November 27, 1995

DAR OPINION NO. 81-95

Ms. Ines T . Cammayo

16 Antonio Luna St.

Project 4, Quezon City

Dear Ms. Cammayo:

This has reference to your letter (for and on behalf of Victoria del Rosario Vda. de Taccad, Maximina del Rosario de Reyes and Venancio del Rosario, Jr.), requesting that DAR waive the requirement to submit a copy of the title proving ownership of the 13.0988-hectare property you offered under the VOS scheme, or in the alternative, that you be allowed to withdraw said VOS application to enable you to sell the property directly to the buyers thereof.

You state that title to said property was subject of Civil Case No. 344 entitled "Josefa Garcia Vda. de del Rosario, et al., versus Delfin Bulan and Josefa Malayao", for Reconveyance. You also state that you won in the said case and that the Court ordered the cancellation of TCT Nos. 127445 and 127446 in the name of said defendants, but that your lawyer failed to cause the judicial reconstitution of the title in your name. You further allege that according to the Land Registration Authority, reconstitution of title will cost some P20,000.00, and that you are unable to raise said amount.

We regret that we cannot consider your request for DAR to waive the requirement to submit a copy of the title as proof of ownership of the land you offered under the VOS scheme. Said title is the basic document for the identification of the payee for the land compensation. Neither can we consider your request to withdraw your VOS application, considering that under A.O. 5, Series of 1992, withdrawal of VOS is allowed only when the property is a retained area or is designed to shift the mode of acquisition from VOS to VLT/DPS. Since subject property does not fall within your retention, and must therefore be transferred to qualified farmer-beneficiaries pursuant to RA 6657, the same cannot be legally transferred to persons other than said farmer-beneficiaries.

However, we have referred the matter to the Land Registration Authority for opinion on the proper steps to take for the reconveyance of the property in your favor pursuant to the Decision (copy of letter to LRA attached).

Very truly yours,

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