July 3, 1997

DAR OPINION NO. 73-97

Engr. Felix B. Aguhob

OIC-PARO

Department of Agrarian Reform

Vamenta Blvd., Carmen

Cagayan de Oro City

Dear PARO Aguhob:

This has reference to your letter dated 16 May 1997 seeking clarification on whether the term "Government" as used in Section 27 of R.A. No. 6657 (Comprehensive Agrarian Reform Law) likewise includes local government units?

A careful scrutiny of Section 27 of R. A. No. 6657 on transferability of awarded lands readily reveals that the term "Government" is not to be accorded a narrow or restrictive interpretation so as to confine its application solely to the national government through the Department of Agrarian Reform. Accordingly, local government units including other government agencies are likewise deemed included in the term "Government". This is so provided, however, that the agricultural nature and productivity of the land should be maintained, and the sale, transfer or conveyance to the local government units and other government agencies should not be for the purpose of converting said land to non-agricultural uses for circumvention is strongly abhorred, and any change in the nature of its use shall not be allowed except with the approval of the DAR under its rules on conversion or exemption.

Please be guided accordingly.

Very truly yours,

(SGD.) ARTEMIO A. ADASA, JR.

Undersecretary for Legal Affairs, and Policy and Planning