December 23, 1999

DAR OPINION NO. 84-99

MEMORANDUM

TO                :     WILMER T. ANDOY, SR.
                           Legal Officer III
                           DAR Provincial Office, Kidapawan City

SUBJECT     :    Re: Query on Whether or Not the Landowner Can Cut Down the Rubber Trees in the
                           Landholding Subject of Coverage Under CARP

The query posed is in connection with the land planted with rubber trees comprising an area of seventy four (74) hectares, more or less, located at Kinudal, Matalam, Cotabato owned by one Imelda Gemora who, allegedly, is cutting down productive and unproductive rubber trees for lumber purposes. The issue here is whether or not the landowner can cut said trees notwithstanding the fact that the rubber plantation had already been subjected for coverage under the Comprehensive Agrarian Reform Program (CARP).

Under the above facts and circumstances, the landowner may no longer exercise said right over the property in issue as the same is now technically transferred to the government through the DAR for distribution to qualified beneficiaries under the CARP. In this regard, the PARO and the legal officer concerned is advised to take the initiative to personally convince the landowner to stop cutting the rubber trees as this act is in effect a violation of law. If such effort remains unheeded, then the recourse should be to legally restrain the landowner from committing further the unlawful act by filing are injunction case the proper forum.

Parenthetically, although the landowner may retain his share in the standing crops unharvested at the time the DAR shall take possession of the land and is given reasonable time to harvest the same, standing crops refer only to the harvestable agricultural produce or a portion thereof (e.g., fruits, sap, root) (Section 3 (o) of DAR Administrative Order No. 9, Series of 1998). Accordingly, only the sap of the rubber trees may be harvest but not the trees themselves.

Please be guided accordingly.

(SGD.) FEDERICO A. POBLETE

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

PARO Victor Cubita

DAR Provincial Office

Kidapawan, Cotabato

Leopoldo T. Torrijos

Legal Officer I

DAR Provincial Office

Matalam, Cotabato