August 17, 1994

DAR OPINION NO. 58-94

Mr. Narciso S. Dela Serna

Register of Deeds III

Office of the Register of Deeds

Tagbilaran City

Dear Mr. dela Serna:

This has reference to your 1st Indorsement dated 29 June 1994 bringing to our attention the conflict between the opinion of PCGG Commissioner Maximo A. Macaren and that of PCGG Chairman Magtanggol Gunigundo relative to the CARP coverage of the property covered by TCT No. 1542 registered in the same name of Bohol Cattle Corporation.

Record shows that in his letter of 2 May 1990, PCGG Commissioner Maximo Macaren informed the DAR that the Commission offered no objection to the acquisition of subject property pursuant to CARL thru the VOS made buy its registered owners (along with the property covered by OCT. No. 432) but requested that compensation on the land be "deposited in escrow" with the LDP "in the name of the Commissioner for the benefit of whoever may be finally adjudged the owner thereof by the Sandiganbayan in Civil Case No. 0033", since said properties were duly sequestered and ownership thereof is subject to the final determination in said civil case. Based on Commissioner Macaren's letter, you issued transfer certificate of title to the Republic of the Philippines upon request by DAR. However, PCGG Chairman Magtanggol Gunigundo informed you in a letter dated 14 June 1994 that since the property under TCT No. 1542 is among the sequestered properties of Eduardo Cojuangco, Jr. and listed under Annex "A" of Sandiganbayan Case No. 0033 entitled "Republic of the Philippines v. Eduardo Cojuangco Jr. et al.", the same is in custodia legis. Chairman Gunigundo further informed you that sequestered properties cannot be dispose of unless there is a court resolution, because ownership thereof has not been finally determined.

In view of the aforecited conflict of opinion, you have informed the DAR of your decision to hold further action on the registration of the CLOAs for the property and the request that the DAR and the PCGG thresh out the matter.

Please be informed that in the consultation-meeting held last 8 July 1994 between the DAR and PCGG, it was agreed in principle that DAR can proceed with the acquisition and distribution under CARL of sequestered agricultural lands subject of pending cases in Court (such as the property of Bohol Cattle Corporation) provided that a Court Order allowing said CARL coverage has been secured by DAR. Pending the issuance of said Court Order it is submitted that further action on the CARP coverage of the property should be held in abeyance.

We shall advise you of further developments regarding the matter.

Very truly yours,

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

Copy furnished:

Clifford C. Burkely

Head Executive Assistant

RE Doc. No. 94-07-0169

Mr. Paulino R. Tudlasan, Jr.

Provincial Agrarian Reform Officer

DAR, Provincial of Bohol

The Presidential Management Staff

Malacañang, Palace

Manila

Chairman Magtanggol C. Gunigundo

Chairman, PCGG

6th Floor, PHILCOMCEN Bldg.

Pasig, Metro Manila