January 11, 1994
DAR OPINION NO. 02-94
Romeo S. Perez, Jr.
OIC-Regional Director
DAR, Region V, Sagpon
Daraga, Albay
Dear Director Perez:
This has reference to your letter on the reallocation of OLT-covered lands by reason of abandonment, waiver of rights and/or voluntary surrender, where the farmlots involved consist of more than three hectares each. You state that the recommended allocatee per lots has been in actual and continuous possession and cultivation thereof prior to the effectivity of CARL on 15 June 1988. You wish to be clarified on whether or not the reallocation should be limited to only 3 hectares, with the excess to be distributed to another beneficiary.
As gleaned from your letter, the confusion arises from the award ceiling of 3 hectares under RA 6657 and 3 hectares (if irrigated) or 5 hectares (if unirrigated) under P.D. 27.
Please take note that PD 27 which was issued on 21 October 1972 mandates the transfer of all tenanted private agricultural land primarily devoted to rice/corn to deserving tenants thereof. Under said law as amended by E.O. 228, the tenants are deemed full owners of their farmlots as of 21 October 1972. Hence, although the completion of Operation Land Transfer pursuant to PD 27 falls within the first priority of the Comprehensive Agrarian Reform Law, OLT coverage continues to be governed by PD 27 and its implementing guidelines.
With specific reference to the situation presented, the reallocatee may be awarded the entire farmlot, provided that the award ceiling of 3 hectares if irrigated and 5 hectares if unirrigated shall be observed. The bottom line is that, if the property is covered pursuant to PD 27 (i.e. the property is a tenanted private agricultural land and primarily devoted to rice/corn), the award ceiling of 3/5 hectares shall be observed. If the property is subject of redistribution under CARL, then the award ceiling of 3 hectares shall govern.
Please be guided accordingly.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary
Legal Affairs Office