July 13, 2001
DAR OPINION NO. 08-01
ATTY . SAMUEL B. GALUEGO
Room 302, 3rd Floor
TRB Bldg., Mapa St.
Iloilo City
Dear Atty. Galuego:
This refers to your letter-query indorsed to this Department by Director Benjamin A. Flestado, Legal Affairs, Land Registration Authority.
Your query is hereunder quoted as follows:
"Considering the ownership of real properties of my client, our inquiry refers to whether or not the lots she had acquired by way of public auction for failure to pay the real estate taxes can be registered in her name. Can she be given exemption as to her acquisition of the lots she had acquired and that the same be registered in her name taking into account that she had already paid the bid prices as well as the other dues and taxes necessary for the registration of the lots she purchased in her name?"
You stated that your client, Norma Magbanua, purchased parcels of land with an aggregate area of 31,040 square meters by way of Public Auction in September 1998; and, that the DAR refused to issue the necessary clearance considering that your client already owns a total of five (5) hectares of real properties.
On the assumption that the parcels of land involved are agricultural, your query has to be answered in the negative.
Subject acquisition will be violative of the provisions of Republic Act No. 6657 (Comprehensive Agrarian Reform Law) mandating a landownership ceiling and/or retention limit of not more than five (5) hectares (paragraphs 1 and 4, Section 6, Section 70 and Section 73(a) of R.A. No. 6657).
Furthermore, DAR Administrative Order No. 1, series of 1989 provides in Item II, B(3) thereof that transactions executed in favor of a person or persons not qualified to acquire land under Republic Act No. 6657 are not valid.
We hope to have clarified the matter.
Very truly yours,
(SGD.) VIRGILIO R. DE LOS REYES
Undersecretary for Legal Affairs, and Policy and
Planning
Copy furnished:
Dir. Benjamin A. Flestado
Legal Affairs
Land Registration Authority
East Ave. cor. NIA Rd., Quezon City