May 28, 1996

DAR OPINION NO. 38-96

Atty. Francisco S. de Guzman

FS de Guzman & Associates Law Offices

Rm. 102-A, BF Condominium Bldg.

A. Soriano cor. Solana Sts.

Intramuros, Manila

Dear Atty. de Guzman:

This refers to your query on whether a 5.4756-hectares landholding owned by a widow with five (5) children falls within the coverage of the Comprehensive Agrarian Reform Law.

At the outset, we wish to clarify that Republic Act No. 6657 (The Comprehensive Agrarian Reform Law or CARL) covers all public and private lands devoted to or suitable for agriculture. Section 4 of said law mandates the acquisition and redistribution to qualified agrarian reform beneficiaries of all agricultural lands falling outside the retention of landowners. Moreover, Section 6 of CARL provides that no landowner may own or retain agricultural land in excess of five hectares.

Applying the aforecited provisions of CARL to your query, the aggregate area of the agricultural lands of the landowner as of 15 June 1988 (the effectivity of CARL), including the 5.4756-hectares property subject of your query, should be considered. If the landowner chooses 5 hectares out of said property as his retained area, the same will not be subjected to redistribution under CARL. However, since under Republic Act No. 3844, as amended (The Agricultural Land Reform Code) the tenant enjoys security of tenure, if the retained portion is tenanted, said tenancy shall continue unless the same is legally extinguished. It goes without saying that the area in excess of the 5-hectare retention shall be awarded to a qualified beneficiary pursuant to CARL.

Thank you for writing.

Very truly yours,

(SGD.) LORENZO R. REYES

OIC-Undersecretary
LAFMA