February 10, 1994
DAR OPINION NO. 10-94
Ms. Alicia S. Javier
Secretary
Provincial Board of Bulacan
Malolos, Bulacan
Madam:
This has reference to Resolution No. 246 of the Provincial Board of Bulacan requesting the exemption from Executive Order Nos. 407 & 448 of all lands occupied by the agricultural schools in Bulacan as well as throughout the country.
This resolution was triggered by the serious problem on squatting within the school site presented by Mr. Lorenzo S. Anarcon, Vocational Schools Superintendent of Bulacan National Agricultural School in San Ildefonso, Bulacan. The area occupied by squatters are duly reserved for the pursuit of agricultural research and experimental projects of the students.
Please be informed that under Section 10 of R.A. 6657, lands actually, directly and exclusively used and found to be necessary for "school sites and campuses including experimenetal farm stations operated by public or private schools for educational purposes" are exempt from the coverage of said Act. Moreover, in the similar cases of Cruz na Ligas Farmers Group v. University of the Philippines et al. (G.R. No. 107622, 8 Dec. 1992) and Central Mindanao University v. DARAB, et al. (G. R. No. 100091, 21 Oct. 1991), the Supreme Court declared the agricultural lands owned by the schools involved as exempt from CARL coverage pursuant to Section 10 thereof and held that the DAR Adjudication Board has no jurisdiction to determine what lands are necessary for use by the schools as they are "in the best position to resolve and answer the question and pass upon the problem of its needs in relation to its avowed objective for which the land was given to it by the State".
From the foregoing, it is clear that the subject properties are exempted from CARL coverage under Section 10 of R.A. 6657, hence, outside the jurisdiction of DAR. Consequently, the exemption being sought is no longer necessary.
We hope we have clarified matters for you.
Very truly yours,
(SGD.) ERNESTO D. GARILAO
Secretary
Copy furnished:
Vicente A. Galang
Presidential Staff Director
Malacañang, Manila