January 20, 2004
DAR OPINION NO. 02-04
MEMORANDUM
FOR : Director Gloria J. Fabia
Bureau of Land Acquisition and Distribution
SUBJECT : Request for Clarification on the Authority/Duty of DAR Lawyers to Notarize Free of Charge Deed of Transfer (DOT) or Deed of Reconveyance Pursuant to Executive Order Nos. 407 and 448
This refers to your letter-request dated 18 November 2003, requesting for clarification relative to the Deed of Transfer (DOT) or Deed of Reconveyance pursuant to Executive Orders No. 407 and 448 which requires notarization before such deed be given recognition by the Registry of Deed (ROD) for registration, particularly on who has the duty or obligation to perform such notarization services free of charge in the Department.
In connection therewith, pertinent are the provisions of Department Special Order No. 597, Series of 1989 (Authority for DAR Field Lawyers to Apply for Commission as Notaries Public), Executive Order No. 129-A (Modifying Executive Order No. 129, Reorganizing and Strengthening Department of Agrarian Reform and For Other Purposes) and Executive Order No. 292 (Administrative Code of 1987), to wit: aTEADI
A. 1st and 2nd paragraphs of Special Order No. 597
"In the interest of the service, DAR Regional Directors are hereby authorized to allow their lawyers, one lawyer for every province or city, to apply for Commission as Notaries Public for this Department in the cities or provinces where they are assigned.
As official Notaries Public of this Department, they shall notarize, free of charge, not only documents and transactions of this Department and those executed by DAR officials and employees in their official capacities but also agricultural leasehold contracts . . . . ." (emphasis supplied)
B. Sections 4 (g), 5 (h) and 21 of Executive Order No. 129-A
"Section 4. Mandate. — The Department shall be responsible for implementing the Comprehensive Agrarian Reform Program and, for such purpose, it is authorized to:
g) Provide free legal services to agrarian reform beneficiaries and resolve agrarian conflicts and land tenure problems;
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Section 5. Powers and Functions. — Pursuant to the mandate of the Department, and in order to ensure the successful implementation of the Comprehensive Agrarian Reform Program, the Department is hereby authorized to:
h) Provide free legal service to agrarian reform beneficiaries and resolve agrarian conflicts and land tenure related problems as may be provided for by law;
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Section 21. Bureau of Agrarian Legal Assistance. — The Bureau of Agrarian Legal Assistance shall be strengthened and shall be responsible for developing guidelines, plans and programs for legal assistance including developing, maintaining and coordinating para-legal services for those who will be affected by the Comprehensive Agrarian Reform Program (CARP) . . . ."
C. No. 1, Section 13, Chapter 4, Title IX of Executive Order No. 292
"Section 13. Bureau of Agrarian Legal Assistance. — The Bureau of Agrarian Legal Assistance shall have the following functions:
(1) Formulate guidelines, plans and programs for the effective delivery of legal assistance to the clientele;
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The general mandate of Bureau of Agrarian Legal Assistance (BALA) to render legal assistance and services necessarily includes by implication notarization free of charge of said documents. Thus, DAR lawyers in the BALA in Central Office may also notarize free of charge the Deed of Transfer or Deed of Reconveyance like their counterparts in the DAR field offices provided they have applied for commission. This is implied in DAR Special Order No. 597 and the aforequoted provisions of law. Moreover, it can be inferred that BALA being the legal arm of the Department can and should perform said task. DAaIEc
We hope to have clarified the matter.
(SGD.) RICARDO S. ARLANZA
Undersecretary for Policy, Planning and Legal Affairs Office