July 7, 1998
DAR OPINION NO. 80-98
THE HONORABLE GENERAL MANAGER
Philippine Tourism Authority
T.M. Kalaw St., Rizal Park
Manila
Dear Sir:
This refers to the problem confronting the Lingayen Gulf Coastal Area Management Commission (LGCAMC) as to who, between the Philippine Tourism Authority (PTA) on the one hand and the Department of Agrarian Reform (DAR) on the other hand, has the required personality to initiate appropriate action for cancellation of the Certificate of Land Ownership Award (CLOA) issued in the name of Bolo Development Cooperative, Inc. (BOLODECO).
The move to cancel the CLOA previously issued to BOLODECO stemmed from the directive/instruction of President Fidel V. Ramos to recover the subject property located within the area of the Hundred Islands National Parks (HINP) which was allegedly illegally titled in the name of said awardee. The LGCAMC believes that the subject landholdings is exempt from CARP coverage pursuant to Section 10 of Republic Act No. 6657 (Comprehensive Agrarian Reform Law) for being part and parcel of the Hundred Islands National Parks.
A close reading of R.A. No. 6657 readily suggests that the personality to cancel the CLOA apparently erroneously issued in the name of BOLODECO pertains to the aggrieved party, that is, one who stands to be injured by the issuance thereof. Applying the abovementioned principle, there is no doubt that it is the PTA and not the DAR which possesses both the required personality and material interest to petition for the cancellation of registered CLOA issued in the name of the awardee before the Department of Agrarian Reform Adjudication Board (DARAB). Moreover, the authority of the PTA to initiate the move to the exclusion of the DAR is likewise predicated on equality, that is, to allay fears and dispel any doubt on the independence of the DARAB in handling agrarian disputes. Relative thereto, attached herein is DAR Opinion No. 35, Series of 1998 dated 10 March 1998.
From the foregoing, may we hereby respectfully request your good office to initiate the filing of a petition for cancellation of the CLOA in issue before the Provincial Agrarian Reform Adjudicator (DARAB) concerned.
Thank you.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
Valerio C. Perez
Executive Director
Lingayen Gulf Coastal Area Management Commission
3rd. Floor, TAP Bldg. Maramba Blvd.
Lingayen, Pangasinan
Regional Director
Department of Agrarian Reform
San Fernando, La Union
Provincial Agrarian Reform Adjudicator
Human Settlement Building
Urdaneta, Pangasinan
Provincial Agrarian Reform Officer
Alaminos, Pangasinan
Office of the Solicitor General
Makati City