32. Sta. Rosa Realty Development Corp vs.

Court of Appeals

Facts:

This is a petition involving a Department of Agrarian Reform Adjudication Board (DARAB) order of
compulsory acquisition against petitioner’s property under the Comprehensive Agrarian Reform Program
(CARP). Petitioner was the registered owner of 2 parcels of land in Cabuyao Laguna. Allegedly, the lands
are watersheds providing potable water to the Canlubang community and that 90 light industries are in
that area. Since said land provides water to the residents, respondents sought an easement of a right of
a way to and from Barangay Castile, to which, by counterclaim, Sta. Rosa sought ejectment against
respondents. Respondents went to the DAR and filed a case for compulsory acquisition of the Sta. Rosa
Property under the Comprehensive Agrarian Reform Program. The Municipal and Agrarian Reform Officer,
in consensus with authorities concerned, decided that said land must be placed under compulsory
acquisition. Petitioners filed an objection alleging that area is not appropriate for agricultural purposes
because of its rugged terrain with slopes 18% and above.

Issues:

1. WON the parcels of land fall within the coverage of the Compulsory Acquisition Program of the CARP?

2. WON the petition of land conversion of the parcels of land may be granted?

Ruling:

Issue 1.

Article 67 of the Water Code provides that any watershed may be declared by DENR as a protected
area. DENR, however, did not declare the land as a protected area under the present case. To the contrary,
the municipality issued a resolution declaring said land as an agricultural land. It falls then within the
coverage of CARP.

Issue 2.

The Supreme Court opined that the area must be maintained for watershed purposes despite the
plight of 88 families who are beneficiaries of the CARP. It, however, remanded the case to DARAB for re-
evaluation since the said land falls under certain exceptions.