June 7, 2002
DAR OPINION NO. 14-02
Atty. Salvador Z. Brioso
Attorney IV
Commission on Human Rights
ANST Bldg., Wash. Drive
Legazpi City
Dear Atty. Brioso:
This refers to your letter dated 21 September 2001 involving alleged farmers from Polangui, Albay, concerning the Regional Director's Order of Cancellation of their Certificates of Land Transfer (CLTs). aIcTCS
You stated that during the time of then President Ferdinand E. Marcos, the farmers were awarded Certificates of Land Transfer (CLTs) under P.D. 27; that subsequently, a certain landowner made a move to nullify/cancel said CLTs; and, that the Regional Director of DAR Region V in an Order dated 23 November 1988 cancelled the CLTs [more or less, twenty (20)]. Hence, this request for opinion on the following queries:
1. Is the act of the Regional Director in cancelling the CLTs binding?
2. What will be the legal effect of the same?
3. What will be the status now of the CLTs?
Pursuant to DAR Memorandum Circular No. 05, series of 1987 (Authorizing Regional Offices to Hear/Investigate and Resolve), copy hereto attached, cases within the jurisdiction of the Regional Offices to be resolved by the Regional Directors concerned, include those arising from the implementation of Operation Land Transfer (OLT) pursuant to P.D. 27 and amendatory and related decrees, letters of instructions, rules and regulations. Said jurisdiction includes the cancellation of CLTs, as in the instant case. Thus, the Order dated 23 November 1988 of then Regional Director Jose C. Llames is valid and binding, and, the CLTs accordingly deemed cancelled, unless a motion for reconsideration or appeal was filed within the 15-day reglementary period from receipt of copy of the Order.
We hope to have clarified the matter.
Very truly yours,
(SGD.) VIRGILIO R. DE LOS REYES
Undersecretary for Policy, Planning and
Legal Affairs Office