April 5, 2000

DAR OPINION NO. 08-00

MEMORANDUM

TO                :      DIR. WILFREDO B. LEAÑO
                                     DAR-Regional Office
                                  Cordillera Administrative Region
                                    Baguio City

THRU          :      FRANKLIN E. COCOY
                                  Asst. Regional Director-Operations

SUBJECT    :     DAR-Balili Property, La Trinidad, Benguet

This has reference to your Memorandum with the following queries, to wit:

1.         Whether or not the Provincial Office can issue a DAR Certification pursuant to Administrative Order No. 1, series of 1989 taking into consideration that there is a legal question on the authority to do so especially that the property to be cleared was supposedly donated to the DAR; and

2.         Can the Regional Director or the Provincial Agrarian Reform Officer II enter into any transaction regarding the disposition of the property in question?

Your queries stemmed from the earlier donation made in favor of then Ministry of Agrarian Reform involving a real property situated at La Trinidad, Benguet. Subject property was donated by the Provincial Government of Benguet on 20 December 1978 for the use of the DAR "as its multi purpose training site/center for farmers cooperative, for its personnel and other facilities it may deem fit for its purpose in accordance with its land reform implementation", pursuant to Letter of Instruction (LOI) 758 dated 28 October 1978. The same subject property was, however, again donated by the present Provincial Government of Benguet to the Department of Education, Culture and Sports (DECS) in a Deed of Donation dated 19 July 1999. By reason of the new Deed of Donation, the Provincial Government of Benguet is now requesting the DAR to issue a clearance/certification under DAR Administrative Order No. 1, series of 1989. Hence, your queries.

DAR Administrative Order No. 1, series of 1989 is inapplicable considering that the certification sought to be issued by the PARO partakes of the nature of clearance for transfer of subject property to the DECS which only the DAR Secretary or his duly authorized representative may issue. By the donation, the property is now property of the Department.

The crux of the controversy appears to be the legality of the first deed of donation in question. It is observed in the new Deed of Donation, particularly in the 2nd "Whereas Clause" thereof, that it impliedly revoked the first Deed of Donation entered into by and between the Province of Benguet and DAR. It states, quote:

"WHEREAS, the Sangguniang Panlalawigan of Benguet found as stated in its Resolution No. 99-293, dated May 26, 1999, that LOI 758 and Resolution No. 596, Series of 1978, did not authorize the execution of the said donation but a sale to actual occupants, and as a matter of fact the donation was never registered and the certificate of title covering the said parcel of land remain in the name of the Province of Benguet."

There is, therefore, a question of fact which should be threshed out in the proper court of competent jurisdiction. Meanwhile, we maintain our ownership rights and, to make it effective, in anticipation of an inevitable controversy, it would be better if the legal assistance group of the province and region can undertake the necessary study thereon in close coordination with the Bureau of Agrarian Legal Assistance.

Please be guided accordingly.

(SGD.) FEDERICO A. POBLETE

Undersecretary for Legal Affairs, and Policy and Planning