May 24, 2001
DAR OPINION NO. 05-01
Mr. Agustin C. Dizon
167 Wilson Street
San Juan, Metro Manila
Dear Mr. Dizon:
This has reference to your letter dated January 31, 2001 addressed to Secretary Hernani A. Braganza seeking answers on the questions posed therein.
You said three landowners/co-owners seek to transfer 40% of the co-owned twelve (12) hectares of presumably agricultural land to their alleged farmers-beneficiaries. And in said transfer agreement, the farmers shall not be obligated to pay for their share.
It should be stressed that all agricultural lands are automatically covered under the Comprehensive Agrarian Reform Program. Landowners whose agricultural lands are covered by CARP have really no choice except to submit to the program. Only those lands specifically exempted from the coverage of CARP may be transferred irrespective of agrarian laws. Since your queries involve agrarian matters such as the segregation and titling of the lands then the transfer agreement should still comply with all the requirements of agrarian laws.
Although your transfer agreement may be legal and seems to be advantageous to the government-DAR, the landowners and the alleged farmers-beneficiaries, it will still be a protection for the landowner to allow DAR to make certain determinations and perform its mandated functions. These include but are not limited to operations such as the identification of legitimate beneficiaries allowance of capital gains tax exemption, and proper identification, survey segregation and eventual issuance of titles of the lands involved.
There are existing DAR Administrative Orders which you may find helpful in answering your queries. Attached herewith are DAR Administrative Order No. 1, Series of 1989, re Rules on Land Transactions; Administrative Order No. 8, Series of 1997, re Guidelines on Acquisition and Distribution of Compensable Agricultural Lands under Voluntary Land Transfer/Direct Payment Scheme, and Administrative Order No. 6, Series of 1997, re: Amendment to A.O. 9, Series of 1990 on Acquisition of Agricultural Lands Subject of Voluntary Offer to Sell and Compulsory Acquisition Pursuant to R.A. 6657, and Administrative Order No. 2, Series of 1996, re: Rules on Acquisition of Lands Subject of Voluntary Offer to Sell and Compulsory Acquisition Pursuant to R.A. 6657.
We hope that we have assisted you.
Very truly yours,
(SGD.) VIRGILIO R. DE LOS REYES
Undersecretary for Legal Affairs, Policy and Planning
Copy furnished:
OSEC Doc. No. 01020328
LRSD-BALA Files
The Provincial Agrarian Reform Officer
DAR Provincial Office
Pedmar Bldg., Dolores
San Fernando, Pampanga
The Municipal Agrarian Reform Officer
DAR Municipal Office
Porac, Pampanga