August 14, 1996
DAR OPINION NO. 70-96
MRS. ROSITA G. CORONEL
54 Dr. Alejos St.,
Sta. Mesa Heights
Quezon City
Dear Mrs. Coronel:
This has reference to your letter seeking opinion on the queries posed therein, to wit:
1) Are fishponds covered by the Comprehensive Agrarian Reform Program?
2) Are Filipinos who migrated to foreign lands (Canada, U.S.) and became citizens thereof no longer entitled to inherit from their parents properties in the Philippines?
3) How many hectares is a landowner entitled to retain?
4) How many hectares is a child entitled to inherit from his parents?
5) After a child gets a share of three (3) hectares, is he deprived of inheriting another portion of land (riceland, fishpond) from another source (i.e., inheritance from relatives)?
6) My sister and I are co-owners of a piece of riceland. My sister has died, but her properties are not yet divided. Can I transfer my ½ share to my children?
Anent your first query, please be informed that Republic Act No. 7881, which amends RA 6657 by exempting fishponds and prawn farms from CARL coverage under certain conditions, is under review by the Supreme Court, in view of the filing of the case entitled SENTRA Foundation, et al. versus The Secretary of Agrarian Reform (G.R. No. 122170) which questions the constitutionality of said exemption. In connection with said case, the Supreme Court issued a Resolution dated November 13, 1995, enjoining the DAR from enforcing the provisions of said Act and DAR Administrative Order No. 3, Series of 1995.
Anent your second query, Filipinos who became citizens of other countries are allowed to inherit lands in the Philippines. Section 7 of Article XII of the 1987 Constitution expressly provides that save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain. It is clear from said Constitutional provision that aliens are allowed to acquire private lands in the Philippines, but only thru hereditary succession. Moreover, Section 8 of the Constitution provides: "Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private lands, subject to the limitations provided by law." This means that a natural-born citizen of the Philippines, though now an alien, may acquire private lands in the Philippines, subject, however, to limitations provided by law (such as the 5-hectare landownership ceiling under CARL).
Anent your third query, Section 6 of RA 6657 (The Comprehensive Agrarian Reform Law or CARL) provides that every landowner is entitled to retain a maximum area of 5 hectares of his agricultural lands. Any excess thereof is subject to compulsory acquisition by the government thru the DAR for distribution to qualified beneficiaries pursuant to CARL.
The answer to your fourth query is that a child may inherit as much property as the laws on succession allow. However, the area in excess of the 5-hectare limit under CARL will be redistributed to qualified farmer-beneficiaries pursuant to CARL, with the heir receiving compensation therefor.
Anent your fifth query, please be clarified at the outset that the award given to a child pursuant to Section 6 of CARL is not part of retention but is a preferred award, provided he possesses the following qualifications: (1) that he is at least fifteen (15) years of age as of the effectivity of CARL on 15 June 1988; (2) that he has been actually tilling the land or directly managing the farm as of said date; and (3) that he is landless, that is, he owns less than three hectares of agricultural land. Moreover, every person is entitled to own a maximum area of five hectares, including the land inherited. Again, any area in excess of the 5-hectare limit is subject to compulsory acquisition by the government for distribution to qualified-beneficiaries. The aforecited limitation applies, even though the excess emanates from other sources.
Anent your last query, it is believed that a co-owner can transfer her undivided portion of the property owned in common, even prior to the partition thereof, provided that the same falls outside redistribution mandate of CARL. Should said property fall under CAR coverage, the same cannot be transferred to persons other than qualified CARP beneficiaries.
We hope to have clarified matters with you.
Very truly yours,
(SGD.) LORENZO R. REYES
OIC-Undersecretary
LAFMA