February 4, 1998

DAR OPINION NO. 10-98

ULPIANO M . RIVERA

Pola, Oriental Mindoro

Dear Mr. Rivera:

This refers, to your letter dated 17 October 1997 addressed to Atty. Rene Cayetano, Presidential Legal Counsel, which was subsequently endorsed to us seeking clarification on the following questions, to wit:

a)         Whether or not a coconut plantation is covered by Republic Act No. 6657 (Comprehensive Agrarian Reform Law) and whether it is excluded under the Tenancy Act; and

b)         If so covered, how many hectares would be retained by the landowner, his children and grandchildren?

Anent your first query, Section 35 of Republic Act No. 3844 (Code of Agrarian Reforms, as amended by Republic Act No, 6389) expressly provides that a coconut plantation is exempt from leasehold wherein the consideration, as well as the tenancy system prevailing, shall governed by the provisions of Republic Act No. 1199, as amended, Under Section 41 of R.A. No. 1199 (The Agricultural Tenancy Act of the Philippines), the landholder and the tenant on lands which produce crops other than rice shall be free to enter Into any contract stipulating the ratio of crop division. In the absence of a stipulation, the customs of the Place shall govern.

The foregoing provisions were however already expressly repealed by Section 76 of Republic Act No. 6657, Section 4 of Republic Act No. 6657 now categorically Provides, quote: "The Comprehensive Agrarian Reform law of 1988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. 299, including other lands of the public domain suitable for agriculture." Accordingly, a coconut plantation is covered by CARP.

Anent your second query, under Section 6 of R.A. No. 6657 it is expressly Provided that: "except as otherwise provided in this Act, no person may own or retain, directly or indirectly, any public or private agricultural land, . . . but in no case shall retention by the landowner exceed five (5) hectares. Three 3) hectares may be awarded to each child of the landowner, subject to the following qualifications: (1) that he is at least fifteen (15) years of age (at the time of the effectivity of R.A. No. 6657 on June 15, 1988); and (2) that he is actually tilling the land or directly managing the farm". Pursuant thereto, the mere fact that the landowner has children does not automatically nor necessarily make them qualified awardees entitled to the three (3) hectare award ceiling. Moreover, grandchildren are nor contemplated as qualified awardees under R.A. No. 6657 since they are not mentioned under the said law. Well-entrenched is the rule that the law does not include, it excludes.

We hope to have clarified the matters with you.

Very truly yours,

(SGD.) ARTEMIO A. ADASA, JR.

Undersecretary for Legal Affairs, and Policy and Planning