[O.P. Case No. 99-A-8650.  October 22, 2001.]

JASMIN CABANERO-GARCIA ET AL., petitioners-appellants, vs. RENATO HERRERA ET AL., appellees.

O R D E R

          This refers to the appeal filed by petitioners-appellants, dated December 7, 1998, from the order issued by the Regional Director of the Department of Agrarian Reform (DAR), Region III, stationed in San Fernando, Pampanga, on November 4, 1998, denying their petition for review on the order earlier issued by that regional office dated September 4, 1998. The latter order, dismissed the protest/opposition by appellants over the recommendation of the Provincial Agrarian Reform Office (PARO) in Cabanatuan City, to place the excess area under Operation Land Transfer (OLT) coverage, over their property in excess of the allowable limit, embraced under Transfer Certificate of Title (TCT) No. T-358, located at Pamaldan, Cabanatuan City.

          Without delving on its merits, we dismiss the appeal outright.

          The appeal at hand brought directly before this Office, from the order of the Regional Director of DAR Region III, dated November 4, 1998, is improper as it violates Section III-D (Procedure) of DAR's Administrative Order (AO) No. 09, Series of 1994, enacted on August 30, 1994 and entitled, "AUTHORIZING ALL REGIONAL DIRECTORS (RDs) TO HEAR AND DECIDE ALL PROTESTS INVOLVING COVERAGE UNDER R.A. NO. 6657 OF P.D. NO. 27 AND DEFINING THE APPEAL PROCESS FROM THE RDs TO THE SECRETARY", which provides:

"D.    Grounds for Appeal

          Any person who is aggrieved by the decision of the RD (Regional Director) may, within fifteen (15) days after the receipt of the decision, file a written appeal to the DAR Secretary . . .." (Clarification supplied)

          The decision of the DAR Secretary on the appeal brought to him from the decision or order of any of its Regional Directors may be further appealed to the Office of the President also within 15 days from receipt of said decision or order by the party appealing, pursuant to Sections III-H and III-I of the above-mentioned AO No. 9 dated August 30, 1994 issued by DAR.

          Consequently, the appeal at hand having been brought directly before this Office from the order issued by the Regional Director of DAR's Region III, and not from a decision or order issued by its Secretary, is improper, being violative of the provisions under AO No. 09 promulgated by DAR on August 30, 1994.

          WHEREFORE, in view of the foregoing, the appeal filed by appellants dated December 7, 1998, is hereby DISMISSED.

          SO ORDERED.

          Manila, Philippines.

By authority of the President:

(SGD.) WALDO Q. FLOREZ

Senior Deputy Executive Secretary