August 27, 1997
DAR OPINION NO. 97-97
Mr. Nonilo A. Bugash
Manager, Corporate Affairs
A Brown Company, Inc.
Executive Offices, 20th Floor
Exchange Road, Ortigas Complex
Pasig City
Dear Mr. Bugash:
This has reference to your letter requesting from our office a legal opinion as to whether or not the Department of Agrarian Reform can issue an Exemption Clearance per DOJ Opinion No. 44, Series of 1990 to a claimant of an untitled land classified as within an industrial zone of a municipality prior to June 15, 1988.
Department of Justice Opinion No. 44, Series of 1990 has ruled that with respect to the conversion of agricultural lands covered by R.A. No. 6657 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 already classified as commercial, industrial or residential before 15 June 1988 no longer need any conversion clearance (2nd paragraph, item No. II, DAR Administrative Order No. 06, Series of 1994). Further, item No. III-A of the same guideline likewise provides, quote: "Any landowner or his duly authorized representative whose lands are covered by DOJ Opinion No. 44, Series of 1990 and desires to have an exemption clearance from the DAR should file the application with the Regional Office of the DAR where the land is located". In such case, therefore, what the landowner or his duly authorized representative needs is an exemption clearance from DAR wherein the application shall be resolved based on the merits thereof. Compliance with the requirements set forth in the said guideline is mandatory as could evidently be inferred from item No. III-B of the guideline, to wit: "The application should be duly signed by the landowner or his representative, and should be accompanied by the following documents:
1. . . . .
2. Certified true copies of the title which is the subject of the application. (emphasis supplied)
It is very clear from the above-quoted provision of the said Administrative Order that an application for exemption must include the required certified title. It bears stressing here that no less than the owner himself or his duly authorized representative is what is contemplated under the said issuance. A person applying for exemption could only submit a tax declaration or tax receipt short of a certified title may not be the actual or lawful owner of the land applied for, since well-entrenched is the rule both in law and jurisprudence that a mere tax declaration or tax receipt is not a conclusive proof of ownership. Submission of a title certified by the Register of Deeds is therefore an essential requirement and serves likewise a safeguard to prevent possible circumvention of R.A. No. 6657.
Thank you for communicating with us and we hope to have clarified the matter with you.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy and Planning