04/02/2020
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The key question lies in the character of the lands taken from CMU.
In CMU v.
Department of Agrarian Reform Adjudication Board (DARAB),[7] the DARAB, a
national government agency charged with taking both privately-owned and
government-owned agricultural lands for distribution to farmers-beneficiaries,
ordered the segregation for this purpose of 400 hectares of CMU lands. The Court
nullified the DARAB action considering the inalienable character of such lands, being
part of the long term functions of an autonomous agricultural educational
institution. Said the Court:
The construction given by the DARAB to Section 10 restricts the
land area of the CMU to its present needs or to a land area
presently, actively exploited and utilized by the university in
carrying out its present educational program with its present
student population and academic facility -- overlooking the very
significant factor of growth of the university in the years to come.
By the nature of the CMU, which is a school established to
promote agriculture and industry, the need for a vast tract of
agricultural land for future programs of expansion is obvious. At
the outset, the CMU was conceived in the same manner as land
grant colleges in America, a type of educational institution which
blazed the trail for the development of vast tracts of unexplored
and undeveloped agricultural lands in the Mid-West. What we now
know as Michigan State University, Penn State University and
Illinois State University, started as small land grant colleges, with
meager funding to support their ever increasing educational
programs. They were given extensive tracts of agricultural and
forest lands to be developed to support their numerous expanding
activities in the fields of agricultural technology and scientific
research. Funds for the support of the educational programs of
land grant colleges came from government appropriation, tuition
and other student fees, private endowments and gifts, and
earnings from miscellaneous sources. It was in this same spirit
that President Garcia issued Proclamation No. 476, withdrawing
from sale or settlement and reserving for the Mindanao
Agricultural College (forerunner of the CMU) a land reservation of
3,080 hectares as its future campus. It was set up in Bukidnon, in
the hinterlands of Mindanao, in order that it can have enough
resources and wide open spaces to grow as an agricultural
educational institution, to develop and train future farmers of
Mindanao and help attract settlers to that part of the country.
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The education of the youth and agrarian reform are admittedly
among the highest priorities in the government socio-economic
programs. In this case, neither need give way to the other.
Certainly, there must still be vast tracts of agricultural land in
Mindanao outside the CMU land reservation which can be made
available to landless peasants, assuming the claimants here, or
some of them, can qualify as CARP beneficiaries. To our mind, the
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