August 24, 1998
DAR OPINION NO. 81-98
Ms. Clarita Azares
Banica, Roxas City
Dear Ms. Azares:
This has reference to your letter dated 10 July 1998, concerning your problem on the status of your agricultural land under leasehold in the name of your deceased husband Ernesto Azares owned by Mrs. Paquita Arches, also deceased, of which after the death of said owner, you have remitted your payments to various collectors without presentation of their valid capacity to receive such payment, and that you temporarily stopped your payment for the last two (2) years pending determination of their legal capacity/personality to receive said payments.
In view of the pending final determination of who is the legal representative of the deceased owner, you would like to request before this Office the following, to wit: 1) to recommend that your remittances be paid to the Land Bank, Roxas City in favor of deceased landowner Paquita Arches; and 2) that said leasehold be under the coverage of the Comprehensive Agrarian Reform Program (CARP).
As regards your first request, attached is our Memorandum to DAR Regional Director Dominador San Andres advising him to render appropriate action on your request to remit payment to the Land Bank, Roxas City in the name of Paquita Arches.
As regards your second request that the subject agricultural land under leasehold be covered by CARP, such request cannot legally be given due course if the same is within the retained area of the landowner. Please be informed that although lands within the retention right of a landowner are covered by the provisions of existing agrarian laws, rules and regulations with respect to leasehold rights of a tenant-lessee (e.g., right to security of tenure), the same are not covered insofar as the land acquisition and distribution aspect of the agrarian reform program is concerned. It is only when said lands are beyond the legally allowable retention area of the landowner that the same could be covered by CARP.
Thank you for communicating with us and we hope to have clarified the matter with you.
Very truly yours,
(SGD. ) DANILO T. LARA
Undersecretary for Legal Affairs, and Policy and Planning