August 23, 1994
DAR OPINION NO. 61-94
ATTY . GILBERT M . FABELLA
1122 Arlegui, Quiapo
Manila
Dear Atty. Fabella,
This has reference to your letter of 18 July 1994 to DOJ Undersecretary Demetrio G. Demetria which was referred to this Office per your request. As gleaned from said letter, you wish to be clarified on the following:
1) Are the children of beneficiaries under PD 27 qualified to be CARP beneficiaries in the untenanted portion of the landholding owned by the same landowner?
2) Can said persons hinder the plan of the owners to put up an agri-residential complex in the area?
Anent your first query, Section 22 of RA 6657 provides that lands covered by CARP shall be distributed as much as possible to landless residents of the same barangay or in the absence thereof, landless residents of the same municipality. Under CARL, landless means one who owns less than 3 hectares of agricultural land. The same section further provides that a "basic qualification of a beneficiary shall be his willingness aptitude and ability to cultivate and make the land as productive as possible". For as long as said qualifications are met, the fact that a person is a child of a PD 27 beneficiary shall not disqualify him from being a CARP beneficiary.
Anent your second query, if the area is classified as agricultural, it may be used for non-agricultural purposes (e.g., residential) only if you have filed with the DAR an application for conversion and have obtained a DAR Order approving the same. In such a case, only the tenants thereof will be entitled to the payment of disturbance compensation. Persons applying as CARP beneficiaries in the area cannot hinder conversion thereof so long as DAR has approved said conversion.
We hope we have clarified matters for you. We wish to inform you, however, that the foregoing is aimed at enlightening you on the issues presented and does not constitute a ruling on any case that may be brought regarding the matter.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary
Legal Affairs Office
Copy furnished:
Clifford C. Burkley
Head Executive Assistant
RE: Doc. No. 94-08-0237