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G.R. No.

112526

Issue: Whether the property in question is covered by CARP despite the fact that the
entire property formed part of a watershed area prior to the enactment of R.A. No.
6657

Facts: Petitioner SRRDC questioned DARAB’s decision ordering the compulsory


acquisition of the former’s property. SRRDC contended the property in question was
exempt from the coverage of CARP because it formed part of a watershed.

Ruling: The property in question is not covered by CARP. Section 10 of R.A. No. 6657
specifically enumerated watersheds as exempted from the coverage of CARL. In
addition, all lands with eighteen percent (18%) slope and over are not covered by
CARL.

G.R. No. 132477

Issue: Whether the reclassification of the subject lands to industrial use by LGU
pursuant to its authority has the effect of exempting it from the coverage of CARL

Facts: The Municipal Council of Arpili, Balamban, Cebu issued an ordinance


reclassifying lands as industrial lands. On the other hand, Respondent DAR disallowed
the conversion of the subject lands for industrial use.

Ruling: No, after the passage of Republic Act No. 6657 (CARL), agricultural lands,
though reclassified, have to go through the process of conversion. Conversion is the
act of changing the current use of a piece of agricultural land into some other use as
approved by the Department of Agrarian Reform. Reclassification, on the other hand,
is the act of specifying how agricultural lands shall be utilized for non-agricultural
uses such as residential, industrial, and commercial, as embodied in the land use
plan, subject to the requirements and procedure for land use conversion. Accordingly,
a mere reclassification of agricultural land does not automatically allow a landowner
to change its use and thus cause the ejectment of the tenants.
G.R. No. 131457

Issue: WHETHER THE DAR SECRETARY HAS JURISDICTION OVER LANDS THAT HAVE
BEEN RECLASSIFIED AS RESIDENTIAL, COMMERCIAL, INDUSTRIAL, OR FOR OTHER
NON-AGRICULTURAL USES

Facts: Oct 1997 Sec of DAR issued DAR A.O. entitled Omnibus Rules and Procedures
Governing Conversion of Agricultural Lands to Non Agricultural Uses. The said AO
embraced all private agricultural lands regardless of tenurial arrangement and
commodity produced and all untitled agricultural lands and agricultural lands
reclassified by LGU into non-agricultural uses after 15 June 1988.

Ruling: Under DAR AO No. 01-02, as amended, "lands not reclassified as residential,
commercial, industrial or other non-agricultural uses before 15 June 1988" have been
included in the definition of agricultural lands. In so doing, the Secretary of Agrarian
Reform merely acted within the scope of his authority stated in the aforesaid sections
of Executive Order No. 129-A, which is to promulgate rules and regulations for
agrarian reform implementation and that includes the authority to define agricultural
lands for purposes of land use conversion. Further, the definition of agricultural lands
under DAR AO No. 01-02, as amended, merely refers to the category of agricultural
lands that may be the subject for conversion to non-agricultural uses and is not in
any way confined to agricultural lands in the context of land redistribution as provided
for under Republic Act No. 6657.

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