652 Phil. 501
CARPIO MORALES, J.:
- ...CLOA 6654, INSOFAR AS IT COVERS THE 3 PARCELS OF LAND WITH AN AGGREGATE AREA OF 103.1436 HECTARES, SHOULD BE CANCELLED IN VIEW OF THE FINAL AND EXECUTORY 02 APRIL 1996 COURT OF APPEALS DECISION EXEMPTING THE SAID PROPERTIES FROM THE COVERAGE OF THE COMPREHENSIVE AGRARIAN REFORM LAW (CARL).
- ...CLOA 6654, INSOFAR AS IT COVERS THE REMAINING 410 HECTARES, SHOULD BE CANCELLED PURSUANT TO SECTION IV (B) (10) OF DAR MEMORANDUM ORDER NO. 2, SERIES OF 1994.
- ...WITH THE CARP-EXEMPTION OF THE 9 PARCELS OF LAND WITH AN AGGREGATE AREA OF 45.9771 HECTARES, ROXAS' LIABILITY TO PAY DISTURBANCE COMPENSATION IS LIMITED TO ITS AGRICULTURAL LESSEES AND NOT TO ALL FARMER-BENEFICIARIES FOUND IN THE SUBJECT PROPERTIES PURSUANT TO REPUBLIC ACT NO. 3844, AS AMENDED, AND THE RULING IN BACALING VS. MUYA.
- ...THE ADDITIONAL CERTIFICATIONS WERE SUBMITTED TO PROVE THAT THE 51.5472-HECTARE PROPERTIES ARE CARP-EXEMPT, AND COROLLARILY, ADDRESS THE GROUNDS USED BY THEN DAR SECRETARY IN DENYING ROXAS' INITIAL EXEMPTION APPLICATION. THE ALLEGED INCONSISTENCIES ARE EITHER IMMATERIAL OR CAN BE READILY EXPLAINED.
- ...BASED ON THE EVIDENCE SUBMITTED BY ROXAS, THE 51.5472-HECTARE PROPERTIES SUBJECT OF ...G.R. NO. 179650 ARE CARP-EXEMPT. HENCE, THE PREMATURE INSTALLATION BY THE DAR OF SEVERAL FARMER-BENEFICIARIES IN THE PROPERTIES IS ILLEGAL.
- ...THE ROXAS LANDHOLDINGS SHOULD BE DECLARED EXEMPT FROM THE COVERAGE OF CARP.
- APPLYING DAR V. FRANCO..., THE ROXAS LANDHOLDINGS SHOOULD BE DECLARED CARP-EXEMPT IN VIEW OF THE PTA ENACTMENT DELINEATING SPECIFIC TOURISM AREAS.
- CONSISTENT WITH THE DAR EXEMPTION ORDER CITED IN THE FRANCO CASE AND THE SUBMISSION OF THE OFFICE OF THE SOLICITOR GENERAL..., THE ROXAS LANDHOLDINGS, WHICH ARE (A) LOCATED WITHIN THE PTA-IDENTIFIED TOURISM PRIORITY AREAS AND (B) INCLUDED IN THE NASUGBU TOURISM DEVELOPMENT PLAN, SHOULD BE DECLARED CARP-EXEMPT.
- WITH THE PTA ENACTMENT, THE ROXAS LANDHOLDINGS ARE CARP-EXEMPT FOLLOWING THE COURT'S PRONOUNCEMENT THAT "THE ONLY TIME [THE NATALIA AND ALLARDE CASES] MAY FIND APPLICATION IS WHEN THE PTA ACTUALLY IDENTIFIES WELL-DEFINED GEOGRAPHIC AREAS WITHIN THE ZONE WITH POTENTIAL TOURISM VALUE." [1]
I. THE [COURT] COMMITTED A REVERSIBLE ERROR IN RULING TO EXEMPT FROM CARP COVERAGE THE SUBJECT NINE (9) LOTS WITH ALLEGED AREA OF 45.9771 HECTARES OF HACIENDA PALICO BASED ON NASUGBU MUNICIPAL ZONING ORDINANCE NO. 4, SERIES OF 1982, NOTWITHSTANDING THE FACT THAT:
- ROXAS [& CO.] MISERABLY FAILED TO SHOW PROOF THAT THE SUBJECT ZONING ORDINANCE UNDER ZONE A. VII THEREOF, SPECIFICALLY DELINEATE THE SAID LOTS TO HAVE BEEN RE-CLASSIFIED TO NON-AGRICULTURAL USE;
- ROXAS [& CO.] HAS MERE FALSE CERTIFICATIONS ISSUED BY THE HLURB AND MPDC OF NASUGBU WHICH DO NOT FIND SUPPORT IN THE REFERRED MUNICIPAL ZONING ORDINANCE;
- ROXAS [& CO.] FAILED TO SUBMIT IN EVIDENCE THE COMPREHENSIVE LAND USE PLAN OF NASUGBU, BATANGAS PROVING SUCH RECLASSIFICATION TO NON-AGRICULTURAL USE OF SUBJECT LOTS PRIOR TO THE ENACTMENT OF R.A. 6657 ON JUNE 15, 1988; AND
- ROXAS [& CO.] MISERABLY FAILED TO IDENTIFY SUBJECT LOTS BOTH IN AREAS COVERED AND LOCATIONS.
II. GRANTING ARGUENDO THAT THE SUBJECT NASUGBU MUNICIPAL ZONING ORDINANCE NO. 4, SERIES OF 1982 IS A VALID BASIS FOR EXEMPTION FROM CARP COVERAGE OF SUBJECT PARCELS OF LAND, AND FURTHER GRANTING ARGUENDO THAT ROXAS WAS ABLE TO PROVE THAT THE SUBJECT LOTS ARE WITHIN THE PU[R]PORTED URBAN CORE ZONE..., STILL THE [COURT] COMMITTED A REVERSIBLE ERROR IN UPHOLDING THE COURT OF APPEALS AND THE DAR SECRETARY'[S] ORDER OF CARP EXEMPTION WITHOUT OBSERVING THE RIGHT OF THE FARMER-BENEFICIARIES TO PROCEDURAL DUE PROCESS.
Interpretative rule x x x x is promulgated by the administrative agency to interpret, clarify or explain statutory regulations under which the administrative body operates. The purpose or objective of an interpretative rule is merely to construe the statute being administered. It purports to do no more than interpret the statute. Simply, the rules tries to say what the statute means. Generally, it refers to no single person or party in particular but concerns all those belonging to the same class which may be covered by the said interpretative rule. It need not be published and neither is a hearing required since it is issued by the administrative body as an incident of its power to enforce the law and is intended merely to clarify statutory provisions for proper observance by the people. x x x x.[3] (Emphasis and underscoring supplied)
As regards the first ground raised by [DAMBA-NSFW], it should be remembered that an application for CARP-exemption pursuant to DOJ Opinion No. 44, series of 1990, as implemented by DAR Administrative Order No. 6, series of 1994, is non-adversarial or non-litigious in nature. Hence, applicant is correct in saying that nowhere in the rules is it required that occupants of a landholding should be notified of an initiated or pending exemption application.x x x x
With regard [to] the allegation that oppositors-movants are already CLOA holders of subject propert[ies] and deserve to be notified, as owners, of the initiated questioned exemption application, is of no moment. The Supreme Court in the case of Roxas [&] Co., Inc. v. Court of Appeals, 321 SCRA 106, held:
"We stress that the failure of respondent DAR to comply with the requisites of due process in the acquisition proceedings does not give this Court the power to nullify the CLOA's already issued to the farmer beneficiaries. x x x x. Anyhow, the farmer[-]beneficiaries hold the property in trust for the rightful owner of the land."
Since subject landholding has been validly determined to be CARP-exempt, therefore, the previous issuance of the CLOA of oppositors-movants is erroneous. Hence, similar to the situation of the above-quoted Supreme Court Decision, oppositors-movants only hold the property in trust for the rightful owners of the land and are not the owners of subject landholding who should be notified of the exemption application of applicant Roxas & Company, Incorporated.
Finally, this Office finds no substantial basis to reverse the assailed Orders since there is substantial compliance by the applicant with the requirements for the issuance of exemption clearance under DAR AO 6 (1994).[5]