ADM. CASE NO.
[ADM. CASE NO.____. November 9, 2001.]
IN RE: APPLICATION FOR LAND EXEMPTION PURSUANT TO DOJ OPINION NO. 44, SERIES OF 1990 AND DAR ADMINISTRATIVE ORDER NO. 6, SERIES OF 1994 INVOLVING A 0.4024 HECTARE LANDHOLDING, LOCATED AT BARANGAY NAVAIS, MANDURRIAO, ILOILO CITY
COSETTE R. DEFENSOR AND NUDIA RIVERA TORRALBA, applicant.
Andres D. Lechuza, representative.
O R D E R
Before this Office is an application for land exemption in accordance with DAR Administrative Order No. 06, Series of 1994 based on Department of Justice (DOJ) Opinion No. 44, Series of 1990, filed by Andres C. Lechuza, Attorney-in-Fact of the registered owners, involving Lot No. 95, Pcs-5977, covered by Transfer Certificate of Title (TCT) No. T-119140, with an aggregate area of 0.4024 hectare, more or less, registered in the names of Cosette R. Defensor and Nudia Rivera Torralba, situated at Barangay Navais, Mandurriao, Iloilo City.
In compliance with Department of Agrarian Reform (DAR) Administrative Order 6, Series of 1994, the Applicant submitted the following pertinent documents to substantiate his application, to wit:
1. Certification issued by Victor O. Palma, Zoning Officer II, City Planning and Development Office, Iloilo City, dated October 17, 1997, signifying that Lot 95, under Title No. T-119140, with an area of 0.4024 hectare and situated Barangay Navais, Mandurriao, Iloilo City, is within the Residential Zone I (R-I), under the Land Use Plan and Zoning Ordinance of Iloilo City, Ordinance No. 212, Series of 1977;
2. Certification issued by Ms. Pilar J. Jamandre, Regional Officer, HLURB, Region VI, dated November 13, 1997, that subject property appears to be within the residential zone per Zoning Ordinance of Iloilo City (Ordinance No. 212, Series of 1977) as approved by the Board, the then Human Settlements Commission in accordance with official practices and procedures carried out pursuant to LOI 511 which established a National Coordinating Counsel on Town Planning, Housing and Zoning (NCCTPHZ) on September 24, 1980. (Incorporated in the Vicinity Map);
3. Certification issued by Edilberto F. Domingo, Irrigation Superintendent II, National Irrigation Administration, dated October 23, 1997, declaring that the area is outside irrigated lands and water is not available to support rice and other crop production.
4. Certification issued by MARO Gloria G. Hebrona, dated March 5, 1998, verifying that Lot 95, Pcs-5977, covered by TCT No. T-119140, and located at Barangay Navais, Mandurriao, Iloilo City, is not tenanted per investigation report submitted by Mrs. Helen Margarejo, Senior Agrarian Reform Program Technologist of DAR Municipal Office;
5. Duly notarized Special Power of Attorney signed by the registered owners appointing Andres D. Lechuza as attorney-in-fact;
6. Certified true copies of the titles of the land which is the subject of the application;
7. Current tax declaration covering the property; and
8. Location or vicinity map.
Furthermore, the RCLUPPI Investigating Team revealed that the area is idle and has been uncultivated for the last ten years and that it is already surrounded by residential houses. In view thereof, the Team recommended the approval of the application on the grounds that the area has been classified as residential prior to June 15, 1988 and that the dominant use of the surrounding area has already been residential.
The Executive Committee of the RCLUPPI adopted the findings of the Investigating Team. On April 15, 1998 Dominador Andres, Regional Director of DAR Region VI recommended the approval of the herein application.
Department of Justice Opinion No. 44, Series of 1990 states that lands already classified for commercial, industrial, or residential use before the effectivity of RA 6657 which is June 15, 1988 no longer need any conversion clearance. Moreover, the term "Agricultural Lands" as defined in Section 3 (C) of RA 6657 does not include those lands classified as mineral, forest, residential, commercial, and industrial.
In view of the foregoing, this Office finds the application for exemption from CARP coverage to be proper and in accordance with Administrative Order No. 06, Series of 1994 pursuant to DOJ Opinion No. 44, Series of 1990.
WHEREFORE, premises considered, Order is hereby issued that the application for the parcel of land covered by Title No. T-119140 (Lot No. 95, Pcs-5977), with an aggregate area of 0.4024 hectare, more or less, located at Barangay Navais, Mandurriao, Iloilo City be GRANTED an Exemption Clearance pursuant to Administrative Order No. 6, Series of 1994, based on DOJ Opinion No. 44, Series of 1990, subject to vested rights of leaseholders/tenants and/or payment of disturbance compensation to other farmer-occupants, if any.
Diliman, Quezon City.
(SGD.) HERNANI A. BRAGANZA
1. COSETTE DEFENSOR ET AL.
C/o Andres C. Lechuza
Blk. 6, Imperial IV Subd.,
Guzman, Street Mandurriao
2. THE REGIONAL DIRECTOR
DAR Region VI
3rd St., Lawaan Village
Balantang, Jaro, Iloilo City
3. THE PROVINCIAL AGRARIAN REFORM OFFICER
DARPO, Luna St.,
LA Paz, Iloilo City
4. THE MUNICIPAL AGRARIAN REFORM OFFICER
DARMO, Mandurriao, Iloilo City