June 21, 1996
DAR OPINION NO. 44-96
Ms. Zenaida B. Fuentesfina
281-E J. P. Rizal Street
Project 4, Quezon City
Dear Ms. Fuentesfina:
This refers to your request for opinion on the following queries, to wit:
1. Do we have legal rights over the lot where our house is built and the coconut plantation surrounding it?
2. Does Mr. Juanillo Castro have rights over our coconut plantation, invoking his lease contract "that he has all the rights with all the area including the improvement thereon"?
3. Does our brother also have the right to apply as CARP beneficiary if ever it will be implemented in that particular area?
You state the following as a background for your queries:
Your parents, the late Alfredo and Eustaquia Barrido, were the legal tenants of the lot owned by the late Dr. and Mrs. David Kataque situated at Sitio Piliwan, Ajuy, Iloilo even prior to 1950. They continued to till the land until it was leased by a certain Arthur Blancaflor in 1968. Their co-tenants were given disturbance compensation in exchange for their tenancy. Your parents, however, refused to accept any payment, hence, they were provided by the owners less than a hectare on which they built a permanent house and a portion for coconut plantation with no written documents. Your parents were contented because the lessee did not bother your produce. From 1980 up to the present, Juanillo Castro has been the lessee of the property. He did not mind the coconut plantation until April 1996. This year, Mr. Castro was informed by the District DAR technician that a portion of the property is covered under CARP. Mr. Castro then started listing his seasonal laborers as tenant beneficiaries. Your brother who is staying in your parents' house filed his application' as CARP beneficiary with the DAR Office, however, he was inform by the DAR District and Regional Offices that he is not eligible to apply since he has not been a tenant for more than 10 years now.
You further state that Mr. Castro would like to harvest the coconuts, claiming that the area where your house and coconut plantation are located is included in his leasehold. Last May 9, your brother, Florante Barrido, prevented his men from harvesting the coconuts since he was the one who planted the same. For failure of Mr. Castro's men to harvest the coconuts, upon their arrival at Castro's residence (which is just a few meters away from your house), they immediately fired at your house using high-powered guns.
We regret that since your queries involve factual issues, we are constrained from rendering an opinion thereon. We render legal opinion on purely legal issues, but not on cases which involve factual issues or legal issues mixed with factual matters, such as in this case. We therefore deem it appropriate to refer your letter to the Municipal Agrarian Reform Officer (MARO) of Ajuy, who is in the best position to determine the facts relative to your queries and to enlighten you regarding the same.
We would like, however, to offer you some clarification regarding your brother's application as CARP beneficiary. The DAR, thru the MARO, has jurisdiction over the screening, selection and identification of farmer-beneficiaries under CARP. R.A. No. 6657 (the Comprehensive Agrarian Reform Law or CARL) requires that a beneficiary be landless (owns less than 3 hectares of agricultural land), and possesses the basic qualifications of willingness, aptitude and ability to make the land as productive as possible. Moreover, paragraph 1, Section 22 of CARL provides:
"SECTION 22. Qualified Beneficiaries. — The lands covered by the CARP shall be distributed as much possible to landless residents of the same barangay or in the absence thereof, landless residents of the same municipality in the following order of priority:
(a) agricultural lessees and share tenants;
(b) regular farmworkers;
(c) seasonal farmworkers;
(d) other farmworkers;
(e) actual tillers or occupants of public lands;
(f) collectives or cooperatives of the above beneficiaries; and
(g) others directly working on the land."
From the foregoing, it is clear that a person need not be a tenant to qualify as a CARP beneficiary, however, he must be a farmworker.
Attached is a copy of our letter to MARO Isidro Tarol of Ajuy, for your reference.
Very truly yours,
(SGD.) LORENZO R. REYES
OIC-Undersecretary
LAFMA
Copy furnished:
OSEC
Doc. No. 96050380
MARO Isidro Tarol
DAR, Ajuy, Iloilo