November 27, 2000

DAR OPINION NO. 42-00

ATTY . JUAN P. ZULUETA

Chairman

Provincial Task Force on Illegal Conversion

DAR-Provincial Office

Balogo, Sorsogon, Sorsogon

Dear Chairman Zulueta:

This refers to your query on whether or not the Provincial Agrarian Reform Officer (PARO) has the authority to issue Cease and Desist Order (CDO) to stop development activities in areas which are the subject of illegal, premature or unauthorized land use conversions. Your request is prompted by the apparent ambiguity in the provision of DAR Administrative Order No. 1, series of 1999, particularly Article IX, Section 45 (b) thereof, quote:

"Upon determination of a prima facie case, the Secretary or the duly authorized DAR official shall issue a cease and desist order (CDO) directing the respondent to stop any and all development activities in the area and requiring him to explain within ten (10) days from receipt why he should not be penalized for violation of existing laws, rules and regulations on land use conversion."

From the above-mentioned provision, it is explicit that the Secretary or the duly authorized DAR Official has the authority to issue a cease and desist order (CDO). It is our considered opinion that the "duly authorized DAR official" mentioned therein is the PARO, who is necessarily the official representative and extension of the Secretary's personality in the province. Thus, the PARO may issue the CDO, upon recommendation of the Provincial Task Force on Illegal Conversion, the latter being the authority responsible for the investigation, gathering of evidence and the filing of complaints against illegal, premature or unauthorized conversion within its area of jurisdiction pursuant to Joint DAR-DOJ Administrative Order No. 5, series of 1994.

Be guided accordingly.

Very truly yours,

(SGD.) FEDERICO A. POBLETE

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

The Provincial Agrarian Reform Officer

DAR-Provincial Office

Balogo, Sorsogon, Sorsogon