December 12, 1997

DAR OPINION NO. 135-97

ATTY . PETER FRANCIS G. ZAGALA

12th Floor, Strata 100 Building

Emerald Avenue, Ortigas Center

Pasig City, Metro Manila

Dear Atty. Zagala,

This refers to your letter dated 30 September 1997 requesting us to issue a certification that the following properties, Lots No. 2471-A; 2471-B and 2471-C, Csd-2-01-0021-D, situated at Alimanao, Tuguegarao, Cagayan and Lot No. 2478 situated at Tuguegarao, Cagayan are not under the coverage of R.A. No. 6657.

You state that the above-mentioned lands were verified to fall within the classified Residential Zone as per the Zoning Ordinance of Tuguegarao, Cagayan, S. of 1978 as approved under NCC Plan dated September 21, 1978 of the then Human Settlement Regulatory Commission now the Housing and Land Use Regulatory Board.

Pursuant to Department of Justice Opinion No. 44, S. of 1990 in relation with DAR Administrative Order No. 6, S. of 1994, there is still a need to apply for a DAR exemption clearance as regards the aforesaid subject landholdings. We could not simply issue a certification to that effect because you still have to comply with the requirements as detailed in said Administrative Order. The application for exemption should be filed with the Regional Office of the DAR where the land is located.

Please be guided accordingly.

Very truly yours,

(SGD.) ARTEMIO A. ADASA, JR.

Undersecretary for Legal Affairs, and Policy and Planning