March 13, 1994

DAR OPINION NO. 18-94

MEMORANDUM

FOR             :     Director Percival C. Dalugdug
                                           DAR Region IV
                                           Pasig, Metro-Manila

SUBJECT    :     CARP Coverage of the 1,400-hectare Property at Maunlad, Real, Quezon Subject of Application for Title by the UP Under ACT 3608

       This has reference to your request for DAR position regarding the CARP coverage of the 1,400-hectare property at Maunlad, Real, Quezon subject of an application for patent by the U.P. pursuant to Act No. 3608.

      It appears that said application for title was not granted the U.P. upon the ground that the conditions provided in said law for such a grant were not satisfied (namely, a. the area designated is unreserved; b. the same is unoccupied or unapplied for under the Public Land Laws; and c. said area is suitable for the purposes of said Act).

      For one thing, the Bureau of Lands found said area to be within the forest reserve. While this is belied by BFD Map No. 99-1 which shows the area to be actually within an unclassified public forest, the fact is that the area is occupied by settlers or tillers, thus making it inelligible for a grant in favor of the U.P. under the second condition.

     It is clear that subject 1,400-hectare property is part of the public forest. As such, its reclassification to agricultural land cannot be undertaken, in view of the prohibition found in Section 4(a) of RA 6657 against the reclassification of forest or mineral lands to agricultural lands until Congress has determined by law the specific limits of the public domain.

    In view of the foregoing, coverage of the property under the Integrated Social Forestry Program/Comprehensive Agrarian Reform program, as embodied in the Memorandum of Agreement signed between and among the DENR, U. P. and DAR, should be pursued to its completion.

(SGD.) HECTOR D. SOLIMAN
Assistant Secretary Legal Affairs Office

Copy furnished:

1.      Mr. Elias Rivera

         Maunlad, Real, Quezon

2.      Vice Chancellor Fermin Adriano

         UPLB, Los Baños, Laguna

3.      USEC Jose C. Medina, Jr.

         DAR, Quezon City

4.      MARO Vicente Mayoralgo

         DAR, Real Quezon

5.      Provincial Agrarian Reform Officer

         Quezon I, Lucena City