December 23, 1999

DAR OPINION NO. 85-99

ERNESTO LABRADOR

Pag-asa Samahang Nayon

YCM Compound, Mahabang Parang

Angono, Rizal

Dear Mr. Labrador:

This refers to your Memorandum dated 09 March 1999 concerning the Memorandum dated 25 November 1998 (DAR Opinion No. 2, Series of 1999) addressed to Hon. Conrado S. Navarro, Undersecretary for field Operations and Support Services.

We have seriously considered your views on the 10-year time frame provided in Section 5 of R.A. No. 6657 (Comprehensive Agrarian Reform Law) but well accepted is the rule that provisions as to time are generally construed as directory if there are, as herein, no negative words restraining the doing of the act afterwards (Philippine Association of Free Labor Unions vs. Sec. of Labor, 27 SCRA 40). Besides, Department of Justice (DOJ) Opinion No. 9, Series of 1997 (copy attached) had already put this issue to rest declaring that the schedule of CARP implementation is merely directory rather than mandatory.

Thank you.

Very truly yours,

(SGD.) FEDERICO A. POBLETE

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

Hon. Conrado S. Navarro

Undersecretary, FOSSO

This Department