January 28, 1997
DAR OPINION NO. 07-97
PARO Rogelio O. Rondan
DAR Provincial Office
Balogo, Sorsogon, Sorsogon
Dear PARO Rondan:
This has reference to your request for guidance relative to the stand of DAR on who are entitled to the compensation on the expropriated lands which are covered by CLOAs.
Your letter of 24 July 1996 reveals the following facts, to wit: 1) That as early as 1989 and 1990, landowners Chui Tay, Marciano Hermo, Jr., and Salvador Encinas — offered for sale under the VOS scheme their agricultural properties consisting of 35.0000 has., 42.6640 has., and 63.5301 has., respectively; 2) That said properties were distributed to at least 64 bonafide tenants of the aforesaid landowners; 3) That Trust Deposits for the offered properties were made by the LBP in 1995 and 1991; 4) That the area subject of expropriation consist of a total area of 10.6250 has.; and 5) That at least 16 farmer-beneficiaries are to be affected by the expropriation.
We concur with your opinion that the affected FBs are entitled to the compensation of the property subject of expropriation they being the new owners by virtue of the CLOAs issued in their favor. The fact that landowners Tay, Hermo and Encinas voluntarily offered their agricultural properties for coverage under CARP, the contract of sale is deemed perfected upon the acceptance by the DAR and by the execution of the Deed of Transfer.
With the foregoing as the guiding principle, and likewise taking the plight of the landowners, please cause the immediate conversion of the Trust Deposit into cash and LBP bonds so that the same may now be withdrawn by said landowners in full (pursuant to A.O. 2, S. of 1996), even pending their protest against the valuation.
For guidance.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Planning and Policy
Copy furnished:
The Regional Director
DAR Region V
Legaspi City
Mr. Jose Z. Grageda
Director IV for Operations
DAR Region V
Legaspi City
The Chief Legal Division
DAR Region V,
Legaspi City