CASE DIGEST: DAR v. DECS

 


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.”


Comments