July 23, 1999
DAR OPINION NO. 40-99
MARO Mario E. Idjao
DAR Municipal Office
Bansud, Oriental Mindoro
Dear MARO Idjao:
This refers to your letter dated 5 May 1999 requesting for legal opinion on the following queries:
1. Whether or not the award right of regular farmworkers who are paid daily or monthly by the landowners and have no fixed area of tillage is comparable to that of the agricultural lessees who are entitled to a maximum of three (3) hectares of their actual tillage?
2. What particular provision of agrarian reform law applies to regular farmworkers who abandon their work due to change of ownership and management?
3. In an unusual geographic location of CARPABLE landholdings brought about by the nature of political boundaries like winding rivers, roads and pathways, can we consider farmer beneficiaries' proximity or rearness, direct access, familiarity and history of tillage on top of the applicants who are legitimate residents of barangay where the CARP area is located but do not have the bearings of their counterpart mentioned above?
4 Until when can a landowner of VOS/CA landholdings validly institute tenants or farmworkers? There are landowners that are circumventing and preempting DAR's legitimate FBs screening process.
5. Is membership in farmers organization, NGO and PO considered a plus factor for farmer applicants?
You informed us that the above queries were prompted by the now ongoing acquisition/distribution of the deferred commercial farm of the AFP-RSBS located at Bansud, Oriental Mindoro. You stated that the farm is composed of 520 hectares but only 72 hectares thereof are developed but they are neither compact nor, contiguous; and that the developed area is worked only by 30 farmworkers and only 19 are qualified to be beneficiaries of the program. You also stated that out of the 520 hectares, an area of more than 200 hectares has defective titles.
Anent your first and third queries, Section 25 of Republic Act No. 6657 provides that beneficiaries shall be awarded an area not exceeding three (3) hectares, which may cover a contiguous tract of land or several parcels of land cumulated up to the prescribed award limits. The foregoing provision sloes not make any qualification as to whether the awardee is an agricultural lessee or regular farmworker. Farmworkers can qualify as beneficiaries if they are found to be directly working on the land, whether as regular, seasonal or other farmworkers at the time the field implementors conduct actual investigation and documentation and they meet the basic qualifications under Section 22 of R.A. No. 6657. As a general rule, acquired commercial farms shall be distributed to qualified beneficiaries based on the order of priority prescribed under Section 22. Those who have worked longest on the land shall be given preference.
Your second query, as we see it, does not really involve a case of abandonment but rather one in which the farmworker was forced to retire or resign due to change of ownership and management of the farm. In such cases, Section 6(h) of Administrative Order No. 9, Series of 1998 shall apply, quote:
"(h) Prioritization of Beneficiaries. — The Beneficiary Screening Committee shall prioritize the potential ARBs pursuant to Section 22 of R.A. No. 6657. They shall be ranked according to the length of their continuous service in the commercial farm reckoned from June 15, 1988 up to the expiration of the deferment period; residency, i.e., whether residing in the same barangay or municipality; whether they have been validly retrenched, i.e., with approval of the Department of Labor and Employment; the nature of their work, i.e., whether directly related to farm activities; and such other factors as the Committee may deem appropriate."
Anent your fourth query, landowners are not possessed of the discretion or right to select CARP beneficiaries. Land acquisition and distribution involve two separate transactions, first, the government, thru DAR, acquires the land from its owner and then distributes it to the qualified agrarian reform beneficiaries. It. is not the landowner, therefore, who is transferring the landholding to the farmer-beneficiaries.
In the selection of qualified beneficiaries for acquired commercial farms, Section 6 (a) of DAR Administrative Order No. 9, Series of 1998 provides, quote:
"SEC. 6. Procedure for Selection of Beneficiaries. — The selection of qualified beneficiaries for acquired commercial farms shall subscribe to the following procedures:
(a) Beneficiaries Screening Committee. — A Beneficiary Screening Committee shall be created composed of the following:
(1) Provincial Agrarian Reform Officer (PARO) who shall act as Chairman;
(2) Municipal-Agrarian Reform Officer (MARO), as member;
(3) Provincial Agrarian Reform Officer Coordinating Committee (PARCCOM) Chairman or his duly-authorized representative, as member;
(4) Barangay Agrarian Reform Council (BARC) Chairman or his duly-authorized representative from each of the barangay where the subject commercial plantation is situated, as member(s); and
(5) Barangay Chairman or duly-authorized representative, from each of the barangays where the subject commercial plantation is situated, as member (s).
The Beneficiary Screening Committee shall be responsible for the qualification, identification and selection of agrarian reform beneficiaries for acquired commercial farms. In the performance of its tasks, the Committee may invite representatives from the landowners, peoples? or non-government organizations and/or such other groups or entitles as may be necessary as resource persons."
Anent your last query, relative to your third query, membership in farmer's organizations, Non Government Organizations (NGOs) and People's Organizations (POs), although generally favorable or beneficial, does not necessarily mean a plus factor for farmer applicants. To reiterate, one must possess all the qualifications to be an agrarian reform beneficiary as provided for under Section 22 of R.A. No. 6657.
Please be guided accordingly.
Very truly yours,
(SGD.) DANILO T. LARA
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
PARO Leonora Caoili
DAR Provincial Office
Calapan, Oriental Mindoro
Atty. Lilia Calabocal
Chief, Legal Division
DAR-Provincial Office
Calapan, Oriental Mindoro