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Zsashing
Laoag City, Ilocos Region, Philippines
Res Ipsa Loquitor
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Tuesday, September 2, 2014

Natalia Realty, Inc. vs. Department of Agrarian Reform 225

SCRA 278 (1993)
Natalia Realty, Inc. vs. Department of Agrarian Reform
225 SCRA 278 (1993)
Facts:
Petitioner Natalia Realty, Inc. is the owner of a 125.0078-ha
land set aside by Presidential Proclamation No. 1637 (1979)
as townsite area for the Lungsod Silangan Reservation.
Estate Developers and Investors Corporation (EDIC), the
developer of the area, was granted preliminary approval and
locational clearances by the then Human Settlements
Regulatory Commission (HSRC) for the establishment of the
Antipolo Hills Subdivision therein. In November 1990, a
Notice of Coverage was issued by DAR on the undeveloped
portion of the landholding. The developer filed its objections
and filed this case imputing grave abuse of discretion to
respondent DAR for including the undeveloped portions of
its landholding within the coverage of CARP.
Issue:
Are lands already classified for residential, commercial or
industrial use, and approved by HLURB and its precursor
agencies prior to 15 June 1988, covered by RA 6657?
Held:

Sec. 4 of RA 6657 states that the CARL covers "regardless

of tenurial arrangement and commodity produced, all public
and private and agricultural lands" and as per the transcripts
of the Constitutional Commission, "agricultural lands"
covered by agrarian reform refers only to those which are
"arable and suitable lands" and "do not include commercial,
industrial and residential lands." The land subject of the
controversy has been set aside for the Lungsod Silangan
Reservation by Proclamation No. 1637 prior to the effectivity
of RA 6657 and in effect converted these lands into
residential use. Since the Natalia lands were converted prior
to 15 June 1988, DAR is bound by such conversion, and thus
it was an error to include these within the coverage of CARL.
Posted by Zsashing at 8:41 AM
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Labels: CARP and Jurisprudence, case digest, Comprehensive Agrarian Reform
Program, DAR, Inc. vs. Department of Agrarian Reform 225 SCRA 278 (1993),
law, law school, Natalia Realty

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Blog Archive
 ▼ 2014 (9)
o ▼ September (9)
 Central Mindanao University vs. Department of Agra...
 uz Farms vs. Secretary of the Department of Agrari...
 Natalia Realty, Inc. vs. Department of Agrarian Re...
 Scope of CARP
 Comprehensive Agrarian Reform Program
 Just Compensation (CARP)
 Land Acquisition
 Agricultural Leasehold
 Coverage of Comprehensive Agrarian Reform Law

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