December 13, 1996

DAR OPINION NO. 138-96

Mr. Ramon M. Benjamin, Jr.

Provincial Agrarian Reform Officer

DAR-Region VI

Km. 1, Roxas City, 5800

Dear PARO Benjamin:

This refers to your request for opinion whether or not there is still a need for the issuance of an Order from the Regional Director declaring a property as part of the detained area of the landowner in order to effect the registration of the sale involving said landholding. As stated in your letter, a property with an area of 1.4222 hectares was the subject of a sale. However, one requirement being imposed for the registration of said sale is the Order of the Regional Director that the property subject of the transaction is a retained area.

You contend that the PARO Clearance for registration is sufficient, considering that the vendor-landowner owns only a total of 3.0931 hectares of agricultural lands, and that the 1.4222- hectare property subject of the sale is only a portion of it.

The PARO Clearance for registration signifies that the transaction is not in circumvention of CARL. It is therefore believed that as long as the PARO has established with certainty that the landowner does not own agricultural lands throughout the Philippines in excess of the 5-hectare retention, that the landholding subject of the sale is within said retained area, and the acquisition of the said land by the vendee including what he/she already owns would not exceed the 5.0 hectare landownership ceiling, the PARO Clearance for registration would suffice.

We wish to add, however, that the foregoing is merely advisory in nature and would not constitute a decision in any case involving the same issue.

Please be guided accordingly.

Very truly yours,

(SGD.) LORENZO R. REYES

OIC-Undersecretary
LAFMA