October 8, 1996
DAR OPINION NO. 84-96
Honorable Florencio B. Abad
Congressman, Lone District of Batanes
House of Representatives
Room 307, Northwing Bldg.
Batasang Pambansa Complex
Constitution Hills, Quezon City
Dear Congressman Abad:
This refers to your request for an opinion regarding Section 36, Article III of the proposed Fisheries Code specifically the provision which provides, among others, that " . . . upon the expiration of said FLAs, ownership of FLA shall be granted to the present fishpond operators".
You state that the provision "has the effect of practically giving ownership of the fishponds to the FLA holders, which is a clear circumvention of the prohibition on ownership of fishponds covered by FLAs."
We concur with your observation. Indeed, it is supported by the provision of Presidential Decree No. 704, Chapter IV, B, Sec. 23 which provides that "Upon the effectivity of this Decree, no public lands suitable for fishponds purposes shall be disposed by sale; Provided, That only fishpond sales patent already processed and approved on or before November 9, 1972 shall be given due course . . ." However, we would like to express the view that lands covered by expired FLAs, like those lands covered by cancelled or amended FLAs under Executive Order No. 407, be included within the scope of the Comprehensive Agrarian Reform Program for distribution o qualified beneficiaries.
The DAR, as lead implementing agency of the CARL firmly believes that 1) The disposition of expired FLAs to its holders will place the lands in a hands of a few people; 2) The equitable distribution of limited land resource to the greater number of people will be defeated, and 3) Since these FLA holders are rich and powerful people, the farmworkers will forever remain poor and live in perpetual misery.
Hoping that this opinion/comment will serve as a guide in the proper formulation of the proposed Fisheries Code.
Thank you.
Very truly yours,
(SGD.) LORENZO R. REYES
OIC-Undersecretary
LAFMA
Copy furnished:
OSEC
Doc. No. 96090139