September 8, 1999
DAR OPINION NO. 43-99
Ms. MA. CARMELITA Y . ATIENZA
c/o Philippine National Bank
Bangoy Branch
Bonifacio St., Davao City
Dear Ms. Atienza:
This refers to your letter dated 27 April 1999 relative to your earlier letter-query dated 25 February 1999.
Anent queries a, b, c and d, the applicable provision of law and guideline are Section 6 of R.A. No. 6657 and DAR Memorandum Circular No. 4, Series of 1991, entitled: "Guidelines Governing Agricultural Lands Covered by Homestead Patents Pursuant to the Public Land Act (Commonwealth Act No. 141)". DAR's policy as regards Homestead Patents is laid down under Section 6 of R.A. No. 6657 which provides that agricultural lands covered by Homestead Patents shall not be covered under CARP if the following conditions are present:
1. The original homestead grantee or his/her direct compulsory heir still owns the land at the time of the effectivity of R.A. No. 6657 (15 June 1988); and
2. The original homestead grantee, or his/her direct compulsory heirs, was cultivating the land as of 15 June 1988 and continues to cultivate the same. (emphasis and emphasis supplied)
The two (2) abovementioned conditions must concur, otherwise, the homestead will not be exempt from Operation Land Transfer (P.D. No. 27) or CARP coverage (R.A. No. 6657) but the grantee or his/her heir(s) may retain seven (7) or five (5) hectares, as the case may be. Under either, however, the security of tenure of the farmers and farmworkers shall be respected (Section 6, R.A. No. 6657).
In connection with question letter (c), the direct compulsory heir (i.e., the surviving spouse of the original homestead grantee or his children and descendants or illegitimate children whose filiation is duly proved) of the original grantee shall succeed him upon his death provided the abovementioned conditions are present.
With regard to question letter (e), Sections 12 and 76 of R.A. No. 6657 mandated the DAR to determine and fix immediately the lease rentals in accordance with Section 34 of R.A. No. 3844. And with the repeal of Section 35 of R.A. No. 3844, all tenanted agricultural lands (coconut lands, among others, included) are now subject to leasehold. DAR Administrative Order No. 9, Series of 1991, as amended by Administrative Order No. 5, Series of 1993, prescribes the rules and procedures on leasehold operations in tenanted coconut lands.
Anent question letter (f), the terms "exclusion" and "exemption" are used interchangeably, both meaning that the land involved is not within the scope of CARP. They are: those falling under Section 2 of R.A. No. 7881, amending Section 14 of R.A. No. 6657 (Comprehensive Agrarian Reform Law) which, insofar as pertinent, reads:
"Section 2. Section 10 of Republic Act No. 6657 is hereby amended to read as follows:
SECTION 10. Exemptions and Exclusions. —
a) Lands actually, directly and exclusively used for parks, wildlife, forest reserves, reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves shall be exempt from the coverage of this Act.
b) Private lands actually, directly and exclusively used for prawn farms and fishponds shall be exempt from the coverage of this Act: Provided, That said prawn farms and fishponds have not been distributed and Certificate of Land Ownership Award (CLOA) issued to agrarian reform beneficiaries under the Comprehensive Agrarian Reform Program.
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c) Lands actually, directly and exclusively used and found to be necessary for national defense, school sites and campuses, including experimental farm stations operated by public or private schools for educational purposes, seeds and seedlings research and pilot production center, church sites and convents appurtenant thereto, communal burial grounds and cemeteries, penal colonies and penal farms actually worked by the inmates, government and private research and quarantine centers and all lands with eighteen percent (18%) slope and over, except those already developed shall be exempt from the coverage of this Act."
Likewise, the following lands are not covered by CARP:
a) those which are not suitable for agriculture, and those which are classified as mineral, forest, residential, commercial or industrial land;
b) those which have been classified and approved as non-agricultural prior to 15 June 1988 as ruled under Department of Justice Opinion No. 44, Series of 1990;
c) those which are devoted to poultry, swine, or livestock raising as of June 15, 1988 pursuant to the Supreme Court ruling in Luz Farms vs. The Honorable Secretary of Agrarian Reform (G.R. No. 86889, 4 December 1990); and
d) those which are retained by the landowner (not covered insofar as land acquisition and distribution but covered with respect to other provisions of agrarian laws, particularly leasehold).
In view of the foregoing, landholdings which fall under the category of any of the above-enumerated lands may be declared exempt from CARP coverage upon proper application thereof and determination by the DAR, on the merits, pursuant to existing agrarian laws, rules and regulations.
Thank you.
Very truly yours,
(SGD.) DANILO T. LARA
Undersecretary for Legal Affairs, and Policy and Planning