CA denies Baras, Rizal landowner plea for CARP exemption

MANILA, Philippines - The Court of Appeals has denied the appeal of a landowner questioning the government’s order to place a piece of property in Rizal province under the coverage of the Comprehensive Agrarian Reform Program (CARP). In a 17-page resolution penned by Associate Justice Noel Tijam, the CA Special 17th Division affirmed the Department of Agrarian Reform’s order that declared the 162.7 hectares of the total 316-hectare land of Milestone Farms Inc. in Baras town is not exempt from CARP conversion. According to the court, Republic Act 6657 or the Comprehensive Agrarian Reform Law provides that non-agricultural lands may be placed under the coverage of CARP. “Since the evidence clearly showed that the 162-hectare portion is no longer used as a livestock farm, the reason for the exemption no longer exists," the CA ruled. The CA’s order denied the motion for reconsideration filed by Milestone Farms seeking a reversal of the appellate court’s October 4, 2006 decision that modified the exemption from CARP of the entire property and declared only the 162.7-hectare agricultural portion as covered by land reform. Records showed that in 1993, Milestone applied for exemption of its 316.04-hectare property located in Pinugay village claiming that its landholdings were devoted to livestock, poultry and swine raising. It revised its application for exemption to conform to the provisions of DAR’s Administrative Order No. 9 that prescribed rules for exemption or exclusion. On June 27, 1994, DAR Regional Director Percival Dalugdug issued an order exempting the Milestone’s property from CARP. On a motion for reconsideration filed by the Southern Pinugay Farmers Multi-Purpose Cooperative (SPFMPC), then DAR Secretary Ernesto D. Garilao modified Dalugdug’s exemption and declared that only 240.97 hectares should be excluded and the remaining 75.06 hectares should be under CARP. Upon appeal, the Office of the President on February 4, 2000 initially reinstated Dalugdug’s order but reversed itself and adopted Garilao’s January 21, 1997 ruling as it granted the separate motions filed by the Samahang Anak-Pawis ng Lagundi, the Pinugay Farmers Association and the Bureau of Agrarian Legal Assistance of DAR. Milestone appealed the OP’s order before the CA, which on April 29, 2005 handed down a decision reinstating Malacañang’s ruling “without prejudice to the outcome of the continuing review and verification proceedings, which the DAR, through the proper Municipal Agrarian Reform Officer (MARO) may undertake." Several farmers’ groups filed motions to reconsider the CA decision, pointing out that while Milestone wanted to exempt its entire landholdings, it has developed a large portion of the property into a leisure-residential-commercial estate known as the “Palo Alto Leisure and Sports Complex." They told the appellate court that the government had implemented irrigation projects and had built farm-to-market roads within the landholdings they have been in possession since time immemorial. Acting on the motions, the CA issued an amended decision on October 4, 2006 based on the report submitted by DAR, through the MARO of Pinugay, Baras, Rizal, who conducted a review and verification of the status of the Milestone property. The MARO report stated that “there is no existing livestock farm on the remaining 162.7 hectares and the said area had never been in possession nor control by Milestone Farms, Inc." Among other things, the MARO report also stated that “the area exempted is now developed into a residential subdivision known as ‘Palo Alto;’ that the remaining area (162.7 hectares) is in the possession/cultivation of actual occupant tillers since time immemorial and is fully developed with agricultural improvements; that up to the present said portion of the subject landholdings is agricultural in classification and actual use, not to mention the existence of irrigation systems in the area which was funded by the government." It pointed out that Milestone “did not deny the DAR’s findings that the 162.7- hectare remainder of the subject landholdings is no longer devoted to livestock raising." - GMANews.TV