February 20, 1998

DAR OPINION NO. 26-98

MEMORANDUM

TO                :     PARO LINDA G. HERMOGINO
                           DAR Provincial Office
                           B.S. Aquino Avenue, Baliuag, Bulacan

SUBJECT    :     DARAB Case No. R-03-02-5057-97 (Isabela Cultural Corporation Versus MARO — San Jose del Monte, PARO And Several Farmer-Beneficiaries)

This refers to your letter of 20 January 1998 seeking for an advice on which of the following, your Office will implement:

1)        Decision dated December 7, 1997 rendered by provincial Adjudicator Gregorio D. Sapera in the case entitled: Isabela Cultural Corporation versus MARO San Jose Del Monte; PARO Bulacan and several farmer-beneficiaries, docketed as DARAB Case No. R-03-02-5057-97, declaring in error the coverage under CARP of Lot 4-A, TCT No. 86445 registered in the name of Isabela Cultural Corporation with an area of 42.5544 hectares; and

2)        Order dated January 5, 1998 issued by the Office of the Undersecretary, PPLAO involving the Application For Exemption Clearance Pursuant To Administrative Order No. 13, Series of 1990 of the Isabela Cultural Corporation, denying the exemption clearance being sought for and ordering the continuance of the coverage under CARP of the parcel of land covered by TCT No. T-86445, with an aggregate area of 42.5544 has. situated at Barangay Tungkong Mangga, San Jose Del Monte, Bulacan, until just compensation due the landowner is paid and the titles issued to the qualified farmer-beneficiaries.

Your letter states that you are in a quandary considering that CLOAs were already generated and targeted for distribution.

In this connection, please be informed that in matters involving the administrative implementation of the Comprehensive Agrarian Reform Program (CARP), such as the coverage of the property of Isabela Cultural Corporation, the Order issued by the Office of the Undersecretary of PPLAO by virtue of Administrative Order No. 13, Series of 1990 should be implemented. This finds support under the DARAB New Rules of Procedure which provides that the Board shall have jurisdiction over all agrarian disputes involving the implementation of the CARP under R.A. No. 6657 and other agrarian laws and their implementing rules and regulations. However, matters involving strictly the administrative implementation of R.A. No. 6657 and other agrarian laws, rules and regulations (e.g., coverage, exemption and retention) shall be the exclusive prerogative of and cognizable by the Secretary of the DAR.

As can be gleaned from the foregoing, jurisdiction is clearly delineated. Since the case at bar involves issue of coverage/exemption which is well-within the exclusive determination by the administrative level or authority of this Department, it is thus submitted that the Order of January 5, 1998 should be implemented.

We advise, however, that proper steps be undertaken for the filing of a Petition for the Declaration of Nullity, of the Decision. It to directed that you seek assistance of our Regional/Provincial Lawyer to facilitate the preparation of the petition.

Please be guided accordingly.

February 5, 1998.

(SGD.) ERNESTO D. GARILAO

Secretary

Copy furnished:

The Regional Director,

DAR Region III

San Fernando, Pampanga

Atty. Vicente Aselo Sicat

DAR Regional Office

San Fernando, Pampanga

Atty. Joseph Noel Longboan

DAR Provincial Office

Benigno Aquino St.

Baliuag, Bulacan