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[2/2] Land Bank of the Philippines Vs. AMS Farming Corporation

[2/2] LAND BANK OF THE PHILIPPINES, Petitioner, versus AMS FARMING CORPORATION, Respondent.

G.R. No. 175832 | 2008-10-15

B. Substantive issues

The CARL does not absolutely prohibit lease agreements involving private agricultural lands.

The contentious provision of the CARL is Section 6 thereof which reads in full:

SEC. 6. Retention Limits. - Except as otherwise provided in this Act, no person may own or retain, directly or indirectly, any public or private agricultural land, the size of which shall vary according to factors governing a viable family-sized farm, such as commodity produced, terrain, infrastructure, and soil fertility as determined by the Presidential Agrarian Reform Council (PARC) created hereunder, but in no case shall retention by the...