SECOND DIVISION
[G.R. No. 200386. March 10, 2014.]
SECRETARY OF THE DEPARTMENT OF AGRARIAN REFORM, petitioner, vs. TAGAYTAY-TAAL TOURIST DEVELOPMENT CORPORATION, respondent.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 10 March 2014which reads as follows:
G.R. No. 200386 (Secretary of the Department of Agrarian Reform v. Tagaytay-Taal Tourist Development Corporation).
After a judicious review of the records, the Court resolves to DENY the instant petition and AFFIRM the June 17, 2011 Decision 1 and January 24, 2012 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 100643 for failure of the Secretary of the Department of Agrarian Reform then Department of Agrarian Reform Secretary Nasser C. Pangandaman (petitioner) to sufficiently show that the CA committed any reversible error in holding that respondent Tagaytay-Taal Tourist Development Corporation's Lots 10-C and 10-D are exempt from the coverage of Republic Act No. (RA) 6657 or the "Comprehensive Agrarian Reform Law of 1988" (CARP).
Section 10 of RA 6657 explicitly provides that all lands with eighteen percent (18%) slope and over, except those already developed, shall be exempt from CARP coverage. In this case, it is undisputed that both Lots 10-C and 10-D have more than 18% slope. Moreover, it cannot be said that they were agriculturally developed as of June 10, 1988, the date RA 6657 took effect, absent any substantial evidence to support the same. On the contrary, the certifications of the various government agencies disclosed that there were no agricultural activities in the area nor were the subject lots irrigated. Further, the third inspection report revealed that the subject lots were not economically feasible for agricultural purposes. 3 aHCSTD
SO ORDERED.
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1. Rollo, pp. 61-69. Penned by Associate Justice Mario V. Lopez, with Associate Justices Magdangal M. De Leon and Socorro B. Inting, concurring.
2. Id. at 71-74.
3. Id. at 66-67.