October 6, 1999

DAR OPINION NO. 54-99

MR. ROLANDO A. MENDOZA

B.A.M. Land Management Corporation

21 Nangka Rd., Potrero Malabon

Metro Manila

Dear Mr. Mendoza:

This refers to your request for opinion on whether or not your landholdings with a total area of 109,780 square meters, located at Bo. Duna, Orani, Bataan is covered under Section 7 of the Comprehensive Agrarian Reform Law (CARL). Relative to said query, you likewise inquire as to whether there is a need for you to transfer subject landholdings under the names of your two (2) sons; and whether you could use the documents of Deed of Donation in the said transfer.

You state that your landholding is covered by five (5) titles enumerated as follows: a) Lot 1250-A = 74,652 sq. m.; b) Lot 1250-C = 21,724 sq. m.; c) Lot 1250-D = 10,000 sq. m.; d) Lot 1250-E = 1,218 sq. m.; and e) Lot 1250-F = 2,186 sq. m.; that you have two (2) legitimate sons aged 23 and 18; and that you just received a third Notice of Coverage from the Municipal Agrarian Reform Officer (MARO) of Orani, Bataan.

Section 7 of Republic Act No. 6657 sets the priorities for the acquisition and distribution of all agricultural lands. The provision of R.A. No. 6657 which particularly deals with coverage is Section 4, quote:

"SECTION 4.           Scope. — The Comprehensive Agrarian Reform Law of 1988 shall cover, regardless of tenurial arrangement and commodity produced, all public and private agricultural lands as provided in Proclamation No. 131 and Executive Order No. 229, including other lands of the public domain suitable for agriculture.

More specifically, the following lands are covered by the Comprehensive Agrarian Reform Program:

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."

Pursuant to said provision of law, your landholdings are thus covered under the Comprehensive Agrarian Reform Program (CARP). This answers your first query.

Your second and third queries can very well be answered by the provisions of Section 6 in conjunction with Section 70, both of R.A. No. 6657. The security of tenure of the farmers or farmworkers, if any, on the land, however, shall, in all cases, be respected.

We hope to have clarified the matters with you.

Very truly yours,

(SGD.) DANILO T. LARA

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

The Municipal Agrarian Reform Officer

DAR Municipal Office

Orani, Bataan

PARO Orlando Tumacay

DAR-Provincial Office

Dinalupihan, Bataan