February 27, 1997
DAR OPINION NO. 17-97
MARO Teresita S. Crizaldo
DAR Municipal Office
Trece Martires City
Dear MARO Crizaldo:
This refers to your request for clarification on some of the contents of the Handbook for DAR Frontliners which you find to be in conflict with opinions/action taken by your superior in some of their communications, specifically on landowner's retention and award to children.
Anent the issue on the right to choose the retained area, it should be noted that said right is a statutory right granted under the comprehensive Agrarian Reform Law. This being a statutory right, the landowners whose landholdings are covered under CARP are bound to exercise such right within the period specified under A.O. No. 11, Series of 1990 (Rules and Procedures Governing the Exercise of Retention Right by Landowners and Award to Children Under Section 5 of R.A. 6657). Otherwise, the DAR shall be the one to choose the retained area in their behalf in order to attain the purposes of the law.
As regards the award of three (3) hectares to each children of the landowner, we wish to clarify that said award is not part of retention. The children are given preference in the distribution of the land of their parents, subject to the qualifications specified in Sec. 6 of CARL. Pursuant to said legal provision DAR Memorandum Circular No. 04 Series of 1994 (Clarificatory Guidelines Concerning the Award to Children under Sections 6 and 22 of RA 6657) provides that to qualify as preferred awardees of the lands of their parents the children must at least be 15 years of age and actually tilling the land or directly managing the farm as of June 15, 1988. The same Circular explains that directly managing the farm refers to the cultivation of the land through personal supervision under the system of labor administration. Clearly, therefore, for children to be preferred awardees, CARL requires either personal cultivation or direct management of the farm.
For your information and guidance.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
The Chief of Staff
FOG
Ms. Tomasa V. Mina
OIC-Director, BARIE