September 5, 1994
DAR OPINION NO. 67-94
Mr. Arturo A. Cabauatan
Legal Officer III
Provincial Agrarian Reform Office
Bayombong, Nueva Vizcaya
Sir:
This has reference to your letter dated 9 June 1994 requesting the opinion of this office regarding Resolution No. 70, S. of 1994 passed-by the Sangguniang Bayan of Dupax del Norte, Nueva Vizcaya allocating P80,000 out of their Development Fund for the purpose of purchasing a house and lot to be used as a Barangay Health Clinic. It appears that the lot intended to be purchased is within the CONWAP Settlement Project and is covered by CLOA No. 00011688 registered on 15 October 1991 in the name of Francisco C. Alonzo.
We are in accord with your position that the lot covered by CLOA No. 00011688 cannot be transferred in favor of the Municipality of Dupax Del Norte, Nueva Vizcaya. Said CLOA clearly provides that the parcel of land covered thereby "shall not be sold, transferred or conveyed except through hereditary succession, or to the Government, or to the Land Bank of the Philippines, or to other qualified beneficiaries for a period of ten (10) years".
The phrase "to the Government" refers to the Republic of the Philippines through the DAR, and said exception allowing transfer to the Government is to enable it to reallocates the farmlot to another beneficiary for the purpose of production, in case the need arises. Hence, the Municipal Government of Dupax Del Norte, Nueva Vizcaya is not qualified to be a transferee of the subject farmlot within the ten-year period from its award.
Please be guided accordingly.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary
Legal Affairs Office