DARCO ORDER NO. EXE-1105-107
[DARCO ORDER NO. EXE-1105-107. May 5, 2011.]
IN RE: APPLICATION FOR EXEMPTION CLEARANCE PURSUANT TO DAR ADMINISTRATIVE ORDER NO. 4, SERIES OF 2003, INVOLVING 13.5000 HECTARES, LOCATED IN BARANGAY SAN CARLOS, LIPA CITY, BATANGAS
GSIS FAMILY BANK, represented by ENGR. ETHELUALDO Q. OLAVE, applicant.
This resolves the Application for Exemption Clearance pursuant to Department of Justice (DOJ) Opinion No. 44, Series of 1990 as implemented by DAR Administrative Order No. 4, Series of 2003, filed by GSIS Family Bank, represented by Engr. Ethelualdo Q. Olave, involving 13.5000 hectares, located in Barangay San Carlos, Lipa City, Batangas, particularly described as follows:
Registered Owner TCT No. Lot No. Area (ha) Date of
GSIS Family Bank 072-2010000903 1744-B-3 13.5000 29 March
In support of the application, the following documents were submitted:
1. Sworn application for exemption clearance filed on 17 February 2011;
2. Secretary's Certificate of GSIS Family Bank authorizing the representative to file an application for exemption clearance from CARP coverage;
3. Copy of Special Power of Attorney (SPA);
4. Copy of undated but notarized Deed of Assignment with Transfer of Rights executed on by and between ACD Incorporated, represented by Edgardo M. Silva, (assignor), and JTMoland Realty, Inc., represented by Ethelualdo Olave, assignee, stating that assignor entered into a Contract to Sell covering the applied landholding with GSIS Family Bank on 11 June 2010; that with the conformity of GSIS Family Bank, assignor is assigning the subject land to assignee;
5. Copy of Contract to Sell executed on 11 June 2010 by and between GSIS Family Bank and ACD Corporation, the buyer of the subject landholding;
6. Certified copy of Transfer Certificate of Title;
7. Housing and Land Use Regulatory Board (HLURB) Certification dated 29 July 2010, issued by Director Antonio B. Decatoria, Sr., stating that the property was re-classified as Urban Expansion Area pursuant to City Resolution No. 46 dated 06 September 1976 approved by HLURB through Resolution No. 35 Series of 1981 dated 02 December 1981;
8. Municipal Agrarian Reform Office (MARO) Certification dated 17 August 2010, issued by MARO Nestor Kalalo stating that the area is not covered by PD 27 nor CARP; that there are no tenants or occupants therein and that the applicant complied with the required posting of Notice of Pendency of Application for Exemption;
9. Scanned copy of National Irrigation Administration (NIA) Certification dated 26 July 2010, issued by Regional Manager Efren S. Roqueza stating that the area is not irrigable lands and not covered by irrigation project with firm funding commitment;
10. Affidavit of Undertaking executed by Ethelualdo Olave on 25 November 2010 stating that there are no tenants or occupants on the area; that the applicant erected the required billboard; and that the applicant is not engage in forum shopping and that if there will be dispute in fixing of disturbance compensation, the applicant will abide by the decision of the adjudicating authority;
11. Photographs, lot plan and vicinity map of the landholding; and
12. Copies of Official Receipts to prove payment of filing and inspection fees.
The Center for Land Use Policy, Planning and Implementation (CLUPPI) Inspection Team conducted an ocular inspection on the subject landholding on 14 March 2011. The following were noted:
1. Subject landholding has flat terrain, dominantly covered with cogon grass and sporadically planted with coconut and lanzones trees. The area is an abandoned residential lot. The immediate surrounding area are school and residential areas. The subject landholding is adjacent to a barangay road;
2. There is no irrigation facility within the area and nearby lands. There are no tenants or occupants and no agricultural activity in the landholding. The landholding is being secured by a security guard against possible entry of squatters;
3. The landholding is approximately one (1) kilometer away from the City Hall of Lipa City and 200 meters away from public market. It is accessible to all types of land transportation vehicle;
4. There is no protest nor adverse claim lodged at DAR against the application as of the time of inspection;
Section 3(c) of RA 6657 states that agricultural lands refers to the land devoted to agricultural activity as defined in this act and not classified as mineral, forest, residential, commercial or industrial land.
Department of Justice Opinion No. 44, series of 1990 states that with respect to the conversion of agricultural lands covered by RA No. 6657 to non-agricultural uses, the authority of DAR to approve such conversion may be exercised from the date of its effectivity, on June 15, 1988. Thus, all lands that are already classified as commercial, industrial, or residential before 15 June 1988 no longer need any conversion clearance.
During the CLUPPI Executive Committee on Exemption meeting on April 15, 2011, the subject application was presented for deliberation. The Committee noted that the NIA Certification submitted was just a scanned copy. In view of this, the Committee agreed that the applicant should be required to submit the original copy of the NIA certification.
After discussion, the Committee recommended for the approval of the application for the following reasons:
1. The applied landholdings was within non-agricultural or urban expansion area (commercial, residential and institutional districts) of Lipa City prior to enactment of CARL;
2. The area is not irrigated or irrigable land;
3. No tenant/occupant and no agricultural activity;
4. No protest or adverse claim against the application/landholding; and
5. The applicant has complied with all the requirements set forth pursuant to existing rules and regulations on application of exemption clearance.
This Office agrees with the recommendation of the CLUPPI Executive Committee on Exemption.
WHEREFORE, the Application for Exemption Clearance filed by GSIS Family Bank, represented by Engr. Ethelualdo Olave, involving 13.5000 hectares, covered by TCT No. 072-2010000903 located in Barangay San Carlos, Lipa City, Batangas is GRANTED, subject to the following conditions.
1. The applicant shall submit to the CLUPPI Secretariat the original copy of the NIA Certification dated 26 July 2010 within five (5) days from receipt of this Order;
2. Disturbance compensation to affected tenants, farmworkers, or bonafide occupants, if any, in such amount or kinds as may be mutually agreed upon and approved by the DAR, shall be paid within sixty (60) days from the date of receipt by the applicant of this Order, proof of such payment to be copy furnished the CLUPPI Secretariat within five (5) days from the expiration of the aforementioned 60-day period;
3. The applicant shall allow duly authorized representatives of the DAR free and unhampered access to the subject properties for the purpose of monitoring compliance with the terms and conditions hereof; and
4. The DAR reserves the right to cancel or withdraw this Order for misrepresentation of facts integral to its issuance and/or for violation of the law and applicable rules and regulations on exemption clearance.
Diliman, Quezon City, May 5, 2011.
(SGD.) VIRGILIO R. DE LOS REYES