April 6, 1995
DAR OPINION NO. 15-95
MARO Herminia G. Briñan
Department of Agrarian Reform
Digos, Davao Del Sur
Dear MARO Briñan:
This has reference to your letter requesting opinion of this office on the following queries:
1. To whom should the Notice of CARP coverage be sent — the heirs of the deceased landowner-spouses or the vendees in the unregistered Deed of Sale with Assumption of Mortgage?
2. Can the vendees question the identification of farmer-beneficiaries if we consider the recommendation of the BARC officials in their Joint Affidavit executed before the fiscal?
3. If we cover the area under the Alferez name together with a report as to the actual situation in the area, would this be a ground for the vendees to file a case against the CARP implement or for violation of RA 3019?
Anent your first query it is noted that the copies of the documents sent to us are not certified true copies. Moreover, certain material facts have not been duly established., such as the date of death of Spouses Teodora and Federico Alferez, the adjudication of the properties of the spouses, and the status of the mortgage in favor of PNB of the properties subject of your letter. Considering the doubtful integrity of the documents before us and the insufficiency of available data, we find it difficult to make conclusions thereon. We therefore recommend that you obtain certified copies of the documents pertaining to the problem including, the Death Certificate of Spouses Teodora and Federico Alferez, and the Affidavit of Adjudication. You should likewise determine the status of the mortgage in favor of PNB. After having gathered all the pertinent information, we advise that you present them to your provincial lawyer for evaluation and advice.
For now, please be informed that under Article 777 of the New Civil Code of the Philippines, death opens the estate of the decedent to succession. This means that if the spouses-landowners died prior to the effectivity of RA 6657 on 15 June 1988, their properties passed on to their children thru succession upon their demise, and the children should be treated as owners of the properties as of the date of death per the adjudication among them.
As regards your second query. AO No. 01 Series of 1993 in relation to Section 15 of RA 6657 provides that the DAR thru the Municipal Officer in coordination with the BARC officials is tasked to screen prospective ARBs. This means that a DAR has jurisdiction over the screening/selection/identification of farmer-beneficiaries, thru the MARO. The recommendation of the BARC officials may be considered, but the MARO must exercise sound discretion on the matter. This, however, will not bar any person [like the vendees mentioned in your letter] from questioning the selection of said farmer-beneficiaries.
As to your last query, we reiterate our advice that you gather all the pertinent information and then base your decision thereon as well as on the advice of your provincial attorney. It is believed that the presumption of regularity in the performance of your duties will work in your favor provided there is no evidence to prove otherwise.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary Legal Affairs Office