April 13, 1999

DAR OPINION NO. 34-99

MEMORANDUM

TO                :     RENATO F. HERRERA
                           Regional Director
                           DAR-Region IV
                           Capitol Compound, Pasig City

SUBJECT     :    Re: Application for Retention Filed By Maria L. Alipit, Represented By                         Atty. Ceferino L. Padua, Involving Properties Covered By EPs With an Aggregate Area of 52,781 Square Meters Situated at Brgy. Mapagong, Calamba, Laguna

This refers to your request for clarification regarding the application for retention filed by Maria L. Alipit. A careful scrutiny of the petition of Mrs. Alipit through her Attorney-in-fact clearly revealed that the Petition was anchored on the Order dated 29 October 1998 issued by Secretary Horacio R. Morales, Jr. granting the exercise of retention right over the subject properties to her, thus, the latter is now requesting for its implementation in her petition dated 12 January 1999, entitled: "Petition-Letter for the Implementation of the Secretary's Decision dated 29 October 1998 in Doc. No. A-04000018-97". However, with the findings of Atty. Laarni Omar in a Memorandum dated 3 March 1999, a number of factual incidents regarding the Order of the Secretary was observed which prompted you now to seek clarification on the issue, whether Title No. T-2528 which was issued in 1962 (involving approximately a 25-hectare sugarland and co-owned by Clemente and Maria Alipit) was considered in the Order upholding the right of Maria L. Alipit to retain the rice and corn lands covered by the subject EPs.

It appears that the issue on the alleged 25-hectare sugarland was never the subject of the Order after having verified the same with the Claims and Conflicts Division, Bureau of Agrarian Legal Assistance, DAR Central Office. However, considering that the Order of the Secretary dated 29 October 1998 may already be deemed as final and executory, it is believed that execution thereof in accordance with its express orders is now imperative to effect, an orderly implementation of the Secretary's Order. This is without prejudice, however, to the eventual probable coverage under CARP of the alleged 25-hectare sugarland co-owned by Clemente and Maria Alipit pursuant to existing agrarian laws, rules and regulations.

(SGD.) DANILO T. LARA

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

Atty. Ceferino L. Padua

Suite 6-D, 6th Floor G.E. Antonino Bldg.

T.M. Kalaw, Ermita, Manila

1000 Manila

The Provincial Agrarian Reform Officer

2nd Floor, W.A.L. Bldg.

Brgy. Callos

Sta. Cruz, Laguna

The Municipal Agrarian Reform Officer

DAR-Municipal Office

Calamba, Laguna