March 11, 1994

DAR MEMORANDUM CIRCULAR NO. 04-94

TO                :     All concerned

SUBJECT    :     Clarificatory Guidelines Concerning
                           the Award to Children under Sections
                           6 and 22 of RA 6657

In the implementation of Sections 6 and 22 of RA 6657, providing that three (3) hectares may be awarded to each child of the landowners and be given preference in the distribution of the land of their parents; the following guidelines are hereby promulgated:

Qualification

1.      Children of landowners are entitled to an award of not more that (3) three hectares, provided they are at least 15 years of age and actually tilling the land or directly managing the farms of June 15, 1988.

Directly managing the farm refers to the cultivation of the land through personal supervision under the system of labor administration.

Period to apply

2.      Said application must be filed within a period of thirty (30) days from the date of receipt by the landowner of the Notice of Coverage from the DAR that his landholding is subject to Compulsory Acquisition (CA) or from the date of the Voluntary Offer to Sell (VOS).

However, for those areas for which notices of coverage have already been sent to the landowners, qualified children have at least one (1) year to file an application reckoned from the date of the effectivity of these guidelines. In case of failure of the children to file their application within the specific period, the property shall be distributed to qualified beneficiaries pursuant to Section 22 of RA 6657.

Issuance of CLOA

3.      Certificates of Land Ownership Award (CLOAs) will be issued to each qualified child of the landowner.

Payment to landowners

4.      In view of award being provided to children of landowners pursuant to Section 6 of RA 6657, the obligation of the Land Bank of the Philippines (LBP) to pay the landowners for the land and for the awardee to amortize the property are not applicable, unless the child awardee are tenants in their own right.

In the event that one or more of the landowner's children are tenants pursuant to Section 22 of RA 6657, LBP shall finance the acquisition of the property provided that a tenancy relationship has been established between them (i.e. children and parents) prior to June 15, 1988.

Restrictions

5.      The land shall be utilized for agricultural production and shall be subject to the usual restrictions governing CLOAs.

Procedures for Land Acquisition and Distribution

6.      The procedures for land acquisition and distribution prescribed under A.O. No. 1 (1993), as amended and A.O. No. 10 (1990), not inconsistent with this circular shall be strictly followed.

Effectivity

7.      These guidelines shall take effect ten (10) days after its publication in two newspapers of general circulation pursuant to Section 49 of RA 6657.

Done this 11th day of March, 1994, at Diliman, Quezon City.

(SGD.) ERNESTO D. GARILAO

Secretary