Case Summary (G.R. No. 180471)
Facts of the Case
Alangilan Realty & Development Corporation sought exemption for its 17.4892-hectare landholding located in Barangays Alangilan and Patay, Batangas City, from the coverage of the Comprehensive Agrarian Reform Program (CARP). The petitioner based its application on a zoning classification that designated the land as reserved for residential use in 1982 and subsequently reclassified it as residential-1 in 1994. However, the Department of Agrarian Reform noted that the land remained classified as agricultural when the CARP became effective on June 15, 1988.
Proceedings Before the DAR
On May 6, 1997, then DAR Secretary Ernesto Garilao denied petitioner's application for exemption, stating that the landholdings remained agricultural despite the local reclassification. The secretary's decision emphasized that "reserved for residential" does not equate to actual conversion to residential status, which requires a specific classification. The petitioner’s subsequent motions for reconsideration were also rejected, leading to an appeal to the Office of the President, which upheld the DAR’s findings.
Appeal to the Court of Appeals
Petitioner further appealed to the Court of Appeals, which dismissed the petition on August 28, 2007. The CA found that the Alangilan landholding was still engaged in agricultural activities both before and after the CARP's implementation and noted the absence of a conversion clearance, which was a prerequisite for declaring the land as residential.
Petitioner’s Arguments
In its appeal, the petitioner contended that the land was already converted to non-agricultural use prior to the establishment of CARP, arguing that the 1982 zoning ordinance supported this claim. The petitioner also referenced the ruling in Natalia Realty, where lands converted to residential use were determined to be outside CARP coverage. The petitioner maintained that the reclassification to residential-1 in 1994 should exempt the land from CARP.
Ruling of the Court
The Supreme Court ultimately concurred with the lower courts, holding that the Alangilan landholding was not exempt from CARP coverage. It reaffirmed the DAR Secretary’s interpretation that “reserved for residential” was a
...continue readingCase Syllabus (G.R. No. 180471)
Case Overview
- This case involves a petition for review on certiorari filed by Alangilan Realty & Development Corporation (petitioner) against the Office of the President (represented by Alberto Romulo) and the Department of Agrarian Reform (respondents).
- The petition challenges the August 28, 2007 Decision and the November 12, 2007 Resolution of the Court of Appeals (CA) in CA-G.R. SP No. 76525.
Background of the Case
- Petitioner is the owner and developer of a 17.4892-hectare land in Barangays Alangilan and Patay, Batangas City, referred to as the Alangilan landholding.
- On August 7, 1996, the petitioner filed an Application for Exclusion/Exemption from Comprehensive Agrarian Reform Program (CARP) Coverage concerning the Alangilan landholding.
- The application was based on prior classifications that designated the land as reserved for residential use under zoning ordinances approved in 1982 and reclassified in 1994.
Administrative Proceedings
- The Municipal Agrarian Reform Office (MARO) of the Department of Agrarian Reform (DAR) received the application, which included a certification from the Zoning Administrator.
- On May 6, 1997, DAR Secretary Ernesto Garilao denied the application, asserting that the land was still classified as agricultural as of February 15, 1993, despite its reservation for residential use.
- The Secretary's ruling emphasized that "reserved for residential" does not equate to a change in land use from agricultural to