December 12, 2000

DAR OPINION NO. 46-00

HONORABLE ANTONIO H. CERILLES

Secretary

Department of Environment and Natural Resources

Visayas Avenue, Diliman

Quezon City

Dear Secretary Cerilles:

This refers to the proposal of your Office to amend Executive Order No. 407, series of 1990, entitled: "Accelerating the Acquisition and Distribution of Agricultural Lands, Pasture Lands, Fishponds, Agro-Forestry Lands and Other Lands of the Public Domain Suitable for Agriculture." The amendment seeks to exclude from the coverage of Executive Order No. 407, series of 1990, as amended, all pasture lands and other lands of the public domain suitable for agriculture subject of cancelled or amended lease agreement, which are mandated for redistribution to CARP beneficiaries pursuant to Section 3 of said law.

Your Office stated that, although pasture areas may consist of small pockets of lands, which may be suitable for agriculture, their utilization for agricultural purposes may further degrade the natural condition of the area and damage whatever remaining vegetation thereon; that it will encourage entry of forest occupants to adjacent areas thinking that the same could be eventually released as alienable and disposable lands; that some of the pasture lands are in transitory stage of forest succession and subjecting them to agricultural uses will prevent them from returning to its original forest cover; that pasture lands and other lands of the public domain form part of the forest lands which, when properly managed and rehabilitated, will prevent soil erosion, preserve biodiversity and increase the environmental and economic benefits that may be derived therefrom; and, that the aforementioned areas can be used more productively by developing same as forest plantation, community based forestry projects, and other forest land use that will ensure sustainable supply of timber and other forest resource.

We consider the foregoing purposes laudable, in fact necessary, but Section 4 of the Comprehensive Agrarian Reform Law (CARL) of 1988 (Rep. Act No. 6657) is explicit in its mandate of coverage, regardless of tenurial arrangement and commodity produced, all public and private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised therein. Moreover, we cannot lose sight of the basic principle of land-to-the-tiller and policy of the State to promote and pursue a Comprehensive Agrarian Reform Program, where the welfare of the landless farmers and farmworkers shall receive the highest consideration to promote social justice (Section 21, Article II, Philippine Constitution and Section 2, R.A. No. 6657).

And, it is worth citing the provisions of Section 6, Article XIII of the Philippine Constitution and the pertinent provision of Section 7 of R.A. No. 6657 relative thereto, quote:

"Section 6.     The State shall apply the principles of agrarian reform or stewardship, whenever applicable in accordance with law, in the disposition or utilization of other natural resources, including lands of the public domain under lease or concession suitable to agriculture, subject to prior rights, homestead rights of small settler, and the rights of indigeneous communities to their ancestral lands "

xxx                      xxx                      xxx

"Section 7.     Priorities. — The DAR, in coordination with the PARC, shall plan and program the acquisition and distribution of all agricultural lands through a period of ten (10) years from the effectivity of this Act. Lands shall be acquired and distributed as follows: . . pasture ad agricultural leases already cultivated and planted to crops in accordance with Section 6, Article XIII of the Constitution." (emphasis supplied)

With regret, therefore, we cannot accede to the proposed amendment. After all, even if redistributed to beneficiaries, the enumerated objectives may still be obtained under a community-based development within the context of the Integrated Social Forestry (ISF) program of your department.

Very truly yours,

(SGD.) FEDERICO A. POBLETE

Undersecretary Legal Affairs, and Policy and Planning

Copy furnished:

OSEC

Doc. No. 00020514