September 23, 1996

DAR OPINION NO. 78-96

Mr. Herman M. Libarnes

Municipal Vice-Mayor

Office of the Sangguniang Bayan

Municipality of Cabadbaran

Province of Agusan del Norte

Dear Vice-Mayor Libarnes:

Anent the Sangguniang Bayan Resolution No. 45-96 of Cabadbaran, Agusan del Norte, requesting for a reconsideration of the DAR Opinion denying the Deeds of Donation executed by JC AGRI-Development, Inc. in favor of the Municipality of Cabadbaran, we wish to inform you, with respect to the said resolution, that this Office denies the same for reasons already explained in DAR Opinion No. 76, Series of 1995 dated November 27, 1995 rendered by then Asst. Secretary (now Undersecretary) Hector D. Soliman. The NEDA also supports the DAR's view that "said Deeds of Donation are clearly in violation of CARL and therefore null and void pursuant to the last paragraph of Section 6 of R.A. 6657", and further contend that "The DAR's action to deny the Deed of Donation is consistent with Section 1 item (d) of MC 54 which reaffirms that agricultural lands under the Comprehensive Agrarian Reform Law shall not be covered by said classification".

We therefore regret to say that the DAR's opinion stands. Thank you.

Very truly yours,

(SGD.) LORENZO R. REYES

OIC-Undersecretary
LAFMA

Copy furnished:

Mr. Buenaventura C. Magsalin

Special Assistant to the Executive Secretary

Office of the President of the Philippines

Malacañang, Manila