September 25, 1995
DAR OPINION NO. 51-95
Mr. Ernesto V . Punzalan
3888 Marigold Road
Sun Valley Subdivision
Parañaque, Metro Manila
Dear Mr. Punzalan:
This is in reply to your letter dated 4 September 1995 requesting for legal opinion on whether you can sell or otherwise dispose of your 5.9-hectare agricultural land situated at Calauan, Laguna without violating Republic Act No. 6657 (otherwise known as the Comprehensive Agrarian Reform Law or CARL). You state that said landholding is untenanted, not covered by compulsory acquisition, and is your retained area.
Please be informed that Section 6 of RA No. 6657 provides that "in no case shall retention by the landowner exceed five (5) hectares". This means that out of your 5.9-hectare landholding, only 5 hectares may be retained by you, while the excess of .9 hectare is subject to acquisition by the government thru the DAR for redistribution to qualified beneficiaries pursuant to CARL. Since you may retain only five hectares, your right to sell or dispose is limited to said area. Moreover, since Section 73(a) of CARL prohibits the ownership or possession by any person of agricultural lands in excess of five hectares, your retained area may be sold only in favor of one whose total landholdings inclusive of the land acquired shall not exceed five hectares.
We hope to have clarified the matter with you.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary Legal Affairs Office