July 3, 1997
DAR OPINION NO. 75-97
Jose Z. Grageda
OIC-PARO
Department of Agrarian Reform
Camarines Provincial Office
San Jose, Pili, Camarines Sur
Dear PARO Grageda:
This has reference to your letter seeking opinion relative to the coverage of a 62.1363 hectare agricultural land situated at Brgy. San Roque, Mercedes, Camarines Norte, but was subsequently developed into fishpond.
You state that the subject property is covered by Transfer Certificate of Title (TCT) Nos. 12753, 125754, 12755 and 12756 registered in the name of Victor M. Orendain, Jr.; that despite the agricultural nature of the said property the same was converted into fishpond by a group of farmers; that these farmers organized a cooperative known as Mercedes Small Fishpond Operators Cooperative, Incorporated (MESFOCI); that the farmers alleged that they developed the area into fishpond after it was abandoned by the landowner; and that to their surprise they were ordered to vacate the premises when they were about to reap the fruits of their labor by way of the filing of a forcible entry case against them before the Municipal Trial Court of Mercedes, Camarines Norte.
We regret to inform you that your request for the immediate acquisition of the subject property cannot be granted at this stage. While Section 16 of R. A. No. 6657 (Comprehensive Agrarian Reform Law) in particular mandates the acquisition of private agricultural lands for distribution to qualified-beneficiaries, the same is not encompassing so as to include properties the very basis of their exemption from CARP coverage is currently the subject of a Petition for Review on Certiorari before the Supreme Court.
It is noteworthy to state that the constitutionality of R.A. No. 7881, which amends R. A. No. 6657, exempting fishpond and prawn farms from CARP coverage was raised before the Supreme Court by Sentro Para sa Tunay na Repormang Agraryo (SENTRA) Foundation through a Petition for Certiorari and Prohibition with Application for Temporary Restraining Order and/or Preliminary Injunction. Corollarily, on 13 November 1995, the Supreme Court (First Division) issued a Resolution granting the prayer of Petitioners SENTRA et al. for a Temporary Restraining Order suspending the implementation of Sections 1, 2 and 3 of R.A. No. 7881 and DAR Administrative Order No. 3, Series of 1995 insofar as they exempt fishpond and prawn farms from the coverage of CARL, which was the basis for the issuance of DAR Memorandum Circular No. 27, Series of 1995.
Moreover, even granting that the herein issue of ejectment is entirely unrelated to the issue of coverage, nonetheless, R. A. No. 7881 cannot be the source of any right neither can it create any obligation at this stage pending the resolution of the Supreme Court on the aforementioned constitutional issue.
Please be guided accordingly.
Very truly yours,
(SGD. ) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
Dir. Percival C. Dalugdug
Department of Agrarian Reform
Regional Office No. 5
Lakandula Drive, Gogon
Legazpi City
Atty. Marcelino Jornales
Asst. Director for Operations
Department of Agrarian Reform
Region 5, Lakandula Drive
Gogon, Legazpi City
The PARO
Department of Agrarian Reform
Provincial Office
Basud, Camarines Norte
Mr. Antonio Ibita
Mercedes Small Fishpond Operators Coop. Inc.
San Roque, Mercedes, Camarines Norte