April 30, 1998

DAR OPINION NO. 57-98

MEMORANDUM

TO                :     PARO LUIS B. BUENO, JR.
                          DAR — Provincial Office
                          Trese Martinez City, Cavite

SUBJECT     :    Letter dated 19 March 1998 of MARO Catalina Causaren Re: Request for
                        Coverage under CARP of the Santiago Belardo Property in Silang, Cavite

Subject letter seeks resolution of the issues raised therein in the determination of the CARPABILITY of the property of Santiago Belardo. The issues raised are as follows:

1.         Whether the Tax Declarations issued in favor of the alleged heirs of Santiago Belardo be accepted as evidence of ownership over the Subject landholding?

2.         Whether the DENR application for title by the children of Santiago Belardo be the basis for coverage as evidence of ownership?

3.         Whether their application for patent with the DENR entitles them of ownership despite the fact that they are not in actual possession or cultivation of the subject landholding which possession and cultivation has been undertaken by the members of Anak ng Pilipinong Magsasaka since 1950 long before they filed their application in 1987?

Deduced from the letter are as follows: that Pedro Narvaez, et al., members of Anak ng Filipinong Magsasaka, Inc. and tenants of the Santiago Belardo Property, filed a request for coverage under CARP of the Santiago Belardo Property covered by Tax Declaration No. 22805 with an area of sixty (60) hectares, more or less, situated at Sitio Lucdo, Brgy. Munting Ilog, Silang, Cavite; that on 3 December 1990, the subject landholding was recommended for coverage under Phase III of the Program and that the then MARO of Silang proceeded with the documentation, processing and identification of beneficiaries but for unknown reasons the same was temporarily stopped; that per Indorsement dated January 1998 of Atty. Rodolfo BM, Bueno, Chief of Legal Division, the MARO of Silang conducted an investigation and invited all parties concerned for a conference but the landowners or any of their representatives failed to attend; that due to continuous refusal on the part of the landowners to cooperate despite notice, on 20 January 1998, the MARO of Silang, Cavite, Mrs. Catalina Cuasaren, sent a Notice of Coverage of the subject landholding to the Heirs of Santiago Belardo, the alleged owners; and that the continuous processing of the coverage of the subject landholding has been temporarily stopped due to the aforequoted legal questions.

Considering that the issues relate to a specific case, we advise that the same be referred to your Regional Director for resolution pursuant to his authority under DAR Circular No. 5, Series of 1987 (as amended by Administrative Order No. 9, Series of 1994) and DAR M.C. No. 10, Series of 1997.

Nevertheless, please note that under Section 4 of R.A. No. 6657 it provides that all private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon are covered by the Comprehensive Agrarian Reform Program. It follows therefore that agricultural lands covered by Tax Declarations though untitled are also private properties which may likewise be the subject of coverage under CARP. Applying this to the property subject of the request for coverage, since the property is untitled and had already been identified as within the coverage of the CARP whereby a Notice of Coverage has already been issued, the following may be required in the determination of ownership thereof: 1) a certified copy of the latest tax declaration from the assessor's file in the name of the claimant with correct lot numbers and area per approved plan; 2) CENRO Certification pursuant to DAR-DENR-LBP Joint M.C. No. 12, Series of 1994; and 3) LRA Certification that the property is not within any decreed or titled property.

From the foregoing and notwithstanding the aforementioned issues raised, it is believed that the continuous documentation, processing and Identification of qualified beneficiaries must nonetheless be immediately undertaken as not to unduly delay or derail the implementation of the Program.

14 April 1998.

(SGD.) ARTEMIO A. ADASA, JR.

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

MARO Catalina Causaren

DAR Silang, Cavite

Raul Bautista

Legal Officer I

DAR Provincial Office

Trese Martirez, Cavite