September 1, 2000
DAR OPINION NO. 17-00
Ms. Violeta Forbes
Blk 11 Lot 18 Ilang-Ilang St.
St. Anthony Village
Salitran III Dasmariñas
Cavite
Dear Ms. Forbes:
This refers to your letter-query dated 15 May 2000 on whether or not you may legally purchase a portion (about 20 hectares) of a pastureland which is already exempted from CARP coverage.
While it is admitted that a DAR Order of Exemption signifies that a landholding may not be acquired and distributed under CARP, this does not render, total and absolute, the exemption from the application of the Comprehensive Agrarian Reform Law (CARL). DAR Administrative Order No. 13, series of 1990 provides that "in all cases, the DAR shall conduct a continuing review and verification of exempted lands to ascertain which of the areas declared exempt or which portions thereof are no longer, actually, directly and exclusively used and found necessary for said purpose. If the purpose for the grant of exemption no longer exists, the area or portion involved shall be covered under CARP pursuant to the guidelines on land acquisition and distribution." Accordingly, lands which have already been declared exempt pursuant to a DAR Order may, nonetheless, not be freely acquired or disposed of without a DAR Clearance.
It must be stressed, moreover, that in no case shall one's total agricultural landholdings exceed five (5) hectares, the landownership ceiling prescribed under R.A. No. 6657. This is in consonance with the social justice provision of the Constitution to reduce social and economic inequalities by equitably diffusing wealth for the common good and regulating the acquisition, ownership, use and disposition of property and its increments (Section 1, Rule XIII, Philippine Constitution). Please note that subject exempted land has not ceased to be agricultural.
We hope to have clarified the matter with you.
Very truly yours,
(SGD.) FEDERICO A. POBLETE
Undersecretary for Legal Affairs, and Policy and Planning