August 23, 1995

DAR OPINION NO. 43-95

Mr. Santos Nelson C. Cardos, Jr.

060 Bougainvillea Street

Morales Subdivision

Brgy. City Heights

General Santos City

Sir:

Anent your letter claiming royalty for authorship of the Comprehensive Agrarian Reform Law (CARL), please be informed that under the Administrative Code of the Philippines, the power and authority to create laws is lodged in Congress. This is the legislative power, which is the power of lawmaking, framing and enactment of laws and is effected through the adoption of a bill, or a proposed or projected law introduced by any member of the House of Representatives or the Senate which, once approved, becomes the law of the state. CARL is thus the written will of the Philippine Legislature. Hence, although we note your assertion that you authored some documents which, as you state, became the basis for CARL, you cannot legally claim authorship of said law. It follows that your claim for royalty is not legally tenable.

Very truly yours,

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

Copy furnished:

Sec. Roberto S. Sebastian

Department of Agriculture

Elliptical Road, Diliman

Quezon City

OSEC

Doc. No. 95080175