March 20, 1997
DAR OPINION NO. 30-97
Atty. Andres Rommel C. De Jesus
Chief, Legal Division
DAR-Provincial Office
4608 Basud, Camarines, Norte
Dear Atty. De Jesus:
This refers to your letter reiterating the request of MARO Jinny P. Glorioso for opinion on whether MAR A.O. No. 3, series of 1985 shall apply to the retention limit of a landowner provided for under R.A. No. 6657.
MAR A.O. No. 3, Series of 1985 provides:
"The economic family size farm to be transferred to a bonafide farmer beneficiary pursuant to PD 27 shall include a tolerable limit of not more than ten (10%) or 3.3 hectares if irrigated and 5.5 hectares if unirrigated."
Under the aforequoted provision, it means that if the area actually occupied by a tenant exceeded the three hectare award ceiling by 10% and there is no other tenant in the landholding, the total aggregate area may be awarded to the qualified farmer-beneficiary. However, please note that pursuant to MAR Circular No. 4, series of 1986, it provides that in cases wherein the farmlot area exceeds that which is provided therein, the whole area in excess of 3 hectares or 5 hectares, may be reallocated, provided the farmer-beneficiary affected gives his consent thereto. (Emphasis supplied)
Applying the above provisions on the subject matter at hand, we submit that MAR A.O. No. 3, Series of 1985 cannot be made to apply on the retention limit of a landowner provided under CARL. The reason is that, the mandate of the law is clearly to distribute CARP-covered lands to the landless or to qualified farmer beneficiaries who have the aptitude, willingness and ability to make said lands as productive as possible. To increase the retention limit of a landowner within the so-called "tolerable limit", though it may be perceived as negligible, would nonetheless defeat the very purpose for which the law (R.A. No. 6657) was enacted. Accordingly, in such excess area, the same should rather be allocated or awarded in favor of a qualified agrarian reform beneficiary.
We hope to have clarified you on the matter.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy and Planning