January 31, 1995
DAR OPINION NO. 04-95
David C. Frez
Asst. City Prosecutor
Laoag City
Sir:
This has reference to your letter-query addressed to the Department of Justice and indorsed to the Department of Agrarian Reform, seeking opinion on the interpretation of the phrase "outside of urban centers and city limits" used in Section 73 (e) of Republic Act 6657 (the Comprehensive Agrarian Reform Law). Your query is posed in reference to Joint Administrative Order No. 5 of the DAR and DOJ which cites Section 73(c) and 73(e) of RA 6657 as legal basis for the crime of Illegal Conversion.
We are in accord with your position that the phrase "outside of. urban centers and city limits" means outside the boundaries of urban centers and cities. Please note, however, that although Section 73(e) refers only to lands outside of urban centers and city limits. Section 73(c) covers agricultural lands both within and outside of urban centers and cities, by declaring as a prohibited act the conversion of agricultural land into non-agricultural use with intent to avoid the application of CARL on the landholding.
We hope to have clarified the matter with you.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary Legal Affairs Office
Copy furnished:
Undersecretary Ramon S. Esguerra
Department of Justice
Manila
Prosecutor Angelo M. Albano
Laoag City
OSEC
Doc. No. 95010139