Wednesday, February 10, 2016

Milestone Farm vs Office of the President [GR No. 182332, February 23, 2011]


FACTS: Petitioner is a corporation engaged in raising of cattle, pigs and other livestocks. In 1988, CARL took effect. In 1990, SC held in a case that agricultural lands devoted to livestock, poultry, and/or swine raising are excluded from CARP.

In 1993, the DAR issued DAR AO No. 9 setting forth rules and regulations to govern the exclusion of agricultural lands used for livestock, poultry, and swine raising from CARP coverage. Because of his AO, portion of the land of the petitioner was declared to be not excluded from the coverage of CARP.

ISSUE: Whether AO No. 9, setting forth rules and regulations to govern the exclusion of agricultural lands used for livestock, poultry, and swine raising from CARP coverage, is constitutional

RULING: No. The AO 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. 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 AO.




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