January 7, 1999

DAR OPINION NO. 02-99

MEMORANDUM

FOR             :      UNDERSECRETARY CONRADO S. NAVARRO
                                     Field Operations and Support Services Office
                                     This Department

SUBJECT    :        Coverage of Vicente Madrigal Properties Situated at Barangay Pantok, Binangonan,
                            Rizal 

DATE           :        25 November 1998

This refers to the request of the members of Pag-asa Samahang Nayon, Inc., Binangonan, Rizal to continue the coverage process of the subject properties embraced under Transfer Certificates of Title Nos. 177626 and 34350 under the Comprehensive Agrarian Reform Program (CARP). The said properties are allegedly part of the landholdings of Rizal Cement Corporation, Inc., which has a pending application for exemption at DARCO-CLUPPI-2. You hold the position that pending issuance by the Bureau of Mines of certified true copies of the subject mining permits and the completion of other documentary requirements, and in the absence of an injunctive relief issued by courts or tribunals of competent jurisdiction, CARP implementation may proceed notwithstanding the pendency of action for exemption, conversion and/or protest against their coverage.

While we subscribe to your view that the acquisition of agricultural lands for distribution to qualified beneficiaries pursuant to Section 4 of Republic Act No. 6657 (Comprehensive Agrarian Reform Law) should not be hampered by any pending application for exemption, conversion and/or protest against their coverage so as to give substance to the declared mandate of the law: "for the farmers and regular farmworkers who are landless, to own directly or collectively the land they till or, in the case of other farm-workers, to receive a just share of the fruits thereof" and "the need to distribute lands to the tillers at the earliest practicable time" (Section 2, paragraph 3 and Section 7, paragraph 5 of R.A. No. 6657), the same is not without limitations.

After a careful evaluation of the consequences that may arise therefrom, it is deemed wise and prudent to resolve first the pending petition for exemption filed by Rizal Cement Corporation, Inc., before proceeding to the coverage of the landholding in issue to avoid possible absurdity where the property subject of the request might later on be declared as exempt from CARP coverage. This policy procedure aims to prevent the government from probable wastage of time, effort and resources incident to the coverage.

Hence, the coverage process should momentarily be deferred to give way to the resolution of the pending application for exemption/exclusion. In order not to unduly prejudice the members of the Pag-asa Samahang Nayon, however, the resolution of the subject application should be directed and rendered the soonest.

Please be guided accordingly.

(SGD.) DANILO T. LARA

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

Dir. Eugenio B. Bernardo

DAR — Region IV

E. Rodriguez Memorial Building

Capitol Compound, Pasig City

PARO Aurelio T. Leyesa

DAR — Provincial Office

Teresa, Rizal

The Municipal Agrarian Reform Officer

DAR — Municipal Office

Binangonan, Rizal

Ms. Angelina Abiera

Member, Pag-asa Samahang Nayon

YCM Cpd., Mahabang Parang

Angono, Rizal

CLUPPI-2 Secretariat

DAR Planning Service