October 4, 2000

DAR OPINION NO. 24-00

PARO ROLANDO GAMBOA

DARPO — Pangasinan

Urdaneta, Pangasinan

Dear PARO Gamboa:

This has reference to your letter dated 05 July 2000, seeking to be enlightened as to which of the two (2) decisions rendered (both allegedly already final and executory), one by the Secretary of the Department of Agrarian Reform and the other by the Department of Agrarian Reform Adjudication Board (DARAB), should be implemented.

A perusal of the attached documents readily reveals that subject agricultural lands have an aggregate area of 12.3610 hectares, situated at Barangay Lucap, Alaminos, Pangasinan, covered by Original Certificate of Title (OCT) No. 14113 and registered in the name of Spouses Cirilo Serna and Leonida Rasing; that on 25 January 1972 or prior to the effectivity of Presidential Decree No. 27, a portion of at least 10.8018 hectares of said property was sold proportionately by said spouses in favor of their three (3) sons, namely: Adalberto, Benedicto, and Conrado, all surnamed Serna; that on 17 December 1976, Adalberto sold the portion bought by him in favor of his two brothers; that on 21 November 1978, Transfer Certificate of Title Nos. 4050 and 4051 were issued to Conrado and Benedicto Serna, respectively; that on 27 April 1982, the subject property was placed under Operation Land Transfer (OLT) coverage pursuant to P.D. No. 27 and, thereafter, Certificates of Land Transfer (CLTs) were issued to the tenant-beneficiaries; that on 12 September 1984, petitioners-appellants, through counsel, filed a petition for cancellation of said CLTs; that on 22 August 1995, then DAR Secretary Ernesto D. Garilao issued an order giving the brothers Benedicto and Conrado Serna the option to choose their retention area and covering the excess thereof under OLT; and, that on 24 October 1997, the DARAB promulgated a decision maintaining respondents-appellees in the peaceful possession and cultivation of subject landholding and upheld the validity of CLTs issued to them.

There can be no gainsaying to the fact that the Secretary of Agrarian Reform is possessed of exclusive jurisdiction to rule on the issues of coverage or exemption under OLT, retention and the like. The reason is simple. Said issues, by their nature and character, are strictly administrative matters. This is even explicitly provided in the DARAB New Rules of Procedure, Section 1 (g), Rule 2 thereof.

On all other litigious matters, like payment of back rentals, the jurisdiction is with the DARAB. Please note, in this regard, the provisions of paragraph (b), Section 1 (Rule II) of the DARAB New Rules of Procedure.

Given the aforegoing and without pronouncing that DARAB, in its Decision dated 24 October 1997, has exceeded its jurisdiction when it tackled the issue of exemption from OLT coverage, it is our considered opinion that the Order of the DAR Secretary dated 22 August 1995 should prevail in view of the exclusivity of the authority of the DAR Secretary on matters involving strictly the administrative implementation of agrarian laws.

Please be guided accordingly.

Very truly yours,

(SGD.) FEDERICO A. POBLETE

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

Atty. Deinrado Simon D. Dimalibot

Director IV

Special Concerns Staff

Mr. Benedicto Serna

Rep. By Atty.-in-Fact Bobby Serna

Lucap, Alaminos, Pangasinan

Heirs of Conrado Serna

Lucap, Alaminos Pangasinan

Mr. Godofredo B. Anganangan, et al.

Magsaysay, Alaminos Pangasinan

Dir. Erlinda Pearl V. Armada

DAR Regional Office No. 1

Jean Lee Building, Lingsat

San Fernando, La Union

The Municipal Agrarian Reform Officer

DAR Municipal Office

Alaminos, Pangasinan