November 14, 2003
DAR OPINION NO. 22-03
PARO Victor C. Cubita
DAR Provincial Office
Digos, Davao del Sur
Dear PARO Cubita:
This refers to your letter-request for legal opinion dated 04 September 2003 regarding the interpretation of Section 25 of Republic Act No. 6657 — Award Ceilings for Beneficiaries. cSCTID
You stated that you are of the opinion that the phrase "not exceeding three (3) hectares" to be awarded to the beneficiaries is not a hard and fast rule; that the word "more or less" implies that the area of the land would either increase or decrease; that it would still be valid provided the increase or decrease does not exceed 1/10th of the land area; and that the excess area of 2,064 square meters of the said land is well within the 1/10th excess of the 3-hectare award ceiling.
Pertinent to your query are the following provisions of Republic Act No. 6657 and DAR Opinion No. 27, Series of 1995, quote:
Sections 23 and 25 (1st paragraph) of R.A. No. 6657 (Comprehensive Agrarian Reform Law):
"SECTION 23. Distribution Limit. — No qualified beneficiary may own more than three (3) hectares of agricultural land.
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SECTION 25. Award Ceiling for Beneficiaries. — Beneficiaries shall be awarded an area not exceeding three (3) hectares, which may cover a contiguous tract of land or several parcels of land cumulated up to the prescribed award limits."
DAR Opinion No. 27, Series of 1995:
"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." (emphasis supplied)
It can be gleaned from the aforecited provisions of R.A. No. 6657 and DAR Opinion that in no case shall the award ceiling for beneficiaries be more than three (3) hectares. Exception may be allowed only if the excess is negligible and it would be technically and administratively impractical to allocate the same to another. In the case at hand, however, the excess of 2,064 square meters may no longer be negligible because such area may still be practically allocated or awarded to the alleged FB's son or daughter, if qualified following the policy guideline provided for in Item II.1 of Ministry Administrative Order No. 03 Series of 1985 (Policy Guidelines to Govern the Disposition of Farmlots Containing Areas in Excess of That Prescribed for Economic Family-Size Farms) which may find relative application in the instant case:
"II. Disposition of Excess Area
The excess area shall be reallocated in accordance with the following order of preference:
1. Immediate member of the FB's family capable of personally cultivating the land
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This opinion is rendered on the basis of the facts presented. However, if upon investigation it will be disclosed that the facts are different, then this opinion shall be considered null and void.
We hope to have clarified the matter.
Very truly yours,
(SGD.) RICARDO S. ARLANZA
Undersecretary for Policy, Planning and
Legal Affairs Office