Beruflich Dokumente
Kultur Dokumente
Facts: Several parcels of unirrigated land (303.38545 hectares) were situated at Issue: whether or not the subject property is within the coverage of CARP
Barangay Langkaan, Dasmariñas, Cavite. Originally owned by the MAnila
Golf and Country Club, he property was aquired by the [herein repondent
Ruling: No. The Supreme Court held that CARP coverage is limited to
EMRASON] in 1965 for the purpose of developing the same into a residential
agricultural land. More specifically, the following lands are covered by the
subdivision known as "Traveller's Life Homes". Municipal Council of Cavite,
CARP:(a) All alienable and disposable lands of the public domain devoted to or
enacteed Municipal Ordinance No. 1, hereinafter referred to as Ordinance No. 1,
suitable for agriculture.;(b) All lands of the public domain in excess of the
entitled "An Ordinance Providing Subdivision Regulation and Providing Penalties
specific limits as determined by Congress in the preceding paragraph;(c) All other
for Violation Thereof."E.M. Ramos and Sons, Inc., applied for an authority to
lands owned by the Government devoted to or suitable for agriculture; and(d) All
convert and development its aforementioned 372-hectare property into a
private lands devoted to or suitable for agriculture regardless of the agricultural
residential subdivision, ataching to the application detailed development plans and
products raised or that can be raised thereon.Section 3(c), Chapter I of the CARL
development proposals from Bancom Development Corporation and San Miguel
further narrows down the definition of agricultural land that is subject to CARP
Corporation. On June 15. 1988, Republic Act No. 6657, otherwise known as the
to "land devoted to agricultural activity as defined in this Act and not classified as
Comprehensive Agrarian Reform Law or CARL, took effect, ushering in a new
mineral, forest, residential, commercial or industrial land."The CARL took effect
process of land classification, acquisition and distribution.
on June 15, 1988. To be exempt from the CARP, the subject property should have
Secretary Benjamin Leong sent out the first of four batches of notices of
already been reclassified as residential prior to said date.furher, LGUs are
acquisition to EMARSON.EMRASON] filed with the Department of Agrarian
empowerd to have zonal classification. Zoning classification is an exercise by the
Reform Adjudication Board (DARAB), Region IV, Pasig, Metro Manila, separate
local government of police power, not the power of eminent domain. A zoning
petitions to nullify the first three sets of the above notices. Legal Division of DAR
ordinance is defined as a local city or municipal legislation which logically
rendered a decision declaring as null and void all the notices of acquisitions. At
arranges, prescribes, defines, and apportions a given political subdivision into
this juncture, the DAR had already prepared Certificates of Land Ownership
specific land uses as present and future projection of needs. Since the land was
Award (CLOAs) to distribute the subject property to farmer-beneficiaries.
already reclassified before the CARL tooke effect, it will not therefore be
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included under the coverage of the law.
the SC denied the petition.
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