April 15, 1998
DAR OPINION NO. 50-98
ATTY . ALFONSO FLORES
Rm. 205, State Cond. IV
Greenhills, Ortigas
San Juan, Metro Manila
Dear Atty. Flores:
This has reference to your letter dated 17 March 1998 inquiring as to what are the requirements/documents that must be presented as evidence in order to justify the exemption of your landholding on the ground that it has a slope of 18% and over and undeveloped, thus, exempt from CARP coverage pursuant to Section 10 of Republic Act No. 6657 (Comprehensive Agrarian Reform Law); and whether compliance with Administrative Order No. 20 of the Office of the President is also a requirement?
Please be informed that DAR Administrative Order No. 13, Series of 1990 (copy attached) laid down the requirements/documents needed to justify the exemption on the ground that the subject landholding has a slope of 18% and over the undeveloped. Under the aforesaid implementing rules and regulations, it is imperative that a written application for exemption pursuant to Section 10 of R.A. No. 6657 should be filed with the Municipal Agrarian Reform Officer (MARO) of the place where the subject property is situated. Said written application shall be accompanied by the following:
(a) Ownership documents and other muniments of title; and
(b) Evidence to support application and convince DAR that the area qualifies for exemption under Section 10 of R.A. No. 6657, such as: copy of proclamation, topographic map, sketch map, area development plan, affidavit, certification from relevant government agency, etc.
Compliance with Administrative Order No. 20 of the Office of the President (copy attached) is not however a requirement for the exemption of landholdings with a slope of 18% and over and undeveloped. The said implementing guidelines specifically deal with agricultural land use conversion mandating that all irrigated and irrigable lands are non-negotiable for conversion. Said expressed prohibition has nothing to do with the exemption of landholdings pursuant to Section 10 of R.A. No. 6657.
We hope to have clarified the matters with you.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy and Planning