September 26, 1995

DAR OPINION NO. 52-95

Mr. Jesus Montemayor

Rm. 319 North Wing

House of Representatives

Quezon City

Sir:

This has reference to the proposal of the Coordinating Council of Farmers and Labor Organizations (CCFLO) to require landowners retaining landholdings under R.A. 6657 and their children who wish to be CARP awardees, as well as buyers of agricultural lands, to submit an "Affidavit of Undertaking" or "Affidavit of Personal Cultivation" for the registration of the transaction and/or issuance of a title in their favor.

Please be informed that with respect to the right of retention, there is no legal provision requiring that the landowners personally cultivate the lands so retained. Should the retained area be tenanted, the tenant has the option to choose whether to remain therein or be a beneficiary in the same or another agricultural land with similar or comparable features, and in case he chooses to remain in the retained area, he shall be considered a leaseholder and shall lose his right to be a beneficiary under CARL (Sec. 6 par. 2, RA 6657). Since there is no legal requirement of personal cultivation, DAR has no authority to impose such a condition. A legislative enactment would therefore be necessary to make personal cultivation a condition for retention.

As regards the award of 3 hectares each to the children of the landowner, we wish to clarify that said award is not part of retention. The children are given preference in the distribution of the land of their parents, subject to the qualifications specified in Sec. 6 of CARL. Pursuant to said legal provision, DAR Memorandum Circular No. 04, Series of 1994 (Clarificatory Guidelines Concerning the Award to Children under Sections 6 and 22 of RA 6657) provides that to qualify as preferred awardees of the lands of their parents, the children must at least be 15 years of age and actually tilling the land or directly managing the farm as of June 15, 1988. The same Circular explains that directly managing the farm refers to the cultivation of the land through personal supervision under the system of labor administration. Clearly, therefore, for children to be preferred awardees, CARL requires either personal cultivation or direct management of the farm.

As regards buyers of agricultural lands, we submit that there is no provision in RA 6657 requiring them to undertake to personally cultivate the farmlot acquired, hence, the need for a law if that condition is to be imposed.

We hope to have clarified matters with you.

Very truly yours,

(SGD.) HECTOR D. SOLIMAN
Assistant Secretary Legal Affairs Office