December 13, 1996
DAR OPINION NO. 104-96
Atty. Rogelio C. Arquillo
Provincial Agrarian Reform Officer
Province of Ilocos Norte
DAR Region I
Laoag City
Dear PARO Arquillo:
This refers to your query as to who will sign the Deed of Transfer of government reservation titled in the name of the Philippines and also you wish to be clarified whether the subject reservation can be distributed by the DAR or by the DENR.
You state that there are parcels of lands under the stewardship/administration of the Municipality of Carasi with an area of 536,722 square meters consisting of three (3) lots registered in the name of the Commonwealth of the Phil. And another consisting of seven (7) lots issued by then Governor General of the Philippine Island, Dwight F. Davis thru Proclamation No. 389 series of 1931 which lands were reserved for the exclusive use of non-Christian natives in the Municipality of Piddig, now Carasi. It is in this regard that the Municipality is seeking the assistance of the PARO to effect the distribution of the "ancestral" land to the qualified beneficiaries especially the non-Christian natives. You propose, however, that a MOA is the proper document to be executed by and between the Municipality and the DAR to effect the turn-over of the possession of the subject lands to the latter for distribution. On the other hand, you are apprehensive that the DENR may object to it as it may require the beneficiaries to file patent applications because DENR may claim that these are within its jurisdiction, hence, your request for clarification.
At the outset, R.A. 6657 (CARL) recognizes the right of indigenous cultural community to their ancestral lands for the protection of their economic, social and cultural well-being.
Under A.O. No. 4, Series of 1996 otherwise known as the Rules and Regulations Governing the Issuance of CARP Beneficiary Certificates (CBCs) to Indigenous Cultural Communities and Peoples Pursuant to Section 9 of R.A. 6657 provides in its policy statement that in recognition of their right to their ancestral lands, the DAR shall issue CBC to member/s of the indigenous cultural communities engaged in agricultural activities, in coordination with the issuance to them of Certificate of Ancestral Domain Claim (CADC) or Certificate of Land Claim (CALC) by the DENR. A Task Force shall be created by the Provincial Agrarian Reform Office to undertake the identification of indigenous farmers and agricultural lands in the area, the preparation of Parcellary Map Sketch Plan based on the CADC or CALC issued by the DENR, and extend support in the identification, delineation and recognition of ancestral land/domain claims pursuant to the MOA between the DAR and the DENR.
Anent your query, it is submitted that in order to facilitate the transfer of the subject lands ultimately to the natives-beneficiaries, we deem it right that a MOA will do for the transfer of the subject property to the DAR.
However, with regard to your apprehension that the DENR may object to it considering that said Office may claim that the subject properties are within their jurisdiction, we wish to inform you that the DENR may require the native/beneficiaries of the property to file their ancestral land/domain claim with the same in order to determine the areas utilized by the indigenous cultural communities so that the CADC or CALC will be issued to them. This procedure of determining the beneficiaries of ancestral land is actually a joint activity of the DAR and DENR.
We therefore furnish you a copy of A.O. No. 4, Series of 1996 in order to guide your Office of the procedures involved therein.
Very truly yours,
(SGD.) LORENZO R. REYES
OIC-Undersecretary
LAFMA
Copy furnished:
Mayor Albert M. Carte
Carasi, Ilocos Norte
MARO Roger L. Paraoan
Carasi, Ilocos Norte