Luz Farms v. Sec. of DAR
Luz Farms v. Sec. of DAR
Luz Farms v. Sec. of DAR
Facts:
The President of the Philippines approved R.A. No. 6657, which includes
the raising of livestock, poultry and swine in its coverage. The
Secretary of Agrarian Reform then promulgated the Guidelines and
Procedures Implementing as embodied in Sections 11 (Commercial
Farms), 13 and 32 (Production and Profit Sharing) of R.A. No. 6657.
Luz Farms, petitioner in this case, is a corporation engaged in the
livestock and poultry business and together with others in the same
business allegedly stands to be adversely affected by the enforcement
of Section 3(b), Section 11, Section 13, Section 16(d) and 17 and
Section 32 of R.A. No. 6657.
Issue:
Whether the guidelines and rules mentioned above are constitutional,
insofar as the said law includes the raising of livestock, poultry and
swine in its coverage as well as the Implementing Rules and Guidelines
promulgated in accordance therewith.
Ruling:
The transcripts of the deliberations of the Constitutional Commission of
1986 on the meaning of the word "agricultural," clearly show that it was
never the intention of the framers of the Constitution to include livestock and
poultry industry in the coverage of the constitutionally-mandated agrarian
reform program of the Government.
Sections 3(b), 11, 13 and 32 of R.A. No. 6657 insofar as the inclusion of
the raising of livestock, poultry and swine in its coverage as well as the
Implementing Rules and Guidelines promulgated in accordance therewith,
are hereby DECLARED null and void for being unconstitutional and the writ of
preliminary injunction issued is hereby MADE permanent.