June 17, 2003

DAR OPINION NO. 08-03

Ms. Delia J. Romualdo
OIC-CARPO
DAR-Provincial Office
3rd Floor Amado Lim Bldg.
Roxas Avenue, Roxas City

Dear CARPO Romualdo:

This refers to your letter dated 19 March 2003, requesting for opinion as to the interpretation of DAR Administrative Order No. 03, Series of 1993, insofar it relates to DAR Administrative Order No. 02, series of 1994, with respect to issuance of individual CLOAs from a collective CLOA.

You stated that it was agreed during the 3rd DAR-ADB ARCP, National Land Survey and Titling Assignment Cum Planning Workshop held at the island of Boracay, Province of Aklan last February 26-28, 2003 that the re-documentation of collective CLOA (CCLOA) under "normal" condition where there is no change/correction of FBs, areas or whatever will no longer need a DARAB Order in the cancellation of collective CLOA and subsequent registration of individual CLOAs as per DAR Administrative Order No. 03, Series of 1993; that the PARO and PARAD, however, before otherwise as they are of the opinion that DAR Administrative Order No. 03, Series of 1993 was superseded by DAR Administrative Order No. 02, Series of 1994 where it stated that: "registered EPs/CLOAs whether distributed or not, may only be cancelled or corrected by the Order of the PARAD based on the grounds enumerated in IV(B) of AO No. 02, s. 1994" and Policy IV(B) of DAR Administrative Order No. 2, Series of 1994 which also states that: "Grounds for the cancellation of registered EPs or CLOAs may include but not limited to the following: . . ."; that these underscored phrases make them believe that all CLOAs to be subdivided and subsequently cancelled for issuance of individual CLOAs to co-owners need DARAB Order regardless of whether it be under normal re-documentation or with proposed corrections, i.e., inclusion/exclusion proceedings; that the process of filing the petition for the cancellation of CCLOA with the DARAB and eventual issuance of DARAB Order will cause you a delay of at least ten (10) days in order to proceed on the signing and sealing as well as registration of individual CLOAs with the Register of Deeds; and that, in view thereof, you would like to seek legal opinion/interpretation for uniformity of interpretation and application of DAR Administrative Order No. 03, Series of 1993 which you believe is applicable to segregation of CCLOA under normal re-documentation and DAR Administrative Order No. 02, series of 1994 which you believe is applicable to cancellation of CCLOA with correction and/or exclusion/inclusion proceedings.   HTCAED

Please be informed that even assuming arguendo that the provisions of DAR Administrative Order No. 02, Series of 1994 (Rules Governing the Correction and Cancellation of Registered/Unregistered Emancipation Patents, (EPs) and Certificate of Land ownership Award (CLOAs) Due to Unlawful Acts and Omissions or Breach of Obligations of Agrarian Reform Beneficiaries (ARBs) and for Other Causes) did not supersede the provisions of DAR Administrative Order No. 03, Series of 1993 (Rules and Procedures Governing the Issuance of Collective CLOAs and Subsequent Issuance of Individual Titles to the Owners), the Department of Agrarian Reform Adjudication Board (DARAB) still has jurisdiction in the instant case (i.e., re-documentation of collective CLOA under "normal" condition where there is no change/correction of FBs, areas or whatever) pursuant to Section 1.6, Rule II of the 2003 DARAB Rules of Procedure as reiterated in Section 3.6, Rule I of the 2003 Rules for Agrarian Law Implementation Cases (DAR Administrative Order No. 03, s. 2003) which provide, quote:

 Section 1, Rule II 2003 DARAB Rules of Procedure

"SECTION I.           Primary and Exclusive Original Jurisdiction. The Adjudicator shall have primary and exclusive original jurisdiction to determine and adjudicate the following cases:

xxx                      xxx                      xxx

1.6.   Those involving the correction, partition, cancellation, secondary and subsequent issuances of Certificates of Land Ownership Award (CLOAs) and Emancipation Patents (EPs) which are registered with the Land Registration Authority;" (emphasis supplied)

 

 Section 3.6, 2003 Rules for Agrarian Law Implementation Cases

"Section 3.    DARAB cases. — The Rules shall not apply to cases falling within the exclusive original jurisdiction of the Department Agrarian Reform Adjudication Board (DARAB) and its Regional or Provincial Agrarian Reform Adjudicators (RARAD or PARAD) which includes:

xxx                      xxx                      xxx

"3.6.  Those involving the correction, partition, cancellation, secondary and subsequent issuances of CLOAs which are registered with the Land Registration Authority;" (emphasis supplied)

Thus, while the provisions of DAR Administrative Order No. 03, series of 1993 and Item VII of Joint DAR-LRA Memorandum Circular No. 09, s. 1996 [Adoption of a Joint DAR-LRA Operations Manual on Land Titling, Registration and Distribution Under the Comprehensive Agrarian Reform Program (CARP)] do not require a DARAB Order, Section 1.6 of the 2003 DARAB Rules of Procedure and Section 3.6 of the 2003 ALI Rules included/enumerated partition cases as within the primary and exclusive original jurisdiction of the DARAB.   DcTSHa

We hope to have clarified the matter.

Very truly yours,

(SGD.) RICARDO S. ARLANZA
Undersecretary for Policy, Planning and Legal Affairs Office