INDEX OF AGRARIAN-RELATED DOJ OPINIONS
(1962-1997)
By
Legislative Research & Statistics Division
Bureau of Agrarian Legal Assistance
Department of Agrarian Reform
SUBJECT INDEX
AGRARIAN REFORM FUND, CUMULATIVE AMOUNT
OPINION NO. 103, Series of 1996
November 18, 1996
AGRARIAN REFORM OPERATING FUND AND AGRARIAN
REFORM FUND, DISTINCTIONS
OPINION NO. 35, Series of 1988
March 2, 1988
CARP COVERAGE, AGRICULTURAL LANDS OWNED
BY KALAKALAN 20 BENEFICIARIES
OPINION NO. 180 Series of 1990
October 15, 1990
CARP COVERAGE, UNTITLED PRIVATE AGRICULTURAL
LANDS
OPINION NO. 176, Series of 1992
December 17, 1992
COMPULSORY ACQUISITION, PROCEDURE
OPINION NO. 12, Series of 1993
January 22, 1993
CONVERSION, AUTHORITY OF THE DEPARTMENT
OF AGRARIAN REFORM
OPINION NO. 52, Series of 1996
May 14, 1996
CONVERSION, AUTHORITY OF THE DEPARTMENT
OF AGRARIAN REFORM
OPINION NO. 136, Series of 1993
September 22, 1993
CONVERSION, AUTHORITY OF THE DEPARTMENT
OF AGRARIAN REFORM
OPINION NO. 44, Series of 1990
March 16, 1990
DECISION, PRESIDENTIAL AGRARIAN REFORM
COUNCIL (PARC)
OPINION NO. 111, Series of 1994
July 28, 1994
FORECLOSURE OF MORTGAGE UNDER PRESIDENTIAL
DECREE NO. 27
OPINION NO. 92, Series of 1978
July 5, 1978
FORECLOSURE UNDERTAKEN BY GFI ON SUGARLANDS
OPINION NO. 91, Series of 1995
September 12, 1995
IMPLEMENTATION, COMPREHENSIVE AGRARIAN
REFORM LAW
February 14, 1997
JURISDICTION, BUREAU OF LANDS
OPINION NO. 77, Series of 1962
July 9, 1962
JURISDICTION DEPARTMENT OF AGRARIAN REFORM
OPINION NO. 174, Series of 1988
August 26, 1988
LBP BONDS, USE THEREOF
OPINION NO. 110, Series of 1988
May 19, 1988 MEDIATION AND CONCILIATION UNDER R.A. NO. 6657
AND P.D. NO. 1508
OPINION NO. 68, Series of 1991
April 23, 1991
PERIOD, DIRECTORY
OPINION NO. 115, Series of 1990
June 14, 1990
POWERS, DEPARTMENT OF AGRARIAN REFORM
OPINION NO. 53, Series of 1989
March 13, 1989
PUBLIC RECORDS AND DOCUMENTS, ACCESS BY THE
PUBLIC
OPINION NO. 124, Series of 1989
June 29, 1989
REALTY TAXES ON TENANTED RICE AND/OR CORN
LANDS (WHO SHOULD BEAR THE BURDEN)
OPINION NO. 35, Series of 1973
February 27, 1973
REFUSAL TO RENDER OPINION
OPINION NO. 26, Series of 1988
February 12, 1988
REFUSAL TO RENDER OPINION
OPINION NO. 81, Series of 1991
May 7, 1991
REFUSAL TO RENDER OPINION
January 7, 1992
REFUSAL TO RENDER OPINION
June 18, 1992
REFUSAL TO RENDER OPINION
January 17, 1994
REFUSAL TO RENDER OPINION
OPINION NO. 52, Series of 1994
April 18, 1994
REFUSAL TO RENDER OPINION
OPINION NO. 137, Series of 1994
September 26, 1994
REFUSAL TO RENDER OPINION
OPINION NO. 82, Series of 1995
August 24, 1995
REFUSAL TO RENDER OPINION
OPINION NO. 101, Series of 1995
October 5, 1995
REFUSAL TO RENDER OPINION
OPINION NO. 77, Series of 1996
July 25, 1996
REFUSAL TO RENDER OPINION
OPINION NO. 74, Series of 1996
August 1, 1996
REFUSAL TO RENDER OPINION
OPINION NO. 41, Series of 1992
April 2, 1992
SALE OR DISPOSITION, RIGHT OF LANDOWNER
OPINION NO. 184, Series of 1988
September 13, 1988
VALUATION OF LANDS, SUBJECT OF VOLUNTARY OFFER
TO SELL AND COMPULSORY ACQUISITION
OPINION NO. 109, Series of 1991
July 25, 1991
TITLE INDEX
ADMINISTRATIVE ORDER NO. 20 (OFFICE OF THE PRESIDENT)
OPINION NO. 52, Series of 1996 — May 14, 1996
Title: Whether or not it supersedes DOJ 44, Series of 1990
ARF/AROF
OPINION NO. 35, Series of 1988 — March 2, 1988
Title: Agrarian Reform Fund (ARF) and Agrarian Reform
and Operating Fund (AROF)
AGRARIAN REFORM FUND
OPINION NO. 103, Series of 1996 — November 18, 1996
Title: Total amount of Agrarian Reform Fund
AGRO-TOURISM
OPINION NO. 12, Series of 1993 — January 22, 1993
Title: Agro-tourism Development Plan for Samal Island
BIDDING
OPINION NO. 80, Series of 1992 — June 18, 1992
Title: Waiver of Public Bidding
CENTRAL MINDANAO UNIVERSITY (CMU) SC RULING
OPINION NO. 1, Series of 1994 — January 17, 1994
Title: Applicability of Central Mindanao University (CMU)
SC Ruling
CHAMBER OF REAL ESTATE BROKERS ASSOCIATION
(CREBA)/CONVERSION
OPINION NO. 77, Series of 1996 — July 25, 1996
Title: Conversion to residential land and reclassification
after 15 June 1988
DORONILA, ALFONSO J. (LUNGSOD SILANGAN)
OPINION NO. 181, Series of 1990 — October 19, 1990
Title: Applicability of CARP in the Estate of Alfonso J.
Doronila
EXEMPTION/CONVERSION
OPINION NO. 44, Series of 1990 — March 16, 1990
Title: Authority of DAR to approve or disapprove
the applications for exemption/conversion
FISHPOND LEASE AGREEMENT
OPINION NO. 53, Series of 1989 — March 13, 1989
Title: Authority of DA to grant or approve Fishpond Lease
Agreement
FORESHORE LAND
OPINION NO. 77, Series of 1962 — July 9, 1962
Title: Foreshore Land (Tondo)
GARCHITORENA ESTATE
OPINION NO. 52, Series of 1994 — April 18, 1994
Title: Applicability of DOJ Opinion No. 41, 1992 on the
Garchitorena Estate
GCMC
OPINION NO. 35, Series of 1988 — March 2, 1888
Title: Role in the Agrarian Reform Program of the
Government Corporation Monitoring and
Coordinating Committee (GCMC)
ILLEGAL CONVERSION
OPINION NO. 136, Series of 1993 — September 22, 1992
Title: Report of the Cavite Christian Mission on the alleged
illegal conversion
INTERPRETATION
OPINION NO. 101 Series of 1995 — October 5, 1995
Title: Interpretation of the last paragraph of Section 6 of
R.A. No. 6657
INTERPRETATION
OPINION NO. 184, Series of 1988 — September 13, 1988
Title: Interpretation of Sections 6, 70 & 73 of R.A. No.
6657
INTERPRETATION/APPLICATION
OPINION NO. 41, Series of 1992 — April 2, 1992
Title: Interpretation Application of 4th Paragraph,
Section 6, R.A. No. 6657
KALAKALAN 20 BENEFICIARIES
OPINION NO. 180, Series of 1990 — October 15, 1990
Title: Whether or not it is exempt from CARP coverage
LAND BANK BONDS
OPINION NO. 110, Series of 1988 — May 19, 1988
Title: Use of Land Bank Bonds
LUNGSOD SILANGAN
OPINION NO. 26, Series of 1988 — February 12, 1988
Title: Inclusion/non-inclusion of agro-forestry leases in
Lungsod Silangan
LUNGSOD SILANGAN
OPINION NO. 137, Series of 1994 — September 26, 1994
Title: The definite area to be covered by LS and the land
use of the 7,000 hectare overlap
MONEY CLAIMS (PRODUCTION SHARING)
OPINION NO. 174, Series of 1988 — August 26, 1988
Title: Authority of DAR/DOLE to Adjudicate said money
claims
MORTGAGED PD 27 LANDS
OPINION NO. 92, Series of 1978 — July 5, 1978
Title: Mortgaged lands covered by PD 27
NAVY BASE RESERVATION (BAGUIO CITY)
OPINION NO. 1, Series of 1992 — January 5, 1992
Title: Transfer to DAR of the Navy Base Reservation
PRESIDENTIAL AGRARIAN REFORM COUNCIL (PARC)
OPINION NO. 111, Series of 1994 — July 28, 1994
Title: Finality of its decision and grant of reliefs and
remedies through its sub-committee
PERIOD (MANDATORY OR DIRECTORY)
OPINION NO. 115, Series of 1990 — June 14, 1990
Title: Mandatory or Directory two-year period
(Section 31, R.A. No. 6657)
REALTY TAXES (WHO SHOULD PAY)
OPINION NO. 35, Series of 1973 — February 27, 1973
Title: Payment of Realty Taxes on tenanted rice and/or
corn lands
RELEASE OF VOS DOCUMENTS
OPINION NO. 124, Series of 1989 — June 29, 1989
Title: Release of VOS Documents to the KMP
REPEAL (KATARUNGANG PAMBARANGAY LAW)
OPINION NO. 68, Series of 1991 — April 23, 1991
Title: Repeal of LOI 1314 & P.D. 1508 by R.A. No. 6657
RIVERBANKS
OPINION NO. 82, Series of 1995 — August 24, 1995
Title: Conflicting views on the compensability of the strips of
land along riverbanks
SUGAR RESTITUTION LAW (R.A. NO. 7202)
OPINION NO. 91, Series of 1995 — September 12, 1995
Title: Whether or not it amends R.A. No. 6657 and E.O. 407
SURRENDER OF OWNER'S DUPLICATE CERTIFICATE OF TITLE
OPINION NO. 74, Series of 1996 — August 1, 1996
Title: Whether said surrender may be dispensed with
SWAP SCHEME
OPINION NO. 81, Series of 1991 — May 7, 1991
Title: Whether it may be considered a new mode of
payment of lands
TEN (10) YEAR SCHEDULE OF CARP IMPLEMENTATION
OPINION NO. 9, Series of 1997 — February 14, 1997
Title: Whether it is mandatory or directory
UNTITLED PRIVATE AGRICULTURAL LANDS
OPINION NO. 176, Series of 1992 — December 17, 1992
Title: Whether or not covered by CARP
VALUATION OF VOS LANDS
OPINION NO. 109, Series of 1991 — July 25, 1991
Title: Proposal of Justice Fernando Santiago on Valuation
of VOS lands
CHRONOLOGICAL INDEX
OPINION NO. 77, S. 1962 July 9, 1962 Tondo Foreshore Land
OPINION NO. 35, S. 1973 February 27, 1973 Request for opinion as to who
should pay realty taxes on
tenanted rice and/or corn
lands.
OPINION NO. 92, S. 1978 July 5, 1978 Request for opinion regarding
landholdings covered by P.D.
No. 27, which have been
previously mortgaged to
banking institutions.
OPINION NO. 26, S. 1988 Feb. 12, 1988 Request for legal opinion on
the inclusion/non-inclusion of
agro-forestry leases in
Lungsod Silangan Townsite
Reservation within the
Comprehensive Agrarian
Reform Program.
OPINION NO. 35, S. 1988 March 2, 1988 Request for opinion on the
Agrarian Reform Fund and
Agrarian Reform Operating
Fund; and the Role of
Government Corporation
Monitoring and Coordinating
Committee (GCMC) in the
Agrarian Reform Program.
OPINION NO. 110, S. 1988 May 19, 1988 Request for opinion on the
use of Land Bank of the
Philippines (LBP) bonds in
payment of non-performing
assets and government
corporations intended for
disposition under the privatization
program.
OPINION NO. 174, S. 1988 August 26, 1988 Request for opinion on
whether the Department of
Labor and Employment
(DOLE) or the Department of
Agrarian Reform (DAR) has
the authority to adjudicate
disputes involving money
claims arising from the
production sharing provisions
of Section 16, Executive
Order No. 229 (Compre-
hensive Agrarian Reform
Program) in relation to
Section 17 of the same
Executive Order.
OPINION NO. 184, S. 1988 Sept. 13, 1988 Request for opinion regarding
the interpretation of Secs. 6,
70 and 73 of R.A. No. 6657,
otherwise known as the
Comprehensive Agrarian
Reform Law of 1988.
OPINION NO. 53, S. 1989 March 13, 1989 Request for opinion on the
effect of the 1987 Constitution
and the Comprehensive
Agrarian Reform Law of 1988
(R.A. No. 6657) on the
power or authority of the
Department of Agriculture to
grant or approve fishpond
lease agreements over
alienable public lands
declared suitable for fishpond
purposes.
OPINION NO. 124, S. 1989 June 29, 1989 Request for opinion on
whether, as Officer-in-Charge,
of DAR, you can release to
the Kilusang Magbubukid ng
Pilipinas (KMP) xerox copies
of the documents of consum-
mated Voluntary Offer to Sell
(VOS) transactions, the
original copies of which are
on file with the Land Bank of
the Philippines (LBP)
OPINION NO. 44, S 1990 March 16, 1990 Request for opinion on
the DAR's position that prior
to the passage of R.A. 6657,
the Department of Agrarian
Reform had the authority to
classify and declare which
agricultural lands are suitable
for non-agricultural purposes,
and to approve or disapprove
applications for conversion
from agricultural to non-
agricultural uses.
OPINION NO. 115, S. 1990 June 14, 1990 Query on whether the two-
year period prescribed in
Sec. 31 of the Comprehensive
Agrarian Reform Law
(R.A. No. 6657) within which the
Presidential Agrarian Reform
Council (PARC) shall act on
stock distribution plans of
corporate landowner is
directory, rather than mandatory,
in nature.
OPINION NO. 180, S. 1990 Oct. 15, 1990 Request for opinion on
whether or not agricultural
lands owned by Kalakalan
20 beneficiaries, i.e.,
countryside and barangay
business enterprises
(CBEE's) under R.A. No.
6810 are exempt from the
coverage of R.A. No. 6657,
instituting the Comprehensive
Agrarian Reform Program
(CARP)
OPINION NO. 181, S. 1990 Oct. 19, 1990 Request for opinion on the
applicability of the Compre-
hensive Agrarian Reform
Program (CARP) upon the
estate of the late Alfonso J.
Doronila.
OPINION NO. 68, S. 1991 April 23, 1991 Request for opinion on
whether or not R.A. No.
6657, otherwise known as
Comprehensive Agrarian Re-
form Law of 1988 has
repealed LOI No. 1314 and
Section 2 of P.D. No. 1508
also known as Katarungang
Pambarangay Law.
OPINION NO. 81, S. 1991 May 7, 1991 Request for opinion regarding
the Land Asset Swap
Scheme as a new mode of
payment for lands covered
by the Comprehensive
Agrarian Reform Program
(CARP).
OPINION NO. 109, S. 1991 July 25, 1991 Request for opinion on the
proposal of Justice Fernando
Santiago regarding the
valuation of lands subject of
Voluntary Offer to Sell (VOS)
or compulsory acquisition
under R.A. No. 6657,
otherwise known as the
Comprehensive Agrarian
Reform Law (CARL).
OPINION NO. 1, S. 1992 Jan. 5, 1992 Request for opinion regarding
the request of the Department
of Agrarian Reform, thru
its Provincial Agrarian Reform
Officer in Baguio City, for
the transfer to the said
department of approximately
eight (8) hectares of the Navy
Base Reservation in that city
to be awarded to forty three
(43) individuals averred to
be farmer-tillers.
OPINION NO. 41, S. 1992 April 2, 1992 Request for opinion regarding
the application/interpretation
of the Fourth Paragraph of
Section 6 of the Comprehensive
Agrarian Reform Law
(R.A. 6657).
OPINION NO. 80, S. 1992 June 18, 1992 Request for opinion on
whether or not the rule on
public bidding may be
waived in favor of direct
negotiation in the course of
implementing land-asset
swap deals under the
Comprehensive Agrarian
Reform Program.
OPINION NO. 176, S.1992 Dec. 17, 1992 Request for opinion on
whether or not untitled
private agricultural lands are
covered under the Compre-
hensive Agrarian Reform
Program (CARP) and
whether or not the proper
title through administrative
or judicial proceedings, is an
indispensable requisite before
the owner of these untitled
agricultural lands could be
paid from the Agrarian
Reform Fund.
OPINION NO. 12, S. 1993 Jan. 22, 1993 Request for opinion regarding
the pilot agro-tourism develop-
ment plan for Samal Island as
proposed by the Department
of Tourism.
OPINION NO. 136, S. 1993 Sept. 22, 1993 Memorandum to the President
on the recommendations of
the Task Force created to
investigate the report of
Cavite Christian Mission
regarding the alleged illegal
conversion of agricultural
lands and harassment of
farmers in Cavite.
OPINION NO. 1, S. 1994 Jan. 17, 1994 Request for opinion on the
applicability of the Supreme
Court decision in G.R. No.
100091, entitled "Central
Mindanao University (CMU)
vs. the Department of
Agrarian Reform Adjudicatory
Board, et al "(October 22,
1992) to the West Visayas
State University (WVSU), in
which it was ruled that lands
of CMU reserved for educa-
tional purposes are excluded
from the coverage of the
Comprehensive Agrarian
Reform Law (CARL).
OPINION NO. 52, S. 1994 April 18, 1994 Request for "clarification" on
the applicability of this
Department's Opinion No. 41,
s. 1992 to the case of the
"Garchitorena Estate" in
Camarines Sur.
OPINION NO. 111, S. 1994 July 28, 1994 Request for clarification on
the finality of the decision of
the Presidential Agrarian
Reform Council (PARC) and
whether the PARC can grant
through its sub-committee
reliefs and other remedies
on requests for reconsideration
of its decision.
OPINION NO. 137, S.1994 Sept. 26, 1994 Request for opinion on the
definite area to be covered
by Lungsod Silangan and the
land use of the approximately
7,000 — hectare overlap
between the areas covered
by Proclamations Nos. 1636
and 1637.
OPINION NO. 82, S. 1995 Aug. 24, 1995 Request for opinion and
comment on the conflicting
views of your office and that
of the Regional Director,
Regional Office No. 6,
Department of Agrarian
Reform (DAR) concerning
the compensability of the
strips of land along river-
banks, under the Voluntary
Offer to Sell Scheme of the
Comprehensive Agrarian
Reform Program (R.A. No.
6657), which are subject of
legal easements under Art.
638 of the New Civil Code
and Sec. 90 of the Public
Land Act.
OPINION NO. 101, S. 1995 October 5, 1995 Request for interpretation of
the last paragraph of Section
6 of the Comprehensive Agra-
rian Reform Law (R.A. No.
6657).
OPINION NO. 91, S. 1995 Sept. 12, 1995 Request for opinion on
whether the provisions of
R.A. No. 6657 the Compre-
hensive Agrarian Reform Law
(CARL) and Executive Order
No. 407 directing government
financial institutions (GFIs),
among others, to turn over to
the Department of Agrarian
Reform (DAR) foreclosed
collaterals are deemed
amended by R.A. No. 7202
(the Sugar Restitution Law).
OPINION NO. 52, S. 1996 May 14, 1996 Request for opinion on
whether or not Administrative
Order No. 20 (1992) of the
Office of the President super-
sedes this Department's
Opinion No. 44, s. 1990.
OPINION NO. 77, S. 1996 July 25, 1996 Request for opinion on the
queries posed by the Chamber
of Real Estate Brokers Asso-
ciation (CREBA), an
organization of subdivision
and condominium developers
on whether or not a con-
version order from the
Department of Agrarian
Reform (DAR) is necessary
when the land intended to be
converted into residential use
is covered by P.D. No. 1517,
P.D. No. 399 and Section 8 of
R.A. No. 7279; whether or
not lands (irrigated or
unirrigated) which were reclas-
sified after 15 June 1988,
are automatically removed from
the coverage of the agrarian
reform.
OPINION NO. 103, S. 1996 Nov. 18, 1996 Request for opinion on the total
amount of Agrarian Reform
Fund (ARF), as embodied in
Proclamation No. 131, Executive
Order No. 229 and Republic
Act No. 6657.
OPINION NO. 74, S. 1996 Aug. 1, 1996 Request for confirmation of the
opinion rendered by the
Commission on the Settlement
of Land Problems (COSLAP),
dated May 21, 1996, that the
"surrender of the owner's
duplicate certificate of title
covering an agricultural land
acquired by the Department of
Agrarian Reform (DAR) under
the Comprehensive Agrarian
Reform Program (R.A. No.
6657) may be dispensed
with and that payment of the
just compensation may be
made by the Land Bank even
in the absence thereof".
OPINION NO. 9, S. 1997 Feb. 14, 1997 Request for opinion on
whether or not the ten-year
schedule of implementation
specified in Section 5 of the
Comprehensive Agrarian
Reform Law (R.A. No. 6657)
is mandatory or directory.