January 11, 2000
DAR OPINION NO. 05-00
Atty. Ramon A. Gonzales
5th Floor, J & T Bldg.
Sta. Mesa, Manila
Dear Atty. Gonzales:
This has reference to your letter seeking clarification on whether or not Phase One and Phase Two of the Comprehensive Agrarian Reform Program (CARP) coverage, as outlined under Section 7 (Priorities) of Republic Act No. 6657 has been completed so as to warrant the acquisition of landholdings falling under Phase Three.
A perusal of your letter-query reveals that the landholding subject of your letter request has an aggregate area of 46.0400 hectares, more or less, described as Lot 7128, located at Barangay Quinar-upan, Bingawan, Iloilo; that said property is planted with ipil-ipil, mahogany, bananas and other trees; and that in a letter dated 29 March 1999, MARO Jacinto L. Castro of Bingawan, Iloilo, placed subject landholding under CARP coverage and invited you for a conference on 14 April 1999.
We have seriously considered the Order of Priorities set forth under Section 7 of R.A. No. 6657 and believe that same is merely directory in character. The difference between a mandatory and a directory provision is often determined on grounds of expediency. And where a provision, as herein, embodies a rule of procedure rather than one of substance, the provision as to time will be regarded as directory only notwithstanding the mandatory nature of the language used (Marcelino vs. Cruz, Jr., 121 SCRA 51).
It is true that Section 7 uses the word "shall", which is generally interpreted to be mandatory in character (Guiao vs. Figueroa, 94 Phil. 1022). However, it is also well-recognized that the ordinary acceptation of "shall" and "may" as being obligatory and permissive, respectively, is not an absolute and inflexible criterion (Vda. de Mesa vs. Mencias, 18 SCRA 533). Provisions as to time will generally be construed as directory if there are no negative words restraining the doing of the act afterwards (Phil. Ass'n. of Free Labor Unions vs. Sec. of Labor, 27 SCRA 40). We find none instant.
It may bear further emphasis the fact that a ten-year period (i.e., 3 Phases) of CARP implementation is only a time frame given to the DAR for the acquisition and distribution of public and private agricultural lands covered by R.A. No. 6657. It is a schedule to guide the DAR in setting its priorities, but it is not by any means a limitation of authority in the absence of more categorical language providing to that effect. On the contrary, said schedule may even be disregarded by the Presidential Agrarian Reform Council (PARC) upon recommendation by the Provincial Agrarian Reform Coordinating Committee (PARCCOM) by declaring certain provinces or regions as priority land reform areas. In such cases, the acquisition and distribution of private agricultural lands therein may be implemented ahead of the schedule set forth under Section 7 thereof.
We hope to have clarified the matter with you.
Very truly yours,
(SGD.) WILFREDO A. POBLETE
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
PARO Juan Bolaño Jr.
DAR Provincial Office
Luna St., La Paz
Iloilo City
The Municipal Agrarian Reform Officer
DAR Municipal Office
Bingawan, Iloilo