February 20, 2002

DAR OPINION NO. 05-02

ENGR. EDWIN M. AMELLA
OIC-MARO
Municipal Agrarian Reform Office
Banisilan, Cotabato

Dear Engr. Amella:

This refers to your letter-query dated 01 August 2001, inquiring on what agency is responsible in issuing Certificate of Title to patrimonial lots within DAR Resettlement Project turned-over to the local government unit of Banisilan and to other patrimonial lots still to be turned-over to concerned government entities.   CacISA

You stated that the DAR Resettlement Project in Banisilan, Cotabato has almost finished the distribution of farmlots and is now concentrating on the distribution of homelots, residential and/or commercial lots; and, that you have a problem on who should process the title of patrimonial lots already turned-over to the Local Government Unit (LGU) and to other patrimonial lots still to be turned-over.

Under the provisions of the guide MOA by and between the DAR and Local Government Unit concerned, said MOA being attached to and forming part of DAR Memorandum Circular No. 26, series of 1995, the PARO Office shall assist the Municipality or LGU in securing the corresponding title/s from the proper Register of Deeds (ROD). As provided in the 7th WHEREAS Clause of the guide MOA,

". . . the DEPARTMENT do hereby turn over and convey unto and in favor of the MUNICIPALITY CITY all the items enumerated in Appendix "A" and shall cause, through its Provincial Agrarian Reform Office, the issuance of corresponding Certificates of Title in favor of the MUNICIPALITY/CITY from the Register of Deeds concerned . . .." (emphasis supplied)   DEcSaI

Please be guided accordingly.

Very truly yours,

(SGD.) VIRGILIO R. DE LOS REYES
Undersecretary for Policy, Planning and
Legal Affairs Office

Copy furnished:

PARO Marion Abella

DAR Provincial Office

New Kidapawan Hardware Bldg.,

Quezon Blvd., Kidapawan City