December 23, 1999
DAR OPINION NO. 82-99
PARO Felicidad C . Bañares
DAR. Provincial Office
Luna St. La Paz
Iloilo City
Dear PARO Bañares:
This refers to your request for opinion relative to the implementation of the Agrarian Reform Program on lands declared and classified as alienable and disposable after April 16, 1960 pursuant to Republic Act No. 6940. More specifically, your queries are as follows:
1. What to do with generated Emancipation Patents under P.D. No. 27 which were not distributed and held in abeyance by reason of R.A. No. 6940; and
2. What to do with landholdings under OLT with direct payment scheme but without EP generated or issued to date.
You stated that lands located in the Municipalities of Tigbauan, Guimbal, Miag-ao and San Joaquin, all in the first district of Iloilo, were declared alienable and disposable after 16 April 1960; that pursuant to R.A. No. 6940, titling of these landholdings fall within the jurisdiction of the DENR; that you believe that the Joint DAR-DENR Memorandum Circular No. 19, Series of 1997, entitled: Guidelines to Implement the Joint DAR-DENR Memorandum Circular No. 14, Series of 1997 Regarding Untitled Private Agricultural Lands", refers to CARP beneficiaries under R.A. No. 6657 and not to beneficiaries under P.D. 27; and that the generated EPs under P.D. No. 27 could have conferred titles to the identified farmer beneficiaries after full payment but the distribution was held in abeyance because of conflict in jurisdiction.
Pursuant to Joint DAR-DENR M.C. No. 19, Series of 1997, untitled alienable and disposable lands, as herein, over which the land claimant lacks the required 30 years or more continuous occupancy, whether tenanted or not, shall be under the jurisdiction of the DENR. But if the lands are found to be suitable for agriculture, the DENR shall transfer the same to DAR for CARP coverage pursuant to the mandate of the Comprehensive Agrarian Reform Law (CARL) of distribute lands to qualified beneficiaries.
Joint DAR-DENR Memorandum Circular No. 19, Series of 1997 further provides, quote:
"in the case of an entire municipality or portion thereof which was classified as A and D after April 1960, the MARO concerned shall immediately exclude from his land acquisition and distribution (LAD) scope such landholdings as may be located therein and report the matter to the DAR Undersecretary for Field Operations through the PARO and DAR Regional Director, copy furnished the DENR CENRO."
Following the procedures laid down under circular, the DENR shall make available to DAR officials concerned all the records necessary to implement the circular while the latter, on the other hand, shall provide the DENR the list of untitled properties identified or documented for CARP coverage. As soon as the DAR and DENR are able to jointly identify specific properties that may be covered under CARP, the DENR shall issue the certification required and the MARO shall initiate the compulsory acquisition process, proceed to generate CLOAs in accordance with existing guidelines, register the same with the Register of Deeds and thereafter distribute them to qualified beneficiaries.
Until such time, therefore, the above procedure is followed, any and all issued or to be issued titles will be of doubtful validity.
Please be guided accordingly.
Very truly yours,
(SGD.) FEDERICO A. POBLETE
Undersecretary for Legal Affairs, and Policy and Planning