January 29, 1997

DAR OPINION NO. 13-97

Ms. Adona Orquillas

Coordinator

Ranao Tri-People Movement for

         Genuine Peace and Development

c/o RCJP Office

4th Floor Diocesan Centrum Building

Lluch Street, 9200 Iligan City

Dear Ms. Orquillas:

This has reference to your letter dated November 15, 1996 in reaction to the proposed land use reclassification and CARP suspension in the nine (9) barangays of the City of Iligan as provided for in Resolution No. 768 Series of 1996 of the Sangguniang Panglunsod of Iligan which was duly passed and approved on July 24, 1996.

You state that said resolution is premised on the presumption that the full implementation of the Comprehensive Agrarian Reform Law (CARL) will somehow diminish and decrease the potential land area of Iligan City thereby foreclosing future expansion sites for the realization of vital infrastructure projects; that almost all of the nine barangays concerned are CARPable areas and in fact, two of which are declared Agrarian Reform Communities (ARC); that farmer-beneficiaries of said barangays have long been expecting to acquire ownership/right of the land they till; that Barangays Digloan and Pugaan (declared ARC) need to be prioritized in terms of developmental projects and other essential support services to enhance productivity; but of great dismay, with the move for land use conversion, your local officials can afford to place farmers interests at the back seat to pave the way for infrastructure projects, thereby leaving the farmers in uncertainties.

At the outset, please be clarified that when a certain landholding is brought under the coverage of CARP, such will not diminish nor decrease the land area of the locality within which said landholdings are situated neither will it affect the geographical area of said locality. The net effect of CARP is only on landowners who own property more than the limit setforth in Sec. 6 of R.A. 6657 which is five (5) hectares per landowner. Any excess thereat shall be distributed to all qualified beneficiaries in the order provided in Sec. 22 of the same Act.

As regards the request of the Sangguniang Panglunsod of Iligan City to stay or hold in abeyance the implementation of the CARL in said barangays, said request can not be given due course. The grounds for deferment of CARP coverage have been clearly enshrined in Sec. 11 of R.A. 6657 and the reasons stated in the resolution have no legal basis. It goes without saying that since the subject landholdings are agricultural, CARL shall be implemented in its fullest extent.

Thank you for communicating with us, and we hope to have enlightened you on the matter.

Very truly yours,

(SGD.) ARTEMIO A. ADASA, JR.

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

PARO Mittaman I. Arumpac

DAR, Iligan City

Mr. Rafael Ayunan

Regional Director

Housing and Land Use Regulatory Board

Cotabato City

The Honorable Sangguniang Panglunsod

Iligan City