November 10, 1999
DAR OPINION NO. 73-99
Mr. Themistocles R. Montalba
Neptune Street, Bahay Toro
Quezon City
Dear Mr. Montalba:
This has reference to your letter concerning the case: "Ramon Fian, Plaintiff vs. Melchor Toyong and Spouses Vicente and Juanita Toyong, Defendants", docketed as DARAB Case No. R-0800-0049-97 (For: Ejectment, Payment of Leasehold Rentals in Arrears), wherein you would like to request from this Office answers to the questions which the plaintiff asked you when you happened to meet him in your hometown regarding the decision dated 22 October 1997 rendered by Hon. Felixberto M. Diloy, Regional Adjudicator of Region VIII.
Please be informed that upon verification with the Department of Agrarian Reform Adjudicator Board, here in Central Office, we have learned that said case has been appealed and docketed thereat as DCN-8270. As much as we would want to resolve the issues at hand to clarify the same, our standing office policy forbids us from doing so. It is the Department's declared policy to maintain a hands-off stance in matters which are the subject of a pending litigation or controversy. The rationale behind our refusal to take cognizance of the issues raised is based on ethical ground, that is, to avoid conflicting opinions on the matter, and in order not to pre-empt any decision the DARAB may render. In effect, they are sub judice.
Thank you.
Very truly yours,
(SGD.) FEDERICO A. POBLETE
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
RARAD Felixberto M. Diloy
Department of Agrarian Reform
Adjudication Board
Office of the Regional Director
Sto. Niño Extension, Tacloban City
Atty. Ernesto G. Alicando
Department of Agrarian Reform
Regional Office No. VIII
Sto. Niño Extension, Tacloban City