February 4, 1998
DAR OPINION NO. 12-98
Mr. Hector A. Bueno
Provincial Agrarian Reform Officer
Albay Provincial Office
Cabangan, Camalig, Albay
Dear PARO Bueno:
This has reference to your letter dated 22 November 1997 seeking clarification relative to the repealing clause of DAR Administrative Order No. 07, Series of 1997.
It is your observation that there was an error in the repealing clause of DAR A.O. No. 07, Series of 1997 when it repeals DAR A.O. No. 12, Series of 1990, instead of DAR A.O. No. 12, Series of 1994. We subscribe to your view that an error was indeed committed when DAR A.O. No. 07, Series of 1997 was officially published on 5 November 1997 in Business World and Philippine Daily Inquirer expressly repealing DAR A.O. No. 12, Series of 1994. It is a settled rule that a repeal is deemed to exist when it is shown that the statutes or statutory provisions dealing with the same subject matter are inconsistent. There must be a showing of repugnancy clear and convincing in character. The language used in the latter statute must be such as to render it irreconcilable with what had been formerly enacted.
Obviously, there could be no repeal to speak of because the subject implementing rules and regulations deal with different subject matters. Specifically, DAR A.O. No. 07, Series of 1997 deals with the rules and procedures governing conversion of agricultural lands to non-agricultural uses, whereas DAR A.O. No. 12, Series of 1990 deals with the policy guidelines and operative procedures in the identification and acquisition of idle or abandoned lands. As such, there could be no possible repeal of the previous implementing rules and regulations by the latter one. What our Department rightfully intends is to repeal or put an end to the efficacy of DAR A.O. 12, Series of 1994 since the two involves identical subject matters. Upon the discovery of this glaring error, DAR Administrative Order No. 10, Series of 1997 (copy attached) was immediately issued to rectify the error in the repealing clause of DAR A.O. No. 7, Series of 1997. As it is, the confusion is now a settled issue.
Please be informed and guided accordingly.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy and Planning