May 20, 1994

DAR OPINION NO. 33-94

    MEMORANDUM

    FOR             :     Director Gloria J. Fabia
                                                 BLAD

    SUBJECT    :     Request for DAR Clearance of Mr. Casimiro G. Villaran subject of your referral

Anent the letter of Mr. Casimiro G. Villaran requesting for a DAR Clearance in connection with the registration of the Extrajudicial Agreement entered into between and among said Casimiro G. Villaran, et al. and Gregoria Valeros, et al. covering 7.3517 hectares of agricultural land, please be guided by the following:

Per the Extrajudicial Agreement, the owners of the properties covered thereby, spouses Francisco Villaran and Victoria Guevarra, died on 16 January 1962 and 15 December 1968, respectively. Since under Article 777 of the Civil Code of the Philippines, the rights to the succession are transmitted from the moment of death of the decedent, the properties involved passed on the heirs prior to the effectivity of CARL on 15 June 1988. The Extrajudicial Agreement entered into between and among the heirs is therefore not violative of the prohibition against transfer found in Section 6 of R.A. 6657 and may be registered without a DAR clearance, as provided in II-C1 of DAR Administrative Order No. 1 Series of 1989. However, since the respective date of death of each spouse is very material in this regard, the heir shall submit to the Register of Deeds a certified true copy of the Death Certificate of each decedent in place of the DAR clearance, to establish that their death took place prior to R.A. 6657.

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

Copy furnished:

Mr. Casimiro Villaran

1598 A. Vitan St., Nagtahan

Sampaloc, Manila