SECTION 3. Definitions.

For the purpose of this Act, unless the context indicates

otherwise:

(a) Agrarian Reform means redistribution of lands, regardless of crops or fruits

produced, to farmers and regular farmworkers who are landless, irrespective of
tenurial arrangement, to include the totality of factors and support services
designed to lift the economic status of the beneficiaries and all other
arrangements alternative to the physical redistribution of lands, such
as production or profit-sharing, labor administration, and the distribution of
shares of stocks, which will allow beneficiaries to receive a just share of the
fruits of the lands they work.

Note;
Basically, agrarian reform is land reform- the transfer of ownersip and
control of agricultural land to actual tillers, plus a package of support
services ( credit extension, irrigation, roads, bridges, marketing facilities,
human resource and institutional developments.

(b) Agriculture, Agricultural Enterprise or Agricultural Activity means the cultivation of

the soil, planting of crops, growing of fruit trees, raising of livestock, poultry or fish,
including the harvesting of such farm products, and other farm activities and practices
performed by a farmer in conjunction with such farming operations done by person
whether natural or juridical.

While RA 6657 itself has been held constitutional, the SC in a subsequent case,
Luz Farms v. Sec. of DAR (192 SCRA 51) declared unconstitutional section 3 (b),
10 and 11 thereof insofar as it includes lands devoted to the raising of livestock ,
swine and poultry within its coverage since based on the transcript of the
deliberations of the Constitutional Commission, it was never the intention of the
framers to include livestock and poultry in the coverage of the CARP. As a result
of this ruling Congress enacted RA 7881 of 1995, incorporating new provisions
by removing livestock, swine and poultry from CARP coverage.

In the wake of this ruling, the DAR issued AO 9, series of 1994 which imposed 2
conditions in order that these lands may be exempted:

1. That the land or portion thereof is actually, directly and exclusively used
for poultry, swine and livestock raising as of June 15, 1988 up to the
present; and
2. The farm must satisfy the ratio of swine, poultry and livestock ratios as
defined in the said AO.
However, subsequent thereto was the case of DAR v. DELIA SUTTON GR NO.
162070, Oct. 19, 2005.

(c) Agricultural Land refers to land devoted to agricultural activity as defined in this Act
and not classified as mineral, forest, residential, commercial or industrial land.

Note: Compare this with the definition of agricultural land under RA 3844 which defines
agri lands as :

Lands devoted to any growth, including but not limited to crop

lands, saltbeds, fishponds, idle land, and abandoned land ( RA
3844, Section 166, par. 1). It refers to lands devoted to or
suitable for the cultivation of the soil, planting of crops, growing
of trees, raising of livestocks, poultry, fish or aqua culture
production, including the harvesting of such farm products and
other farm activities and practices, performed in conjunction with
such farming operations by persons whether natural or juridical.

Note:

In the Luz Farms case, the SC noted the use of the term arable and suitable as
the intent of the framers of the Consitution in defining what an agricultural land is
for the purpose of agrarian reform. The use of the land was merely incidental to
but not the principal factor or consideration of the productivity of the industry.

It should be noted that under the Constitution, lands of the public domain may
are classified into agriculturual, forest or timber, mineral lands and national
parks. These classifications are referred to as PRIMARY CLASSIFICATIONS or
CLASSIFICATIONS OF THE FIRST INSTANCE. The responsibility of primary
classification of lands of the public domain is vested in the President who
exercises such power upon recommendation of the DENR (CA 141).

The same provision of the Constitution also provides that agri lands of the public
domain may be further reclassified according to the usage to which they are devoted.
This further classification of agri lands is referred to as SECONDARY
CLASSIFICATION. The authority to reclassify lands into res., commercial and
industrial lands is lodged in cities and municipalities by virtue of RA 7160 of 1991.

Thus, what about lands reclassified by LGU into forest conservation zones?

I reclassified as such even prior to the effectivity of the CARP, the land does not
become forest land under Section 3 (c) as to be exempted from coverage.
Reclassification LGUs of agri lands into forest conservation lands do not have
the effect of converting such lands into forest lands For the following reasons:

1. Agricultural land is already a primary classification and hence, can only be

subjected to secondary classification;
2. LGUs have no authority nor power to make primary classification
considering that said power is the sole prerogative of the President,

The forest and mineral lands referred to in Section 3 (c) of RA 6657 is therefor to
be understood as referring to forest or mineral lands decided to be such by the
Pres./DENR and not by the LGU and not classified in town plans and zoning
ordinances (duly approved by the HLURB) prior to June 15, 1988 for residential,
commercial and industrial use (DAR AO 1 of 1990)

Forest lands, explained:

Forests- defined as a large track of land covered by a natural growth of trees and
underbrush . Under the Public Land Act, the term forest is otherwise known as
timberland.

Forested areas classified as forest or timber lands does not lose its character
simply because it has been stripped of trees by loggers. It may even be covered
with grass or planted to crops because of kaingin practices. It need not be in the
mountains or faraway places. Swampy areas covered by mangrovea, nipa trees
growing in brackish or sea water may also be classified as forest lands.

The classification is descriptive of its legal nature or status and not have to be
descriptive of what the land actually looks like.

AGRI LANDS RECLASSIFIED BY THE LGU INTO RESIDENTIAL, COMMERCIAL

AND INDUSTRIAL.

Taking into consideration the effectivity of the law, the secondary classification
mentioned in Section 3 (c) are treated according to whether they were classified
as such before or after the effectivity of the law on June 15, 1988.

If the agri land was reclassified a res, commercial and industrial by the LGU and
approved by the HLURB or its predecessor agencies prior to June 15, 1988, the
land will be so recognized under Section 3 (c) of RA 6657 and therefore not
covered by the CARP. However, an exemption clearance is still necessary to be
secured from the DAR to confirm its exempt status.

This is based on DOJ Opinion no 44 of 1990 which provides that with respect to
the conversion of agri lands covered by the CARP to non agr uses, the authority