June 15, 1994

DAR OPINION NO. 37-94

Miss Leonor Noceda

Rizal Settlement Project

Sampaloc Townsite Plan

Tanay, Rizal

Dear Miss Noceda:

Your letter to Justice Conrado Vasquez dated 28 January 1994 was referred to this Office for evaluation and appropriate action. In said letter, you request that:

1.         The DAR should correct, in the earliest time possible, Ts 337-D in relation to OCT 285/M-9113 and inform those affected accordingly;

2.         The survey being conducted to correct Ts 337-D should be supported with adequate funding from DAR;

3.         The DAR Surveys Division should delineate the correct easement along the Sampaloc River and the Legal Department should inform those concerned of the existence of easement on river banks, its nature and implications, including the occupants of Lot 223 Ts 337-D; and

4.         The DAR Management should honor their Sales Memorandum dated 2 February 1983 and Statement of Account dated 7 July 1983 wherein the price of the lot awarded to you was pegged at P4.50, instead of the P10.00 per square meter which is now being asked.

Anent your first two requests, since there is a need to verify your allegation that Lot 223 of Ts 337-D is in fact covered by OCT 285/M-9113 in the name of Esperanza Salvador, we have referred the matter to our field office for action. Should the verification show that a resurvey of Ts 337-D is necessary, a determination shall be made on the availability of funds for said resurvey. We therefore request that you render assistance to our field officers regarding said verification.

As regards your third request, our MARO at Tanay, Rival has been instructed to call a conference between you and the occupants of Lot 223 to thresh out whatever problems you may have regarding the easement you allege to have been enjoying for almost 38 years now. May we add that easement you are claiming is the easement of right of way under Article 649 of the Civil Code of the Philippines, pursuant to which you may be entitled to demand a right of way thru Lot 223 should it be established that you have no adequate outlet to a public highway.

Anent your last request, we have directed our MARO to ascertain the price per square meter of the lot awarded to you and to explain the variance, if any, between the price in the Sales Memorandum and that now being demanded.

Attached is a copy of our Memorandum to our field office, for information and reference of action.

Very truly yours,

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

Copy furnished:

Usec Jose Noel D. Olano

Field Operations Group

Director Ferdinand M. Casis

DAR Legal Service

Director Percival C. Dalugdug

DAR, Region IV

Pasig, Metro Manila

Atty. Emilio A. Gonzalez III

Head, Public Assistance Bureau

Office of the Ombudsman

Ref. Code: RAS-0-94-0406