September 2, 1997

DAR OPINION NO. 99-97

    MEMORANDUM

    FOR             :    Paulino R. Tudlasan
                                                OIC-PARO
                                                Department of Agrarian Reform
                                                Provincial Office 2nd Floor, Chartered Bank Bldg.
                                                P. Burgos and Magallanes Sts.
                                               Cebu City

    SUBJECT    :     Re: Coverability Under OLT of the Untitled Hacienda Gantuangco Situated at Aloguinsan, Cebu

This refers to the memorandum-letter of the MARO of Alonguisan, Cebu dated 26 May 1997 expressing his apprehension that the DAR Municipal Office cannot process the Claim Folders of Hacienda Gantuangco regarding its coverability under Operation Land Transfer (OLT) since the Municipality of Aloguinsan where said property is located appears, as alleged by the MARO, to have been classified as alienable and disposable only on 23 May 1961 and therefore jurisdiction over the same belongs to the DENR as enunciated under Joint DAR-LBP-DENR Circular No. 12, Series of 1994 and Joint DAR-DENR Memorandum Circular Nos. 14 and 19, Series of 1997.

We beg to disagree with the view of the MARO that the disposition of the subject property shall be under the jurisdiction of the DENR. Please be informed that Joint DAR-LBP-DENR-Circular No. 12, Series of 1994 and Joint DAR-DENR Memorandum Circular Nos. 14 and 19 Series of 1997 apply only to the disposition of untitled privately claimed agricultural lands covered under R.A. No. 6657.

The instant case is actually a situation where a public land may be considered as private property, hence, covered under P.D. No. 27. In a letter by former Director of Lands Ramon Casanova to the then Ministry of Agrarian Reform dated 16 November 1981, a clear-out guideline on how cases of this nature should be treated was laid down to avoid confusion and misunderstanding in determining whether a public land could be considered as private property as of October 21, 1972. Following are the situations where such lands are considered private property as of said date:

1)        Land covered by sales application. — The area should have been sold at public auction awarded to the successful bidder, who may be either the applicant or another person, prior to October 21, 1972, and the awardee must have complied with the cultivation requirement of the law and fully paid the purchase price thereof prior to said date;

2)        Land covered by homestead application. — The application had been approved and applicant had complied with all requirements of the law regarding occupancy, cultivation and residence as of said date as shown principally in the final proof duly submitted by the applicant for approval by the Bureau of Lands; and

3)        Land covered by free patent application. — In all cases, the land may be considered private property if application has been accepted, processed and found to be patentable under the provisions of the free patent law considering that under the said law the right of the applicant to the title to such land which is being confirmed administratively retroacts on the date of occupancy and cultivation thereof, either by himself or his predecessor-in-interest on June 12, 1945, or prior thereto.

We hope to have clarified the matter with you.

(SGD.) ARTEMIO A. ADASA, JR.

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

Gloria J. Fabia

Director, BLAD

Nicolas A. Managbanag

MARO

DAR Municipal Office

Aloguinsan Cebu