May 28, 1996
DAR OPINION NO. 23-96
Mr. Alfredo M. Rafanan
Provincial Secretary
Office of the Provincial Board
Butuan City
Dear Mr. Rafanan:
This has reference to your request for clarification regarding the Deeds of Donation executed by JC Agri-Development, Inc. in favor of the Municipalities of Cabadbaran and Tubay, both in Agusan del Norte. Specifically, you seek for DAR opinion on the contention of Atty. Ricardo Gonzales, counsel for said Corporation (expressed during the 1 February 1996 deliberation of the Committee on Laws, Social Justice, Ethics and Good Government) that under DAR Administrative Order No. 1, Series of 1989, all donations made in favor of the government are exempt from the coverage of the Comprehensive Agrarian Reform Program.
We wish to clarify that paragraph II-A-2 of DAR Administrative Order No. 1, Series of 1989 (Rules and Procedures Governing Land Transactions) which provides that transfers of agricultural lands made in favor of the government, DAR or the Land Bank of the Philippines are valid, does not cover all transactions made in favor of the government but refers only to those transactions made for agrarian reform purposes, that is, those transfers which are in pursuance of the land redistribution program of the government.
Republic Act No. 6657 (The Comprehensive Agrarian Reform Law or CARL) mandates the redistribution in favor of qualified agrarian reform beneficiaries of all lands devoted to or suitable for agriculture. Moreover, the last paragraph of Section 6 of RA 6657 provides that upon its effectivity on 15 June 1988, the sale, disposition, lease, management contract or transfer of possession of private lands executed by the original landowner in violation of said law shall be null and void. It therefore stands to reason that those lands falling under the land redistribution program of the government cannot be legally transferred except in favor of qualified CARP beneficiaries.
With specific reference to the subject Deeds of Donation executed by JC Agri-Development Corporation, please find attached herewith our November 1995 Memorandum to Director Rogelio Tamin, DAR Region X, wherein we opined that since the lands covered by the donation fall squarely under CARP coverage, the transfer is null and void and that the CARP coverage of the properties involved should be pursued.
We hope to have clarified the matter with you.
Very truly yours,
(SGD.) LORENZO R. REYES
OIC-Undersecretary
LAFMA
Copy furnished:
Mayor Rosario M. Amante
Cabadbaran, Agusan del Norte
Mayor Fidel S. Garcia, Jr.
Tubay, Agusan del Norte
Mr. Alberto M. Soriano
JC Agri Development, Inc.
AMS Compound
F. Torres St., Davao City
PARO Antonio Menor
DARPO, Agusan del Norte
Director Gloria J. Fabia
BLAD