February 9, 1999
DAR OPINION NO. 10-99
JULIAN AMADOR
Assistant Director
Environmental Management Bureau
Department of Environment and Natural Resources
Topaz Building, 99-101 Kamias Road
Quezon City
Dear Asst. Director Amador:
This refers to your letter dated 14 October 1998 addressed to DAR Secretary Horacio R. Morales seeking opinion on the effect of the Order of Exemption previously issued by the Department of Agrarian Reform on the application of the Eurasian Company for the issuance of Environmental Compliance Certificate (ECC) on said property.
As culled from your letter, Eurasian Company for Waste and Environment Service (ECWES) has applied for Environmental Compliance Certificate (ECC) with the Environmental Management Bureau of the Department of Environment and Natural Resources (DENR) on a 217 hectare property situated at Sitio Lobo-lobo, Barangay Caluangan, Magallanes, Cavite for their proposed Cavite Sanitary Landfill; that during the review and evaluation of the application, it was discovered that an Order of Exemption/Exclusion dated 28 December 1994 was issued to Lobo-lobo Development Corporation, owner of the project site, by then DAR Regional Director Percival C. Dalugdug on the ground that the area has a slope of more than eighteen percent (18%) and therefore exempt from CARP coverage pursuant to Section 10 of Republic Act No. 6657 (Comprehensive Agrarian Reform Law); and that said corporation offered to voluntarily transfer to the 31 occupants one-hectare farmlot and a residential lot each for free in place of the 70 hectares to be distributed under Compulsory Acquisition.
The Order of Exemption/Exclusion issued by the DAR pursuant to Section 10 of R.A. No. 6657 is an affirmation that the subject property is beyond the purview of CARP coverage over which the DAR has no jurisdiction. It is an administrative declaration that the property in question is not suitable for agricultural purposes which can be compulsorily acquired and distributed by the government thru DAR to qualified beneficiaries.
Pursuant to DAR Administrative Order No. 10, Series of 1994, the Order of Exemption/Exclusion has already become final and executory since, presumably, no appeal has been made to the DAR Secretary within 15 days from receipt thereof. Thus, the same can no longer be reopened for reason of public policy. Equity and justice demands that every controversy must come to an end at some future time. Having been declared as exempt by virtue of an Order of Exemption/Exclusion, the property covered thereby can now be devoted to other purposes.
In all cases, however, 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 (Item II.F, DAR Administrative Order No. 13, Series of 1990).
We hope to have clarified the matter with you and please be guided accordingly.
Very truly yours,
(SGD.) DANILO T. LARA
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
Lobo-Lobo Development Corp.
c/o Atty. Antonio A. Oposa, Jr.
1807 Tower One Cityland 10
Ayala cor. H. V. Dela Costa St.
1200 Makati, Metro Manila
Director Eugenio B. Bernardo
DAR — Region IV
E. Rodriguez Memorial Building
Capitol Compound, Pasig City
PARO Luis Bueno
DAR — Provincial Office
Trece Martirez City
The Municipal Agrarian Reform Officer
DAR — Municipal Office
Magallanes, Cavite