August 16, 1994
DAR OPINION NO. 57-94
MR. EMILIO CHING
President
ECE Realty and Devt. Corporation
2nd Floor Room 201
New Holiday Plaza Building
Libertad cor. F. B. Harrison Sts.
Pasay City, Metro Manila
Dear Mr. Ching:
This has reference to your request for advice on whether or not there can be a valid transfer to your corporation of a 3-hectare agricultural land at Paliparan, Dasmariñas, Cavite covered by Transfer Certificate of Title No. EP-39 in the name of Conrado P. Laparan and registered in the Registry of Deeds of Cavite on 29 January 1985 (now cancelled following the issuance on 2 June 1994 of a new title in the name of the heirs of said Conrado Laparan who died on 31 March 1991).
A scrutiny of TCT No. EP-39 reveals that on 23 November 1973 Certificate of Land Transfer No. 199223 was issued to Conrado Laparan pursuant to Presidential Decree No. 27 covering said 3-hectare landholding and that on 15 September 1983, Emancipation Patent No. 178821 was issued to said tenant. Moreover, per "Certificate of Full Payment of Land Amortization and Request for Cancellation" dated 12 April 1993 issued by the Land Bank of the Philippines, the amortizations for the property covered by said title have been paid in full.
Based on the aforestated facts and considering that Section 6 of E.O. 228 allows the transfer of lands covered by Presidential Decree No. 27 after full payment of amortizations, the farmlot covered by TCT No. EP-39 may be transferred subject to the following conditions:
1) The total agricultural land owned by the transferee, inclusive of the land to be acquired, shall not exceed the 5-hectare landownership ceiling provided in RA 6657;
2) No conversion of the farmholding for purposes other than agricultural shall be undertaken without a DAR Order of Conversion; and
3) Under Administrative Order No. 20, Series of 1992 of the office of the Presidents all irrigated and economically irrigable lands covered by irrigation projects with firm funding commitments shall be non-negotiable for conversion.
We hope we have clarified matters for you.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary
Legal Affairs Office