October 23, 1996

DAR OPINION NO. 96-96

ATTY . CORLETO R. CASTRO

Bugallon, Pangasinan

2416

Dear Atty. Castro:

This refers to your letter-query dated Marsh 26, 1996.

With respect to your first query, please be informed that in the years 1977 to 1987 it was the DAR Secretary who approved or denied application for retention/exemption pursuant to PD. 27. The Regional Director merely recommended approval or denial thereof, based on a investigation reports submitted by the field personnel. However, due to the increasing backlog of unresolved cases in the Central Office which delayed the completion of the program, DAR Memorandum Circular No. 5, Series of 1987 (copy attached) was issued delegating this authority to the Regional Director.

Regarding your second query, as to whether a written application was necessary at that time, the answer is in the affirmative.

We hope to have enlightened you on the matter.

Very truly yours,

(SGD.) LORENZO R. REYES

OIC-Undersecretary
LAFMA

Copy furnished:

OSEC

Doc. No. 96040025