March 15, 1996

DAR OPINION NO. 14-96

PARO Danilo M. Orbase

Department of Agrarian Reform

Provincial Office

Talipan, Pagbilao, Quezon

Dear PARO Orbase:

This has reference to your request for clarification on which agency had jurisdiction to issue a new title in favor of the National Power Corporation for lands covered by Emancipation Patents.

As gathered from your letter and a copy of the RTC decision in Civil Case No. 92-186 entitled. "National Power Corporation vs. Nicolas Portes, Alfonso Sagarino, Felipe Inoc and Daniel Catamio, the lots awarded to defendants pursuant to Presidential Decree No. 27, Series of 1972 are affected by the Pagbilao Coal-Fired Thermal Power Project of the NPC and that the defendants entered into Compromise Agreements regarding the transfer of their farmlots which became the basis for the aforementioned decision. Considering that then transfer of the farmlots covered by P.D. 27 was made by virtue of the power of eminent domain, it is submitted that the same does not contravene P.D. 27 and its implementing guidelines, hence, an ordinary title may be issued in favor of the NPC by the Register of Deeds.

Please be guided accordingly.

Very truly yours,

(SGD.) HECTOR D. SOLIMAN

Undersecretary
Legal Affairs, Finance,
Management & Administration