March 23, 1995

DAR OPINION NO. 09-95

Atty. Epifania Gonzales-Obias

2nd Floor Ombao Building

Old San Roque, Pili

Camarines Sur

Sir:

This has reference to your request for clarification/opinion regarding the registration of the sale of an OLT land in favor of your client, Emelita Sy.

We regret to inform that registration of subject sale must be held in abeyance.

We submit that the last sentence of Section 6 of E.O. 228 providing that the ownership of lands acquired by beneficiaries may be transferred after full payment of amortizations does not operate as a blanket authority for the indiscriminate transfer of OLT lands, and that certain criteria (other than full payments) which are set forth in CARL must be satisfied in order for said transfer to be legally effected.

DAR is presently in the process of finalizing the guidelines intended to clarify the provisions of P.D. 27, E.O. 228 and R.A. 6657 on the transferability of awarded lands. We shall furnish you with a copy of said guidelines as soon as possible.

Very truly yours,

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