November 3, 1998
DAR OPINION NO. 105-98
MR. HONORATO P. BATINO
#9 General Delgado
San Antonio Village
Pasig City
Dear Mr. Batino:
This refers to your letter dated 04 September 1998 requesting for information on whether or not the following properties located in Brgy. Halang, Calamba, Laguna are exempt from securing a DAR Exemption Clearance, to wit:
TCT No. Lot No. Area
T-351819 2-A 21,997 square meters
T-351820 2-B 15,000 square meters
T-351821 2-C 15,000 square meters
T-351822 2-D 15,000 square meters
You state that the above-mentioned lands were verified to fall within the classified Residential Zone as per Zoning Ordinance No. 09, Series of 1981 of the Municipality of Calamba, Laguna which was approved by the Human Settlement Regulatory Commission through Resolution No. R-28, Series of 1981.
In this connection, please be informed that pursuant to DAR Administrative Order No. 6, Series of 1994 (Guidelines for the Issuance of Exemption Clearance Based on Section 3 (c) of Republic Act No. 6657 and Department of Justice (DOJ) Opinion No. 44, Series of 1990) (copy attached), there is still a need to file an application for a DAR exemption clearance as regards the subject landholdings and the same must be adjudicated on the merits thereof. The requirements are detailed under the aforesaid guidelines.
Please be guided accordingly.
Very truly yours,
(SGD.) DANILO T. LARA
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
Eugenio B. Bernardo
DAR — Regional Director
E. Rodriguez Memorial Building
Capitol Compound, Pasig City
PARO Felixberto Kagahastian
DAR — Provincial Office
Sta. Cruz, Laguna
The Municipal Agrarian Reform Officer
DAR — Municipal Office
Calamba, Laguna