February 21, 2002
DAR OPINION NO. 10-02
Ms. Angel C. Ravana
27-A Horseshoe Drive
Monark Subdivision
Las Piñas City
Dear Ms. Ravana:
This refers to your letter dated 24 September 2001, requesting for opinion on whether or not fishponds may be the subject of the Comprehensive Agrarian Reform Program (CARP) and, if so, when did the pertinent law or rules and regulations become effective? CSaITD
Please be informed that pursuant to Section 2 of R.A. No. 7881, which amends Section 10 of R.A. No. 6657 (Comprehensive Agrarian Reform Law), private lands actually, directly and exclusively used for fishponds as of 12 March 1995 are exempt from CARP coverage, provided that said lands have not been distributed and no Certificates of Land Ownership Award (CLOAs) have been issued to agrarian reform beneficiaries (ARBs).
However, applications for exemption/exclusion should still be filed with the DAR to determine on the merits whether landholdings subject of applications are indeed exempt/excluded from CARP coverage pursuant to the provisions of DAR Administrative Order No. 03, series of 1995 (Rules and Regulations Governing the Exemption/Exclusion of Fishponds and Prawn Farms from the Coverage of the Comprehensive Agrarian Reform Law (CARL), Pursuant to Republic Act (R.A.) No. 6657, as Amended by R.A. No. 7881).
The foregoing, however, relate only to fishponds which were already existing and operational on 12 March 1995 and not thereafter.
We hope to have clarified the matter.
Very truly yours,
(SGD.) VIRGILIO R. DE LOS REYES
Undersecretary for Policy, Planning and
Legal Affairs Office