January 17, 1995

DAR OPINION NO. 02-95

Atty. Ceferino Padua

6th Floor, G. E. Antonino Building

T. M. Kalaw Street, Ermita

Manila

Dear Atty. Padua:

This is in connection with your letter on behalf of some seventy-four (74) members of the Batangas Agricultural Producers Association, Inc. (BAPA), which alleges that the DAR fieldmen have taken possession of their properties without due process, particularly the required notices and hearings. Specifically, you request that the corresponding orders be issued in pursuit of the following reliefs:

1.         All the CLOAs that have been issued in favor of the beneficiaries and outsiders covering the landholdings of the members of BAPA listed in subject letter be declared null and void for lack of jurisdiction and of due process;

2.         All proceedings conducted by the DAR as well as the field offices, in violation of procedural due process provided for by the Agrarian Reform Law and as ruled by the Court of Appeals in Fortune Securities, Inc. v. the DAR Secretary, et al. be likewise declared null and void; and

3.         The task force ala-eh, which was not constituted in accordance with law be revoked, dismantled and ordered to stop from operating within Balayan, Tuy and Calaca in Batangas; corollarily, the effects of its operations be further declared null and void.

We fully agree with your contention that in covering lands under the Comprehensive Agrarian Reform Law, due process must be observed, and this includes the sending of notices to landowners as required in DAR Administrative Order No. 01 Series of 1993. Indeed, the non-observance of procedural due process in the redistribution of lands under CARL constitutes a ground for the cancellation of the CLOAs covering said properties. Please note, however, that since the cancellation of the registered CLOAs falls within the jurisdiction of the DAR Adjudication Board pursuant to Rule II Section 1(f) of the DARAB New Rules of Procedure, your request for cancellation of CLOAs should be filed with the Provincial Adjudicator of Batangas. We further advise that your second request, which is to declare null and void the steps taken by DAR in violation of procedural due process, be incorporated in your complaint for cancellation, since both the request for cancellation and the declaration of nullity are anchored on the same ground of lack of due process.

As regards "Task Force Ala Eh" created under Special Order No. 442, Series of 1994, nowhere in said Special Order is there a declaration that the agricultural lands in the municipalities of Balayan, Tuy and Calaca in Batangas are priority land reform areas in the contemplation of Section 7 of RA 6657, hence the intention to implement CARL in said municipalities ahead of the schedules in Section 7 cannot be read therefrom. Moreover, a scrutiny of S. O. No. 442 reveals that "Task Force Ala Eh" was created to ensure the speedy and smooth implementation of CARL in the specified municipalities within the schedules outlined in Section 7, as well as to pinpoint responsibility therefor. We find this in keeping with DAR's mandate to complete CARL implementation within 10 years from its effectivity, and as such find no legal basis for revoking said Task Force nor for declaring null and void the effects of its operations.

We hope to have clarified matters with you.

Very truly yours,

(SGD.) HECTOR D. SOLIMAN
Assistant Secretary Legal Affairs Office