December 24, 1996
DAR OPINION NO. 139-96
Mr. Percival G. Dalugdug
Regional Director
DAR Region V, Legazpi City
Dear Director Dalugdug:
This refers to the Memorandum of then OIC-Chairman Hector A. Bueno requesting that you issue "Specific Memorandum" addressed to all MAROs/PAROs of DAR Region V making them administratively liable if they fail to act expeditiously on illegal land conversions or within twenty-four ( 24 ) hours from discovery of such illegal act.
While such suggestion is viewed as a welcome development in the effective implementation of the Comprehensive Agrarian Reform Program (CARP) in order to curb indiscriminate illegal land conversions, its implementation requires extreme care and caution taking into account the impact on the rights of the parties affected. Corollary thereto, MAROs/PAROs should not be unnecessarily subjected to administrative liability for failure to act immediately on illegal land conversion cases within their area of jurisdiction, for as long as they acted in good faith and without malice.
On the other hand, the MAROs/PAROs who acted with gross neglect of duty should be dealt with accordingly. Gross negligence implies a want or absence of or failure to exercise slight care or diligence or the entire absence of care. It evinces a thoughtless disregard of consequences without exerting any effort to avoid them. Therefore when the MAROs/PAROs who are personally charged with knowledge of any ongoing illegal land conversion undertaken in their area of jurisdiction fails to take positive and appropriate action within the prescribed time frame from discovery thereof, they cannot in any manner feign ignorance to escape administrative liability.
Please be guided accordingly.
Very truly yours,
(SGD.) LORENZO R. REYES
OIC-Undersecretary
LAFMA
Copy furnished:
Mr. Christian C. Confessor
OIC-Chairman-RCLUPPI
DAR Region V
DARAB Bldg.
Rawis, Legazpi City