February 27, 2002
DAR OPINION NO. 13-02
ATTY. PLARIDEL O. BOHOL
Bohol Law Office
Mabini Avenue 6700
Catbalogan, Samar
Dear Atty. Bohol:
This refers to your letter dated 26 March 2001 addressed to Honorable Hernani A. Braganza, Secretary, requesting that the Office of the Provincial Agrarian Reform in Catbalogan, Samar, be required to produce your VOS papers and documents and to inform this Office as to the status of it in connection with the VOS of your fishpond consisting of about twenty-seven (27) hectares. EIcSDC
You stated that as early as 1987, your fishpond, which is covered by three (3) Certificates of Title situated in Barangay Pangdan, Catbalogan, Samar, was offered to the Department for VOS thru Engr. Reynaldo Villas, PARO of Catbalogan, Samar; that you complied with all the requirements, thus, said VOS was endorsed to the Land Valuation and Landowners Compensation Office of the Land Bank in Tacloban City, thru Mr. Jose B. Yulo, Jr., Department Manager III; that Mr. Yulo found that there is a swamp in your fishpond to be segregated by some of DAR's technical men; that, since then, you were no longer informed of what happened to your VOS; and, that you reiterated your request for the processing of your VOS through Provincial Agrarian Reform Officer Rodolfo Gonzaga but the same was allegedly ignored prompting you to file a complaint with the Ombudsman (Visayas).
By an indorsement dated 20 April 2001, your letter was referred by Director Gloria J. Fabia, Bureau of Land Acquisition and Distribution, DAR Central Office, to PARO Rodolfo Gonzaga for appropriate and corresponding action. In a report dated 18 July 2001 submitted by DAR Provincial Quick Response Officer (PQRO) Deogracias F. Davantes III to PARO Rodolfo E. Gonzaga, it was stated that:
"No action has been taken by MARO since the deferment lapsed in 1998 to date because of the notices of lis pendens. Based on the information given by the MARO, the fishpond has been waterless for a long time already and sediments accumulated thickly thereby making it shallow. It would be very expensive to develop the areas again and would seem not feasible to recover whatever investment you put into it. Besides, there are no takers." (emphasis supplied)
In a memorandum-indorsement, Director Gloria J. Fabia referred your letter, together with its case folder, to this Office for legal advice/opinion.
DAR Administrative Order No. 06, series of 1997 (Revision of Administrative Order No. 05, series of 1992, Entitled, "Clarificatory Guidelines and Amendments to Administrative Order No. 09, series of 1990"), specifically item No. II.B (2) thereof, provides:
"II.B. The DAR may reject a voluntary offer to sell under the following instances:
xxx xxx xxx
(2) There are no takers or willing agrarian reform beneficiaries (ARBs) for valid reason (e.g., peace and order situation prevailing in the area). This is without prejudice to future coverage of the area under the CARP." (emphasis supplied)
On the basis of the aforequoted report of DAR PQRO Deogracias F. Davantes III and the abovecited provision of DAR Administrative Order No. 6, series of 1997, the DAR may refuse the VOS in issue without prejudice, however, to future coverage of the area under the Program, if already warranted.
We hope to have clarified the matter.
Very truly yours,
(SGD.) VIRGILIO R. DE LOS REYES
Undersecretary for Policy, Planning and
Legal Affairs Office
Copy furnished:
Director, Gloria J. Fabia
BLAD
This Department
PARO Rodolfo Gonzaga
DAR Provincial Office
Catbalogan, Western Samar
The Municipal Agrarian Reform Officer
DAR Municipal Office
Brgy. Pangdan, Catbalogan, Samar