May 28, 1996
DAR OPINION NO. 35-96
Mr. Wilson P. Lanot
21 Guijo Street
Marietta-Romeo Village
Bgy. Sta. Lucia
Pasig City
Dear. Mr. Lanot:
This has reference to your letter seeking opinion on whether parents who already own six (6) hectares of agricultural land, can acquire in the name of their minor children ages nine and below, fourteen hectares of agricultural land.
At the outset, we wish to clarify that RA No. 6657 (The Comprehensive Agrarian Reform Law or CARL) mandates the acquisition and redistribution to qualified agrarian reform beneficiaries of all agricultural lands in excess of the 5-hectare retention of landowners. Moreover, the lash paragraph of Section 6 of CARL provides that the sale, disposition, lease, management contract or transfer of possession of private lands executed by the original landowner in violation of CARL shall be null and void.
Applying the above provisions to your query, the 14-hectare agricultural land cannot be transferred except in favor of agrarian reform beneficiaries pursuant to CARL. However, if said property is the only landholding owned by the landowner as of 15 June 1988 (the effectivity of CARL), 5 hectares may be subject of retention. Said 5-hectare retained area may be sold, provided the transferees would not own more than the 5-hectare landownership ceiling allowed under CARL, inclusive of the property acquired.
As regards your specific query on whether you can acquire agricultural land in the name of your minor children, the answer is in the affirmative, provided that 1) the land to be acquired is a retained area; 2) title shall be issued in the name of your children, and 3) each child would not own more than the five-hectare landownership ceiling, including the property acquired. We wish to reiterate, however, that as regards the 14-hectare landholding subject of your query, only 5 hectares thereof may be sold or transferred, and the same should be the landowner's retention.
We hope to have clarified the matter with you.
Very truly yours,
(SGD.) LORENZO R. REYES
OIC-Undersecretary
LAFMA