March 10, 1998

DAR OPINION NO. 35-98

VALERIO C . PEREZ

Executive Director

Lingayen Gulf Coastal Area Management Commission

3rd. Floor, TAP Bldg. Maramba Blvd.

Lingayen, Pangasinan

Dear Director Perez:

This has reference to your letter dated 12 February 1998 addressed to Hon. Ernesto D. Garilao, Secretary of the Department of Agrarian Reform relative to the impending plan of Lingayen Gulf Coastal Area Management Commission (LGCAMC) to have the Certificate of Land Ownership Award (CLOA) previously awarded to Bolo Development Cooperative, Inc. (BOLODECO) cancelled.

As culled from your letter, you state that the subject property consists an area of 407.541 square meters and is situated at Barangay Telbang Pandan, Alaminos, Pangasinan; that on 29 November 1993 said landholding was awarded to BOLODECO by the Department of Agrarian Reform as evidenced by Certificate of Land Ownership Award No. 00092027; that notwithstanding the directive/instruction of President Fidel V. Ramos to recover said property located within the area of the Hundred Islands National Park (HINP), which was allegedly illegally titled in the name of BOLODECO, the Lingayen Gulf Coastal Area Management Commission could not initiate proceedings for the cancellation of the CLOA in issue on the ground that it has no personality to do so; and that during the Inter-Agency Conference on the matter, it was finally decided that it is the DAR and the Philippine Tourism Authority (PTA) which possess the required personality to initiate appropriate action for cancellation of the CLOA issued in the name of BOLODECO.

It is your contention that the subject property was illegally titled in the name of BOLODECO and is part and parcel of the Hundred Islands National Park, (HINP), thus, the land is exempt/excluded from P.D. No. 27/E.O. No. 228 or CARP coverage and the CLOA must thereby be accordingly cancelled pursuant to DAR Administrative Order No. 02, Series of 1994 (copy attached). Believing, however, that Lingayen Gulf Coastal Area Management Commission has no personality to take proper steps to cancel said CLOA, proceedings for the cancellation thereof should therefore emanate from the PTA and this Department.

After a thorough evaluation of the fact, it is clear that the Department of Agrarian Reform Adjudication Board (DARAB) has the jurisdiction to cancel, if warranted, the CLOA previously awarded to BOLODECO. This infallible conclusion is apparent. under Rule II, Section I, paragraph (f) of the DARAB New Rules of Procedure which expressly provides that the DARAB shall have primary and exclusive jurisdiction, both original and appellate, to determine and adjudicate all agrarian disputes involving the implementation of the Comprehensive Agrarian Reform Program (CARP) under Republic Act No. 6657, Executive Order Nos. 228, 229 and 129-A, Republic Act No. 3844 as amended by Republic Act No. 6389, Presidential Decree No. 27 and other agrarian laws and their implementing rules and regulations. Specifically, such jurisdiction shall include those involving the issuance, correction and cancellation of Certificates of Land Ownership Award (CLOAs) and Emancipation Patents (EPs) which are registered with the Land Registration Authority. Since the CLOA covering the disputed property was registered with the Register of Deeds for the Province of Pangasinan on 29 November 1993 as shown by Original Certificate of Title No. 2077, it is the DARAB that should take cognizance over the case upon filing of petition by the Philippine Tourism Authority (PTA). This is without prejudice, however, on the findings and recommendations of our concerned field officers and the rights of the affected beneficiaries after due investigation/ocular inspection, consultation, and proper determination on the merits of the case pursuant to existing agrarian laws, rules and regulations.

Please be guided accordingly and we hope to have clarified the matter with you.

Very truly yours,

(SGD.) ARTEMIO A. ADASA, JR.

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

1.      Regional Director

         Department of Agrarian Reform

         San Fernando, La Union

2.      Provincial Agrarian Reform Adjudicator

         Human Settlement, Building

         Urdaneta, Pangasinan

3.      Provincial Agrarian Reform Officer

         Human Settlement Building

         Urdaneta, Pangasinan

4.      Municipal Agrarian Reform Officer

         Alaminos, Pangasinan