October 11, 1996

DAR OPINION NO. 90-96

Mr. Plaridel M. Morania

Senior Board Member

Office of the Sangguniang Panlalawigan

Kalibo, Aklan

Dear Mr. Morania:

This has reference to Resolution No. 96-058 of the Sangguniang Panlalawigan of Kalibo, Aklan, requesting the Honorable Secretary of the Department of Agrarian Reform to allow the Provincial Agrarian Reform Officer (PARO) in the province of Aklan to issue a certificate of retention in place of the Regional Director.

We regret to inform you that the instant request cannot be granted since authority to issue a certificate of retention on landholdings covered under PD 27 or RA. 6657 lies exclusively with the Regional Directory (AO 11, Series of 1990; AO 4, Series of 1991). The Provincial Agrarian Reform Officer is only authorized to review and evaluate the report and recommendation submitted by the MARO, and if he finds it in order, forwards the same to the Regional Director for appropriate action, otherwise, return the same to the MARO for further investigation. Under said circumstances, inasmuch as the authority to grant order of retention or issue a certificate thereof has already been delegated by the Secretary to the Regional Director, it is believed that the same cannot be further delegated.

We hope to have enlightened you on the matter.

Very truly yours,

(SGD.) LORENZO R. REYES

OIC-Undersecretary
LAFMA