September 17, 1999
DAR OPINION NO. 45-99
MARO PELERMO S. SUGANOB
DAR-Municipal Office
Banga, Aklan
Dear MARO Suganob:
This has reference to your letter dated 6 May 1999 requesting for legal opinion with respect to untitled agricultural lands presently covered by Republic Act No. 6940 but previously subject of an approved CARP Deferment Order dated 27 February 1990 issued by Director Antonio S. Maraya of DAR Region VI.
You stated that before the deferment order expired, the above-mentioned properties were never placed under CARP coverage for it remained untitled and the DENR CENRO has issued a Certification that said properties were only classified alienable and disposable on 18 August 1960, hence, covered by R.A. No. 6940. Presently, the landowner sold portions of lot 376 to interested buyers since the area became urbanized, thus, you are posing the following queries:
1) Can DAR issue a certification to the effect that portions of lot 376, currently the subject of land transactions, is outside the jurisdiction of the DAR for it is covered by R.A. No. 6940; and
2) What will be the necessary action to be taken by our office with this kind of properties.
Anent query No. 1, as a general rule, untitled public A & D lands are within the jurisdiction of DENR pursuant to C.A. No. 141 (Public Land Act). Item II.C of Joint DAR-DENR Memorandum Circular No. 14, Series of 1997 specifically provides that all agricultural A & D lands classified as such after April 16, 1960, as herein, shall be under the exclusive jurisdiction of the DENR. Moreover, Item II.D of Joint DAR-DENR M.C. 19, Series of 1997 provides that untitled A & D lands over which the land claimant lacks the required thirty (30) years or more continuous occupancy, whether tenanted or not, shall be under the jurisdiction of the DENR. It does not mean, however, that it is not coverable by CARP, specifically the applicable provisions of Republic Act No. 6657. Our reply, therefore, to your query is in the negative.
As regards your second query in relation to the first, we are sending you copies of the above-mentioned Joint DAR-DENR Memorandum Circular Nos. 14 and 19, Series of 1997, which are self-explanatory, for your ready reference and guide.
Very truly yours,
(SGD.) DANILO T. LARA
Undersecretary for Legal Affairs, and Policy and Planning