October 12, 1998
DAR OPINION NO. 100-98
SR. MA. VIZMINDA DUMADAG, LGC
Living The Gospel Community
483-C Remedios Compound
Archbishop Reyes Avenue
Cebu City
Dear Sister Dumadag:
This refers to your letter dated 18 August 1998 seeking for legal opinion/advice on the property owned by Mary's Foundation, a non-stock and non-profit religious corporation, sought to be exempted from Comprehensive Agrarian Reform Program (CARP) coverage.
As culled from your letter together with the documents appended thereto, the subject landholding has an aggregate area of One Hundred Ninety Four Thousand Five Hundred and Thirty (194,530) square meters, more or less, situated in the Municipality of Ipil, Province of Zamboanga del Sur, covered by Transfer Certificate of Title No. T-17597 and registered in the name of Mary's Foundation, Incorporated; that said property is under lease by several lessees for a token rental of Ten Pesos (P10.00) to Twenty Pesos (P20.00) per month purposely to acknowledge your ownership over the subject landholding while the land is under cultivation; that Mary's Foundation as represented by the Living The Gospel Community Sisters has decided to venture in a joint agricultural development project with Bishop Ledesma of Ipil Prelature and likewise has intended to use it as contemplative house of sisters who will provide prayer support for the area; and that all these plans have yet to materialize as they have to wait for future development and possible funding for the intended projects, while the sisters who volunteered for the contemplative house are still meeting their contractual mission assignments in Negros and Mindanao, respectively.
Please be informed that exemption of agricultural lands from CARP coverage pursuant to Section 10 of Republic Act No. 6657 (Comprehensive Agrarian Reform Law or CARL) is not automatic, and it cannot be granted simply on the bare allegations that the subject property could well be accordingly subdivided by the sisters to meet the legal requirements, or is intended for some inchoate agricultural or religious purposes. The rule is that all agricultural lands are covered under R.A. No. 6657 pursuant to Section 4 of said law which provides that the Comprehensive Agrarian Reform Law of 1988 shall cover, regardless of tenurial arrangement and commodity produced, all public and private agricultural lands as provided in Proclamation No. 131 and Executive Order No. 229, including other lands of the public domain suitable for agriculture. Thus, the burden is on the claimant or landowner to prove by clear and convincing evidence that the landholding is exempt from CARP coverage pursuant to Section 10 of said law. Otherwise, the same shall be covered subject to the maximum retention limit or landownership ceiling of five (5) hectares as provided for under Sections 6 and 73 (a) of R.A. No. 6657.
Moreover, DAR Administrative Order No. 13 Series of 1990, as amended by Administrative Order No. 10, Series of 1994 (copies herewith attached) clearly provides that the Municipal Agrarian Reform Office (MARO) of the place where the property is situated shall accept written application for exemption from CARP coverage which shall be accompanied by the following:
• Ownership documents and other muniments of title
• Evidence to support application and convince DAR that the area qualifies for exemption under Section 10, R.A. No. 6657 such as: copy of proclamation, topographic map, sketch map, area development plan, affidavit, certification from relevant government agency, etc.
Upon receipt of the application for exemption, the Municipal Agrarian Reform Officer (MARO) shall conduct, with the assistance of the Barangay Agrarian Reform Council (BARC), an investigation of the land to determine, among others, the ownership, legal status and type of area of the land sought to be exempted. The MARO shall likewise ascertain whether or not the land is actually, directly and exclusively used or necessary for the, purpose stated in the application pursuant to Section 10 of R.A. No. 6657. Thereafter, the Application for Land Exemption Folder (ALEF) shall be transmitted to the Provincial Agrarian Reform Officer (PARO), who shall review and evaluate the ALEF and indicate his comments, findings and recommendations. If ALEF documentation is found in order, he shall forward the same to the DAR Regional Director, otherwise, he shall return the ALEF to the MARO for further action. The Regional Director shall then approve or disapprove the subject application for exemption based on the merits thereof.
Thank you for communicating with us and we hope to have clarified the matter with you.
Very truly yours,
(SGD.) DANILO T. LARA
Undersecretary for Legal Affairs, and Policy and Planning