April 15, 1998
DAR OPINION NO. 51-98
MS. MARIA PAZ R. SIAO
c/o Atty. Vidal M. de la Vega
Journal Building, Railroad St.
Port Area, Manila
Dear Ms. Siao:
This refers to your letter dated 19 February 1998 relative to your request for exemption of the 100.00 hectare land situated at Brgy. San Francisco, Gen. Trias, Cavite from the coverage of the Comprehensive Agrarian Reform Law (CARL) as provided for under Section 4 (d), Chapter II thereof.
You state that there was an Order dated September 16, 1992 signed by then DAR Undersecretary Renato D. Padilla which has a clear findings of fact that Director III and Officer-in-charge Conrado L. Gonzales of the Department of Agriculture certified that the land has already ceased to be economically viable and sound for agricultural crops; that as per ocular inspection by RARAD Fe Arche-Manalang on March 23, 1995 (tsn. pp. 1-16, hearing of 3/23/95), the land was found to be: upland, unirrigated and outside the Cavite Irrigation system; that the land has not been devoted to agricultural production as it is already suitable for residential/industrial purposes, being surrounded by Solar Homes on the North; Monterey Farms of San Miguel Corporation on the South; Caritas and Cityland on the East; and by Filinvest Pabahay 2000 on the West (tsn., ocular inspection, 3/25/95); that the land was previously declared exempt from Operation Land Transfer under Presidential Decree No. 27 by virtue of an Order dated September 1, 1986 by then MAR Minister Heherson T. Alvarez; that the land was already classified as industrial as early as February 11, 1981 per HSRC Resolution No. R-42-A-3 per certification (Exh. "R") dated January 10, 1995 and before the effectivity of R.A. No. 6657; that the land was located within two (2) kilometers from Puerto Azul and declared to be within the industrial zone by the Provincial Board of Cavite per Resolution No. 105 dated March 25, 1988 and addendum Resolution No. 125 dated September 8, 1988 (Exh. "20"); that the land was recently declared to be within the new industrial zone of Brgy. San Francisco by the Municipality of Gen. Trias, Cavite; and by reason of the above undeniable facts that the land is no longer suitable for agricultural production, no one, not even those supposed ARBA farmer-beneficiaries ever tilled the land and devote the same for agricultural production.
In reply, we hereby advise that the alleged Order of then Undersecretary Renato D. Padilla dated 16 September 1992 be submitted to the Department of Agrarian Reform together with the other certifications, findings and documents as stated in your letter to substantiate your claim that the property is indeed exempt from CARP coverage. If there is not valid Order of Exemption yet from DAR pursuant to existing agrarian laws, rules and regulations, you will have to apply for exemption and the application shall be accordingly resolved on the merits thereof pursuant to the provisions and legal requirements of Department of Justice Opinion No. 44, Series of 1990, DAR Administrative Order No. 6, Series of 1994 and DAR Memorandum Circular No. 9, Series of 1997.
Please be guided accordingly.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs and Policy and Planning