July 25, 1994
DAR OPINION NO. 49-94
Mr. Jose S. Escala, Jr.
1147 Visayas Village
Tagum, Davao del Norte
Sir:
This has reference to your letter dated 30 March 1994 seeking advise/opinion relative to the following queries, to wit:
1. Is an agricultural land covered by the Comprehensive Agrarian Reform Program affected by a new zoning ordinance declaring the area as residential? Can't it be exempted from the new zoning since it had been covered by CARP before the approval of the ordinance?
2. Who is the real owner of the lot in question, if title remains in the name of the original owner despite the decision of the court ordering the cancellation of the said title? The property was covered in 1989. Notice of Acquisition was issued in 1991. There was a Notice of Land Valuation in May 1992, and a perimeter survey was made in August, 1992. However, we still do not have our CLOAs because DAR Region XI is in doubt as to who the real owner of the property, hence, the compensation cannot be places in trust.
Anent your first query, please be informed that once a landholding has been acquired and redistributed to qualified beneficiaries pursuant to the Comprehensive Agrarian Reform Law, said coverage under CARL cannot be affected by a new zoning ordinance declaring as residential the area wherein the property is located. This must be so since Sec 20(e) of RA 7160 (The Local Government Code)provides that nothing therein "shall be construed as repealing, amending, or modifying in any manner the provisions of RA 6657".
Anent your second query, the owner is the person adjudged by the court to be so, in a decision that is final and executory. It is possible, however, that the decision cited in your letter is not yet final and executory. Since this is an actual case, and not all the facts are known to us, we advise that you seek the opinion of our lawyers in DAR Region XI. Should there be a final court decision on the ownership of the property, you may request for the opening of a trust account in his favor to enable you to receive your CLOAs.
We hope to have been of service to you.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary
Legal Affairs Office
Copy furnished:
OSEC
Director Jose Agustin Cuenco
Public Affairs Staff
Director Jose V. Mejia
Special Concerns Staff
Doc. No. JHD-05-10-94