January 14, 1998

DAR OPINION NO. 07-98

Mrs. Rosario T . Fabriquer

Odiongan, Romblon

Dear Mrs. Fabriquer:

This has reference to your letter to Senator Alberto Romulo dated 20 May 1997 which was indorsed to our Office for appropriate action regarding your request for exemption of Veterans from the Comprehensive Agrarian Reform Program (CARP).

We wish to inform you that under Section 2 of R.A. No. 7881 amending Section 10 of R.A. No. 6657 (Comprehensive Agrarian Reform Law), it enumerates lands which are exempt from the coverage of CARP, quote:

"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 Acts.

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 Land Ownership Award (CLOA) issued to agrarian reform beneficiaries under the Comprehensive Agrarian Reform Program.

xxx                      xxx                      xxx

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 on 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 provisions, particularly leasehold).

In view of the foregoing, if your landholding falls under the category of any of the above-enumerated lands, the same shall be exempt from CARP coverage upon proper application and determination by the DAR pursuant to existing agrarian laws, rules and regulations.

We find no application however in your case (unless you are deemed landless) the provisions of Section 7 of Article XVI of the Constitution, Section 40 (6) of R.A. No. 6657 and Administrative Order No. 3, Series of 1997 which state, to wit; "landless war veterans and veterans military campaigns, their surviving spouses and orphans, retirees of the armed Forces of the Philippines (AFP) and the Integrated National Police (INP, now PNP), returnees, surrenderees, and similar beneficiaries shall be considered in the disposition of agricultural lands of the public domain". It bears stressing here that this privilege is applicable only to landless war veterans and their surviving spouses and orphans, among others enumerated above, but not to those who are already owners of private agricultural lands. Simply stated, what is contemplated under the aforequoted provision of law in the disposition of agricultural lands of the public domain are not those who are veterans, returnees or surrenderees per se, but those who are landless among them.

We hope to have clarified he matters with you.

Very truly yours,

(SGD.) ARTEMIO A. ADASA, JR.

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

Senator Alberto G. Romulo

Republic of the Philippines

Senate, Manila