GR 93100; (June, 1997) (Digest)
G.R. No. 93100 & G.R. No. 97855 June 19, 1997
ATLAS FERTILIZER CORPORATION, petitioner, vs. THE HONORABLE SECRETARY OF THE DEPARTMENT OF AGRARIAN REFORM, respondent. and PHILIPPINE FEDERATION OF FISHFARM PRODUCERS, INC. petitioner, vs. THE HONORABLE SECRETARY OF THE DEPARTMENT OF AGRARIAN REFORM, respondent.
FACTS
The consolidated petitions question the constitutionality of certain provisions of Republic Act No. 6657 (Comprehensive Agrarian Reform Law or CARL). Petitioners Atlas Fertilizer Corporation, Philippine Federation of Fishfarm Producers, Inc., and intervenors Archie’s Fishpond, Inc. and Arsenio Al. Acuna, who are engaged in aquaculture using fishponds and prawn farms, assail Sections 3(b), 11, 13, 16(d), 17, and 32 of R.A. 6657, as well as the implementing guidelines in Administrative Order Nos. 8 and 10 Series of 1988 issued by the Secretary of Agrarian Reform. Petitioners argue these provisions violate the Constitution by: (1) extending agrarian reform to aquaculture lands which are not “agricultural lands” under Section 4, Article XIII; (2) violating the equal protection clause by treating aquaculture lands similarly to agricultural lands and differently from other industrial lands; (3) distorting employment benefits contrary to the mandate to promote equality in economic opportunities; and (4) depriving petitioners of their government-induced investments and the right to reasonable returns.
ISSUE
Whether the assailed provisions of R.A. 6657 (CARL) are unconstitutional insofar as they include lands devoted to aquaculture, particularly fishponds and prawn farms, within the coverage of agrarian reform.
RULING
The petitions are DISMISSED. The issue has become moot and academic with the passage of Republic Act No. 7881 on February 20, 1995. R.A. 7881 amended CARL, and its pertinent provisions expressly state that private lands actually, directly, and exclusively used for prawn farms and fishponds are exempt from CARL’s coverage. Specifically, Section 2 of R.A. 7881 amends Section 10 of CARL to provide this exemption. Furthermore, Section 1 of R.A. 7881 amends the definition of “Agriculture, Agricultural Enterprise or Agricultural Activity” in Section 3(b) of CARL, and Section 3 amends Section 11 on commercial farming, thereby removing fishponds and prawn farms from the compulsory acquisition scheme. Consequently, the constitutional challenge to the original provisions of CARL as they pertained to aquaculture lands is rendered moot by this subsequent legislation.