February 4, 2004
DAR OPINION NO. 05-04
Atty. Ma. Victoria A. Reyes
Vice President
Head, Landowners Assistance and
Compensation Group (LCAG)
Land Bank of the Philippines
319 Sen. Gil Puyat Ave. Ext.
Makati City
Dear Atty. Reyes:
This refers to your letter dated 19 November 2003, requesting for clarification relative to various queries of landowners on whether the "legal easement" portions of agricultural landholding may be covered under Republic Act No. 6657.
You stated that there are several land transfer claims where portions of the property of the landowner have already been paid except for the portions covered by legal easement.
Relating to the issue posed in your letter, pertinent are the provisions of Joint DAR-LBP Memorandum Circular No. 3, Series of 1995 (Guidelines in the Acquisition, Distribution, and Compensation of Patches or Portions of Agricultural Lands Not Actually Planted to Any Crop and Lands Subject to Legal Easements) and The Civil Code of the Philippines, to wit: TacA
I. Item B.1 and 2 of Joint DAR-LBP Memorandum Circular No. 3, Series of 1995
"B. On Agricultural Lands Which Are Subject to Legal Easements
1. The DAR shall likewise acquire, and LBP shall compensate, agricultural lands which are subject to legal easements provided that such landholdings were originally titled or registered as lands of private ownership under the provisions of the Cadastral Law or the Land Registration Act.
2. In case of lands covered by OCT or TCT originally derived from a Government Grant or a Land Patent pursuant to the Public Land Act (CA 141), as amended, the easement zone shall be demarcated and the area covered by the easement shall be valued by the LBP, but the release thereof shall only be made upon favorable resolution of the issue of compensability of such area by the proper government agencies." (emphasis supplied)
II. Article 617 of the Civil Code of the Philippines
"Art. 617. Easements are inseparable from the estate to which they actively or passively belong."
Given the above provisions of law, rules and regulations, we could infer that portions of titled or registered private agricultural lands subject of legal easements form as inseparable part of the landholding of the landowner, thus, they may be covered under Republic Act No. 6657 (Comprehensive Agrarian Reform Law) and accordingly be compensated by the Land Bank of the Philippines.
Incidentally, with regard to the matter of the twenty (20) meter stream bank protection, attached is the letter of then DAR Secretary Hernani A. Braganza dated 27 August 2002 addressed to then DENR Secretary Heherson T. Alvarez for your information and reference. CSDcTH
We hope to have clarified the matter.
Very truly yours,
(SGD.) RICARDO S. ARLANZA
Undersecretary for Policy, Planning and Legal Affairs Office