February 20, 2002
DAR OPINION NO. 03-02
MR. ELIAS L. RIVERA, JR.
Founding President
Maunlad Agrarian Reform Integrated
Beneficiaries, Inc.
2587 Jesus Ext. St.
Pandacan, Manila
Dear Mr. Rivera:
This refers to your sworn statement dated 17 August 2001, indorsed to us by Justice Milagros A. German, Adviser on Legal Affairs and Senior Special Consultant, DAR, requesting for implementation of the Memorandum of Agreement (MOA) by and between the DENR, U.P. and DAR concerning the UP Land Grant property located in Maunlad, Real, Quezon. aESIDH
The matter had earlier been the subject of DAR Opinion No. 18, series of 1994 dated 13 March 1994 (copy attached), as reiterated in my letter dated 02 August 2001 (copy likewise attached), where the DAR established its position, quote:
"It is clear that subject 1,400 hectare property is part of the public forest. As such, its reclassification to agricultural land cannot be undertaken, in view of the prohibition found in Section 4 (a) of R.A. No. 6657 against the reclassification of forest or mineral lands to agricultural lands until Congress has determined by law the specific limits of the public domain.
In view of the foregoing, coverage of the property under the Integrated Social Forestry Program Comprehensive Agrarian Reform Program, as embodied in the Memorandum of Agreement signed between and among the DENR, U.P. and DAR, should be pursued to its completion." (emphasis supplied)
Given the above, the mutually agreed ISF, now Community-Based Forest Management Program (CBFMP) coverage of subject landholdings, as embodied in the Memorandum of Agreement (MOA) dated 27 December 1990 should now, therefore, be effected under such terms and conditions stipulated in the aforesaid MOA, and, the provisions of DENR Administrative Order No. 96-29 [Rules and Regulations for the Implementation of Executive Order No. 263, Otherwise Known as the Community-Based Forest Management Strategy (CBFMS)] shall govern the coverage.
However, should, in the process, a vested right stands to be adversely affected, considering that pursuant to Article I, Section 5 of DENR Administrative Order No. 96-29, the Community-Based Forest Management Program (CBFMP) is subject to prior vested right, then it behooves upon the implementing agency to have it resolved before full implementation is effected. For the University of the Philippines, the UP Land Grant Law of 1930 shall be the basis of its vested rights, if any.
We hope to have clarified the matter.
Very truly yours,
(SGD.) VIRGILIO R. DE LOS REYES
Undersecretary for Policy, Planning and
Legal Affairs Office
Copy furnished:
Justice Milagros A. German
Adviser on Legal Affairs and
Senior Special Consultant
This Department
PARO Danilo M. Orbase
DAR Provincial Office
Talipan, Pagbilao, Quezon I
The Municipal Agrarian Reform Officer
DAR Municipal Office
Real, Quezon