April 19, 1994
DAR OPINION NO. 26-94
Atty. Federico R. Agcaoili
Room 411 Fedman Suites, Salcedo Street
Legaspi Village, Makati Manila
Dear Atty. Agcaoili:
This has reference to your letter of 4 March 1996 requesting for DAR opinion regarding the 12-hectare landholding which forms part of the Estate of Jose Cuyugan who died in February 1992. Specifically, you wish to be clarified as to which prevail — the opinion that 5 hectares of the property shall go to the window of Mr. Cuyugan and 3 hectares each to his two daughters, or the desire of the decedent as expressed in his last will and testament that the property shall be given to a cooperative yet to be formed, composed of residents in the area.
You stated in your letter that the decision approving the transfer of the property to the late Jose Cuyugan was handed down only after his death in February of 1992. However, we cannot ascertain from your letter whether or not Mr. Cuyugan was the owner of said property as of the effectivity of RA 6657 (or CARL) on 15 June 1988. Said information is vital because under said law, all agricultural lands in excess of the 5-hectare retention allowed per landowner plus the 3-hectare award to each qualified child) are subject to acquisition and distribution to qualified beneficiaries pursuant to CARL.
Assuming that Mr. Cuyugan owned the 12-hectare property as of the effectivity of CARL and the same was his only property, 5 hectares thereof shall be his retained area, while the rest shall be acquired and distributed to qualified beneficiaries. Three hectares may be awarded to each child of the landowner provided she was 1) at least 15 years of age as of June, 15 1988 and 2) was actually tilling or directly managing the farm as of said date.
The provisions of CARL will prevail over the last will and testament of the decedent because CARL became effective on 15 June 1988, long before the death of Mr. Cuyugan in 1992 when succession took place.
We hope to have clarified matters for you.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary
Legal Affairs Office