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on G.R. No. 162070, Oct. 19, 2005, 473 SCRA 392 (2005) - BVR & ASSOCIATES
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Case Digest: DAR vs. Sutton G.R. No.
July 2021
(2005)
May 2021
January 2021
December 2020
7/10/2020
November 2020
0 COMMENTS
October 2020
September 2020
August 2020
Facts:
July 2020
The case at bar involves a land in Aroroy, Masbate, inherited by respondents which has been devoted
June 2020
exclusively to cow and calf breeding. On October 26, 1987, pursuant to the then existing agrarian reform
April 2020
program of the government, respondents made a voluntary offer to sell (VOS) their landholdings to
March 2020
October 2019
September 2019
August 2019
March 2018
In view of the Luz Farms ruling, respondents filed with petitioner DAR a formal request to withdraw their
VOS as their landholding was devoted exclusively to cattle-raising and thus exempted from the coverage
of the CARL. MARO inspected respondents’ land and found that it was devoted solely to cattle-raising and Categories
breeding. He recommended to the DAR Secretary that it be exempted from the coverage of the CARL.
All
DAR ignored their request. DAR issued A.O. No. 9, series of 1993, which provided that only portions of
Agrarian Law
private agricultural lands used for the raising of livestock, poultry and swine as of June 15, 1988 shall be
Articles-of-incorporation
excluded from the coverage of the CARL. In determining the area of land to be excluded, the A.O. fixed the
By-laws
Constitutional Law
DAR Secretary Garilao issued an Order partially granting the application of respondents for exemption
Criminal Law
from the coverage of CARL. Respondents moved for reconsideration. They contend that their entire
Law
landholding should be exempted as it is devoted exclusively to cattle-raising. Their motion was denied.
Relations
On appeal, the Court of Appeals ruled in favor of the respondents. It declared DAR A.O. No. 9, s. 1993, void
for being contrary to the intent of the 1987 Constitutional Commission to exclude livestock farms from
the land reform program of the government
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9/1/2021 Case Digest: DAR vs. Sutton G.R. No. 162070, Oct. 19, 2005, 473 SCRA 392 (2005) - BVR & ASSOCIATES
Held:
YES. In the case at bar, we find that the impugned A.O. is invalid as it contravenes the Constitution. The
A.O. sought to regulate livestock farms by including them in the coverage of agrarian reform and
prescribing a maximum retention limit for their ownership. However, the deliberations of the 1987
Constitutional Commission show a clear intent to exclude, inter alia, all lands exclusively devoted to
livestock, swine and poultry- raising. The Court clarified in the Luz Farms case that livestock, swine and
poultry-raising are industrial activities and do not fall within the definition of "agriculture" or "agricultural
activity." The raising of livestock, swine and poultry is different from crop or tree farming. It is an industrial,
not an agricultural, activity. A great portion of the investment in this enterprise is in the form of industrial
fixed assets, such as:animal housing structures and facilities, drainage, waterers and blowers, feedmill with
grinders, mixers, conveyors, exhausts and generators, extensive warehousing facilities for feeds and other
supplies, anti-pollution equipment like bio-gas and digester plants augmented by lagoons and concrete
ponds, deepwells, elevated water tanks, pumphouses, sprayers, and other technological appurtenances.15
Clearly, petitioner DAR has no power to regulate livestock farms which have been exempted by the
Constitution from the coverage of agrarian reform. It has exceeded its power in issuing the assailed A.O.
The subsequent case of Natalia Realty, Inc. v. DAR16 reiterated our ruling in the Luz Farms case. In Natalia
Realty, the Court held that industrial, commercial and residential lands are not covered by the CARL.17
We stressed anew that while Section 4 of R.A. No. 6657 provides that the CARL shall cover all public and
private agricultural lands, the term "agricultural land" does not include lands classified as mineral, forest,
residential, commercial or industrial. Thus, in Natalia Realty, even portions of the Antipolo Hills
Subdivision, which are arable yet still undeveloped, could not be considered as agricultural lands subject to
agrarian reform as these lots were already classified as residential lands.
A similar logical deduction should be followed in the case at bar. Lands devoted to raising of livestock,
poultry and swine have been classified as industrial, not agricultural, lands and thus exempt from agrarian
reform.
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