October 27, 1994

DAR OPINION NO. 88-94

Atty. Reynaldo Y . Maulit

Administrator

Land Registration Authority

Quezon City

Dear Administrator Maulit:

This has reference to the request of PARO Victorino B. Laguinday of DAR Kalinga-Apayao for DAR's official stand regarding the registration of two collective CLOAs covering 579.2854 hectares of alienable and disposable lands at Rizal, Kalinga-Apayao turned over by DENR for CARP coverage. We understand that the Register of Deeds of Kalinga-Apayao has refused registration of said CLOAs and that the matter is now the subject of Consulta No. 2197.

It is submitted that the registration of subject collective CLOAs has sufficient legal bases. Section 4(a) of RA 6657 provides that CARP covers all alienable and disposable lands of the public domain devoted to or suitable for agriculture. Section 7 of the same law includes alienable and disposable public agricultural lands in Phase Two of CARP implementation. The second sentence of Section 24 of CARL provides: "Ownership of the beneficiary shall be evidenced by a Certificate of Land Ownership Award, which shall contain the restrictions and conditions provided for in this Act, and shall be recorded in the Register of Deeds concerned and annotated on the Certificate of Title." Finally, Section 4(b) of E.O. 129-A provides that the DAR shall be responsible for implementing the Comprehensive Agrarian Reform Program and, for such purpose, is authorized to administer and dispose all cultivable portions of the public domain declared as alienable and disposable for agricultural purposes transferred to it by the Department of Environment and Natural Resources.

Based on the foregoing legal provisions, and considering that the 579-hectare A and D lands have been turned-over by DENR to DAR, the issuance and registration of subject collective CLOAs is believed in order. We therefore request that an LRA decision in Consulta No. 2197 be issued in favor of the registration of said CLOAs.

Thank you and regards.

Very truly yours,

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

Copy furnished:

USEC Jose Noel D. Olano

ASEC Severino Madronio

Angelito G. Castillo

OIC Regional Director

DAR-CAR

Baguio City

PARO Victoriano Laguinday

DAR Kalinga-Apayao