December 13, 1996
DAR OPINION NO. 117-96
Mr. Eduardo L. Sagbigsal
Chairman
Lawa Workers Multipurpose
Cooperative, Inc.
Lawa, Don Marcelino
Davao del Sur
Dear Chairman Sagbigsal:
This has reference to the queries in your letter dated July 6, 1995, to wit: 1) whether as CARP beneficiaries you can relinquish your farmlots to a local government unit by way of sale or any other conveyance before the lapse of the 10-year prohibitory period under CARL; 2) whether the local government unit can file expropriation proceedings on said land in the event that you will not relinquish any portion of the subject landholdings; and 3) if expropriation is possible, the remedies or rights available to you as CARP beneficiaries.
You state that your Cooperative, the Lawa Workers Multipurpose Cooperative Inc. (LWMCI) composed of 106 members, are the beneficiaries of a 318-hectare land under CARP; that the land was totally turned over to LWMCI on September 10, 1993; that the members have since been actively tilling the land and thru their collective efforts and support have developed the area, religiously paying their amortization with the Land Bank of the Philippines (LBP) Digos, Davao Branch. The Municipal Government, thru the Mayor, has expressed its interest in buying 20 hectares at said property, but the 106 members of the Cooperative refused because the land is agricultural and the area eyed for acquisition by the local government is the most productive, as certified by the Department of Agriculture, and also because they believe that the sale is against CARL (specifically Sections 27 and 65).
Anent your first query, please be informed that as CARP beneficiaries you cannot legally transfer in favor of the local government any portion of the landholding acquired pursuant to CARL within a period of 10 years. This is clearly provided in Section 27 of RA 6657. Although the transfer in favor of the government is one of the exceptions to the prohibition against transfer within 10 years from award found in said Section 27, the transfer contemplated is that which will maintain the use of the land for agricultural production pursuant to the Comprehensive Agrarian Reform Program. It follows that any transfer in favor of the government within the 10-year prohibitory period for a purpose other than that contemplated is not allowed and this was expressly enunciated in DAR Administrative Order No. 8, Series of 1995 (copy enclosed).
Anent your second query, it is submitted that although we cannot prevent the Municipal Government of Don Marcelino from filing a case for expropriation, we believe that the award of the farmlots in your favor, having been made pursuant to the Comprehensive Agrarian Reform Program of the government, holds precedence over the expropriation thereof by the local government. Besides, local government units have no inherent power of eminent domain and can exercise it only when expressly authorized by the legislature. Such power being merely delegated must be clearly expressed, either in the law conferring the power or in other legislations (Province of Camarines Sur vs. Court of Appeals, 222 SCRA 173).
As regards your last query, in the event that the local government files expropriation proceedings, we advise that you immediately seek the assistance of a DAR lawyer in your locality so as to protect your rights and interests as CARP beneficiaries.
Thank you for communicating with us and we hope to have enlightened you on the matter.
Very truly yours,
(SGD.) LORENZO R. REYES
OIC-Undersecretary
LAFMA