September 27, 1995
DAR OPINION NO. 53-95
Mr. Gregorio Gavieta, et al.
c/o Dir. Elmo A. Bañares
DAR Region VI
St. Clement Compound
La Paz, Iloilo City
Dear Mr. Gavieta:
This has reference to your petition for the CARP coverage of the SEAFDEC Reservation Area at Barangay Buyu-an, Tigbauan, Iloilo.
We regret to inform you that the SEAFDEC Area is exempt from CARL coverage, having been reserved for the use of SEAFDEC by virtue of a Presidential Proclamation. Noteworthy in this connection is the Decision of the Supreme Court in the case entitled "Southeast Asian Fisheries Development Center-Aquaculture Department vs. National Labor Relations Commission" (G.R. No. 86773 February 14, 1992), wherein the following facts regarding SEAFDEC were considered:
The Southeast Asian Fisheries Development Center-Aquaculture Department (SEAFDEC-AQD) was established by the Governments of Burma, Kingdom of Cambodia, Republic of Indonesia, Japan, Kingdom of Laos, Malaysia, Republic of the Philippines, Republic of Singapore, Kingdom of Thailand and Republic of Vietnam for the purpose of contributing to the promotion of the fisheries development in Southeast Asia by mutual cooperation among the member governments of the Center, and through collaboration with international organizations and governments external to the Center.
SEAFDEC-AQD was organized as one of the principal departments of SEAFDEC to be established in Iloilo for the promotion of research in aquaculture.
Being an intergovernmental organization, SEAFDEC including its Departments (AQD), enjoys functional independence and freedom from control of the state in whose territory its office is located.
In the said case, the Supreme Court made the categorical finding that SEAFDEC-AQD is an international agency beyond the jurisdiction of the courts or local agency of the Philippine government. In view of the said Supreme Court ruling, the SEAFDEC area subject of your Petition falls squarely outside the purview of RA 6657.
We hope to have clarified the matter with you.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary Legal Affairs Office
Copy furnished:
OSEC
Doc. No. 95080672
Director Elmo A. Bañares
DAR Region VI
St. Clement Compound
La Paz, Iloilo City
PARO Alexis M. Arsenal
Department of Agrarian Reform
Luna St., La Paz
Iloilo City
Atty. Rodrigo M. Cainglet
Chief, Provincial Legal Division
Department of Agrarian Reform
Luna St., La Paz
Iloilo City
MARO Leila Carole V. Sangco
Department of Agrarian Reform
Tigbauan, Iloilo
Atty. Hector P. Teodosio
Defensor, Teodosio and Daquilanea Law Offices
Suite 304 Third Floor UEC Bldg.
J. M. Basa-Mapa Sts., Iloilo City