April 15, 1998
DAR OPINION NO. 48-98
Hon. Glicerio J. Tan
Representative, Peasant Sector
House of Representatives
Constitution Hills
Quezon City
Dear Rep. Tan:
This has reference to your letter dated 06 March 1998 addressed to Secretary Ernesto D. Garilao of the Department of Agrarian Reform asking his comments on the proposed Executive Order establishing the Sloping Agricultural Land Technology (SALT) Farming Program.
The proposed Executive Order is a much welcome development towards the preservation of soil fertility and prevention of possible massive soil erosion brought about by frequent cultivation in the upland areas. Obviously, the proposed legislation evinces your concern on the preservation of the ecological balance as enshrined and guaranteed under the Constitution. It must be noted, however, that under Section 10 of R.A. No. 6657 (Comprehensive Agrarian Reform Law) on exemptions and exclusions, it is expressly provided therein that lands with eighteen percent (18%) slope and over, except those already developed, shall be exempt from the coverage of the Comprehensive Agrarian Reform Program (CARP). This clear and unequivocal declaration is a manifestation that uplands with a slope gradient exceeding 18% as defined in the proposed Executive Order is not exempt from CARP coverage if the same is developed and suitable for agricultural production.
From the foregoing it hereby recommended that the two laws should outrightly be harmonized and reconciled in all material points possibly in the proposed law itself to avoid confusion in the implementation of the said legislation.
Thank you.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
OSEC
Doc. No. 98030273