[CASE NO. A-9999-014-01. September 24, 2001.]
RE: APPLICATION FOR EXCLUSION FROM CARP COVERAGE PURSUANT TO DAR ADMINISTRATIVE ORDER NO. 9, SERIES OF 1993.
HENRY DOMINGO REYES, JR., ET AL., Represented by Ramon Villapando, applicants.
O R D E R
For consideration are separate Applications for Exclusion from coverage of the Comprehensive Agrarian Reform Program (CARP) pursuant to DAR Administrative Order (AO) No. 9, Series of 1993, involving the following nine (9) parcels of land located in the Province of Quezon:
Registered Owner TCT No. Lot No. Area Location
1. Henry Domingo T-215452 670 6.1561 Brgy. Ilayang
Reyes, Jr. Wasay, Buenavista
2. Rosario Hennie T-216522 1-D 20.1662 Brgy. Cadlit,
Reyes Buenavista
3. Victor Reyes T-215380 3, plan RS 384 30.2076 Brgy. Piris,
Guinayangan
4. Evangeline Reyes T-214381 1 7.1084 Brgy. Piris,
2 5.5415 Guinayangan
3 15.2554
5. Ma. Belcy Reyes T-214382 4 16.1232 Brgy. Piris,
Guinayangan
6. Susan Reyes T-214377 2, plan II-11991 9.4867 Brgy. Piris,
Guinayangan
7. Susan Reyes T-214383 5 5.9837 Brgy. Piris,
Guinayangan
8. Susan Reyes T-152382 1-C 29.7405 Brgy. Cadlit,
Buenavista
9. Susan Reyes T-216579 3, Psu-17128 11.1192 Brgy. Cadlit,
Buenavista
TOTAL 156.8885
Herein applications are hereby consolidated as they involve the similar issues and subject matter.
In support of the applications, the following documentary requirements were submitted for each of the applicants:
1. Special Power of Attorney executed by the registered owners in favor of Ramon Villapando;
2. Photocopies of the Transfer Certificates of Title;
3. Certified true copies and photocopies of Individual Income Tax Returns for the period 1991 to 1998;
4. Audited financial statements issued by an independent Certified Public Accountant for the period 1991 to 1998;
5. Pictures of subject properties;
6. Certificates of Ownership of Large Cattle;
7. Sworn affidavit dated 18 February 2000 executed by Ruben D. Laygo, stating that he was an Agricultural Technician I of the Office of the Provincial Veterinarian for Quezon and that from 1975 to the present, he has continuously been the veterinary consultant of Domingo M. Reyes, Sr. Livestock Industry in Buenavista and San Narciso, Quezon;
8. Certification dated 18 February 2000 issued by Alexander C. Kitma, Livestock Department, Hacienda Bigaa Inc., Calatagan, Batangas, stating that from 1974 to 1997, Domingo Reyes had purchased more than one hundred heads of Indu-Brazil breeding cattle from said hacienda;
9. Certification dated 18 January 1999 issued by German B. Arañez, President, Arañez Agri-Foods Corporation, stating that Domingo Reyes has sold several hundreds of cattle to the corporation for fattening and slaughter and that Mr. Reyes has been the corporation's cattle supplier since 1984 to present; aTICAc
10. Various receipts showing the sale or purchase of cattle;
11. Certificate of Registration of Individual Brand dated 14 July 1999 issued by Loida C. Marquez, Municipal Treasurer of Buenavista, Quezon, stating that there has been registered under the Number 787, a brand, a sketch of which appears therein, for branding of cattle belonging to Ramon A. Reyes; and
12. Certification dated 15 May 1998 issued by Maria S. Lincayo, Municipal Planning and Development Coordinator of Buenavista, Quezon, stating that there is no zoning ordinance yet in the municipality, however, for electrification purposes, the electrification of the cattle farm of Ramon Reyes which is situated at Brgy. Catulin will not adversely affect the development of the municipality.
On 7 to 9 February 2001, an ocular inspection (OCI) was conducted by the Center for Land Use Policy, Planning and Implementation (CLUPPI) — 2 to validate the registered owners' application for exclusion. CLUPPI-2's report shows that subject properties are about one (1) to two (2) kilometers from the town proper and can be reached through concrete and rough roads and through foot trails. The same report states that except for the properties described under TCT Nos. T-216522, T-152382 and T-215380, the rest of the properties are devoted to purely agricultural use rather than livestock.
However, despite the presence of livestock in the landholdings covered by TCT Nos. T-216522, T-152382 and T-215380 during the time of the inspection, the OCI team still recommended the denial of the applications. The lack of infrastructure for livestock purposes and the dominant use of property as agricultural supported the conclusion that the property was not used for livestock purposes prior to June 15, 1988.
Said report concluded that based on the findings during the ocular inspection, and as supported by the documents and information submitted by field officials and farmworkers, the contention of the applicants that subject properties have been utilized for livestock purposes prior to the effectivity of CARP on 15 June 1988 is without merit. The OCI team therefore still recommended the denial of the applications for exclusion.
CLUPPI-2's report confirmed the previous findings of the Provincial Task Force on Land Exemption/Exclusion which likewise recommended the denial of the applications for exclusion on ground that there is no evidence to show that subject landholdings are devoted to livestock raising prior to 15 June 1988. In its ocular inspection on 16 to 18 May 2000, the task force found that subject properties are devoted to coconut production and livestock was introduced therein only in the latter part of 1999.
We affirm the recommendations of CLUPPI-2 and the Provincial Task Force on Land Exemption/Exclusion.
The pertinent rules governing the exclusion of private agricultural lands from CARP coverage on ground of livestock raising are provided under AO 9 (1993). Said AO imposes two (2) conditions before a private landholding can be considered excluded from the coverage of CARP: (a) the land or portions thereof must be exclusively, directly and actually used for livestock raising as of 15 June 1988; and (b) the landholding sought to be excluded must meet the ratios of land and livestock as follows:
1. Grazing
• Cattle, Carabao and Horse Raising — (regardless of age) — the maximum ratio is one (1) head to one (1) hectare.
2. Infrastructure
• Cattle, Horses and Carabao Raising — a ratio of 21 heads for every 1.7815 hectares of infrastructure.
The two (2) conditions must concur in order for lands to be excluded from CARP coverage.
In the case at hand, other than the applicants' self-serving allegations and documents, no proof whatsoever was presented to prove that subject landholdings have been exclusively, directly and actually used for livestock raising as of 15 June 1988.
Firstly, the applicants failed to submit any proof that business permits were obtained from the appropriate government agency proving that they have been involved in livestock raising. What was submitted in all applications is a Certificate of Registration of Individual Brand dated 14 July 1999 issued by Loida C. Marquez, Municipal Treasurer of Buenavista, Quezon, stating that a brand, has been registered under the Number 787, by a certain Ramon A. Reyes, for branding of cattle belonging to the latter. However, it does not prove in any way that the applicants have been engaged in livestock raising because Ramon A. Reyes is not an applicant in the present case. Even assuming, for the sake of argument, that he is a member of the household of the applicants, said certificate does not prove that the applicants themselves were engaged in livestock raising prior to 15 June 1988 and that the properties applied for exclusion were utilized for the same. I should likewise be noted that the brand of Mr. Ramon Reyes for marking of his cattle was registered only in 1999.
Secondly, the individual tax returns, as well as the Income Statements submitted by the applicants do not indicate that the applicants obtained income from livestock raising. Rather, said documents show that the applicants obtained earnings from their various business ventures, income from farming and the sale of agricultural crops. Nowhere does it appear that they earned any income from livestock raising.
Thirdly, to prove ownership of cattle, the applicants individually submitted several Certificates of Ownership of Large Cattle as follows:
Applicant No. of Owner of Cattle as Place of Date
Certificates Appearing in the Issuance of Issued
Submitted Certificates of Certificates
and Type of Ownership or
Cattle Transfer
1. Henry (9) carabaos (9) Domingo Reyes San Narciso, Quezon April 4, 1986
Domingo
Reyes, Jr.
2. Rosario (23) cows (1) George Banal San Narciso, Quezon May 24, 1988
Henie
Reyes (22) Manuel Uy San Narciso, Quezon May 25, 1988
3. Victor A. (22) cows (3) Arañez AgriFoods Sto. Tomas, Bats. Mar. 24, 1987
Reyes (13) carabaos (2) Aranez AgriFoods Sto. Tomas, Bats. April 24, 1987
(7) Aranez AgriFoods Sto. Tomas Bats. June 19, 1987
(2) Antonio Uy San Andres, Quezon June 13, 1983
(1) Rudy Hombre Claveria, Masbate March 9, 1983
(10) Domingo Reyes San Narciso, Quezon Dec. 2, 1986
(1) Rufino Cabahog San Andres, Quezon Jan. 14, 1980
(1) Fidela Bujawe Claveria, Masbate Mar. 14, 1980
(1) Paula Susan San Pascual, Masbate Nov. 15, 1980
(1) Jaime Sesno Libon, Albay Mar. 13, 1980
(1) Dioscoro Nieva San Narciso, Quezon June 15, 1980
(1) Julio Mariveles San Agustin, Romblon May 20, 1980
(1) Hilario Demetria San Narciso, Quezon June 15, 1980
(1) Celso Nieva San Narciso, Quezon June 15, 1980
(1) Darmildo San Pascual, Masbate April 20, 1980
Remulta
(1) Domingo San Pascual, Masbate Aug. 17, 1980
Villegas
4. Evangeline (36) carabaos (28) Domingo Reyes San Narciso, Quezon April 3, 1986
Reyes
(4) Domingo Reyes San Narciso, Quezon April 4, 1986
(3) Domingo Reyes San Narciso, Quezon April 5, 1986
(1) Domingo Reyes San Narciso, Quezon April 3, 1986
5. Belcy Reyes (20) carabaos (2) Paterno Hindang San Narciso, Quezon Dec. 5, 1983
(1) Jorge Sanchez San Andres, Quezon May 23, 1983
(1) Claudio Mahinay San Andres, Quezon Jan. 20, 1983
(1) Godofredo San Francisco, Quezon Jan. 27, 1983
Edadez
(1) Pelagio Cataga San Andres, Quezon Mar 21, 1983
(1) Gervacio Pojas San Pascual, Quezon Mar 5, 1983
(1) Perlita San Andres, Quezon June 13, 1983
Mendenilla
(1) Palabiano San Andres, Quezon June 13, 1983
Palapar
(1) Godofredo San Andres, Quezon June 13, 1983
Bangcasa
(1) Proceso Terana Claveria, Masbate April 20, 1983
(1) Federico Espinosa Claveria, Masbate May 13, 1983
(1) Tirso Gemino Claveria, Masbate July 8, 1983
(1) Lino Galit Sariaya, Quezon May 27, 1983
(1) Santiago San Francisco, Jan. 27, 1983
Lupangco Quezon
(1) Antonio Uy San Andres, Quezon May 14, 1983
(1) Antonio Uy San Andres, Quezon May 23, 1983
(1) Antonio Uy San Andres, Quezon May 24, 1983
(2) Antonio Uy San Andres, Quezon June 13, 1983
6. Susan Reyes (12) carabaos (6) Domingo Reyes San Narciso, Quezon April 4, 1986
(6) Domingo Reyes San Narciso, Quezon April 5, 1986
7. Susan Reyes (7) cows (7) Domingo Reyes San Narciso, Quezon Dec. 2, 1986
(2) carabaos
(2) Domingo Reyes San Narciso, Quezon April 5, 1986
8. Susan Reyes (30) carabaos (28) Domingo Reyes San Narciso, Quezon Feb. 4, 1990
(12) cows (2) Domingo Reyes San Narciso, Quezon Aug. 10, 1990
(1) Antonio Bobelin Lemery, Batangas 1984
(1) Saturnino Minga San Agustin, Romblon May 30, 1984
(1) Julian Macaraig Catanauan, Quezon Dec. 29, 1983
(1) Ernesto Abalos Sta. Barbara, Dec. 23, 1988
Pangasinan
(4) Ernesto Abalos Sta. Barbara, Mar. 19, 1991
Pangasinan
(1) Juan Ariola Lemery, Batangas Aug. 31, 1991
(1) Antonino Lemery, Batangas Sept. 7, 1991
Landicho
(1) Leodegario Bansud, Or. Mindoro July 10, 1990
De Villa
(1) Juanito Uy San Narciso, Quezon Feb. 22, 1990
9. Susan (1) carabao (1) Domingo Reyes San Narciso, Quezon April 5, 1986
Reyes (13) cows
(12) Domingo Reyes San Narciso, Quezon Dec. 2, 1986
(1) Domingo Reyes Buenavista, Quezon June 29, 1988
The table above readily shows that none of the applicants own any large cattle which would merit the exclusion of their landholdings from CARP. Said Certificates of Large Cattle and Certificates of Transfer of Ownership of Large Cattle indicated ownership by various persons other than the individual applicants themselves. A careful scrutiny of the documents would even reveal that several Certificates of Transfer and Certificates of Ownership of Large Cattle attached to the applications referred to the same cattle but presented as if they are evidence of ownership of several cattle. cEAIHa
a) The Certificates of Transfer to Antonio Uy from Plabiano Palapar and Godofredo Angcasa supporting the Application of Victor Reyes (TCT T-215380) pertain to the same carabaos covered by the Certificates of Ownership of Palabiano Palapar and Godofredo Angcasa supporting the Application of Belcy Reyes (TCT T-214382)
b) In the Application of Belcy Reyes (TCT T-214382), the Certificate of Ownership of Godofredo Edades refer to the same carabao as that transferred under the Certificate of Transfer in favor of Santiago Lupangco, the Certificate of Ownership of Perlita Mendenilla referred to the same carabao as that transferred under the Certificate of Transfer in favor of Antonio Uy, and the Certificate of Ownership of Jorge Sanches referred to the same carabao as that transferred under the Certificate of Transfer in favor of Antonio Uy.
c) In the Application of Susan Reyes (TCT No. T-152382), the certificate of transfer from Leodegario De Villa to Antonio Landicho and the certificate of Ownership of Leodegario De Villa referred to the same cow.
The Certificates of Ownership and Certificates of Transfer of Ownership supporting the individual application, aside from being issued to other persons, were also issued in places other than the municipalities where the properties being applied for exclusion are located. It was not shown by any evidence that the cattle were in fact raised and dispersed in the properties applied for exclusion by the applicants.
Moreover, the same table shows that the Certificates of Large Cattle were issued between the years 1980 to 1991. No evidence was presented to prove that the applicants owned any cattle from 1991 to the present date. We stress that the conditions imposed under AO 9 (1993) are continuing requisites that a landowner must meet. Said AO 9 (1993) provides:
"xxx xxx xxx
D. The MARO shall conduct a continuing review and verification of excluded lands to ascertain which of the areas or portions thereof are no longer used for livestock, poultry and swine raising purposes. If the area or portion thereof is no longer used for livestock, poultry and swine raising the area or portion involved shall automatically revert to the category of agricultural land, and shall be covered under CARP pursuant to A.O. No. 9, Series of 1990, as amended by A.O. No. 1, Series of 1992, on land acquisition and distribution, and Section V of this Administrative Order.
xxx xxx xxx"
The certifications dated 18 February 2000 issued by Alexander C. Kitma of Hacienda Bigaa, Inc. and by German B. Arañez dated 18 January 1999, by themselves, do not prove that the applicants are engaged in livestock raising. Said certifications merely state that applicant Domingo Reyes purchased and sold several hundreds of cattle from the two (2) companies. The same can be said about the various receipts showing the purchase and sale of several heads of cattle. The fact that one is engaged in the purchase and sale of cattle does not prove that one is involved in livestock raising.
Likewise, the sworn affidavit dated 18 February 2000 executed by Ruben D. Laygo, stating that he has continuously been the veterinary consultant of Domingo M. Reyes, Sr. Livestock Industry from 1975 to present, do not prove that, indeed, the applicants are engaged in livestock raising. No proof was presented that Domingo M. Reyes, Sr. Livestock Industry, does exist, and if it does, whether the same livestock farm is the one applied here for exclusion. By itself, said affidavit merely indicates that Mr. Laygo is a veterinary consultant of Domingo M. Reyes Livestock Industry from 1975 to the present and nothing more.
The photographs submitted by the applicants deserve scant consideration as evidence of livestock raising prior to 1988. No proof was submitted that the same were taken within subject landholdings or that the cattle appearing therein are owned by the applicants.
WHEREFORE, premises considered, the herein Application for Exclusion from CARP coverage pursuant to AO 9 (1993) filed by applicants Henry Domingo Reyes, Jr., et al., involving nine (9) parcels of land covered by T-215452, T-216522, T-215380, T-214381, T-214382, T-214377, T-214383, T-152382 and T-216579 with an aggregate area of 156.8885 hectares located at Brgys. Ilayang Wasay and Cadlit, Municipality of Buenavista, and Brgy. Piris, Municipality of Guinayangan, all in the Province of Quezon, is hereby DENIED. The Provincial Agrarian Reform Officer (PARO) of Quezon is hereby DIRECTED to expedite the acquisition and distribution of subject landholdings under CARP to qualified farmer-beneficiaries pursuant to existing rules and regulations on the matter.
SO ORDERED.
Diliman, Quezon City, 24 September 2001.
(SGD.) EFREN C. MONCUPA
Undersecretary
Field Operations and Support Services Office
Copy furnished:
1. Mr. Ramon Villapando
Lucia Bldg., Lakandula cor. Granja Sts.
Lucena City
2. The Regional Director
DAR Region IV
Capitol Compound, Pasig City
3. The Provincial Agrarian Reform Officer
DAR Provincial Office
Gumaca, Quezon
4. The Municipal Agrarian Reform Officer
DAR Municipal Office
Buenavista, Quezon