June 27, 1995

DAR OPINION NO. 29-95

MEMORANDUM

FOR             :     JOSE NOEL D. OLANO
                               Undersecretary for Field Operations and Support Services

SUBJECT    :     Legal Implications of the Authority of Local Government Units to Reclassify                       Agricultural Lands

The authority of Local Government Units to reclassify agricultural lands does not cover those subjected to acquisition and redistribution to qualified farmer-beneficiaries pursuant to CARL. This is expressly provided in the following:

(1)       Paragraph (a) Section 20 of RA 7160 (The Local Government Code) which clearly provides that nothing in said Section shall be construed as repealing, amending or modifying in any manner the provisions of R.A. No. 6657;

(2)       Article 39(b) of Rule VII of the Implementing Rules and Regulations of the Code which provides that agricultural lands distributed to agrarian reform beneficiaries pursuant to Republic Act 6657 shall not be affected by the reclassification.

(3)       Section 1(d) nos. 1 and 2 of Memorandum Circular No. 54 dated June 8, 1993 of the Office of the President which provides that agricultural lands distributed to agrarian reform beneficiaries as well as those already issued a notice of coverage or voluntarily offered for coverage under CARL shall not be covered by the reclassification made by LGUs.

It is clear from the foregoing that agricultural lands subjected to acquisition and redistribution under CARL are excluded from the reclassification which LGUs may authorize by ordinance.

In the specific case of Medellin, Cebu, the properties involved have already been subjected to compulsory, acquisition pursuant to CARL, hence the same are not subject to reclassification by the Local Government Units.

It appears that the request for certification of non-tenancy from the MARO is premised on the erroneous presumption that if the property is untenanted, it will no longer be subject to redistribution under CARL, and may therefore be reclassified by the LGU. The fact, however, is that redistribution of agricultural lands is mandated, regardless of tenurial arrangement (as expressly provided in Sec. 4 of CARL). This means that although the property may be untenanted, it will nevertheless be subject of redistribution under CARL. The certification of non-tenancy would not make any difference insofar as CARL coverage of the property is concerned, hence, even if the MARO issued a Certification to that effect, the ordinance could not be legally effective vis-a-vis the lands falling under CARL coverage.

(SGD.) HECTOR D. SOLIMAN
Assistant Secretary Legal Affairs Office

Copy furnished:

Usec Jose C. Medina, Jr.

Hon. Manreza P. Lim

Municipal Vice Mayor

Medellin, Cebu

Mr. Giovanni Angelo C. Desabelle

Acting Secretary

Office of the Sangguniang Bayan

Medellin, Cebu

PARO Buenaventura E. Pomida

DAR, Cebu City

MARO Leticia C. Decena

DAR, Medellin, Cebu