Professional Documents
Culture Documents
I. Coverage of The Comprehensive Agrarian Reform Program
I. Coverage of The Comprehensive Agrarian Reform Program
Issue:
Held:
Held:
Facts:
On 16 January 1958, President Carlos Garcia issued
Proclamation No. 467 reserving for the Mindanao
Agricultural College, now the CMU, apiece of land to be
used as its future campus. In 1984, CMU embarked on a
project titled “Kilusang Sariling Sikap” wherein parcels of
land were leased to its faculty members and employees.
Under the terms of the program, CMU will assist faculty
members and employee groups through the extension of
technical know-how, training and other kinds of assistance.
In turn, they paid the CMU a service fee for use of the land.
The agreement explicitly provided that there will be no
tenancy relationship between the lessees and the CMU.
Issue:
Held:
Lands with 18% slope over are exempt from CARP coverage
unless these are found to be agriculturally developed as of 15 June
1988.
Effects of exemption
The first view is that lands exempted or excluded from the law
are permanently taken out from coverage of the CARP. The basis of
this interpretation is the phraseology of Sec. 10 which states that
exempted lands are “exempt from the coverage of the law.” The legal
effect of this interpretation is that the owner can use and dispose the
land as he deems fit without the need for any clearance from DAR.
Homesteads
In Alita vs. CA, the Supreme Court stated that homesteads are
exempt from agrarian reform.
Facts:
Issue:
Are lands obtained through homestead patent
covered under PD 27?
Held:
While homestead lots are declared exempt under PD 27, they are
not expressly declared as such under RA 6657. However, Sec. 6 of RA
6657 provides that homesteaders are allowed to retain the total
homestead lot subject to the conditions provided in the same section
and as set out in DAR MC 4 (1991), to wit:
a) That original homestead grantee or his/her direct
compulsory heirs still own the land on 15 June 1988;
b) The original homestead grantee or his or her
compulsory heirs cultivate the land as of 15 June
1988 and continue to cultivate the same.
Schedule of Implementation
Thus, DAR need not wait for the full coverage of those lands in
the first phase before those in the succeeding phases could be
covered. DAR may also proceed with the coverage of lands in different
phases simultaneously.
Commercial farms
Award to children
The award to the child is not to be taken from the retained land
of the owner and is awarded to the child in his own right as a
beneficiary. Thus, the award is not automatic. The child is merely given
a preference over other beneficiaries.
The five (5)-hectare retention limit under RA 6657 does not apply
to original homestead grantees or their direct compulsory heirs at the
time of the approval of RA 6657 who continue to cultivate the same,
and to those entitled to retain seven (7) hectares under PD 27.
In Association cases, the Supreme Court held that landowners
who failed to exercise their rights to retain under PD 27 can avail of the
rights of retention under Sec. 6 of RA 6657 and retain only five (5)
hectares. However, in the resolution of the Supreme Court on the
motion for reconsideration in the said case, the Court qualified that
those who, prior to the promulgation of RA 6657, complied with the
requirements under Letter of Instruction (LOI) Nos. 41, 45 and 52
regarding the registration of the land holdings, shall be allowed to
enjoy the seven (7) hectare retention limit. All those who refused to
comply with the requirements cannot, in view of the passage of CARL,
demand that their retention limit be determined under PD 27.
Thus, the following OLT owners are still entitled to retain seven
(7) hectares even if they exercised their right of retention under PD 27
after 15 June 1988:
The tenant must exercise either option within one (1) year after the
landowner manifests his choice of the area for retention, or from the
time the MARO has chosen the area to be retained by the landowner,
or from the time an order is issued granting the retention (DAR Adm.
O. No. 5 [2000], sec. 10).
Public Lands
Public lands pertain to all lands that were not acquired by private
persons or corporations either by grant or purchase. These lands are
either (a) disposable (alienable) public lands or (b) non-disposable
public lands.
All lands of the public domain are under the exclusive jurisdiction
of the DENR except those placed by law and/or by executive issuances
under the jurisdiction of other government agencies. Under Sec.3 and
Sec. 5 of CA 141, the Secretary of Agriculture and Natural Resources
(now the Secretary of DENR) is the executive officer charged with
carrying out the provisions of the Public Land Act. It is empowered to
prepare and issue such forms, instructions, rules and regulations
consistent with the Public Land Act. Sec.6 of CA 141 (see also EO 192
[1987]) reserves the power to classify lands in the public domain into
either agricultural (disposable, timber or mineral lands to the
President, with the recommendation of the Secretary of DENR.
Untitled public alienable and disposable lands are still within the
exclusive jurisdiction of DENR pursuant to CA 141. However, in
accordance with DOJ Opinion No. 176 (1992), Joint DAR-DENR MC 14
(1997) provides that all untitled public alienable and disposable lands
are deemed “private” if the criteria specified in RA 6940 for the
determination of whether or not a person has already acquired a
recognizable private right over a landholding is met, namely: