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Sparing  SUC lands from agrarian reform vetoed

By J.Lo

“I am constrained to veto SUC Special Provision(s) Applicable to  SUCs, Special Provision No.  17, ‘Exclusion  of Lands Owned and Occupied by State Universities and Colleges from  Comprehensive Agrarian Reform Program,’Volume I-A, page 789, since it does not relate to any appropriation in the budget for the SUCs,” President Rodrigo Duterte has vetoed  exclusion of lands owned and occupied by the state colleges and universities (SUCs) from Comprehensive Agrarian Reform Program (CARP) under  P5.024-trillion budget law for 2022.

President Duterte’s rejection of such  provision was stated in his veto message on Republic Act 11639 or the General Appropriations Act of 2022 released by the Department of Budget and Management on Monday, January 3,2022.

“It is further noted that the subject matter of such provision is already covered by separate substantive law,” President Duterte added.

The President was referring to Section 10 of Republic Act 6657 or the Comprehensive Agrarian Reform Law of 1988 which states that “lands actually, directly and exclusively used and found to be necessary for parks, wildlife, forest reserves, reforestation, fish sanctuaries and breeding grounds, watersheds, and mangroves, national defense, school sites and campuses including experimental farm stations operated by public or private schools for educational purposes, seeds and seedlings research and pilot production centers, church sites and convents appurtenant thereto, mosque sites and Islamic centers appurtenant thereto, communal burial grounds and cemeteries, penal colonies and penal farms actually worked by the inmates, government and private research and quarantine centers and all lands with 18% slope and over, except those already developed, shall be exempt from the coverage of the Act.”

“I hereby veto certain provisions and proviso introduced in this budget which do not relate to particular appropriations or those that would effectively amend existing laws. Such provisions or proviso are considered “inappropriate provisions” which are derogations to the power to legislate substantive laws, thus, have no place in this GAA,” President Duterte said.

“Matters of general legislation are more appropriately dealt with in separate enactments,” he added.

Likewise, the President also vetoed 2022 budget provision which expands authorized credit facilities that will manage Agro-Industry Modernization Credit Financing Program under the Republic Act 8435 or Agriculture and Fisheries Modernization law.

The President argued that expanding such authority to thrift banks and universal/commercial banks, and  Non-Bank  Financial  Institutions  such as cooperatives, farmers or fisherfolk organizations or associations, agri­ fishery-based corporations is not needed because the Agriculture and Fisheries Modernization law already vested this power to cooperative banks, rural banks, government financial institutions and viable non-governmental organizations.

“The provisions of RA 8435, being a substantive law, shall prevail,” President Duterte said.

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