October 4, 1999
DAR OPINION NO. 49-99
Mr. Reynaldo C . Rafael
9-A Gen. Fullon Street, Banlat
Tandang Sora, Quezon City
Dear Mr. Rafael:
This refers to your letter dated 20 August 1999 requesting clarification on the following queries:
1) Whether or not the conditions for the transfer of a parcel of land awarded under P.D. No. 27 or R.A. No. 6657 stated in Section II (3) of DAR Administrative Order No. 8, Series of 1995 apply even if the agrarian reform beneficiary (ARB) was identified as tenant as of 21 October 1972 and amortizations were already fully paid; and
2) Whether or not the 5-hectare ownership ceiling and the commitment to maintain the productivity of the awarded land applies to first transfers or to subsequent transfers as well.
DAR A.O. No. 8, Series of 1995 particularly Item II (3) and (4) thereof provides, quote:
xxx xxx xxx
"3. Transfer of awarded lands under P.D. No. 27, as amended by E.O. No. 228 and R.A. No. 6657 may be allowed, provided the following shall be observed:
a. that the productivity of the land shall be maintained;
b. that the buyer will not exceed the aggregate landowner ceiling provided by law; and
c. that the ownership ceiling of five (5) hectares shall be imposed.
4. If awardee was identified as tenant as of 21 October 1972 and amortizations were fully paid, transfer of awarded lands by the original tenant or his heirs may be allowed, regardless of date of issuance of Emancipation Patent (EP). (P. D. No. 27, as amended by E.O. No. 228)"
We answer your first and second queries in the affirmative. It shall be understood that although the transfer of awarded land is allowed pursuant to DAR A.O. No. 8, Series of 1995, we submit that the conditions stated thereon shall be complied with in order that the same shall be considered valid and legal. This is in accordance with the mandate of law and consistent with the government's policy to preserve prime agricultural lands. Moreover, it is believed that the conditions thus enumerated shall apply not only to first transfers made but to subsequent ones as well for as long as the agricultural condition of the land continues to exist. This is based on the principle that agricultural lands should rightfully be considered a finite natural resource further exhaustion of which would threaten national food security. Any change, therefore, in the nature of the awarded lands' use shall not be allowed except with the approval of the DAR under its rules on conversion or exemption.
Thank you for communicating with us and we hope to have enlightened you on the matter.
Very truly yours,
(SGD.) DANILO T. LARA
Undersecretary for Legal Affairs, and Policy and Planning