December 24, 1998

DAR OPINION NO. 125-98

Mr. Andres Yoro

President

Camarin Village Association

Phase 7 C. Pkg. XI, Block 28 Lot 35

Bagong Silang, Kalookan City

Dear Mr. Yoro:

This refers to your letter dated 21 October 1998 requesting for opinion on whether or not a big tract of pasture land may be acquired under the Comprehensive Agrarian Reform Program (CARP).

As regards your query, it is significant to mention that the CARP covers, regardless of tenurial arrangement and commodity produced, all public and private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised therein (Section 4, R.A. No. 6657). The aforementioned land can therefore be subjected under CARP if it is devoted to or suitable for agriculture.

Under Section 6 of R.A. No. 6657, the landowner may retain a maximum of five (5) hectares and three (3) hectares may be awarded to each child of the landowner subject, however, to the qualifications provided by law. Juridical persons like corporations with separate legal entity may likewise retain five (5) hectares provided the agricultural productivity of the land is maintained and any change in the nature of agricultural lands into non-agricultural use shall not be allowed except with the approval of the DAR under its rules on conversion or exemption.

We find the facts in your query somewhat lacking in material details though for us to reder a more responsive and definite legal opinion. Thus, we will appreciate it if you could furnish us with more specific details regarding your query should you desire to secure a more definitive response.

We hope to have generally clarified the matter with you.

Very truly yours,

(SGD.) DANILO T. LARA

Undersecretary for Legal Affairs, and Policy and Planning