October 1, 1996
DAR OPINION NO. 83-96
The Hon. Municipal Mayor
Sto. Tomas, Davao Del Norte
Dear Honorable Mayor:
This refers to the letter endorsing the following Resolutions passed by the Sangguniang Bayan of Sto. Tomas, Davao Del Norte:
1. Resolution No. 171, Series of 1993 — A Resolution requesting the Honorable Secretary Ernesto D. Garilao of the Department of Agrarian Reform to donate the 2.7 hectares nursery site in Bobongon, Sto. Tomas, Davao to the Municipality of Sto. Tomas for the use of the Municipal Agricultural Development Program; and
2. Resolution No. 172, Series of 1993 — A resolution endorsing the request of the Board of Directors of Sto. Tomas Development Cooperative to the Honorable Secretary Ernesto D. Garilao of the Department of Agrarian Reform to allow the purchase of 10 hectares and lease of 34 hectares of lands by the afore-mentioned cooperative for the construction of the structures and facilities for the Davao Livestock Project.
Anent the request for DAR to donate a 2.7 hectare nursery site, we regret that the same cannot be granted considering that CARP covered lands may only be legally distributed to qualified farmer-beneficiaries, as provided under Section 22 of RA 6657.
Anent the request contained in Resolution No. 172, Section 27 of CARL, explicitly prohibits the transfer of an awarded land or a portion thereof within ten years from award except through hereditary succession or to the government or to the Land Bank of the Philippines or to other qualified beneficiaries. Moreover, the provisions of EO 228 dated July 17, 1987 and DAR Administrative Order No. 8, Series of 1995, when taken together provides that ownership of lands acquired by a farmer-beneficiary may be transferred after full payment of organizations, provided the following shall be observed:
a) That the productivity of the land shall be maintained;
b) That the buyer will not exceed the aggregate landowner ceiling provided by law; and
c) That the ownership ceiling of five (5) hectares shall be imposed.
Applying the aforesaid provisions of law to your request, it is clear that transfer of awarded land is allowed only after full payment of the land amortization and provided the conditions laid down in A.O. 8 (copy attached) are observed.
Very truly yours,
(SGD.) LORENZO R. REYES
OIC-Undersecretary
LAFMA
Copy furnished:
Dir. Gloria J. Fabia
BLAD