December 21, 2001
DAR OPINION NO. 24-01
PARO Vicente C. Jimenez
DAR-Provincial Office
Del Pilar, San Fernando
Pampanga
Dear PARO Jimenez:
This refers to your letter-query dated 10 August 2001, concerning the property of one Mr. Ruperto Cruz located at Porac, Pampanga, subject of a case for illegal conversion filed before the Provincial Prosecutor's Office.
You stated that the complainants/farmers, prior to the filing of the illegal conversion case, had filed a petition for coverage involving subject landholding, alleging that they are the actual occupants and the same is classified as agricultural; and, that acting on the petition, your Office sent a Notice of Coverage to the landowner but you are now in a dilemma whether your action in sending said notice will have legal implications.
Section 4 of the Comprehensive Agrarian Reform Law (R.A. No. 6657) is explicit. It mandates the coverage, regardless of tenurial arrangement and commodity produced, all public and private lands devoted to or suitable for agriculture, regardless of the agricultural products raised or that can be raised therein. Thus, for as long as the land in issue is agricultural and coverable, we may proceed with the coverage.
Under Section 14 (a) of DAR Administrative Order No. 6, series of 2000 [Rules of Procedure for Agrarian Law Implementation (ALI) Cases], a notice of coverage may not be issued if there is already a pending application for conversion. However, it appears that there was no application for conversion filed in the instant case. What was filed was a complaint for illegal conversion, hence, the coverage of subject landholding may proceed.
We hope to have clarified the matter and please be guided accordingly.
(SGD.) VIRGILIO R. DE LOS REYES
Undersecretary for Policy, Planning and Legal Affairs Office