June 26, 1995

DAR OPINION NO. 27-95

PARO PAULINO R. TUDLASAN, JR.

DAR, Tagbilaran City

Dear PARO Tudlasan:

This answers the following queries raised by you,  to wit:

1.         Can a farmer-beneficiary be awarded an area in excess of the three-hectare award ceiling fixed in Section 25 of RA 6657?

2.         Will DAR Administrative Order No. 3 Series of 1985 allowing an additional 10% on top of the 3/5-hectare limits in PD 27 apply to lands covered under RA 6657?

After a careful deliberation, the DAR Management has decided to treat matters of such nature on a case-to-case basis. This means that we shall, as much as possible, follow the rule laid down in Section 23 of CARL that no qualified beneficiary may own more than three (3) hectares of agricultural land. A farmer-beneficiary may, however, be awarded an area in excess of the 3-hectare award ceiling only if the excess is negligible (such as the .0975 and .0099 hectare examples in your letter) and it would be technically and administratively impractical to allocate the same to another.

Please be guided accordingly.

Very truly yours,

(SGD.) HECTOR D. SOLIMAN
Assistant Secretary Legal Affairs Office