1997

DAR MEMORANDUM CIRCULAR NO. 32-97

TO                :     All Concerned DAR Officials
                           and Employees

SUBJECT    :     Lifting the Suspension of the
                           Implementation of R.A. No. 7881
                           and its Implementing Rule,
                           Administrative Order No. 3,
                           Series of 1995

            WHEREAS, Republic Act No. 7881, amending certain provisions of R.A. No. 6657, took effect on 12 March 1995, exempting fishponds and prawn farms from the coverage of the CARL;   aTHCSE

            WHEREAS, the SENTRO PARA SA TUNAY NA REPORMANG AGRARYO (SENTRA) et al., has filed before the Supreme Court a petition assailing the constitutionality of Sections 1, 2 and 3 of Republic Act No. 7881, which amended Republic Act No. 6657, and DAR Administrative Order No. 3, Series of 1995;

            WHEREAS, on 17 October 1995, the SENTRO PARA SA TUNAY NA REPORMANG AGRARYO (SENTRA) FOUNDATION, et al., concomitantly filed a Petition for Certiorari and Prohibition with Application for Temporary Restraining Order and/or Preliminary Injunction with the Supreme Court against the Secretary of Agrarian Reform to enjoin and/or restrain the Department of Agrarian Reform from enforcing Sections 1, 2 and 3 of R.A. No. 7881 and its implementing rule, Administrative Order No. 3, Series of 1995, insofar as they exempt fishponds and prawn farms from the coverage of CARL;

            WHEREAS, on 13 November 1995, the Supreme Court (First Division) issued a Resolution granting the prayer of Petitioners, SENTRA, et al., for the issuance of a Temporary Restraining Order (TRO) and enjoining the DAR from enforcing the challenged provisions of R.A. No. 7881 and DAR Administrative Order No. 3, Series of 1995;

            WHEREAS, pursuant to the aforesaid Supreme Court Resolution dated 13 November 1995, DAR issued Memorandum Circular No. 27, Series of 1995 suspending the implementation of R.A. No. 7881 and its implementing rule, DAR A.O. No. 3, Series of 1993;

            WHEREAS, on 31 July 1996, the Supreme Court handed down a Resolution referring the case to the Court of Appeals for proper determination and disposition thereof pursuant to Revised Administrative Circular No. 1-95 dated May 16, 1995;

            WHEREAS, on 7 January 1997, the Court of Appeals promulgated its Decision denying due course and dismissing the Petition of SENTRA; said Court likewise denied SENTRA's Motion for Reconsideration in its Resolution dated 9 July 1997;

            NOW THEREFORE, on the basis of the Court of Appeals Entry of Judgment dated 23 September 1997 certifying that its Decision dated 7 January 1997 has become final and executory on 6 August 1997, this ORDER is hereby issued:   IcAaEH

1.         LIFTING the suspension of the implementation of R.A. No. 7881 and DAR Administrative Order No. 3, Series of 1995;

2.         REVOKING DAR Memorandum Circular No. 27, Series of 1995; and

3.         DIRECTING the resumption of the processing of applications for exemption/exclusion of fishponds and prawn farms pursuant to R.A. No. 7881 and A.O. No. 3, Series of 1995.

            This Circular takes effect immediately and supercedes previous issuances inconsistent thereto.

(SGD.) ERNESTO D. GARILAO

Secretary