April 14, 1997
DAR OPINION NO. 43-97
Mr. Jose Z. Grageda
OIC-PARO
Camarines Sur Provincial Office
San Jose, Pili
Camarines Sur
Dear PARO Grageda:
This refers to your memorandum requesting for clarification regarding the interpretation of the phrase "urban centers and city limits" under Sec. 73 (e) of R.A. No. 6657 and the inclusion of the BARC in the CARP Module and Survey Projects under Memorandum Circular No. 4, Series of 1997.
Anent your query on the interpretation of the aforecited phrase whether it includes the same technical description as that of the metes and bounds of the territory of the city, we wish to inform you that your observation is correct. In a categorical statement made by Secretary Ernesto D. Garilao appearing in the DAR Infoline dated 23 October 1996 (herewith attached), it says that the subject provision (Section 73 (e) of R.A. No. 6657) does not apply to agricultural lands situated inside urban centers or city limits. We concur with the above statement.
With regard to your request for the inclusion of the BARC in the aforementioned Memo Circular, a careful scrutiny of the same reveals that indeed the BARC was not among those enumerated in the conduct of the survey work. In this connection, you are hereby advised to direct said request for inclusion to Assistant Secretary Clifford G. Burkley, Chairman, Guidelines Drafting Committee (GDC) [Attention: Policy and Strategic Research Service, DAR Central Office] for consideration and possible amendment of the Circular.
We hope to have clarified the matters with you.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy and Planning