December 13, 1996

DAR OPINION NO. 110-96

OIC-SARPT Dominador O. Cequiña

Municipal Agrarian Reform Office

Clarin, Bohol

Dear MARO Cequiña:

This has reference to your letter seeking opinion as to whether or not a private person is allowed to prosecute illegal land use conversion.

You state that a certain Danilo L. Remomeras appeared at the Municipal Agrarian Reform Office (MARO) in Clarin, Bohol for three times urging Para-legal Officer, Mr. Bienvenido L. Leones to file a case of illegal conversion; that said illegal conversion is allegedly committed at Barangay Bucao, Clarin, Bohol and that in the event our Para-legal Officer fails to file the case, he (Mr. Danilo L. Remomeras) will be the one to file or initiate the criminal case for illegal conversion against the offender.

A perusal of Joint DAR-DOJ Administrative Order No. 05, Series of 1994 (copy attached) reveals that it does not prohibit a private individual from filing or initiating a criminal case for illegal conversion against the offender. He can file the necessary complaint-affidavit together with supporting documents before the Provincial/City Task Force. If the DAR Task Force is convinced that there was indeed an illegal conversion of the property then it will recommend to the DOJ Prosecutor members the filing of the criminal case against the landowner or developer.

Please be guided accordingly.

Very truly yours,

(SGD.) LORENZO R. REYES

OIC-Undersecretary
LAFMA

Copy furnished:

Mr. Danilo L. Remomeras

Poblacion Sur, Clarin, Bohol