February 8, 1996

DAR OPINION NO. 07-96

Atty. Judy U . Bravo

1417 Constancia Street

Sampaloc, Manila

Dear Atty. Bravo:

This has reference to your letter seeing clarification on whether a DAR Clearance is necessary before the transfer of two parcels of agricultural land in the names of the heirs thereof can be effected.

Per your letter and copies of the documents attached thereto, a parcel of agricultural land situated at Camalig, Albay consisting of 10,639 square meters was sold on April 26, 1947 by Petrona Mortiga, et al. to Lourdes Moyo and Marcelino Soriaga; that by virtue of said sale, TCT No. T-486 covering said property was issued on 5 May 1947 in the name of the Soriagas; that despite the issuance of said title, however, the tax declaration is still in the name of the original owner, Margarita Mortiga; that another parcel of agricultural land also at Camalig, Albay, consisting of 5,425 square meters was sold on 8 August 1949 by Juan Mortiga, son of the late Martin Mortiga, to Salvador Moyo and Lina Obligacion, who subsequently sold the same to spouses Marcelino Soriaga and Lourdes Moyo; that on 27 May 1950, TCT No. T-1904 was issued in the name Soriaga spouses for the said 5,425-square meter lot; that despite said TCT, the tax declaration for the said lot remains in the name of Martin Mortiga; that Marcelino Soriaga died on 1 June 1974 while Lourdes Moyo died on 15 September 1974; and that the heirs of the spouses executed a Deed of Extrajudicial Settlement covering the estate of their parents. You now wish to be clarified on whether a DAR Clearance is necessary for the transfer of the lands inherited in the names of the heirs.

It is submitted that no DAR Clearance is necessary to register the transfer of the properties to the heirs of the deceased landowner who died prior to the effectivity of RA 6657 (the Comprehensive Agrarian Reform Law or CARL) on 15 June 1988. Since succession takes place upon the death of the decedent by operation of law, the heirs of the Soriaga spouses (who died in 1974) succeeded to their properties as of said date, hence, the transfer of the properties inherited in the name of the heirs can be legally effected and is not in contravention of CARL. This is clearly provided in II-Cl of DAR Administrative Order No. 1, Series of 1989 (copy attached for ready reference).

We wish to further clarify, however, that in determining whether the shares of the heirs fall under the Comprehensive Agrarian Reform Program pursuant to RA 6657, the aggregate area of the agricultural lands owned by each heir will be considered. Under the Comprehensive Agrarian Reform Law, the area in excess of the 5-hectare retention of the landowner shall be redistributed to a qualified farmer-beneficiary. It follows that if the share of an heir does not fall within his retention, the same shall be awarded to a qualified beneficiary pursuant to CARL.

We hope to have clarified matters with you.

Very truly yours,

(SGD.) HECTOR D. SOLIMAN

Assistant Secretary
Legal Affairs Office