August 2, 1995

DAR OPINION NO. 36-95

Mr. Amante San Pedro

No. 11-B Gonzaga St., Riverside

Tuguegarao, Cagayan

Dear Mr. San Pedro:

This has reference to your request that the DAR Secretary issue a specific and definite order for LBP to pay the compensation of your landholding covered under CARP pursuant to the Decision dated 23 August 1994 of PARAD Oscar Dimacali in connection with your land valuation case.

Our review of they records of said case reveals that despite the Writ of Execution issued on 24 January 1995, said Decision has not been enforced in view of the refusal of the Land Bank of the Philippines to pay the compensation on the land as determined by PARAD Dimacali. It is therefore clear that the main issue is on the enforcement of a Decision of the Cagayan Provincial Agrarian Reform Adjudicator, a matter that falls within the jurisdiction of said official. For said reason, the DAR Secretary is constrained from making a comment thereon. We are instead referring your subject request for action by the PARAD of Cagayan (copy of referral attached).

Very truly yours,

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

Copy furnished:

OSEC

Doc. No. 94-11-0280

The PARAD

DAR Adjudication Board

Tuguegarao, Cagayan