September 3, 2008
DAR ADMINISTRATIVE ORDER NO. 07-08
SUBJECT : Guidelines Relative to the Supreme Court Ruling on the Sutton
Case Regarding Lands which are Actually, Directly and Exclusively Used for
Livestock Raising
The Supreme Court of the Philippines declared in the case entitled,
"Department of Agrarian Reform (DAR) versus Delia T. Sutton, et al. (G.R. No.
162070, 19 October 2005)" that the DAR has no authority to regulate livestock
farms which have been exempted by the Constitution from the coverage of
agrarian reform.
The Supreme Court's decision in the above-cited case was based on its
appreciation of the intent of the framers of the Constitution relative to livestock
raising lands, etc., as shown in the following statement/quote from the text of the
decision: "the deliberations of the 1987 Constitutional Commission show a clear
intent to exclude, inter-alia, all lands exclusively devoted to livestock, swine and
poultry raising". Clearly, the Supreme Court decision reaffirmed "exclusivity" of
use as a requisite for land devoted to livestock, poultry and swine raising to be
deemed excluded from the coverage of CARP. TaDIHc
To guide the Department in the coverage of agricultural lands under CARP
based on the above-cited Supreme Court decision, the following policy guidelines
are hereby issued:
1. Private agricultural lands or portions thereof actually, directly and
exclusively used for livestock purposes other than agricultural like cattle
raising as of 15 June 1988 and continuously and exclusively utilized or
devoted for such purpose up until the time of inventory as provided under Item
3 of this Order, shall be excluded from CARP coverage.
2. Conversely, landholdings or any portions thereof not actually, directly
and exclusively used for livestock raising are subject to CARP coverage if one
or more of the following conditions apply:
2.1 There is agricultural activity in the area, i.e., cultivation of the
soil, planting of crops, growing of fruit trees, including the harvesting of
such products, and other farm activities and practices, whether done by a
natural or juridical person and regardless of the final use or destination of
such agricultural products; and/or
2.2 The land is suitable for agriculture and it is presently occupied
and tilled by farmer/s.
3. The Municipal Agrarian Reform Officer (MARO), together with a
representative of the DAR Provincial Office (DARPO), shall conduct an
inventory and ocular inspection of all agricultural lands with livestock raising
activities.
4. A report on the inventoried and inspected lands with the following
information shall be submitted by the MARO and the DARPO representative
to the Provincial Agrarian Reform Officer (PARO):
• Name of landowner;
• Location of property, title number and area;
• Actual land use;
• Existence of agricultural activity;
• Type of animals raised and/or agricultural commodities produced; and
• Other information vital to the determination of coverage of the land or
portions thereof under CARP. aSIATD
5. In case any of the conditions under Items 2.1 and 2.2 of these
guidelines are evident, the PARO shall immediately proceed with the issuance
of Notice of Coverage (NOC) on the subject landholding or portions thereof.
6. Pursuant to DAR Administrative Order (A.O.) No. 04, Series of 2005,
the landowner has thirty (30) days from receipt of the Notice of Coverage
within which to file protest on the coverage. He shall be given another thirty
(30) days from date of the filing thereof within which to present evidence or
documents with probative value to support his protest.
7. The processing and settlement of all protests on the coverage of the
subject landholding under these guidelines shall be governed by DAR A.O.
No. 03, Series of 2003 entitled, "2003 Rules for Agrarian Law Implementation
Cases". cDAEIH
8. Any act of a landowner to change or convert his/her agricultural land
for livestock raising shall not affect the coverage of his/her landholding under
CARP. Any diversification or change in the agricultural use of the
landholding, or shift from crop production to livestock raising shall be subject
to the existing guidelines on land use conversion. TECIHD
9. In line with the principle on regularity in the performance of
mandated and official functions, all processes undertaken by DAR
pursuant to A.O. No. 09, Series of 1993 and A.O. No. 1, Series of 2004 are
valid. Accordingly, the EPs or CLOAs issued to agrarian reform
beneficiaries (ARBs) for such lands likewise remain valid.
10. Any petition to nullify the coverage of said lands under CARP and the
EPs/CLOAs issued therefor shall not be given due course. Further, in
consonance with the doctrine on indefeasibility of EPs/CLOAs being titles of
ownership under the Torrens System of registration, and pursuant to DAR
Memorandum Circular No. 19, Series of 2004 entitled, "Reaffirming the
Indefeasibility EPs and CLOAs as Titles under the Torrens System", no order
or decision for CARP exclusion which carries with it the cancellation or recall
of EPs/CLOAs shall be issued.
All issuances of the DAR which are inconsistent herewith are hereby
revoked, amended, or modified accordingly. This Administrative Order shall take
effect ten (10) days after its publication in two (2) newspapers of general
circulation.DaAISH
Diliman, Quezon City. September 3, 2008.
(SGD.) NASSER C. PANGANDAMAN
Secretary
Published in the Malaya on September 9, 2008.
