March 14, 1996
DAR OPINION NO. 13-96
Atty. Erlando A. Abrenica
Suite 204, Goldhill Tower
No. 5 Annpolis St., Greenhills
San Juan, Metro Manila
Dear Atty. Abrenica:
This has reference to your letter seeking opinion on whether a subdivision previously declared as exempted from Operation Land Transfer (OLT) coverage by the Department of Agrarian Reform Adjudication Board (DARAB) of Cabanatuan City and affirmed by the DARAB Central which has become final and executory be required to further submit certification from MARO/PARO by the Bureau of Lands to the effect that said subdivision is indeed exempt from OLT coverage.
Please be informed that certification from the MARO/PARO signifies that the exemption of the subject landholding from OLT coverage does not contravene P.D. 27 and its implementing guidelines. Briefly stated, it is a safeguard against possible circumvention of the said law to the prejudice of the tenants affected. Such being the case, the decision of the DARAB (Cabanatuan City) dated 13 July 1993 and affirmed subsequently by the DARAB Central dated 06 December 1995 is sufficient enough to dispense the certification requirement from MARO/PARO as required by the Bureau of Lands.
Moreover, the clear and unequivocal declaration by the DARAB's that said landholding is exempt from OLT coverage for the reason that it had been classified as residential subdivision by the City Council of Cabanatuan under its Resolution No. 381 dated 22 November 1963 and by the Land Registration Commission pursuant to R.A. No. 440 dated 13 December 1966 and 13 April 1967 respectively, that no tenancy relations could be created thereon are clear enough to dispel any doubt that the exemption were tainted with irregularities. Said decision declaring it as exempt from OLT coverage is already a substantial compliance of the certification requirements. So when a decision rendered already assures such ends, any ether requirements whatsoever that adds nothing but demands more requisites entirely superfluous, unnecessary and useless of the law, must be disregarded.
We hope to have clarified the matter with you.
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Undersecretary
LAFMA