1994

DAR OPINION NO. 81-94

Rev. Father Andres Gysberts

Parish Priest

Sto. Niño Catholic

Del Monte, Talacog Agusan del Sur

Dear Father Gypberts:

We write in reference to the request of the Roman Catholic Church of Sto. Niño Del Monte, thru the Bishop of Butuan City, to acquire title over Lot No. 642-CCS-531-D of the Agusan del Sur Settlement Project, situated at Del Monte, Tacloban.

Records show that a previous request for a Deed of Donation of said property in favor of the Sto. Niño Catholic Church was denied by DAR, in view of the constitutional provision that no public property shall be appropriated, applied, used/employed directly or indirectly for the use, benefit of support of any sect, church, denomination, sectarian institution or system of  religion. However, it is submitted that the Church could legally acquire said lot by purchase.

The provision of the DAR Standard Operating Procedure on the disposition of lots in DAR settlement projects states that with respect to portions of townsite lots designated as church and educational sites, the same may be sold at private sales" for such terms, conditions and stipulations and for such price as may be determined by Management. As early as 14 November 1972, the Church had already been issued a Certificate of Land Allocation covering subject lot pursuant to said SOP. Such being the case, and considering that the 1935 Constitution (in force at the time of the issuance of said Certificate of Land Allocation) allows the acquisition by corporations of lands of the public domain no exceeding 1,024 hectares, the acquisition by purchase of Lot No. 642-CCS-531-D by the Sto. Niño Catholic Church of Del Monte, which is a corporation sold, is legally tenable.

Should you be interested in purchasing subject lot, we advice that you coordinate with our MARO at Talacogon.

Very truly yours,

(SGD.) ERNESTO D. GARILAO
Secretary

Copy furnished:

1.      The Regional Director

           DAR region 10

           Cagayan de Oro City

2.      The PARO

           DAR, San Francisco, Agustin del Sur

3.      The MARO

           DAR, Del Monte, Talacogon

           Agusan del Sur