September 2, 1997
DAR OPINION NO. 98-97
Percival C . Dalugdug
Regional Director
DAR Regional Office
Legaspi City
Dear Dir. Dalugdug:
This refers to the VOS claim of Antonio de Jesus covering an area of 10.6764 has. located at Napaod, Labo, Camarines Sur.
This office was informed that the VOSCF of Mr. de Jesus was treated as problematic and unprocessable since according to the MARO the tenant refused to be a beneficiary on the subject property under VOS, and as a result thereof payment to the landowner did not materialize up to this time.
We observe that there are legal opinions already rendered regarding the matter and we concur on their recommendation that the refusal of the tenant to be a beneficiary is not a valid ground for a property under VOS (which is coverable under the CARP) to be rejected and much more to delay or stop the processing of the claim for payment of the landowner. It is the standing policy of this Department in consonance with Section 19 of R.A. No. 6657 to encourage VOS as a mode of acquisition, for it ensures the cooperation of landowners. Therefore, it behooves this Department to expedite the processing of the VOSCF of Mr. de Jesus and should the tenant in the landholding in issue indeed refuse to become a beneficiary of the Program after due investigation or hearing, the land shall be disposed and/or reallocated to a qualified beneficiary as provided for under the provisions of R.A. No. 6657.
Let us not be remiss in this particular case in carrying out the process of coverage to its consummation, but we must rather uphold the rule of law without fear or favor.
Please be guided accordingly.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
Gloria J. Fabia
Director, BLAD
Mr. Benjamin Gallardo
Napaod, Labo
Camarines Norte
Mr. Felixberto de Jesus
39-Tangle St., Monte Vista
Subdivision, Marikina, Metro Manila