[CASE NO. A-9999-042-01. October 19, 2001.]
IN RE: APPLICATION FOR DAR EXEMPTION CLEARANCE PURSUANT TO ADMINISTRATIVE ORDER NO. 6, SERIES OF 1994.
IGMIDIO ALMANZOR, ET AL., Represented by Fides Cordero-Tan/Fe L. Concepcion, applicants.
O R D E R
For consideration is an Application for DAR Exemption Clearance pursuant to Department of Justice (DOJ) Opinion No. 44, Series of 1990, as implemented by DAR Administrative Order (AO) No. 6, Series of 1994, filed by Igmidio Almanzor, et al., represented by Fides Cordero-Tan/Fe L. Concepcion. The application involves four (4) parcels of land covered by Transfer Certificates of Title (TCT) Nos. T-18680 (T-51781), T-35481 (T-337964), T-26000 (T-337965) and T-35480 (T-37966) with an aggregate area of 9.4856 hectares located at Brgy. Hugo Perez, Trece Martires City, Cavite. EaHcDS
In support of the application, the following documents were submitted:
1. Secretary's Certificate dated 14 November 2000 issued by Elaine Yu, Corporate Secretary of N & M Land Development, Inc., stating that a board resolution was passed authorizing Attys. Fides Cordero-Tan and Fe L. Concepcion to represent N & M Land Development, Inc. in its application for exemption filed with DAR;
2. Secretary's Certificate dated 14 November 2000 by Juanita L. Uy, Corporate Secretary of Great Landho, Inc. stating that a board resolution was passed authorizing Attys. Fides Cordero-Tan and Fe L. Concepcion to represent N & M Land Development, Inc. in its application for exemption filed with DAR;
3. Deeds of Absolute Sale executed by the former registered owners in favor of N & M Land Development Corporation and Great Landho, Inc.;
4. Certified true copies of TCT Nos. T-18680 (T-51781), T-35481 (T-337964), T-26000 (T-337965) and T-35480 (T-37966) with their corresponding Tax Declaration Nos. 07-A, 120-A, 216 and 130-A;
5. Certification dated 4 June 2001 issued by Armando J. Nuestro, Officer-in-Charge, Office of the City Planning and Development Coordinator, Trece Martires City, Cavite, stating that subject landholdings are within the Industrial Zone based on the Town Plan and Zoning Ordinance of Trece Martires, Cavite, approved by Human Settlements Regulatory Commission (HSRC) on 11 November 1981;
6. Certification dated 25 May 2001 issued by Belen G. Ceniza, Regional Director, Housing and Land Use Regulatory Board (HLURB), Region IV, stating subject landholdings are within the Industrial Zone based on the Town Plan and Zoning Ordinance of the Municipality of Trece Martirez, Cavite, conditionally approved by HSRC under Resolution No. R-42-A-3 dated 11 February 1981 and deemed finally approved as of the same date in accordance with HLURB Memorandum Circular No. 15, s-1995 dated 2 October 1995;
7. Certification dated 4 January 2001 issued by Baltazar H. Usis, Regional Irrigation Manager, National Irrigation Administration (NIA), stating that subject landholdings are not irrigable lands and not covered by irrigation project with firm funding commitment; and
8. Certification dated 20 July 2001 issued by Ester L. Baldemor, Municipal Agrarian Reform Officer (MARO) of Trece Martires, Cavite, stating that subject landholdings are untenanted and a Notice of Coverage in 1996 on a portion covered by TCT No. T-57781 while no such notice has been issued on the other landholdings.
The investigation report of the Center for Land Use Policy, Planning and Implementation (CLUPPI)-2 states that subject landholdings are contiguous and about three (3) to four (4) kilometers from the city proper. The terrain is generally flat and that the dominant covers of the area are shrubs and grass. No agricultural activity was observed in the area although patches of fruit trees are sporadically planted therein. The dominant use of the adjacent areas is idle agricultural. No irrigation system was noted in the area. CLUPPI-2 recommends the approval of the application.
DOJ Opinion No. 44 (1990) states that lands already classified for commercial, industrial, or residential use and approved by HLURB prior to the effectivity of Republic Act No. 6657 on 15 June 1988, no longer need any conversion clearance from DAR. Moreover, the term "agricultural land" as defined in Section 3 (c) of RA 6657 does not include those lands classified as mineral, forest, residential, commercial and industrial.
Based on the certifications issued by the DZA and HLURB, subject properties are within the industrial area per approved Town Plan and Zoning Ordinance of Trece Martires City, Cavite. Clearly, said properties are beyond the ambit of Republic Act (RA) No. 6657 as they were already reclassified to non-agricultural use prior to 15 June 1988, the effectivity date of RA 6657. Hence, said landholdings should be exempted from coverage of the Comprehensive Agrarian Reform Program (CARP).
This Office finds proper compliance by the applicant with all the documentary requirements for exemption set forth under AO 6 (1994).
WHEREFORE, premises considered, the Application for DAR Exemption Clearance filed by Igmidio Almanzor, et al., involving four (4) parcels of land covered by Transfer Certificates of Title (TCT) Nos. T-18680 (T-51781), T-35481 (T-337964), T-26000 (T-337965) and T-35480 (T-37966) with an aggregate area of 9.4856 hectares located at Brgy. Hugo Perez, Trece Martires City, Cavite, is hereby GRANTED, subject to vested rights of leaseholders/tenants and/or payment of disturbance compensation to other farmer-occupants, if any. Consequently, the Notice of Coverage issued in 1996 to a portion of TCT No. T-18680 (T-51781) is hereby LIFTED. EHCaDS
SO ORDERED.
Diliman, Quezon City, 19 October 2001.
(SGD.) HERNANI A. BRAGANZA
Secretary
Copy furnished:
1. FIDES C. CORDERO-TAN/FE L. CONCEPCION
Suite 2106, 21/F Medical Plaza-Ortigas
San Miguel Ave., Ortigas Center 1661
Pasig City
2. THE REGIONAL DIRECTOR
DAR Regional Office IV
Capitol Compound, Pasig City
3. THE PROVINCIAL AGRARIAN REFORM OFFICER
DAR Provincial Office
Trece Martires City, Cavite
4. THE MUNICIPAL AGRARIAN REFORM OFFICER
DAR Municipal Office
Trece Martires, Cavite