July 15, 1997
DAR OPINION NO. 80-97
Director Nestor R. Acosta
DAR, Regional Office No. I
Lingsat, San Fernando
La Union
Dear Director Acosta:
This has reference to your letter with the following queries, to wit:
1) Whether or not the Regional Director has the authority to grant the request of the Barangay Pastoral Council of Pilar, Sta. Maria, Pangasinan to construct a Barangay Roman Catholic Chapel on a 150 square meter portion of a lot under the administration of DAR; and
2) If the answer to the above question is in the affirmative, under what mode of transfer shall the request be conveyed (award or donation)?
You state that Mr. Feliciano Pascual, President of Barangay Pastoral Council of Pilar, Sta. Maria, Pangasinan requested for the construction of a Barangay Chapel in a portion of a lot under the administration of the Department in Sta. Maria, Pangasinan; that the Department, more particularly the Provincial Office of Pangasinan, has under its administration varied number of lots which up to now have not yet been distributed to farmer-beneficiaries owing to their present nature (orchard and/or residential); that one of the lots in question adjoins the area where the Municipal Agrarian Reform Office of Sta. Maria, Pangasinan is situated; and that you wish to be updated on the latest policy and/or guidelines relative to the administration of these lots.
Please be clarified at the outset that under Sec. 4 (b) of Executive Order No. 129-A entitled, "Modifying Executive Order No. 129 Reorganizing and Strengthening Department of Agrarian Reform and for Other Purposes", it provides that: "The Department shall be responsible for implementing the Agrarian Reform Program and for such purpose, it is authorized to:
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b) Administer and dispose all cultivable portions 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 by law, it goes without saying that said property is not within the domain of DAR for administration purposes. In this regard, you are hereby advised to refrain from exercising acts of administration over said property.
Corollarily, anent your first query, the Regional Director is without authority to grant said request for the construction of a Barangay Roman Catholic Chapel on a 150 square meter portion of said lot. The specific duties and functions of a Regional Director has been clearly set forth under Sec. 24 of E.O. No. 129-A wherein the granting of such request is not among those mentioned in said section.
As regards your wish to be updated on the latest policy and/or guidelines relative to the administration of the subject lots, we are furnishing you herewith DAR Opinion No. 144, Series of 1996 for your ready reference.
Please be guided accordingly.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
PARO Ernesto A. Pamoceno
DAR, Urdaneta, Pangasinan
MARO Romeo Batalla
DAR, Sta. Maria, Pangasinan
Mr. Feliciano Pascual
President, Barangay Pastoral Council
Pilar, Sta. Maria, Pangasinan