DAR
V. DECS
GR.
NO. 158228 March 23, 2004
FACTS:
Responded DECS leased the lands donated by
the late Esteban Jalandoni to Anglo Agricultural Corporation for 10
agricultural crop years, commencing from crop year 1984-1985 to crop year
1993-1994. The contract of lease was subsequently renewed for another 10 agricultural
crop years, commencing from crop year 1995-1996 to crop year 2004-2005.
On June 10, 1993, Eugenio Alpar and several
others, claiming to be permanent and regular farm workers of the subject lands,
filed a petition for CARP coverage with Municipal Agrarian Reform Office of
Escalante.
After investigation, the MARO sent a
“Notice of Coverage” to respondent DECS, stating that the subject lands are now
covered by CARP.
ISSUE:
Whether or not the subject properties are
exempt from the coverage of RA 6657
RULING:
Sec. 10 of RA No. 6657 clearly shows that,
in order to be exempt from the coverage:
1)
The land must be “actually,
directly, and exclusively used and found to be necessary;” and
2)
The purpose is “for school
sites and campuses, including experimental farm stations operated by public or
private schools for educational purposes.”
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