September 24, 1994
DAR OPINION NO. 80-94
Usec Mariano S. Salazar
Department of Energy
PNPC Complex, Merrit Rd.
Fort Bonifacio, Metro Manila
Sir:
This has reference to your letter of 28 July 1994 requesting the DAR, for and on behalf of the PNOC-EDC, to hold in abeyance the distribution of the Certificates of Land Ownership Award (CLOAs) covering Brgy. Lim-ao (Municipality of Kananga) and Tongonan (Ormoc City) in the Province of Leyte which are within the PNOC-EDC's geothermal block. Attached to your said letter is the letter dated 9 December 1993 of then PNOC-EDC Executive vice President Nazario C. Vasquez, requesting the exclusion of all CARPable areas embraced by the geothermal block within the PNOC-administered Tongonan Geothermal Reservation as the same is currently being developed for the 700-MW geothermal power project to serve the Luzon and Cebu Grids. Likewise attached is the letter dated 27 July 1994 of Mr. Leonardo Ote, Manager, Environment and External Relations Division (PNOC) which requests for the deferment of the distribution of the CLOAs and for the technical coordinates of the lots in Lim-ao and Tongonan for proper plotting.
You state that the Tongonan Geothermal Reservation which covers an area of 34,360 hectares was established under Proclamation No. 1112 in 1973; that said Proclamation was amended by Proclamation No. 1412 in 1975 to cover an area of 107,625 hectares; that under Executive Order No. 223 dated 1987, PNOC was granted absolute jurisdiction over the watershed areas embraced in said geothermal reservation; and that the areas being requested for exclusion are confirmed as active areas for geothermal development pursuant to Executive Order No. 407.
In a letter dated 5 March 1994, DAR Regional Director Remigio Tabones (in answer to the letter of Mr. Nazario Vazquez), explained that Brgys. Rubas and Canhandungan, which are covered by the CLOAs issued by the DAR, are located outside the geothermal block as specified in the map that PNOC provided his Office. Since DAR is mandated to acquire and redistribute to qualified beneficiaries all agricultural lands, public and private, it is submitted that the coverage under CARP of the agricultural lands outside the geothermal block is legally tenable.
We submit, however, that CARL does not cover those areas within the geothermal block, considering that they are reserved by Proclamation for geothermal exploration/development and have been confirmed as active area for said purpose. Moreover, Proclamation No. 2822 which reclassified certain portions of the public domain (including Ormoc City) as agricultural, being a law of general application, does not operate to repeal the reservation for geothermal exploration/development, because the Proclamation making said reservation is a law of special application. This means that the reclassification under Proclamation No. 2282 does not cover the area in Ormoc City within the geothermal block.
We advice that a Petition for Cancellation of the CLOAs covering the lots at Brgy. Lim-ao, Kananga and Tongonan, Ormoc City which are within the geothermal block be filed with the Office of the Provincial Adjudicator of Leyte.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary
Legal Affairs Office
Copy furnished
Clifford C. Burkley
Re: Doc. No. 93-12-0238
ASEC Severino T. Madronio
FOG, DARCO
Hon. Nazario C. Vasquez
Executive Vice President
PNOC Energy Development Corporation
PNOC Energy Companies Bldg.
PNPC Complex, Merrit Road
Fort Bonifacio, Metro Manila
Mr. Leonardo M. Ote
Division Manager
Environmental and External Relations
PNOC Energy Companies Bldg.
PNPC Complex, Meritt Road
Fort Bonifacio, Metro Manila
Dir. Remegio A. Tabones
DAR, Region VIII
Sto. Niño Extension
Tacloban City