April 8, 1998

DAR OPINION NO. 46-98

PARO Alexis M . Arsenal

DAR-Provincial Office

Luna St., La Paz

Iloilo City

Dear FARO Arsenal:

This is in reply to your letter of 13 March 1998 requesting for clarification as to who, between the Regional Director. and the Provincial Agrarian Reform Officer, is the complainant in illegal conversion cases as enunciated under Section 73 (c) and (d) of R.A. No. 6657 and Section 11 of R.A. No. 8435.

Please be informed that pursuant to Joint DAR-DOJ Administrative Order No. 4, Series of 1993 as amended by Joint DAR-DOJ Administrative Order No. 5, Series of 1994 (copy attached), it expressly provides that the DAR Members of the Provincial/City Task Force have the duty to file the necessary complaint-affidavit together with supporting documents before the task force member prosecutor. In turn, it is the duty and responsibility of the DOJ Prosecutor Member to recommend and file criminal cases before the courts against the landowners and developers involved in illegal conversion of agricultural lands under R.A. No. 6657. Likewise stated therein is that the Provincial/City Task Force is jointly headed by the DAR Chief Legal Officer in the province and the Provincial or City Prosecutor. It has for its members thereof the Chief Agrarian Reform Program Officer in the said province including two (2) MAROs to be designated by the PARO and, likewise, the Assistant Provincial/City Prosecutors to be designated by the Provincial/City Prosecutor.

From the aforesaid circumstances, it is believed that the Department Of Agrarian Reform which may be properly represented by the Provincial Agrarian Reform Officers may serve as the complainants in illegal conversion cases, considering that they are in the best position to determine the factual incidents regarding the matter.

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