June 27, 1996
DAR OPINION NO. 43-96
Director Nestor R. Acosta
OIC-Regional Director
DAR Region I
San Fernando, La Union
RE : Qualified Beneficiaries of the Agricultural Land Owned by the Workers for Christ the
Worker Religious Congregation
Dear Director Acosta:
This is in reply to the request of PARO Ernesto A. Pamoceno for clarification as to whether the six nuns of the Workers of Christ The Worker Religious Congregation can be CARP beneficiaries of their agricultural land at Urdaneta, Pangasinan to the extent of one hectare each, or a total of 6 hectares.
It is reported that the Congregation owns 24.2368 hectares of agricultural land at Urdaneta, Pangasinan and that out of said area 6 hectares are earmarked for distribution to the nuns who are directly managing the farm, at one hectare each.
It is submitted that the nuns of the Congregation are not legally qualified to become CARP beneficiaries of the land owned by it.
Under Section 22 of R.A. 6657, the qualified beneficiaries of the land redistribution program of the government are the agricultural lessees, share tenants, farmworkers, actual tillers and those directly working on the land. As for those directly managing the farm (in this case, the nuns of the Congregation), since they do not fall under any of the categories listed under Section 22 of CARL, they do not qualify as CARP beneficiaries. The only instance where persons directly managing the farm can be CARP beneficiaries thereof is when they are children of the landowner, as provided in paragraph 1 Section 6 and paragraph 2 Section 22 of CARL. Since the landowner in the case under consideration is a juridical person, the aforecited provisions on preferred distribution in favor of children does not apply. However, the landholding may be exempted from CARL coverage, provided that DAR is convinced by evidence submitted by the Congregation that said area is necessary for its sustenance. For said purpose, you may treat the letter of Mo. Deolindis A. Luza as an application for exemption. Advise the Congregation to submit documents in support of their application.
Please be guided accordingly.
Very truly yours,
(SGD.) LORENZO R. REYES
OIC-Undersecretary
LAFMA
Copy furnished:
OSEC Doc. No. 96020775
Doc. No. 9580766
Dean Jeremias U. Montenayor
Federation of Free Farmers
41 Highland Drive, Blue Ridge
1109 Quezon City
PARO Ernesto A. Pamoceno
DAR Provincial Office
Urdaneta, Pangasinan
Mo. Deolindis A. Luza, WCW
Superior General
Workers of Christ the Worker
Religious Congregation
Bo. Limmansangan, Binalonan, Pangasinan
Atty. Ananias O. Ramos, Jr.
DAR Provincial Office
PMS Building, Urdaneta
2428 Pangasinan
MARO Manuel E. Ubaldo
DAR, Urdaneta Pangasinan