November 27, 1995

DAR OPINION NO. 76-95

MEMORANDUM

TO                :      Rogelio E. Tamin
                            Regional Director, DAR Region X
                            Macanhan, Carmen, Cagayan de Oro City

SUBJECT    :     Deeds of Donation Executed by  JC Agri-Development, Inc. in favor of the Municipalities of Cabadbaran and Tubay, both in Agusan del Norte

This has reference to your request for opinion regarding the Deeds of Donation executed by J.C. Agri-Development, Inc. in favor of the Municipalities of Cabadbaran and Tubay, both in Agusan del Norte, covering certain parcels of agricultural land. It is noted that the donation in favor of Cabadbaran was made in May 1995 and that it covers 45.9351 hectares, while the donations to Tubay were made in March, 1994 and July, 1993, respectively, covering an aggregate area of 7 hectares. We likewise note the Report of MARO Rosalinda Despe that the three (3) parcels of land subject of the donation in favor of Cabadbaran have been placed under Compulsory Land Acquisition, with the claim folders thereon submitted to the PARO Office in March 1994 and a trust account already opened in favor of the landowner.

It is submitted that said Deeds of Donation are clearly in violation of CARL and therefore null and void pursuant to the last paragraph of Section 6 of RA 6657.

CARL mandates the acquisition and redistribution to qualified beneficiaries of all agricultural lands falling outside the 5-hectare retention of landowners. Moreover, the last paragraph of Section 6 of CARL provides that upon its effectivity, any sale, disposition, lease, management contract or transfer of possession of private lands, executed by the original landowner in violation thereof shall be null and void.

Since the Deeds of Donation executed by JC Agri-Development, Inc. cover an aggregate area of 52.9351, they are clearly in violation of the mandate under CARL to redistribute the landholdings involved in favor of qualified beneficiaries, hence, are null and void. Such being the case, no registration of the donation can be legally effected, nor can title to said properties be legally transferred in favor of the Municipalities. It follows that the CARP coverage of the properties subject of the Deeds of Donation should be pursued.

Please be guided accordingly.

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

Copy furnished:

Mayor Rosario M. Amante

Cabadbaran, Agusan del Norte

Mayor Fidel S. Garcia, Jr.

Tubay, Agusan del Norte

Mr. Alberto M. Soriano

JC Agri Development, Inc.

AMS Compound

F. Torres St., Davao City

PARO Antonio Menor

DARPO, Agusan del Norte

Director Gloria J. Fabia

BLAD

OSEC

Doc. No. 95100611