December 16, 2003
DAR OPINION NO. 25-03
MEMORANDUM
TO : The Regional Director
DAR Regional Office No. III
Pedmar Bldg., Dolores
San Fernando, Pampanga
SUBJECT : Request for Legal Opinion
This refers to the letter of Director Renato F. Herrera dated 01 October 2003, requesting for legal opinion on whether or not the property of Mr. Wilfredo L. David, et al., situated at Brgy. Culis, Hermosa, Bataan with an area of 57.15 hectares may be exempted from CARP Coverage or from the usual conversion clearance under DAR Administrative Order No. 1, Series of 2002 (2002 Comprehensive Rules on Land Use Conversion). ASTcEa
Director Herrera stated, among others, that a notice of coverage under CARP of said property was sent by the MARO of Hermosa, Bataan dated 27 August 2002; that per their letters-reply dated 20 February 2003 and 17 July 2003, Mr. Meily, Vice-President for Operations of Subic Hermosa Cyber City Development Corporation, has signified his intention to exempt the property from coverage under the following reasons: a) that a portion of the property has more than 18% slope; b) that an area of 4.2 hectares, more or less, has been developed into a livelihood center used by the Technology and Livelihood Resource Center (TLRC) which has four (4) existing warehouses now fully occupied; c) that the area of 57.15 hectares is part of the Special Economic Zone of 92.8 hectares in Brgy. Culis, Hermosa, Bataan as proclaimed by then President Joseph Estrada on June 28, 1999 pursuant to Proclamation No. 128 and which will be developed by Subic Hermosa Cyber City Development Corporation into Subic Hermosa Cyber City, an industrial park project duly registered with PEZA; that in addition to the foregoing reasons, the following certifications and supporting documents were submitted: 1) resolution of the Sangguniang Bayan of Hermosa, Bataan (Kapasiyan Bilang 97022 issued March 3, 1997) and concurred by the Sangguniang Panlalawigan Under Resolution No. 159 dated August 3, 1998 which declared the 886.66 hectares of land in Brgys. Culis, Pandatung, Palihan and Sumalo as an Economic Zone or Industrial Zone (Subic Hermosa Cyber City is part of the 886.66 hectares); 2) Development Permit, Locational Clearance and License to Sell issued by the HLURB; 3) DENR Environmental Compliance Certificate (ECC) issued August 18, 1999; 4) Barangay Certification that the property is unirrigated and untenanted; and 5) Certificate of Registration from the Philippine Economic Zone Authority (PEZA); and that in this regard Director Herrera is now seeking for a legal opinion.
Relating to the issue posed in letter, pertinent are the provisions of DAR Administrative Order No. 01, Series of 2002 (2002 Comprehensive Rules on Land Use Conversion):
"Section 6. Priority Development Areas and Projects —
6.1. In accordance with RA 7916, EO-124-1993, and EO-258-2000, the following are priority development areas for land conversion:
xxx xxx xxx
6.1.3 Agricultural areas intended for Eco Zone Projects, endorsed by Philippine Economic Zone Authority (PEZA), pursuant to RA 7916."
Please be informed that conversion or exemption is not automatic. It must be on the merits after proper and thorough determination pursuant to the requirements and provisions of existing law and guidelines on conversion and/or exemption, as the case may be. Thus, an application for and order of conversion or exemption is still required.
Nonetheless, since the landholding appears to be a priority development area, DAR shall act with dispatch should or once an application is filed.
This opinion is rendered on the basis of the facts presented. However, if upon investigation it will be disclosed that the facts are different, then this opinion shall be considered null and void.
We hope to have clarified the matter and please be guided accordingly.
(SGD.) RICARDO S. ARLANZA
Undersecretary for Policy, Planning and
Legal Affairs Office