July 12, 1994

DAR OPINION NO. 44-94

CARPO LEONORA B. CAOLI

Department of Agrarian Reform

Provincial Agrarian Reform Office

Calapan; Oriental Mindoro

Dear CARPO Caoli:

This has reference to your query on whether or not a farmer beneficiary who has been awarded 3 hectares under CARL may legally purchase an additional 2 hectares of agricultural lands to complete the 5-hectare landownership ceiling.

The answer to your query is in the affirmative. This is so because although Section 25 of RA 6657 requires that to be a beneficiary under CARL a person must be landless (that is, he must own less than 3 hectares of agricultural land), there is no prohibition against the acquisition by the FB of an additional area to complete the 5-hectare landownership ceiling under Sec. 6 of CARL after the award to him of 3 hectares.

Please be guided accordingly.

Very truly yours,

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

Copy furnished:

Director Gloria Fabia

BLAD

OSEC