September 4, 1996

DAR OPINION NO. 74-96

Director Abrino Aydinan

DAR Cordillera Administrative Region

Baguio City

Dear Director Aydinan:

This has reference to the undated letter of then OIC-Regional Director Angelito G. Castillo seeking clarification as to whether the Regional Director possesses the authority to sign a Memorandum of Agreement relative to a Deed of Donation of a parcel of land in favor of the Department of Agrarian Reform which was executed in 1978 by the Provincial Government of Benguet.

Please be informed that Section 7 of Executive Order No. 129-A dated July 26, 1987 expressly provides that the authority and responsibility for the exercise of the mandate of the DAR (Section 4) and the discharge of its powers and functions shall be vested in the Secretary of Agrarian Reform who shall have supervision and control over the Department. Consequently, it is only the Secretary who is clothed with authority to sign or execute documents relative to the implementation or in furtherance of the agrarian reform program, such as execution of Memorandum of Agreement that will benefit the agrarian reform beneficiaries.

However, a delegation of this authority may be effected in favor of the Regional Director but unfortunately there is none as yet.

In view thereof, the Memorandum of Agreement is herewith returned with the request that it be revised attaching thereto the pertinent documents and submit it to this office for consideration and approval of the Secretary.

Very truly yours,

(SGD.) LORENZO R. REYES

OIC-Undersecretary
LAFMA