May 9, 2003
DAR OPINION NO. 05-03
MARO Alfredo S. Azarcon
DAR Municipal Office
Talavera, Nueva Ecija
Dear MARO Azarcon:
This refers to your letter referred to us for comment/legal advice by Director Gloria J. Fabia, Bureau of Land Acquisition and Distribution, regarding a foreclosed property located at Bacal I, Talavera, Nueva Ecija voluntary offered for sale by the Rizal Commercial Banking Corporation (RCBC) under CARP previously distributed by the government pursuant to P.D. No. 27.
In your letter you stated, among others, that the subject property was part of Juan C. Cojuanco Estate covered under P.D. No. 27; that one Rufino Wala-Wala was identified as farmer-beneficiary and a recipient of EP No. A-019495; that the property was transferred to Isidro Lapuz as evidenced by TCT No. NT-251990 who in turn, used it to secure a loan from RCBC; that Mr. Lapuz appears to have failed to settle the mortgage, hence, the land was foreclosed and eventually titled to RCBC and it was opined that said offer cannot be entertained since it was already a product of the government distribution program and cannot be placed again under CARP coverage. CTEaDc
Relating to the issue in your letter, the following are the pertinent provisions of R.A. No. 6657, P.D. No. 27 and DAR Administrative Order No. 8, series of 1995 (Rules and Procedures Governing the Transferability of Lands Awarded to Agrarian Reform Beneficiaries (ARBs) Pursuant to Presidential Decree No. 27 as Amended by Executive order No. 228 and Republic Act No. 6657), to wit:
Section 4 (d), R.A. No. 6657
"Section 4. Scope.
xxx xxx xxx
(d) All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon." (emphasis supplied)
Section 7, R.A. No. 6657
"Section 7. Priorities — The DAR, in coordination with the PARO shall plan and program the acquisition and distribution of all agricultural lands through a period of ten (10) years from the effectivity of this Act. Lands shall be acquired and distributed as follows:
Phase One: Rice and corn lands under Presidential Decree No. 27; all idle or abandoned lands; all private lands voluntary offered by the owners for agrarian reform; all lands foreclosed by government financial institutions. . . . . (emphasis supplied)
Section 19, R.A. No. 6657
"Section 19. Incentives for Voluntary Offers for Sale — Landowners, other than banks and other financial institutions, who voluntarily offer their lands for sale shall be entitled to an additional five percent (5%) cash payment." (emphasis supplied)
Paragraph 13, P.D. No. 27
"Title to land acquired pursuant to this Decree or the Land Reform Program of the Government shall not be transferable except by hereditary succession or to the Government in accordance with the provisions of this Decree, the Code of Agrarian Reform and other existing laws and regulations." (emphasis supplied)
Item 1, 1st paragraph of DAR Administrative Order No. 08, series of 1995
"I. PREFATORY STATEMENT
Presidential Decree No. 27 provides that title to lands acquired pursuant thereto or the Land Reform Program of the Government shall not be transferable except by hereditary succession or to the Government." (emphasis supplied) SDECAI
In view of the aforementioned provisions of law, the voluntary offer for sale to the government of lands devoted to or suitable for agriculture may be allowed and given due course.
We hope to have clarified the matter and please be guided accordingly.
Very truly yours,
(SGD.) RICARDO S. ARLANZA
Undersecretary for Policy, Planning and Legal Affairs Office