March 9, 1995

DAR OPINION NO. 08-95

ATTY. SALVADOR P. PEJO

PEJO, BUENVIAJE AND ORTEZA LAW OFFICES

131 Scout Gandia Street

Kamuning. Quezon City

Dear Atty. Pejo:

This has reference to your query regarding certain requirements in support of applications for exemption clearance under DAR Administrative Order No. 06, series of 1994, to wit:

1)        Certification from the Deputized Zoning Administrator that the land has been reclassified to residential, industrial or commercial use prior to June 15, 1988; and

2)        Certification from the HLURB that the pertinent zoning ordinance has been approved by the Board prior to June 15, 1988.

You wish to be clarified on whether both of the certifications aforementioned should be submitted as two separate and distinct certifications. Your contention on the matter is that an HLRB certification (such as the one appended to your letter) is sufficient and that there is no need for a certification from the Deputized Zoning Administrator, provided the HLRB certification covers the two elements of said requirements, namely; 1) that the landholding involved has been reclassified prior to June 15, 1988 and 2) that the zoning ordinance was approved or ratified by HLRB prior to said date. In essence, your view is that the certification of the HLRB Regional Director on the two elements would be sufficient.

Both certifications are required in order for an application for exemption clearance to be processed.

It is submitted that the certification regarding the reclassification of the land involved as non-agricultural prior to June 15, 1988 should come from the Deputized Zoning Administrator himself, as the same squarely falls within his jurisdiction. We wish to add in this connection that there have been instances in. the past where the Deputized Zoning Administrator's certification was in conflict with the certification issued by the Office of the HLRB Director on matters relating to the reclassification of landholdings under a zoning ordinance. The decision by DAR to require both certifications was in fact prompted by said experience. Moreover, if there has indeed been a reclassification of the property as non-agricultural by virtue of a zoning ordinance, we see no reason why the requisite certification of the Deputized Zoning Administrator could not be obtained.

We hope to have clarified the matter with you.

Very truly yours,

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