May 28, 1996

DAR OPINION NO. 30-96

Mr. Raymund Felix Dolotina

c/o Hon. Isidro C. Zarraga

House of Representatives

Constitution Hills, Quezon City

Dear Mr. Dolotina:

This refers to your query on whether a certified true copy of the original birth certificate of the child of the landowner is sufficient to comply with the DAR requirement on retention. According to you, the Municipal Agrarian Reform Office of Carmen, Bohol requires you to produce the original copy of the Birth Certificate of the children of Congressman Isidro C. Zarraga in relation to their entitlement to an award.

At the outset, we wish to clarify that the three hectares awarded to the child of the landowner pursuant to Section 6 of CARL is not part of retention but is a preferred award in favor of said child. To qualify for said award, the child must meet the following qualifications:

1.         That he was at least fifteen years of age as of the effectivity of CARL on 15 June 1988; and

2.         That he was actually tilling the land or directly managing the farm as of 15 June 1988.

The reason for requiring the child's birth certificate is to establish compliance with the age requirement as stated above. In this connection, it is submitted that the original copy of the child's birth certificate is the best evidence to establish his age. However, if the evaluating officer (in this case the MARO) is sufficiently convinced of the reason for the failure to present the said original copy, and he believes that the substitute document (that is, the certified true copy) establishes with certainty the date of birth, then the same may be accepted. The bottom line is that in the particular case presented, the MARO is in the best position to determine whether the substitute document is a sound basis for establishing the date of birth, in compliance with the age requirement for the award in favor of the landowner's child.

We hope to have clarified matters with you.

Very truly yours,

(SGD.) LORENZO R. REYES

OIC-Undersecretary
LAFMA