December 23, 1996

DAR OPINION NO. 144-96

PARO Ernesto A. Pamoceno

DAR Provincial Office

PMS Building, Urdaneta

Pangasinan

Dear PARO Pamoceno:

This has reference to your Memorandum inquiring whether or not you can perform the following actions as recommended by Atty. Eduardo A. Castro, Chief, Legal Division, to wit:

"In view of the foregoing, it is hereby recommended:

1)         That public bidding must be undertaken and have the lot awarded to the winner;

2)         That a Special Order must be issued designating the MARO as caretaker;

3)         That an action should be filed to the DARAB for the collection of unpaid lease rentals."

Said recommendation signifies that the Department thru Regional Office No. 1 and DAR Provincial Office, respectively administers and manages a lot located at Natividad, Pangasinan with an area of 7 has. more or less classified as mango orchard and allegedly being leased by the Barangay Council of Calapugan to a third person but no lease rentals were being paid and that it is further established that an Adhoc Committee was created to investigate and to prepare lease contract but none has yet been done up to this date.

At the outset, we wish to inform you that the DAR has no authority to administer such kind of properties. The authority of the DAR to administer as provided for in Sec. 4 (b) of Executive Order No. 129-A applies only to all cultivable portion of the public domain declared as alienable and disposable for agricultural purposes transferred to it by the Department of Environment and Natural Resources. Since the subject property does not fall within the category provided for, it goes without saying that said property is not within the domain of the DAR for administration purposes. The provision of Sec. 4(e) of the same E.O. is to the effect that once the DAR has acquired agricultural land, the administration being referred thereto, is for the purpose of distributing said land to qualified beneficiaries setforth in Sec. 22 of R.A. 6657. The functions of the Regional Offices and the Provincial Offices have been clearly enumerated in Sec. 24 and Sec. 25 of the said Executive Order.

As regards said landholding, since the DAR cannot administer such, we therefore advise you to initially identify qualified beneficiaries in order to effect the immediate distribution thereof.

Please be guided accordingly.

Very truly yours,

(SGD.) LORENZO R. REYES

OIC-Undersecretary
LAFMA

Copy furnished:

Atty. Eduardo S. Castro

Chief, Legal Division

DAR Regional Office No. I

San Fernando, La Union