December 7, 1994

DAR OPINION NO. 93-94

MRS. JOVITA CELEDONIO GREGORIO

On behalf of Juanita B. Vda. De Celedonio

38 Gen. Luna, Ususan

Taguig, Metro Manila

Dear Mrs. Gregorio:

This has reference to your letter dated 21 November 1994 seeking the opinion of this Office on whether or not your mother, Juanita Vda. de Celedonio, can transfer by will the 2-hectare farmholding which she acquired on 26 February 1992 pursuant to RA 3844.

It is submitted that although the transfer of the 2.4141-hectare farmlot may be done thru a will, the same cannot be made in favor of more than one heir.

Section 62 of RA 3844, as amended, allows the transfer of landholdings acquired under the Agrarian Reform Code thru hereditary succession. Since the provisions of a will take effect upon the death of the testator, the transfer of your mother's farmlot by will may legally be done. However, it should be noted that the law allows transfer in favor of one heir only. This must be so, because transferring the farmlot to more than one heir would result in a fragmentation of the property and defeat the intent of the law to distribute economic family-size farms.

We hope to have clarified the matter for you.

Very truly yours,

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