October 5, 1999

DAR OPINION NO. 51-99

ALEJANDRO M. VILLAMIL

Luzon Colleges, Perez Boulevard

Dagupan City

Dear Atty. Villamil:

This refers to your letter dated 24 May 1999 to the Provincial Agrarian Reform Officer (PARO) Aurelio T. Leyesa regarding your client, Northwest Investor, Inc., relative to its ten (10) hectare agricultural land which was put under the coverage of the Comprehensive Agrarian Reform Program (CARP) pursuant to R.A. No. 6657. You stated that your client objects to the coverage considering that said parcel of land is untenanted and have since been excluded from Operation Land Transfer per Order dated 11 November 1984, issued by then Minister Conrado Estrella. A perusal of the Order referred to, however, reveals that the exemption granted was from Operation Land Transfer (OLT) coverage pursuant to Presidential Decree No. 27. Rightly so since no tenancy relationship existed therein or that the tenants have already abandoned their farmholdings.

But, save only to retention areas, said exemption order is inconsequential under the CARP. Section 4 of R.A. No. 6657 states that " . . . the following lands are covered by the Comprehensive Agrarian Reform Program . . .: d) all private lands devoted to or suitable for agriculture. . . " Put simply, as the property involved is agricultural, its coverage under the CARP, as a rule, cannot be avoided.

Thank you for communicating with us and we hope to have clarified the matter with you.

Very truly yours,

(SGD.) DANILO T. LARA

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

Director Gloria J. Fabia

BLAD

This Department

PARO Aurelio T. Leyesa

DAR-Region IV

Teresa, Rizal

The Municipal Agrarian Reform Officer

DAR Municipal Office

Tanay, Rizal