December 2, 1994

DAR OPINION NO. 92-94

Mr. Francisco G. Vitug

971 Banawe Avenue, Quezon City

Dear Mr. Vitug:

This has reference to your request for DAR advice as to who should pay for Lot No. 18 of your landholding covered by TCT No. 8058. You state that said Lot No. 18 was identified as a Barangay Road during the subdivision survey conducted for the purpose of determining the areas occupied by the tenants of your riceland.

DAR submits that the acquisition of said Lot No. 18 as well as the payment of its value lies within the jurisdiction of the Municipality of Lubao in Pampanga.

It is clear that your riceland was placed under Operation land Transfer coverage pursuant to Presidential Decree No. 27. Said Decree mandates the transfer of private agricultural lands primarily devoted to rice/corn to the tenants thereof. Since Lot 18 is a barangay road, it does not come within the purview of said Decree, hence its acquisition and distribution to beneficiaries would not be legally tenable. In this regard, we take exception to the statement in the letter to you of Mayor Lilia Pineda of Lubao that definitely, the subdivision of your riceland would not have been approved without there being a barangay road therefor. We wish to clarify that surveys conducted pursuant to PD 27 as well as RA 6657 are for the purpose of delineating the areas to be awarded to beneficiaries, and there is no requirement in said laws to designate a barangay road for every property surveyed. In the case of your riceland, the finding that a portion thereof is a barangay road servicing not only the tenants but the entire community is merely incidental in the survey.

Since non-agricultural lands are not covered by agrarian laws, it is believed that the sale of Lot 18 is a matter that should be taken up with the Municipal Government of Lubao.

Very truly yours,

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

Copy furnished:

Director Gloria J. Fabia

BLAD