February 15, 1996

DAR OPINION NO. 10-96

Mr. Alfredo G. De Leon

De Leon Brothers Co.

357 Rizal Avenue Extension

Caloocan City

Dear Mr. De Leon:

This is in connection with your letter to the President which was referred to this Office, requesting that you be allowed to withdraw the 1989 VOS covering your 73.8591-hectare farm at Bo. Luna, Claveria, Misamis Oriental. You contend that Republic Act No. 7844 exempts your property from the Comprehensive Agrarian Reform Program, being a corporate farm engaged in export-oriented production.

We regret to inform you that your instant request cannot be granted, considering that your subject property falls squarely within the purview of RA 6657, and that nowhere in RA 7844 is there a provision exempting agricultural lands from CARP coverage.

CARL mandates the acquisition and redistribution to qualified beneficiaries of agricultural lands falling outside the 5-hectare retention of landowners. Said mandate is immediate in the case of lands subject of VOS, like the property in question, because under paragraph 2 Section 7 of CARL, private lands voluntarily offered by the owners for agrarian reform fall under Phase One of CARL implementation. This mandate to immediately redistribute is not amended by RA 7844, as there is no provision in said law to that effect. The coverage under CARL of your property shall therefore be pursued. However, should you desire to avail of the 5-hectare retention granted to landowners, you may do so, but only on that portion of your landholding not yet covered by a Notice of Valuation. We advise that you coordinate with our MARO at Claveria for that purpose.

Very truly yours,

(SGD.) HECTOR D. SOLIMAN

Undersecretary
LAFMA

Copy furnished:

Dir. Rogelio Tamin

Department of Agrarian Reform

Carmen District

Cagayan de Oro City

Engr. Felix B. Aguhob

OIC — PARO II

Department of Agrarian Reform

Carmen, Cagayan de Oro City

MARO Violeta U. Vallejos

DAR, Claveria, Misamis Oriental