June 7, 2002

DAR OPINION NO. 20-02

Mr. Melecio Carumba
Wao, Lanao del Sur

Dear Mr. Carumba

This refers to your request for issuance of an Order as to who between Mr. Sofronio Eulogio, Mr. Remie Carumba and you has the better right over Lot 22, Pls-727.

As alleged in your letter, you and Sofronio Eulogio were both bona fide settlers, under NARRA, in Wao, Lanao del Sur; that Lot No. 77 located at Pagalungan, Wao, Lanao del Sur, was allocated to Sofronio Eulogio and Lot 22 Pls-727 which was allocated to Sofronio Eulogio, was included by the latter in his cultivation; that sometime in January 11, 1972, Sofronio Eulogio sold his rights to you over Lot 77, Pls-727, but he included Lot 22 which was not allocated to him; that on 19 October 1983, the DAR issued a "Resolution Ordering the Cancellation of Two Hundred Seventy Seven Farm Lot Allocations at the Wao Settlement Project, Lanao del Sur", where Lot 77, Pls-727, previously issued to Sofronio Eulogio, was also cancelled; that on November 6, 1984, Lot 77, Pls-727 was allocated to applicant-settler Mario Carumba per Masterlist of Thirty One (31) Settlers-Applicants of Lanao del Sur Settlement Project No. 1, Wao, Lanao del Sur; that Lot 22, Pls-727 was applied for by Remie Carumba immediately after PARO Kamar M. Mindalano, Al Haj, in PARO Case No. 90-001, entitled: Sofronio Eulogio vs. Melecio Carumba, ruled in your favor; that due, however, to subsequent filing of DAR Case No. 12-1116-92 by Sofronio Eulogio against you, the application of settler Remie Carumba over Lot 22, Pls-727 was not acted upon to the present time; that Remie Carumba caused the land to be declared for taxation purposes under TD # E-1638 dated 28 May 1993, and has been paying taxes therefor every year; that Sofronio Eulogio, not satisfied with the result of PARO Case No. 90-001, elevated the case to the Office of Regional Director Yusop B. Mama; that in a Resolution dated 15 June 1993, Director Mama, in DAR Case No. 12-1116-92, reversed the decision in PARO Case No. 90-001 adjudicating that Sofronio Eulogio is the allocatee of Lot No. 22, Pls-727; that you filed a Petition for annulment and cancellation of said Order on 08 July 1993 with the Office of the Provincial Adjudicator (DARAB Case No. XII-098-LS-93); that a decision was rendered on 07 October 1993, setting aside the decision of Director Mama and affirming the previous decision in PARO Case No. 90-001; that on 14 December 1993, Sofronio Eulogio filed a Motion for Reconsideration of the 07 October 1993 Decision; that the PARAD issued an Order dated 13 June 2000 setting aside the decision dated October 7, 1993 for lack of jurisdiction, directing the remanding of the entire records of the case to the office of the Regional Director for proper disposition; that you filed a Motion for reconsideration of the 13 June 2000 Order; that while the matter was still pending with the DARAB, Regional Director Faisar Mambuay issued an Order of Execution dated 18 July 2000 in DAR Case No. 12-1116-92; that you filed a Quashal of Order of Execution dated 03 August 2000; and, that, lately, an Alias Order of Execution dated 24 April 2001 was issued by Regional Director Faisar A. Mambuay. Thus, this request.   HCEaDI

As it appears, the core issue here is the question of who, between the Regional Director and the PARAD, has jurisdiction to determine who between Sofronio Eulogio and Melecio Carumba or Remie Carumba is entitled to Lot 22?

It is our considered opinion that it is the Regional Director who has the jurisdiction over the matter since it is an issue involving strictly the administrative implementation of agrarian laws. The PARAD himself recognized this when he set aside his earlier decision on the matter and remanded the same to the Regional Director for proper disposition. You may then argue the perceived merits of your case before said official and in the event you feel you are aggrieved, appeal, if still warranted, may be availed of as provided for under existing rules.

We hope to have clarified the matter.

Very truly yours,

(SGD.) VIRGILIO R. DE LOS REYES
Undersecretary for Policy, Planning and Legal Affairs Office