August 24, 1995

DAR OPINION NO. 44-95

Atty. Benjamin D. Tañedo, Jr.

5th Floor, ENZO Building

399 Gil J. Puyat Avenue

Makati City

Dear Atty. Tañedo:

This refers to your letter requesting for opinion relative to the agricultural lands of Hacienda Bigaa, Inc. You state that said lands are used in connection with the raising of cattle and other livestock and as such are exempt from CARP coverage, and that your company is seriously considering the possibility of growing corn for the exclusive use of said livestock. Your query is whether the land that will be used for growing corn to serve as animal feed for your livestock will be covered under CARP.

We wish to clarify at the outset that it is the DAR that has jurisdiction to determine whether or not agricultural lands (such as the lands of Hacienda Bigaa) fall under CARP coverage. Moreover, the determination of the exclusion of a property from CARP coverage on the ground that the same is used for the raising of livestock, poultry and swine-raising is governed by DAR Administrative Order No. 9, Series of 1993 (copy attached for your ready reference). Otherwise stated, it is only upon a DAR finding, pursuant to said guidelines, that a property may be said to be excluded from CARP coverage on said ground.

Anent your query, where there is a previous DAR declaration on the exclusion from CARP coverage of the agricultural lands of Hacienda Bigaa on the finding that they are used for the raising of cattle and other livestock, it is submitted that the subsequent use of a portion thereof to the planting of corn solely for livestock purposes will not bring said area within CARP coverage.

We hope to have clarified matters with you.

Very truly yours,

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

Copy furnished:

OSEC

Doc. No. 95040404