July 13, 1994

DAR OPINION NO. 45-94

    MEMORANDUM

    FOR             :     DIRECTOR PERCIVAL C. DALUGDUG
                                                 DAR Region IV, Pasig
                                                 Metro Manila

    SUBJECT    :     Letter dated 10 February 1994 of Gerardo Noveras relative to the filing of Petition For Cancellation of CLOAs

This has reference to the following queries raised by Gerardo Noveras, Chief Legal Division, DAR Provincial Office, Aurora, to wit:

1.         Whether or not the DAR has authority to file a petition for cancellation of CLOAs; and

2.         If the answer is in the affirmative, who is the DAR official charged with the responsibility of filing and prosecuting the same?

The above queries are posed in the light of the finding, as contained in the November 4, 1993 MARO Investigation Report submitted to PARO Felipe Simon of Aurora, that some 23 farmer-beneficiaries in the CARP-covered Avancena Estate situated at Brgy. Nonong, San Luis, Aurora, cut down coconut trees in the lots awarded to them without the requisite permit from the Philippine Coconut Authority and without notifying DAR of said activity. It was likewise reported that said FBs were remiss in their obligations under CARL, hence the recommendation for the filing of an action against them. Mr. Noveras earlier filed a petition for cancellation of CLOAs with the Office of PARAD Napoleon Baquilat for petitioner Land Bank of the Philippines as represented by Manager Alberto Diaz. However, Mr. Noveras subsequently informed DARCO that the Land Bank has refused to give authority to Manager Diaz to act as Petitioner in said case on the ground that the DAR is the proper party to file the same

Under Executive Order No. 129-A, the Department of Agrarian Reform is responsible for implementing the Comprehensive Agrarian Reform Law and other agrarian laws, rules and regulations. This covers the power to file the instant petition for cancellation of CLOAs before the PARAD, in the face of evidence showing that the FBs have committed acts contrary to their obligation to make the lots awarded to them as productive as possible. Moreover, since the Regional Offices are responsible for the implementation of laws, policies, plans, projects, rules and regulations of the Department in their administrative region, the Regional Director shall represent the Department in the instant case, assisted by a DAR lawyer in the Region.

However, before filing the case before the PARAD, a thorough investigation should first be conducted to determine the reason/s that prompted each FB to cut the trees and to enable you to judiciously evaluate the merits of filing a case for cancellation of CLOAs before the PARAD. To prevent further violations, advise the FBs on the duties incumbent upon them as CARP beneficiaries and the sanctions that shall be taken against them should they persist in performing acts violative of CARL and other agrarian laws. They should likewise be informed that the cutting of coconut trees can only be legally done in accordance with the provisions of the Memorandum dated 10 January 1992 of the Philippine Coconut Authority (copy attached) and that there are sanctions against the illegal cutting of such trees

Please be guided accordingly

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

Copy Furnished:

Chief Gerardo A. Noveras

Legal Assistance Division

DARPO, Baler, Aurora