February 4, 1994
DAR OPINION NO. 06-94
Mr. Elias L. Rivera, Jr.
Barangay Maunlad, Real
Quezon
Dear Mr. Rivera,
This has reference to your letter of 16 December 1993 suggesting that DAR file a case questioning the constitutionality of the UP Land grant Law of 1930 (PL-3608). It is your position the undeveloped areas included in the Grant are covered by the automatic reversion clause contained in Section 5 of said law and are open for resettlement and disposition in accordance with the Public Land Act.
A scrutiny of Sec. 5 of PL 3608 reveals that the automatic reversion referred to can only take place when to conditions are present:1) the property covered by the grant has been deeded, conveyed and transferred to the U. P. in accordance with said law, which means that title over the property has been issued in favor of U. P.; and 2) ten years have elapsed from the date the property was transferred without its being developed, cultivated, leased or otherwise disposed of. Since no title over the property has as yet been issued to the UP, there is no reversion to speak of which will open the land for resettlement and disposition in accordance with the Public Land Act. This concurs with the position of then Minister of Natural Resources Fulgencio Factoran in his letter to DAR dated 21 October 1987.
Moreover, under Section 4 of RA 6657, CARL covers "all public and private agricultural lands as provided in Proclamation No. 131 and Executive Order No. 229, including other lands of the public domain suitable for agriculture". This necessarily includes those areas suitable for agriculture covered by the UP Land Grant Law which the University has neither developed nor shown to be necessary for its use to enable it to "fulfill its avowed objectives fully as a state university".
Since the DAR has a clear mandate under CARL to redistribute these lands to qualified beneficiaries, we find no need to file a case questioning the constitutionality of the Land Grant law. Neither do we find any legal basis for DAR to file said case.
We hope we have clarified matters for you.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary
Legal Affairs Office