Lands awarded under Philippine agrarian reform programs (RA 6657, PD 27) generally cannot be sold, transferred, or conveyed for ten (10) years from the date of award. Exceptions include transfers through hereditary succession (to heirs), or to the government, Land Bank of the Philippines (LBP), or other qualified beneficiaries.
Key Aspects of Transferability
- 10-Year Restriction (RA 6657): During this period, land acquired under a Certificate of Land Ownership Award (CLOA) cannot be transferred, with violations rendering the transaction void.
- Exceptions to the 10-Year Rule:
- Hereditary Succession: Ownership passes to legal heirs upon the death of the beneficiary.
- Government/LBP: Land may be transferred to the government or Land Bank.
- Qualified Beneficiaries: Transfer allowed to other beneficiaries authorized by the Department of Agrarian Reform (DAR).
- Unpaid Land (PD 27): If the land has not been fully paid for by the beneficiary, rights may only be transferred with prior approval from the DAR.
- Post-10 Year Period: After 10 years, transfer is generally allowed, but may still require DAR clearance or be subject to restrictions on the maximum landholding size (5 hectares).
- Validity of Transfers: Any transfer made in violation of these rules is null and void, and the land can be forfeited.
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