December 23, 1996

DAR OPINION NO. 147-96

Mr. Reynaldo A. Jamison

Isulan, Sultan Kudarat

Dear Mr. Jamison:

This refers to your letter requesting for opinion as to whether the Deed of Assignment, Warranties and Undertaking (DAWU) annotated in your title (OCT No. (P-31417) P-5988) can be cancelled or if you can be paid under VOS pursuant to R.A. 6657.

As gleaned from your letter, the instant request was prompted by the delay in the payment of your land which was covered under Operation Land Transfer and the information from DAR that your Claim Folder was lost while in transit to DAR from the Land Bank of the Philippines (LBP).

We regret to inform you that sine your land had been covered under OLT, the annotations in your title can not be cancelled by reason of the non-payment of the compensation or the loss of the Claim Folder. Further, OLT covered lands cannot be subjected under the Voluntary Offer to Sell scheme as it is not a mode allowed under P.D. No. 27.

Anent the loss of the claim folder, we believe that a re-documentation is necessary for the completion of the additional documentary requirements pursuant to LTCC Res. No. 85-02-8 (per Certification issued by Atty. Ruben V. Mabagos, Asst. VP-LBP) and in order to expedite the processing of payment of the land compensation.

We hope to have clarified the matters with you.

Very truly yours,

(SGD.) LORENZO R. REYES

OIC-Undersecretary
LAFMA

Copy furnished:

USEC Hector D. Soliman