Documente Academic
Documente Profesional
Documente Cultură
139285
December 21, 2007
ROMAN CATHOLIC ARCHBISHOP OF CACERES, petitioner
vs.
SECRETARY OF DEPT. OF AGRARIAN REFORM and DAR REGIONAL
DIRECTOR (Region V), respondents
Topic: Retention Limits
Facts:
1. Archbishop filed for exemptions of certain properties located in
Camarines Sur from coverage of P.D. 27. This was denied by
Regional Director.
2. Archbishop appealed, arguing that:
a. They are used for charitable, religious and educational
purposes
b. Even though lands were registered in his name, he only
has naked title and he holds such lands in trust for his
followers.
c. Properties were conditional donations subject to the
prohibition of donor to sell, exchange, encumber the
property.
d. Hence, he argues that he was not the landowner
contemplated in PD 27 and RA 6657.
3. He prayed that DAR orders be reversed, or that alleged beneficiaries
(his followers) of the trust EACH be allowed right of retention.
4. CA dismissed the appeal. Hence, this petition.
5. In addition to his arguments above, Archbishop also argued that he
was merely an administrator for the benefit of members of a
particular religion; hence, properties should be exempt.
Issue: W/N the properties were exempt from coverage?
Held: No, they are not exempt.
Retention Limits (Important to our topic)
1. The law does not qualify the word landowner as to under what title
the land is held. Hence, since it was found that the properties were