October 17, 1994

DAR OPINION NO. 86-94

MEMORANDUM

FOR             :     JOSE NOEL D. OLANO
                                         Undersecretary for Field Operations
                                         and Support Services

SUBJECT    :     Request for legal opinion

This refers to your request for opinion on whether or not employees of the Central Azucarera de Don Pedro (CADP) which administers Hacienda Roxas at Nasugbu, Batangas qualify as farmer-beneficiaries of said Hacienda. You have given the additional information that the same employees are members of the farmers' cooperative of the Hacienda.

It is submitted that employees of CARP will qualify as CARP beneficiaries only with respect to that portion of Hacienda, if any, that will be left after the same has apportioned in favor of the persons mentioned in Section 22 of R.A. 6657, Otherwise stated, the persons mentioned in Section 22 of CARL, including those falling under paragraph (g) thereof — others directly working on the land — enjoy priority over those not working thereon, such as the employees belonging to management. This interpretation is consistent with the intent of CARL to distribute to farmers and regular farmworkers the lands they till.

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