July 21, 1995
DAR OPINION NO. 33-95
Datu Yusoph Mama
Regional Director
DAR Region XII
ORC — Cotabato City
Dear Director Mama:
The attention of this Office has been called regarding the article contributed by Legal Officer Allan Marcera which appears in volume 2 no. 4 of Buhilaman on the award to children under RA 6657. In said article, Mr. Marcera advanced the "flawed" interpretation that the award is part of retention; that the age requirement of 15 years must be satisfied as of date of CARL implementation; and that the second condition (actual tillage or direct management of the farm) may be dispensed with by the implementors.
Please be informed that the official DAR interpretation on the award to children pursuant to CARL is found in DAR Memorandum Circular No. 4, Series of 1994 (copy attached). Note that the award to the children of the landowner, although provided in Section 6 of CARL on Retention Limits, is not part of retention but a "preferred award" in favor of said children. Note further that for the child to qualify as a preferred awardee, he must possess both qualifications, that is, he must have been 15 years old and actively tilling the land or directly managing the farm, as of the effectivity of CARL on 15 June 1988.
Please take the necessary steps to correct the erroneous information generated by said article.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary Legal Affairs Office
Copy furnished:
PARO Mittaman P. Arumpac
DAR Provincial Office
Tubod Highway
9200 Iligan City
Allan O. Marcera
DAR Provincial Office
Tubod Highway
9200 Iligan City