December 2, 1998
DAR OPINION NO. 113-98
MR. WALTER D. ECHEVARRIA, JR.
Municipal Vice-Mayor
Gen. Mariano Alvarez, Cavite
Dear Vice-Mayor Echevarria:
This refers to your letter dated 12 October 1998 and Resolution No. 148, Series of 1998 of the Municipality of General Mariano Alvarez, Cavite requesting this Office to accommodate and facilitate the request of God's Royal Priesthood Christian Fellowship in acquiring ownership of a portion of Lot 1002 at Block 9-B Barangay San Jose, General Mariano Alvarez, Cavite with an area of 200 square meters, more or less, and covered by CLOA No. 0028413 Lot 94.
The abovementioned property was awarded to spouses Bruno and Juana Masula, and that they allowed the construction of their church and donated a portion of their lot to God's Royal Priesthood Christian Fellowship out of their devotion and belief to the congregation.
Please be informed that pursuant to Section 27 of Republic Act No. 6657 (Transferability of Awarded Lands), it provides the following, quote:
"Lands acquired by beneficiaries under this Act may not be sold, transferred or conveyed except through hereditary succession, or to the government, or to the LBP, or to other qualified beneficiaries for a period of ten (10) years."
Moreover, the provisions of Executive Order No. 228 dated 17 July 1987 in relation with DAR Administrative Order No. 8, Series of 1995 provide that ownership of lands acquired by a farmer-beneficiary (whether under P.D. No. 27 or RA. No. 6657) may be transferred after full payment of amortizations, provided the following conditions shall be observed:
(a) That the productivity of the land shall be maintained;
(b) That the buyer will not exceed the aggregate landownership ceiling provided by law; and
(c) That the ownership ceiling of five (5) hectares shall be imposed.
Applying the aforecited provisions of law, clearly, the transfer (i.e., donation) of the awarded land to the said congregation within the 10-year prohibitory period and the construction of the church are violations of the provisions of R.A. No. 6657 and its implementing rules and procedures on the transferability of awarded lands, exemption and/or conversion (DAR Administrative Order No. 1, Series of 1989, Administrative Order No. 13, Series of 1990 and Administrative Order No. 7, Series of 1997).
In view, of the all the aforegoing, we could not therefore give due course to the aforecited subject Sanggunian Bayan Resolution for to do so would constitute a violation of existing agrarian laws, rules and regulations.
Please be informed and guided accordingly, and we hope to have clarified the matters with you.
Very truly yours,
(SGD.) DANILO T. LARA
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
Eugenio B. Bernardo
E. Rodriguez Memorial Building
Capitol Compound, Pasig City
PARO Luis Bueno
DAR - Region IV
Trece Martirez, Cavite
The Municipal Agrarian Reform Officer
DAR - Municipal Office
General Mariano Alvarez, Cavite