SC: Land owned by Church not exempt from CARP

The Supreme Court has ruled that the agricultural land registered under the name of the Roman Catholic Archdiocese of Caceres (Camarines Sur) is not exempt from the Comprehensive Agrarian Reform Law (CARP).

In a 10-page decision penned by Associate Justice Presbitero Velasco Jr., the Court’s Second Division ruled that the argument raised by the archdiocese that they are just the administrator of the properties would not serve to remove these lands from the coverage of agrarian reform.

In issuing the decision, the Court denied for lack of merit the petition for review filed by the Archdiocese of Caceres questioning the Feb. 4, 1999 decision of the Court of Appeals (CA) that affirmed the Dec. 8, 1997 and June 10, 1998 orders of the Department of Agrarian Reform denying the Archdiocese’s petition for exemption from land reform.

“The lands in the Archbishop’s name are agricultural lands that fall within the scope of the law, and do not fall under the exemptions,” the Court said.

The Court also said that “the purpose of the agrarian reform law must not be hindered by the simple expedient of appending conditions to a donation of land or by donating land to a church.”

“This is not to cast aspersions on religious organizations, but it is not fitting for them to be used as vehicles for keeping land out of the hands of the landless. The law is indubitably in line with the charitable ideals of religious organizations to ensure that the land they own falls into the hands of able caretakers and owners,” the Court said.

Court records show that the Archdiocese is the registered owner of several properties in Camarines Sur with a total area of 268.5668 hectares. Of the total, 249.0236 hectares are planted with rice and corn and the remaining 19.5432 hectares planted with coconut trees.

In 1985, the Archdiocese of Caceres filed with the Municipal Agrarian Reform District Office No. 19 in Naga City, Camarines Sur several petitions for exemption of certain properties located in various towns of Camarines Sur from the coverage of operation land transfer (OLT) under Presidential Decree 27 (Decreeing the Emancipation of Tenants from the Bondage of the Soil, Transferring to Them the Ownership of the Land They Till and Providing the Instruments and Mechanism Therefore).

Two of the petitions were denied in an order dated Nov. 6, 1986 issued by DAR Region V director Juanito Lorena.

The Archdiocese then appealed the DAR order and sought exemption from the OLT coverage of all lands planted with rice and corn which are registered under its name. In seeking exemption, the Archdiocese argued that the properties are covered by conditional donations, that these are used for religious and charitable purposes, that these are needed for the preservation of the good relationship between the Church and the state through the non-infringement of the right to exercise religious profession and worship.

The Archdiocese also argued that the properties are used for the maintenance of the Cathedral and Peñafrancia Shrine, which now includes the Basilica Minore housing the image of the Our Lady of Peñafrancia.

The Archdiocese added that it is also amenable to continue the leasehold system with the present cultivators or tenants.

The appeal was denied by then DAR Secretary Ernesto Garilao in an order dated Dec. 8, 1997. A later motion for reconsideration was denied in an order dated June 10, 1998.

With the appeal denied by the DAR, the Archdiocese elevated the case to the appellate court and hoped that DAR’s orders would be reversed.

The petition was dismissed by the CA on Feb. 4, 1999. The Archdiocese then filed a motion for reconsideration but was denied in a June 18, 1999 resolution, prompting it to file a petition for review with the Supreme Court.