July 24, 2000
DAR OPINION NO. 16-00
Ms. Arlene G. Magtibay
Vice President, Lakewood City
4/F Centermall Building
President Avenue, Sucat
Parañaque, Metro Manila
Dear Ms. Magtibay:
This refers to your request for opinion on the following matters.
1. The applicability of Republic Act No. 8435 (Agricultural and Fisheries Modernization Act) approved on 22 December 1997 and Presidential Administrative Order No. 363, series of 1997 to your case in the light of a previous Exemption Order issued by the DAR Secretary to your property on 22 December 1995; and
2. The transferability of Emancipation Patents issued under Land Reform Laws.
You raised the above issues in connection with your application for Environmental Compliance Certificate (ECC) for the proposed Lakewood Golf and Country Club Project to be situated at Barangay Sumacab Este, Cabanatuan City, Nueva Ecija. However, at present, the Department of Environment and Natural Resources (DENR) chooses to defer the review and evaluation of your ECC application on the ground that certain matters and issues concerning land conversion and ownership remain unresolved to warrant the issuance of an ECC.
Concerning your first query, a perusal of the Exemption Order dated 22 December 1995 reveals that subject landholdings which are covered by Emancipation Patents Nos. T-1707 to 1730, T-1734 to 1739, T-1741 to 1757 and T-4709 to 4764 with a total area of 144 hectares were declared exempt from CARP coverage pursuant to DOJ Opinion No. 44, series of 1990 and DAR Administrative Order No. 06, series of 1994.
Well-settled is the rule that laws are generally enacted with prospective effect. They may, however, have retroactive application depending on whether or not there is a vested right which may be impaired. When R.A. No. 6657 was enacted, the Department of Justice opined that those lands which are reclassified as non-agricultural before the enactment of the law on 15 June 1988 by local government units under their comprehensive land use plan as approved by the HLURB shall be exempted from the operation of CARP. Similarly, this Office is of the opinion that the above principle will likewise apply to R.A. No. 8435 and Administrative Order No. 363, series of 1997, which primarily deal with agricultural lands, considering that subject lands were already declared exempt prior to the effectivity of said laws.
As regards your second query on transferability of lands covered by Emancipation Patents, DAR Administrative Order No. 8, series of 1995 expressly provides that title to lands acquired pursuant to Presidential Decree No. 27 or the Land Reform Program of the Government shall not be transferable except by hereditary succession or to the government. However, Section 6 of Executive Order No. 228 provides that ownership of lands acquired by farmer-beneficiaries under P.D. No. 27 may be transferred after full payment of amortization. Corollarily, the transfer of awarded lands under P.D. No. 27, as amended by E.O. No. 228 and R.A. No. 6657 moray be allowed, provided the following shall be observed:
a) that the productivity of the land shall be maintained;
b) that the buyer will not exceed the aggregate landowner ceiling provided by law; and
(c) that the ownership ceiling of five (5) hectares shall be imposed.
Attached is a copy of DAR Administrative Order No. 8, series of 1995 for your further information and reference.
We hope to have clarified the matters with you.
Very truly yours,
(SGD.) FEDERICO A. POBLETE
Undersecretary for Legal Affairs, and Policy and Planning