May 28, 1996
DAR OPINION NO. 39-96
Mr. Franklin E. Cocoy
Assistant Regional Director
DAR-CAR
Baguio City
Dear ARD Cocoy:
This refers to your request for opinion on whether or not there is legal basis for charging against CARP funds publication fees for petitions for correction of certain entries in the CLOAs issued to CARP beneficiaries.
You state that petitions have been filed by CARP beneficiaries with the RARAD/PARAD pursuant to DAR Administrative Order No. 2, Series of 1994, seeking the correction of certain entries in their CLOAs, such as a) name of beneficiaries, b) status, c) name of spouse, d) age, e) address and f) technical description of the lots; that these errors became apparent only after the registration of the CLOAs; that publication of these petitions for correction is required by the Adjudicator concerned; and that the farmer-beneficiaries could not, however, pay for said publication fee.
It is submitted that there is sufficient legal basis for charging against CARP funds publication fees for the correction of CLOAs issued to CARP beneficiaries.
Section 5(g) of Executive Order No. 129-A on Powers and Functions provides that the Department of Agrarian Reform, pursuant to its mandate and in order to ensure the successful implementation of CARP, is authorized to issue emancipation patents to farmers and farmworkers covered by agrarian reform for both private and public lands and when necessary make administrative corrections of the same. Moreover, the second sentence of Section 24 of R.A. 6657 provides that ownership of the beneficiary shall be evidenced by a Certificate of Land Ownership Award. Section 63 of the same law, in relation to Section 20 and 21 of E.O. 229, provides that the Agrarian Reform Fund shall be utilized to fully implement the provisions of said Act. Since the issuance of a CLOA to beneficiaries thereof is mandated by CARL, and administrative corrections of entries thereon if found necessary is part of that mandate, and considering further that CARP funds are intended to finance CARP implementation, charging the costs entailed in the correction of CLOAs issued to beneficiaries against said funds is legally tenable. It is noted, however, that there is no strict necessity for publication under the DARAB New Rules of Procedure.
Please be guided accordingly.
Very truly yours,
(SGD.) LORENZO R. REYES
OIC-Undersecretary
LAFMA
Copy furnished:
Mr. Jose Tambaoan
DAR Auditor
DAR Central Office
Mr. Camilo M. Boguen
State Auditor IV
Commission on Audit
Office of the Auditor
DECS, Division of Kalinga-Apayao
Bulanao, Tabuk, Kalinga-Apayao