December 23, 1996
DAR OPINION NO. 142-96
Miss Josefina L. Cunanan
B. Mayor, Bustos
Bulacan
Dear Ms. Cunanan:
This has reference to your letter requesting for opinion on certain queries posed therein, to wit:
1. Do we have the right to acquire the residential portion of our land?
2. If so, are we entitled to pay the tenant a disturbance compensation considering that the land has become residential pursuant to a law?
3. What law shall apply to a payment of disturbance compensation in which a tenant is entitled for?
4. Under the present situation, do we have the right to build a house therein without violating any provision of the Comprehensive Agrarian Reform Law?
You state that the 2-hectares agricultural land subject of this request has been acquired by you through succession from your mother; that it is located along the national road and is being cultivated by a tenant; that in 1982, a zoning ordinance was passed which was approved by the HLURB declaring as residential all agricultural lands located along the national road and falling within the distance of 80 meters from the highway; that your land is included among those affected by said ordinance. In this regard, you want to know whether you can get the residential portion of the land and leave the agricultural one to the tenant. Hence, this request.
Anent your first and last query, the answer is in the affirmative. Under the Department of Justice Opinion No. 44, Series of 1990, a parcel of land is considered non-agricultural, if it has been classified as residential, commercial, or industrial in the City or Municipal Land Use Plan or Zoning Ordinance approved by the HLURB before 15 June 1988, the date of effectivity of CARL, and therefore beyond the coverage of CARP. However, although the landowner is no longer required to file an application for conversion with the DAR, still he must have to apply for an exemption clearance with the DAR Regional office where the land is located.
As regards your second and third query, Section 7 of RA 6389 (otherwise known as the Code of Agrarian Reform of the Philippines) provides that the agricultural lessees shall be entitled to disturbance compensation equivalent to five times the average of the gross harvests on his landholding during the last five preceding calendar years.
Thank you for communicating with us and we hope to have enlightened you on the matter.
Very truly yours,
Very truly yours,
(SGD.) LORENZO R. REYES
OIC-Undersecretary
LAFMA