February 13, 1998
DAR OPINION NO. 24-98
Mr. Marciano M . Pineda
General Manager
National Housing Authority
Diliman, Quezon City
Dear Mr. Pineda:
This has reference to your letter dated 12 January 1998 as a follow-up to your letter dated 06 November 1996 seeking clarification and assistance relative to the acquisition of a landholding which your Office intends to use for the establishment of a housing project located at Barangay Bito-on, Jaro, Iloilo City.
Please be informed that the first letter you sent us dated 06 November 1996 was promptly accorded the attention that it merited. Said letter-query was responded with reasonable dispatch and gives birth to DAR Opinion No. 08, Series of 1997 [copy attached], unfortunately, this reply did not reach your office on time as expected.
DAR Administrative Order No. 08, Series of 1995 expressly provides that the title to the lands acquired pursuant to Presidential Decree No. 27 or the Land Reform Program of the Government shall not be transferable except by hereditary succession or to the Government. However, Section 6 of Executive Order No. 228 provides that ownership of lands acquired by farmer-beneficiaries under P.D. 27 may be transferred after full payment of amortizations. Corollarily, the transfer of awarded lands under P.D. No. 27, as amended key 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.
Moreover, DAR A.O. No. 07, Series, of 1997 now governs the rules and regulations on all application for conversions of agricultural lands to non-agricultural uses instead of DAR A.O. No. 12, Series of 1994, since the latter was impliedly repealed by the former.
We hope to have clarified the matter with you.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, Policy and Planning