January 14, 1998
DAR OPINION NO. 08-98
Atty. Carmelita Crisologo-Escolin
39 Kayumangi Street
West Triangle, Quezon City
Dear Atty. Escolin:
This has reference to your request for legal opinion whether your client's property can be the subject of compulsory acquisition.
You state that your client's total landholding is 111,050 sq. m. located at Sto. Domingo, Ilocos Sur, and the same should not be placed under compulsory acquisition since under Republic Act No. 6657 (Comprehensive Agrarian Reform Law), the landowner may exercise his right of retention. Under Section 6 of R.A. No. 6657, the landowner may retain not exceeding five hectares. Three (3) hectares may be awarded to each child of the landowner, subject to the following qualifications, to wit; (1) that he is at least fifteen (15) years of age as of June 15, 1988; and that he is actually tilling the land or directly managing the farm. However, the issue on whether or not the landholding of your client is exempt/excluded from CARP coverage by reason of the exercise of the right of retention and the issue on whether or not it may compulsory acquired is to be resolved not by way of rendering a legal opinion on the matter but by following the procedure laid down under DAR Administrative Order No. 9, Series of 1994 (Authorizing All Regional Directors to Hear and Decide All Protests Involving Coverage Under R.A. No. 6657 or P.D. No. 27 and Defining The Appeal Process From The Regional Director To The Secretary), copy herein attached.
In view thereof, please be informed that a Protest may be filed by your client in accordance with A.O. No. 9 Series of 1994.
Thank you for communicating with us.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy and Planning