March 24, 1998
DAR OPINION NO. 40-98
JOSE Z. GRAJEDA
Provincial Agrarian Reform Officer
San Jose, Pili, Camarines Sur
Dear PARO Grajeda:
This has reference to your letter dated 29 October 1997 seeking for a legal opinion on the proper Interpretation of DAR Memorandum Circular No. 6, Series of 1978 as resolved, by the Court of Appeals in the case of "Lilia Y. Gonzales, as Co-Administratrix of the Estate of Matias Yusay vs. Land Bank of the Philippines and Ernesto Sigre, CA-G.R. SP. No. 28906.
This Office has consistently adhered to the standing policy of maintaining a hands-off stance on matters which are the subject of pending litigation or controversy before Judicial or quasi-Judicial bodies. Said policy is founded both on ethical and practical ground, that is, to avoid conflicting opinions and pre-judgment of the issues raised therein. As much as we would want to resolve the issues raised in your letter with reasonable dispatch, the aforesaid office policy forbids us from doing so. As verified, the subject controversy is pending before the Third Division of the Supreme Court and docketed as G.R. Nos. 109568 and 113454, respectively.
In reiteration, we refer to our earlier Memorandum dated 12 December 1997 declining rendition of an opinion on the issues raised therein for the following reasons:
1) The filing of a Petition for Review by Atty. Antonio K. Tupaz, then Chief, Litigation Division, DARCO with the Supreme Court;
2) The subsequent filing of "Manifestation" with the SC by Counsel for the DAR, Atty. Delfin B. Samson; and
3) The pendency of the above-cited case before the Third Division of the Supreme Court.
Please be further informed that a Comment dated 05 February 1998 was filed before the Supreme Court by the new Counsel, Atty. Aquilino M. Inocencio of the Litigation Division, Bureau of Agrarian Legal Assistance, relative to the substitution of Ernesto Sigre as petitioner in the above-entitled case in view of his death last 24 October 1995.
For information and guidance.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy and Planning