August 28, 1996
DAR OPINION NO. 72-96
Mr. Art Cornejo
773 Apelo Cruz, Malibay
Pasay City
Dear Mr. Cornejo:
This refers to your letter, on behalf of spouses Marcial and Alice Cornejo, regarding their 2.3186-hectare agricultural land situated at Langkiwa, Biñan, Laguna, wherein you wish to be clarified on whether you can make use of the 2,000 square meter portion of the said property for livestock purposes without securing an order of conversion from the DAR. Further, you state that subject landholding is presently devoted to rice and other agricultural production and that the same is tenanted.
At the outset, we wish to state that your instant request cannot be granted because pursuant to the Supreme Court ruling on Luz Farms vs. The Honorable Secretary of Agrarian Reform (192 SCRA 51, Dec. 4, 1990), what are exempted or deemed excluded from CARP coverage are those lands which are devoted to poultry, swine or livestock raising as of 15 June 1988 (date of the effectivity of RA 6657 or CARL). Otherwise stated, the land or portions thereof must have been exclusively, directly and actually used for livestock, poultry and swine raising as of 15 June 1988 (DAR Administrative Order No. 9, S. 1993, copy attached). The aforequoted ruling cannot be made to apply to your request since it is only now that you are going to utilize the land for livestock purposes. In this regard, the landowner is therefore advised to file an application for conversion pursuant to the DAR rules on conversion, if warranted.
Thank you for communicating with us and we hope to have enlightened you on the matter.
Very truly yours,
(SGD.) LORENZO R. REYES
OIC-Undersecretary
LAFMA