acquired and subject of the herein

application would still be within the 5.0000 hectare retention ceiling allowed

by law.

DAR Leyte-Biliran Provincial Office recommended for the approval of

the application for DAR Clearance being compliant in substance and in form

with the provisions of DAR A. O. No. 8, Series of 1995.


APPLICATION FOR DAR CLEARANCE
MA. ANABELLE ABUCAY Page
APO-0801-0001-2020

Republic Act (R. A.) No. 6657, as amended, provides:

“Section 27 – Transferability of Awarded Lands – Lands acquired by


beneficiaries under this Act may not be sold, transferred or conveyed except
through hereditary succession, or to the government, or the LBP, or to other
qualified beneficiaries fot a period of ten (10) years: “xx xx xx”

Furthermore, the Policy Statement of DAR Administrative Order (A.O.)

No. 8, Series of 1995 provides:

“1. Lands awarded to ARBs pursuant to either P.D. No. 27 or R. A. No. 6657
may be transferred and registered with the Register of Deeds only after the
issuance of a DAR Clearance:

xx xx xx

1. Transfer of awarded lands under P. D. No. 27 as amended by E. O. 228


and R. A. No. 6657 may be allowed, provided the following shall be observed;

a. that the productivity of the land shall be maintained;

b. that the buyer will not exceed the aggregate landowner ceiling provided by
law; and

c. that the ownership ceiling of five (5) hectares shall be


imposed.”

Thus, this Office finds the herein application for DAR Clearance to be

proper and in order.

WHEREFORE, premises considered, ORDER is hereby issued:

1. APPROVING the application for DAR Clearance pursuant to DAR A.


O. No. 8, Series of 1995 filed by Ma. Anabelle Abucay on the transfer
of ownership by virtue of a Deed of Absolute Sale in favor of Spouses
Noel and Michelle Abayan involving an awarded farmlot denominated
as Lot No.. 3332-A-5 Psd 08-031608-D with an area of Nineteen
Thousand Five Hundred Twenty Five (19,525) square meters located
at Brgy. Patag, Ormoc City, described under CLOA No. 01266240 /
TCT No. CARP 2015000016 issued in the name of Spouses Benjamin
Abucay and Anabel Atillo and registered with the Registry of Deeds of
Ormoc City on 19 January 2015, provided however, that the
agricultural productivity of the land must be maintained. No change in
the use of the land shall be allowed except as provided under the rules
on land use conversion;
APPLICATION FOR DAR CLEARANCE
MA. ANABELLE ABUCAY Page
APO-0801-0001-2020

2. DIRECTING the Provincial Agrarian Reform Program Officer of Leyte-


Biliran, upon finality of this Order, to cause its annotation in CLOA No.
01266240 with the Registry of Deeds of Ormoc City.

SO ORDERED.

Sto. Niño Extension, Tacloban City. _____________________________

STEPHEN M. LEONIDAS, CESO III


Regional Director
Copy furnished:

1. BUREAU OF AGRARIAN LEGAL ASSISTANCE


Department of Agrarian Reform Central Office
Elliptical Road, Diliman, Quezon City

2. THE CHIEF, LTS DIVISION


3. THE CHIEF, LEGAL DIVISION
4. THE RECORDS OFFICER
DAR Regional Office No. VIII
Sto. Nino Ext.,Tacloban City

5. THE PROVINCIAL AGRARIAN REFORM PROGRAM OFFICER


6, THE CHIEF, LTS DIVISION
7. THE CHIEF, LEGAL DIVISION
8. THE RECORDS OFFICER
Department of Agrarian Reform Leyte-Biliran Provincial Office
LVD Compound, Tacloban City

9. THE MUNICIPAL AGRARIAN REFORM PROGRAM OFFICER


Department of Agrarian Reform Municipal Office
Ormoc City

10. THE BARANGAY AGRARIAN REFORM COMMITTEE (BARC) CHAIRMAN


Brgy. Patag, Ormoc City

11. MA. ANABEL ABUCAY


Brgy.Sumangga, Ormoc City

12. SPS. NOEL AND MICHELLE ABAYAN


Brgy. Can-adieng, Ormoc City

13. File

Regio

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