June 10, 1998
DAR OPINION NO. 68-98
ROLANDO A. SAQUITAN
Blk. 12, Lot 14, M. Alvarez Ave.,
Metrocor Homes-Area B, Talon V
Las Pinas, Metro Manila
Dear Mr. Saquitan:
This refers to your letter dated 16 March 1998 requesting for an advice relative to the property left by your grandfather Emilio A. Saquitan which is covered by an Emancipation Patent (EP), with the following queries, quote: "Now that my grandfather is dead, will the property be divided by the 9 children or only by the 4 children who are the persons cultivating the land. Do we need any clearance from the DAR if the property is subdivided to the children?"
You state that Emilio Saquitan is a recipient of Emancipation Patent No. 508685 covering an area of 2,463 square meters located at Molino, Bacoor, Cavite; that said Emilio Saquitan died last February 23, 1998 and left nine (9) children; and that your father Pablito together with his brothers Ernesto, Federico and Rodolfo are cultivating the subject property.
It is noted that you failed to attach the copy of EP No. 508685 as you stated. It is also observed that you failed to state some material information needed to aid us in judiciously acting on your request, such as the following: 1) whether or not the land has been fully paid by the beneficiary; 2) whether or not the decedent-beneficiary is survived by his spouse; and 3) whether or not the EP is registered.
Article 777 of the New Civil Code (NCC) provides that rights to the succession are transmitted from the moment of death of the decedent. Moreover, Article 887, NCC as amended by Art. 175 of the Family Code enumerates the compulsory heirs as follows: the legitimate children and descendants, with respect to their legitimate parents and ascendants; in default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants; the widow or widower; and the illegitimate children.
The aforesaid provisions of law clearly show that the death of a person opens the right to the succession of all his compulsory heirs. In your grandfather's case, all his 9 children (whether they be male or female) are entitled to an equal share from all the properties left by him including the agricultural land covered by subject EP. Nevertheless, since the property subject of your query is an award under Presidential Decree No. 27, the same must be governed by pertinent provisions of said laws, and related policies concerning the death of a tenant-beneficiary.
Under Ministry Memorandum Circular No. 19, Series of 1978, the succession to the farmholding covered by Operation Land Transfer shall be governed by pertinent provisions of the New Civil Code of the Philippines subject to the following limitations:
a) The farmholding shall not be partitioned or fragmented;
b) The ownership and cultivation of the farmholding shall ultimately be consolidated in one heir who is a full-fledged member of a duly recognized farmers' cooperative, capable of personally cultivating the farmholding and willing to assume the obligations and responsibilities of a tenant-beneficiary; and
c) Such owner-cultivator shall compensate the other heirs to the extent of their respective legal interest in the land, subject to the payment of whatever outstanding obligations of the deceased tenant-beneficiary.
The answer to your question as to whether there is a need for a DAR clearance should the subject property be subdivided (or adjudicated) among the compulsory heirs of Emilio Saquitan is in the affirmative. Item II.1 of DAR Administrative Order No. 8, Series of 1995 categorically provides, quote: "lands awarded to ARBs pursuant to either P.D. No. 27 or R.A. No. 6657 may be transferred and registered by the Register of Deeds only after the issuance of a DAR Clearance." The purpose of said DAR clearance is to ensure that the productivity of awarded lands is maintained and to foreclose possible circumvention of existing agrarian laws, rules and regulations.
Thank you for communicating with us and we hope to have clarified the matters with you.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
OSEC
Doc. No. 98040436