November 8, 2000

DAR OPINION NO. 34-00

JOSEPH M. DACURRO

General Manager

Calbayog City Water District

Calbayog City

Dear General Manager Dacurro:

This refers to your letter-request for legal opinion dated 05 September 2000 on whether or not Calbayog City Water District, being a government owned and controlled corporation, can purchase the land in question covered by Original Certificate of Title No. 859 (CLOA No. 00063317) issued by DAR in June 1998 in the name of Mr. Eduardo Ibañez, to be used as an access road in going to the comprehensive improvement project of said water district. You alleged that Mr. Ibañez, aside from receiving the value of all his improvements, insisted to sell that affected portion of subject land to the water district despite the prohibition appearing on the face of his title. Thus, your request for opinion.

Under Section 27 of Republic Act No. 6657, it explicitly provides that lands awarded to beneficiaries of the Comprehensive Agrarian Reform Program (CARP) may not be sold, transferred or conveyed except through hereditary succession, or to the government, or to the LBP, or to other qualified beneficiaries for a period of ten (10) years. Said provision of law allows, as an exception to the rule, the transfer of awarded lands to the government even within the 10-year prohibitory period. However, a careful analysis of Section 27 would indubitably bring us to the conclusion that the contemplated transfer to the "government" may be accorded meaning only within the context of agrarian reform and without withdrawing it therefrom.

Be it that as it may, the government can, nonetheless, expropriate agricultural lands if the intended purpose is for public use or welfare as held by the Supreme Court in the case of Province of Camarines Sur vs. Court of Appeals (222 SCRA 173) and in accordance with Presidential Administrative Order No. 50, series of 1999 (Guidelines for the Acquisition of Certain Parcels of Private Land Intended For Public Use Including the Right-Of-Way Easement of Several Public Infrastructure Projects). It should, however, be limited to such area actually needed for the purpose and there is no other alternative route.

We hope to have clarified the matter with you.

Very truly yours,

(SGD.) FEDERICO A. POBLETE

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

OSEC

Doc No. 00090191

PARO Rodolfo Gonzaga

DAR Provincial Office

Catbalogan, Western Samar

The Municipal Agrarian Reform Officer

DAR Municipal Office

Calbayog City

Mr. Eduardo G. Ybanez

Brgy. Cabatu-an

Calbayog City