June 27, 1994

DAR OPINION NO. 39-94

    MEMORANDUM

    TO                :     Percival C. Dalugdug
                                                  DAR Region IV
                                                  Pasig, Metro Manila

    SUBJECT    :     Letter-query of CARPO Leonora E. Caoli of DAR Calapan Oriental Mindoro Re Landowner's Retention Limit

This refers to CARPO Leonora Caoli's request for opinion regarding the following queries:

1.         Is a landowner who in 1990 sold his only agricultural land consisting of 4 hectares qualified to purchase a 2-hectare agricultural land?

2.         If the answer to No. 1 is yes, could he sell said new acquisition of 2 hectares?

Anent your first query, the answer is in the affirmative. Section 6 of RA 6657 provides that in the case shall retention by the landowner exceed five (5) hectares. This provision clearly spells out the intent of the legislative to allow each landowner to own a maximum of 5 hectares of agricultural land at any given time. As applied to your query, a person is allowed to purchase agricultural land so long as his total landholdings including that purchased does not exceed five hectares.

As regards your, second query, said 2-hectare acquisition may be sold, provided the total landholdings of the transferee thereof including the property to be acquired shall not exceed said 5-hectare ceiling.

The bottom line is that the land subject of the transaction should form part of the retained area of the original landowner (that is, the landowner as of the effectivity of CARL On 15 June 1988). You must ascertain that the transaction does not constitute a circumvention Of CARL by ensuring that the land subject of the sale does not fall under CARP coverage.

Please be guided accordingly.

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

Copy furnished:

CARPO Leonor Caoli

DAR Calapan, Oriental Mindoro

The MARO

DAR, Calapan, Oriental Mindoro

The PARO

DAR Calapan, Oriental Mindoro