June 3, 1996

DAR OPINION NO. 41-96

Hon. Kabuntalan Emblawa Al Haj

Secretary

DAR — Autonomous Region in Muslim Mindanao

Cotabato City

Sir:

This refers to the claim of Datu Abas N. Piang for compensation involving a 400-hectare agricultural land situated at Buayan, Datu Piang, Maguindanao which Mr. Piang voluntarily offered for coverage under CARP.

Records reveal that the land offered for CARL coverage was classified as alienable and disposable only on 15 July 1985 (per a CENRO Certification dated 24 October 1994); that the VOS Claim Folder of Datu Piang was returned to the DAR by the LBP Land Valuation Office of Region 12, in view of the provision in Joint DAR-LBP-DENR Circular No. 12, Series of 1994  that the DAR shall only cover lands classified as alienable and disposable prior to 16 April 1960; that Datu Piang sought reconsideration of the LVO's action, on the basis of his ancestral claim over the property; and that in his letter of 11 July 1995, Undersecretary Jose C. Medina, Jr. clarified that since the landholding involved is located in a province within the Autonomous Region in Muslim Mindanao, it is the DAR-ARMM and not the DAR that has jurisdiction to act on Datu Piang's VOS Claim.

The Land Bank, thru Vice President Augusto M. Aquino has reiterated its request for DAR to resolve the issue on the CARP coverage of subject agricultural land which is untitled and is claimed by Datu Piang to be ancestrally his.

Considering that the landholding is located in a province within the ARMM, it is not the DAR but the DAR-ARMM that has jurisdiction an the CARP coverage thereof. Moreover, the 3rd paragraph of Section 9 of CARL provides:

"Any provision of law to the contrary nothwithstanding, the PARC may suspend the implementation of this Act with respect to ancestral lands for the purpose of identifying and delineating such lands: Provided, that in the autonomous regions, the respective legislatures may enact, their own laws on ancestral domain subject to the provisions of the Constitution and the principles enunciated in this Act and other national laws." (emphasis supplied)

Said legal provision underscores the legislative intent to allow the autonomous regions to decide on ancestral claim, such as that of Datu Piang.

As the CARP coverage of the property falls squarely within your jurisdiction, we are respectfully referring Datu Piang's VOS Claim to your Office.

Very truly yours,

(SGD.) LORENZO R. REYES

OIC-Undersecretary
LAFMA

Copy furnished:

Datu Abas N. Piang

No. 2, HK Doton St.

A. Badoy Sr. Avenue

9600 Cotabato City

Atty. Augusto M. Aquino

Vice President

Agrarian Legal Office

Land Bank of the Philippines

Makati City

Director Gloria J. Fabia

BLAD

MARO Abundio Suck, Jr.

Tribal Farmers Affairs Group

DAR Quezon City