September 29, 1995
DAR OPINION NO. 56-95
Mrs. Consuelo G. Cuyugan
2308 T. Alonzo St.
Baclaran, Parañaque
Metro Manila
Dear Mrs. Cuyugan:
This has reference to your letter requesting clarification relative to the donation of lands and the conditions on the sale thereof.
You state that your late husband, Jose D. Cuyugan, left instructions for the donation of his landholding at Tawig, Salvacion, Camarines Norte in favor of a group of about eighteen (18) families presently residing thereat and who will be the beneficiaries of a Cooperative that will be formed according to the same instructions.
As gleaned from your letter, you wish to be clarified on whether said donation can be made in accordance with your husband's wishes without violating Republic Act No. 6657 (the Comprehensive Agrarian Reform Law or CARL), and seek information on the conditions for the sale of said land.
Please be informed that CARL mandates the acquisition and redistribution to qualified beneficiaries of all agricultural lands in excess of the 5-hectare retention of landowners. This means that if the property subject of your letter is within the retained area of 5 hectares, it may be donated, sold of transferred to third persons in accordance with your husband's wishes, provided that the transferee does not own more than the 5-hectare landownership ceiling allowed under CARL including the land acquired. However, if said property is outside the 5-hectare retention, DAR thru the Municipal Agrarian Reform Officer (MARO) of the place where the property is situated shall screen the potential beneficiaries and redistribute the same to those found qualified.
We advise that you communicate directly with the MARO concerned because said officer would be in the best position to inform you as to whether or not the landholding has been identified as falling under CARL coverage. Please give the MARO additional information vital to your query such as the area of the property, the aggregate area of your agricultural lands, and the date of death of your husband.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary Legal Affairs Office