September 6, 1994
DAR OPINION NO. 69-94
Mr. Francisco A. Bautista, Jr.
Blk. 9 San Nicolas
Tarlac, Tarlac
Dear Mr. Bautista:
Your letter to DOJ Secretary Franklin Drilon dated 5 July 1994 has been referred to this office for appropriate action.
As gleaned from said letter and its enclosures, you wish to be clarified regarding the award of Emancipation Patents in favor of Mr. Candido Dupitas of Brgy. Labney, San Jose, Tarlac, covering lots with an aggregate area of 5.5727 hectares, despite the alleged ownership by him in his own right of about 9 hectares of agricultural lands (7,039 and 2,543 square meters of which he conveyed in 1993 and 1994, respectively). Specifically, you pose the following queries:
1. Is it legal under CARP for Mr. Candido Dupitas to have been warded four lots? Can he continue to hold and keep them in his possession?
2. As the CLTs were approved by the DAR, was the approval legal? Was the DAR aware that Mr. Candido Dupitas is not landless which is a requirement for eligibility?
3. How can others avail of the same generous treatment given to Mr. Candido Dupitas who is not landless like them?
Please be informed that Emancipation Patents, like those issued to Mr. Candito Dupitas, are awarded pursuant to Presidential Decree No. 27 dated 21 October 1972 and not under CARP (pursuant to RA 6657).Under said Decree, the tenants in private agricultural lands primarily devoted to rice/corn are deemed full owners of a family-size farm of five (5) hectares if unirrigated and three (3) hectares if irrigated, with a maximum allowable 10% additional area pursuant to MAR Administrative Order No. 3-85 (that is, a maximum award of 5.5 hectares if unirrigated and 3.3 hectares if irrigated). The award in favor of a tenant may be cancelled for cause, in which case the farmlot is reallocated in favor of another person who must be landless and willing to assume the responsibilities of a beneficiary under said law.
Since the details regarding the issuance of the Emancipation Patents in favor of Mr. Dupitas are not available at DAR Central Office, we are not in a position to provide you with specific answers to your queries. We have therefore referred the matter to our field office for investigation (copy of memorandum attached).
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary
Legal Affairs Office
Copy furnished:
Ms. Teresita Reyes-Domingo
Department of Justice
Manila
OSEC
Doc. No. 94080368