Republic of the Philippines

DEPARTMENT OF AGRARIAN REFORM

Provincial Office
Tuguegarao City, Cagayan

IN RE: PETITION FOR TRANSFER OF

OWNERSHIPNPURSUANT TO AO 8
SERIES OF 1995

ADM. CASE No. A-0202_____-19

INOCENCIO ILDEFONSO, JR
Petitioner/ Transferor,
x------------------------------------------------------------x

RESOLUTION

NATURE OF THE CASE

For consideration is an action to transfer ownership of a parcel of agricultural land, within

Julian Ildefonso Estate designated as Lot 5758-D of the subdivision plan Psd-(AF)-02-010136, containing
an area of Nine Thousand Nine Hundred One (9,901) square meters, more or less. Situated at
Abarriongan Ruar, Sto. Nino, Cagayan. The said agricultural land is covered by Transfer Certificate of
Title No. (TCT) No. C-2234 bearing Certificate of Land Ownership Award (CLOA) No. 00536944
registered in the name of petitioner Inocencio Ildefonso, Jr.

STATEMENT OF FACTS

Records disclosed that Inocencio Ildefonso, Jr, is an Agrarian Reform Beneficiary (ARB) and
was granted a Certificate of Land Ownership Award (CLOA) No. 00536944 covered by Transfer
Certificate of Title No. C-2234 on 19 June 2000 which was duly registered in the Registry of Deeds of
Cagayan on 30 June 2000. She made the land productive and paid in full the amortizations.

On 11 June 2018, due to financial and physical incapability of ARB Inocencio Ildefonso, Jr. he sold
the land to Mildred Martin-Detomal, who now has the actual physical possession of the awarded land.

ISSUE

Whether or not Lot 5758-D of the subdivision plan Psd-(AF)-02-010136, can be transferred to
Mildred-Martin-Detomal, the new farmer beneficiary.

LAWS, RULES, AND REGULATIONS

Under the governing laws on transferability of awarded land, specifically

Administrative Order No. 8 Series 0f 1995, in consonance with section 27 of RA 6657
As amended by RA 9700, lands acquired by the beneficiaries under the Agrarian Reform Program may
not be sold, transferred or conveyed to other qualified beneficiaries for a period of ten (10) years,

DISCUSSION

The answer is in the affirmative.

Here, the agricultural land was only transferred, by virtue of Deed of Sale, seventeen (17) years
after its registration in the Registry of Deeds which is beyond the 10 year prohibitive period. Furthermore,
the documentary requirements set forth in Administrative Order No. 8 Series of 1995 has been complied
with, and the new ARB, Mildred-Martin-Detomal is now the actual occupant of the subject land.

In support of the petition, pursuant to the requirements set forth in Administrative Order No. 8,
Series of 1995, the following documents are attached, to wit:

For the Transferor:

1. Written request to transfer with Verification and Certification of Non-Forum Shopping;

2. Certification of Full payment of the property;
3. Certification from National Irrigation Administration (NIA) stating that the subject land is
beyond the service area of NIA;
4. Certification regarding loans from Land Bank of the Philippines;
5. Real Estate Tax Clearance;
6. Affidavit that the land is not subject of a pending case;
7. Certified Copy of Certificate of Land Ownership Award (CLOA);
8. Tax Declaration;
9. Deed of Absolute Sale;
10. Photocopy of Deed of Transfer under RA 6657; and
11. Investigation Report prepared by MARPO Engr. Wilfredo Auayang,

For the Transferee;

1. Affidavit of aggregate landholding;

2. Income Tax Return;
3. Community Tax Certificate;
4. Provincial Assessor’s Certification of Property Holding;
5. Municipal Assessor’s Certification of Property Holding;

After inspection of the documents and considering the governing laws, rules and regulation, this
office finds the petition for the transfer in favor of petitioner Inocencio Ildefonso, Jr, meritorious.
 It was further established that Mildred-Martin-Detomal possesses all the qualifications and none of
the disqualification to be an agrarian beneficiary as evidenced by her willingness to use the land
productively for agricultural purposes,

Hence, the petition for land transfer is granted. Petitioner had satisfactorily complied with all the
conditions prescribed under existing DAR rules and guidelines for the transfer of ownership of the
awarded land.

WHEREFORE, premises considered, it is recommended that an ORDER be issued;

I. GRANTING the transfer of ownership of the subject land in favor of transferee

Mildred-Martin-Detomal;

II. DIRECTING Mildred Martin-Detomal to continue cultivating making the subject land
productive , and to preserve the agricultural nature thereof;
III. DIRECTING the Registry of Deeds of Cagayan to annotate the Order of Transfer of
ownership on TCT No. C-2234;
IV. DIRECTING the transferee to file an Action for Cancellation of the CLOA issued to
Inocencio Ildefonso, Jr, pursuant to A.O No. 02, Series of 2018 as amended by A.O 4,
Series of 2018;and
V. PERPETUALLY DISQUALIFYING Inocencio Ildefonso, Jr. to be beneficiary under the
agrarian reform program.

03 March, 2019. DAR Provincial Office. Tuguegarao City, Cagayan.

ENGR. ARTHUR E. FAELDON

OIC Provincial Agrarian Refom Program Officer II