Constitutional Law

Buklod ng Magbubukid sa Lupaing Ramos, Inc. v. E.M. Ramos and Sons, Inc. (2011) Doctrine: A state may not impair vested rights by legislaGve enactment, by the enactment or by the subsequent repeal of a municipal ordinance, or by a change in the consGtuGon of the State, except in a legiGmate exercise of the police power. Facts: (WARNING: It’s a lengthy case.)

- Nature: Consolidated PeGGons for Review on CerGorari filed by the Buklod ng Magbubukid Sa Lupaing Ramos, Inc. (Buklod) and the Department of Agrarian Regorm (DAR), assailing a decision of the Court of Appeals in which it declared the parcels of land owned by E.M. Ramos and Sons, Inc. (EMRASON) in Cavite exempt from the coverage of the Comprehensive Agrarian Reform Program (CARP), thus, nullifying and seVng aside the Decision of the Office of the President.



- Several parcels of unirrigated land which form part of a larger expanse originally owned by the Manila Golf and Country Club was aquired by EMRASON for the purpose of developing the same into a residenGal subdivision known as "Traveller's Life Homes".



- The Municipal Council of Dasmariñas, Cavite, acGng pursuant to Republic Act No. 2264, otherwise known as the "Local Autonomy Act", enacted Municipal Ordinance No. 1 enGtled "An Ordinance Providing Subdivision RegulaGon and Providing PenalGes for ViolaGon Thereof." EMRASON applied for an authority to convert and development its property into a residenGal subdivision. Them Municipal Council of Dasmariñas, Cavite passed Municipal Ordinance No. 29-A approving EMRASON's applicaGon.



- The actual implementaGon of the subdivision project suffered delay because the property was mortgaged to, and the Gtles thereto were in the possession of, the Overseas Bank of Manila, which during the period material was under liquidaGon.



- On June 15. 1988, Republic Act No. 6657, otherwise known as the Comprehensive Agrarian Reform Law or CARL, took effect, ushering in a new

process of land classificaGon, acquisiGon and distribuGon. Then came the Aquino government's plan to convert the tenanted neighboring property of the NaGonal Development Company (NDC) into an industrial estate to be managed through a joint venture scheme by NDC and the Marubeni CorporaGon. Part of the overall conversion package called for providing the tenant-farmers, opGng to remain at the NDC property, with three hectares each. However, the size of the NDC property turned out to be insufficient for both the demands of the proposed industrial project as well as the government's commitment to the tenant-farmers. To address this commitment, the Department of Agrarian Reform (DAR) was thus tasked with acquiring addiGonal lands from the nearby areas. The DAR earmarked for this purpose the subject property of EMRASON. DAR Secretary Benjamin Leong sent out the first of four batches of noGces of acquisiGon, each of which drew protest from EMRASON.

- EMRASON filed with the DARAB separate peGGons to nullify the noGces. The Legal Division of DAR rendered a decision declaring as null and void all the noGces of acquisiGons, observing that the property covered thereby is, pursuant to Department of JusGce (DOJ) Opinion No. 44, series of 1990, exempt from CARP. Supposedly, this was pursuant to a DOJ Opinion rendered by then JusGce Secretary Franklin Drilon, clarifying that lands already converted to nonagricultural uses before June 15, 1988 were no longer covered by CARP.



- Region IV DAR Regional Director motu propio elevated the case to the Office of the Agrarian Reform Secretary. DAR Secretary Ernesto Garilao issued an order affirming the NoGces of AcquisiGon!MR denied -> Appeal to the Office of the President



- Appeal dismissed by OP because EMRASON’s property has supposedly remained agricultural in classificaGon and thus within the coverage of the CARP because it failed to comply with the mandatory requirements and condiGons of Municipal Ordinance Nos. 1 and 29-A, specifically, among others, the need for approval of the NaGonal Planning Commission through the Highway District Engineer, and the Bureau of Lands before final submission to the Municipal Council and Municipal Mayor, and there was a cerGficaGon of the Human Seilements Regulatory Commission (HSRC) in 1981 and the Housing and Land Use Regulatory Board (HLRB) in 1992 that the property is agricultural!MR

denied!PeGGon for Review with the CA

- DAR had already prepared CerGficates of Land Ownership Award (CLOAs) to distribute the subject property to farmer-beneficiaries. However, a writ of preliminary injuncGon issued by the Court of Appeals

enjoined the release of the CLOAs. Buklod, on behalf of the alleged 300 farmerbeneficiaries of the subject property, filed a ManifestaGon and Omnibus MoGon, wherein it moved that it be allowed to intervene as an indispensable party. - Court of Appeals ruled in favor of EMRASON because the subject property was already converted/classified as residenGal by the Municipality of Dasmariñas prior to the effecGvity of the CARL. The appellate court reasoned mainly that “...the municipality, conformably with its statutory-conferred local autonomy, had passed a subdivision measure, I.e., Ordinance No. 1, and had approved in line thereto, through the medium of Ordinance No. 29-A, [EMRASON's] applicaGon for subdivision, or with like effect approved the conversion/classificaGon of the lands in dispute as residenGal. Significantly, the Municipal Mayor of Dasmariñas, Cavite, in his leier of September 23, 1988 to [EMRASON], clarified that such conversion conforms with the approved development plan of the municipality”. (If interested in the discussion at CA level, please read the case) PeGGoner’s arguments: - DAR: o The subject property could be compulsorily acquired by the State from EMRASON and distributed to qualified farmer-beneficiaries under the CARP since it was sGll agricultural land when the CARP became effecGve on June 15, 1988. Ordinance Nos. 1 and 29-A, approved by the Municipality of Dasmariñas on July 13, 1971 and July 9, 1972, respecGvely, did not reclassify the subject property from agricultural to nonagricultural. The power to reclassify lands is an inherent power of the NaGonal Legislature under SecGon 9 of Commonwealth Act No. 141, otherwise known as the Public Land Act, as amended, which, absent a specific delegaGon, could not be exercised by any local government unit (LGU). The Local Autonomy Act of 1959 - in effect when the Municipality of Dasmariñas approved Ordinance Nos. 1 and 29-A - merely delegated to ciGes and municipaliGes zoning authority, to be understood as the regulaGon of the uses of property in accordance with the exisGng character of the land and structures. It was only SecGon 20 of Republic Act No. 7160, otherwise known as

the Local Government Code of 1991, which extended to ciGes and municipaliGes limited authority to reclassify agricultural lands. o Even conceding that ciGes and municipaliGes were already authorized in 1972 to issue an ordinance reclassifying lands from agricultural to non-agricultural, Ordinance No. 29-A of the Municipality of Dasmariñas was not valid since it failed to comply with SecGon 3 of the Local Autonomy Act of 1959, SecGon 16(a) of Ordinance No. 1 of the Municipality of Dasmarinas, and AdministraGve Order No. 152, which all required review and approval of such an ordinance by the NaGonal Planning Commission (NPC). Subsequent developments further necessitated review and approval of Ordinance No. 29-A by the Human Seilements Regulatory Commission (HSRC), which later became the Housing and Land Use Regulatory Board (HLURB). o Reliance by the Court of Appeals on Natalia Realty, Inc. v. Department of Agrarian Reform is misplaced because the lands involved therein were converted from agricultural to residenGal use by PresidenGal ProclamaGon No. 1637, issued pursuant to the authority delegated to the President under SecGon 71, et seq., of the Public Land Act. - Buklod: o Prior to Ordinance Nos. 1 and 29-A, there were already laws implemenGng agrarian reform, parGcularly: (1) Republic Act No. 3844, otherwise known as the A