August 8, 1995
DAR OPINION NO. 38-95
Mr. Joel D. Santillan
Brgy. Sto. Niño
Tugbok District
8000 Davao City
Dear Mr. Santillan:
This has reference to your letter dated 24 July 1995 seeking clarification relative to the policies on land acquisition and distribution pursuant to the agrarian reform program. You state that you desire to have the properties of your parents divided among you and your brothers and sisters and are therefore seeking enlightenment on the matter.
Republic Act No. 6657 (otherwise known as the Comprehensive Agrarian Reform Law or CARL) which took effect on 15 June 1988 mandates the acquisition and redistribution to qualified beneficiaries of all agricultural lands outside the 5-hectare retention of landowners. Moreover, Section 6, of said law provides that no person may own or retain, directly or indirectly, any agricultural land in excess of five hectares. Three (3) hectares may be awarded to each child of the landowner, provided that as of the effectivity of CARL, said child was at lease fifteen years of age and actually tilling the land or directly managing the farm. Likewise, Section 22 of CARL clearly states that lands covered by the CARP shall be distributed as much as possible to landless residents of the same barangay, or in the absence thereof, landless residents of the same municipality in the order of priority stated therein, with the proviso that the children of landowners who are qualified under Section 6 of CARL shall be given preference in the distribution of the land of their parents.
Based an the foregoing, five-hectares of your parents' agricultural lands may be retained by them, while the rest shall be distributed to qualified farmer-beneficiaries. However, if the aforecited qualifications are met, each child may be awarded a maximum of 3 hectares from said landholding. For further information, we advise that you visit our Provincial Legal Office at Davao City.
Attached please find a copy of DAR Administrative No. 11, Series of 1990 for your ready reference.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary Legal Affairs Office