May 19, 1998
DAR OPINION NO. 59-98
Brother Andrew Gonzalez, FSC
De La Salle University
2401 Taft Avenue
Manila
Dear Brother Andrew:
This has reference to your letter dated 18 April 1998 and previous letters requesting the Department of Agrarian Reform to grant clearance for the purpose of building a road to be used for the conveyance of construction materials and laborers on the site and ultimately for the use by students to access the school.
As culled from your letters, the subject property has an area of fifty (50) hectares situated at Biñan, Laguna owned by De La Salle University; that said property received DAR Conversion Orders in 1996 over the two (2) parcels of lard converted on 21 March 1996 and 22 July 1996, respectively; and that a pre-requisite for the development of the site is the construction of the said road.
After careful consideration, we deem it in order to grant your request. Building the subject road for the above purpose is only incidental and an imperative component of the overall operation of the school, thus, it does not constitute conversion that would require prior DAR Conversion order. This is without prejudice., however, to the rights of farmer-beneficiaries or farmer occupants, if any, who will be affected or displaced thereby, pursuant to existing agrarian laws, rules and regulations.
In addition, said right of way shall likewise be subject to the following conditions:
a) there must be consent in writing by the owners of the affected areas;
b) there must be compensation or indemnity which includes the value of the land occupied and the amount of damage caused to the servient estates;
c) there must be no adequate outlet to a public highway;
d) the right of way must be established at a point least prejudicial to the servient estates; and
e) the construction of right of way should be specifically in area to the purpose intended and subject to the provisions of the Civil Code.
Thank you for communicating with us and please be guided accordingly.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
Eugenio B. Bernardo
DAR-Regional Director
Region IV, Capitol Compound
Pasig City
The Provincial Agrarian Reform Office
Sta, Cruz, Laguna
The Municipal Agrarian Reform Officer
Biñan, Laguna