April 14, 1997

DAR OPINION NO. 41-97

Mr. Regino G. Malabanan

Planning Officer III

Planning Service

DAR Central Office

Dear Mr. Malabanan:

This has reference to your letter addressed to Hector D. Soliman, Undersecretary for Field Operations and Support Services seeking clarification on the queries posed therein, to wit:

a)         Whether or not the prohibitions provided for under Section 27 of R.A. No. 6657 (Comprehensive Agrarian Reform Law) apply to the landowner's non-amortizing qualified heirs/children?

b)        Whether the grounds for the cancellation of registered EPs/CLOAs per DAR Administrative Order No. 02, Series of 1994 also apply to the landowner's non-amortizing qualified heirs/children?

Anent your first query, the answer is in the affirmative. This means that the prohibitions embodied in Section 27 of R.A. No. 6657 (Comprehensive Agrarian Reform Law) relative to transferability of awarded lands shall likewise apply and operate even on the non-amortizing qualified heirs/children of the landowner as preferred beneficiaries. Simply put, they cannot claim exemption from the said prohibitions apart from the other regular qualified awardees-beneficiaries (i.e., not heirs/children of the landowner) for the application of the law does not make any distinction. Generally, there is no substantial distinction between a non-amortizing child awardee from the other qualified awardees-beneficiaries so as to accord the former better privileges than the latter. It bears stressing that the child awardee is awarded the land not because he or she is a child of the landowner but, rather, he or she is a qualified beneficiary. Thus, the aforesaid prohibitions shall similarly apply and will remain during the ten (10) year period from the award. Moreover, DAR Memorandum Circular No. 04, Series of 1994 explicitly provides that the awarded lands shall be utilized for agricultural production and shall be subject to the usual restrictions governing CLOAs.

Corrollarily, anent your second query, the answer is likewise in the affirmative. Unquestionably, the grounds for the cancellation of registered EPs/CLOAs provided for under DAR Administrative Order No. 02, Series of 1994 equally apply to the qualified heirs/children of the landowner. They cannot be spared or exempted from the provisions of the aforecited Administrative Order because said heirs/children are legally and necessarily subject to the same prohibitions and restrictions as do other qualified awardees. In other words, they cannot be accorded different treatment for they are essentially in the same class as the latter.

We hope to have clarified the matters with you.

Very truly yours,

(SGD.) ARTEMIO A. ADASA, JR.

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

HECTOR D. SOLIMAN

Undersecretary

FOG/SSO, DAR Central Office