July 23, 1996

DAR OPINION NO. 60-96

PARO Dominador B. Andres

DAR Provincial office

Talavera, Nueva Ecija

Dear PARO Andres:

This refers to your request for clarification relative to DAR Administrative Order No. 2, Series of 1994, specifically on the following issue: Does reallocation under the aforecited Administrative Order presuppose that the PARAD covers the screening of qualified FB-successors, devoid of participation by the PARO and MARO?

You state that several Orders issued by DAR Adjudicators in Nueva Ecija for the cancellation of EPs/CLOAs include the determination of the new FB-successor without the involvement of the MARO and the PARO. You believe that the cancellation of EP/CLOA is the domain of DARAB, but screening of FB-successors for lands subject of cancelled EP/CLOA is the domain of the PARO and MARO.

Item IV par. D of DAR Administrative Order No. 2, Series of 1994 clearly provides that the decision of the DARAB may include cancellation of registered EP/CLOA, reallocation of the land to qualifies beneficiary and other ancillary matters related to the cancellation of the EP or CLOA. From the said provision, it is clear that the Decision of the PARAD/RARAD in cases of cancellation of registered EP/CLOA can extend to the screening of ARBs and the reallocation of the land subject of the cancelled EP/CLOA, where the issue of reallocation/screening is related thereto. In such cases, the MARO/PARO, thru a duly-designated DAR lawyer, may intervene for purposes of making a recommendation on the qualified reallocatee. Where the PARAD/RARAD Decision has already been issued, and the field officer concerned believes that these is a qualified reallocatee other than the one named in the Decision, he may move for Reconsideration or Appeal, where applicable.

Please be guided accordingly.

Very truly yours,

(SGD.) LORENZO R. REYES

OIC-Undersecretary
LAFMA

Copy furnished:

OSEC

Doc. No. 94040531