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Ros vs. DAR

The petitioners owned land that they prepared permits to develop as an industrial park. The local government issued a resolution reclassifying the land as industrial. However, the Department of Agrarian Reform sent a letter disallowing the reclassification as the land was subject to agrarian reform. The owners filed an injunction that was denied, and the Court of Appeals upheld this decision. The Supreme Court ruled that if the land was already covered under agrarian reform laws, reclassification required DAR confirmation. As the land was covered under the 1986 Comprehensive Reform Law, concurrence from DAR was needed before the local government could reclassify. The Supreme Court denied the petition.

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58 views1 page

Ros vs. DAR

The petitioners owned land that they prepared permits to develop as an industrial park. The local government issued a resolution reclassifying the land as industrial. However, the Department of Agrarian Reform sent a letter disallowing the reclassification as the land was subject to agrarian reform. The owners filed an injunction that was denied, and the Court of Appeals upheld this decision. The Supreme Court ruled that if the land was already covered under agrarian reform laws, reclassification required DAR confirmation. As the land was covered under the 1986 Comprehensive Reform Law, concurrence from DAR was needed before the local government could reclassify. The Supreme Court denied the petition.

Uploaded by

Jerico Godoy
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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JOSE LUIS ROS, ANDONI F. ABOITIZ, XAVIER ABOITIZ, ROBERTO E.

ABOITIZ, ENRIQUE ABOITIZ,


MATTHIAS G. MENDEZONA, CEBU INDUSTRIAL PARK DEVELOPERS, INC. and FBM ABOITIZ
MARINE, INC., Petitioners, vs. DEPARTMENT OF AGRARIAN REFORM, HON. ERNESTO
GARILAO, in his capacity as DAR Secretary, and DIR. JOSE LLAMES, in his capacity as Director
of DAR-Regional 7, Respondent.
(G.R. No. 132477: August 31, 2005)

FACTS OF THE CASE:


Petitioner owners/developers prepared permits for a certain parcel of land to be an industrial
park. The Cebu Local Government Units issued a resolution reclassifying the land into industrial
lands. Meanwhile, a letter from the Department received by the petitioners disallowed them to
permit such action on the ground that the said land in question shall be undergone to
Comprehensive Reform Program. Owners filed an injunction to the order of the DAR but were
subsequently denied for having no jurisdiction over the case. The Court of Appeals sustained
the order of the trial court.

ISSUES:
Whether the said land in question be subjected to reclassification only by the Local Government
Units?

HELD:
Without permission from the department, the reclassification cannot concur based in this case.

The Supreme Court ruled that "if the agricultural land sought to be reclassified by the local
government is one which has already been brought under the coverage of the Comprehensive
Agrarian Reform Law (CARL) and/or which has been distributed to agrarian reform
beneficiaries, then such reclassification must be confirmed by the DAR pursuant to its authority
under Section 6522 of the CARL, in order for the reclassification to become effective. After the
passage of Republic Act No. 6657, agricultural lands, though reclassified, have to go through the
process of conversion, jurisdiction over which is vested in the DAR. However, agricultural lands
already reclassified before the effectivity of Rep. Act No. 6657 are exempted from conversion”.

In this case, the Comprehensive Reform Law program commenced in 1986 where the case
covered it. Hence, the concurrence from the Department of Agrarian Reform before the Local
Government Units could act upon the reclassification.

The Supreme Court denied the petition.

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