August 22, 1994
DAR OPINION NO. 60-94
JAVIER P. TIOSECO
The Sigma Realty
Suite 214 Bank of P. I. Bldg.
Aurora Blvd., Cubao
Quezon City
Dear Mr. Tioseco:
This has reference to your letter dated 10 August 1994, requesting clarification regarding the queries posed therein, to wit:
1. Whether or not Lot Nos. 2013; 2023; 2024; 2025 and 2026 per Cadastral Survey of Sta. Rosa, Nueva Ecija with a total area of 1,019,278 square meters are covered by Agrarian Reform.
2. If yes, what are the latest rulings on the properties covered by land reform?
3. Are there exemptions? and
4. What are the list of requirements and the necessary forms?
Anent your first query, please be informed that Section 4 of RA 6657 (the Comprehensive Agrarian Reform Law or CARL) provides that the Comprehensive Agrarian Reform Program covers all public and private agricultural lands, including other lands of the public domain suitable for agriculture. Section 6 of the same law provides that in no case shall retention by the landowner exceed five (5) hectares. Hence, if the lots subject of your letter are agricultural and are under a single ownership, the same shall be acquired and redistributed to qualified farmer-beneficiaries pursuant to CARL, except the five-hectare retention of the landowner. Since it is the Municipal Agrarian Reform Officer of Sta. Rosa, Nueva Ecija who is in the best position to determine coverage of the property under CARL, we advise that you consult him on the matter, supplying other material details such as the name of the landowner and the exact location of the property.
As regards your second query, please specify the subject matter of the ruling you wish to be informed about.
Anent your third query, the exemption and exclusion from CARP coverage are found in Section 10 of CARL, which is quoted as follows:
"SECTION 10. Exemptions and Exclusion. — Lands actually, directly and exclusively used and found to be necessary for parks, wildlife, forest reserves reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves, national defense, school sites and campuses including experimental farm stations operated by public or private schools for educational purposes, seeds and seedlings research and pilot production centers, church sites and convents appurtenant thereto, mosque sites and Islamic centers appurtenant thereto, communal burial grounds and cemeteries, penal colonies and penal farms actually worked by the inmates, government and private research and quarantine centers and all lands with eighteen percent (18%) slope and over, except those already developed shall be exempt from the coverage of this Act."
Anent your last query, an application for exemption, if believed proper, may be filed, including the documents in support of said application. Attached is a copy of DAR Administrative Order No. 10, Series of 1990 as well as DAR A.O. No. 9, Series of 1993 for reference.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary
Legal Affairs Office