February 11, 1994
DAR OPINION NO. 12-94
MEMORANDUM
FOR : JOSE NOEL D. OLANO
Undersecretary for Field Operations
and Support Services
FROM : Atty. Hector D. Soliman
Assistant Secretary
Legal Affairs Office
SUBJECT : Property Occupied By the Siete Central Farm School at Central, San Jose, Occidental Mindoro
This has reference to the property occupied by the Siete Central Farm School at Central, San Jose, Occidental Mindoro over which the Department of Education, Culture and Sports (DECS) through the school principal, Teresita Venus, has signified a desire to obtain title.
The report of PARO Rolando V. Constantino states that as early as 1930, the Philippine Milling Co. constructed a gabaldon-type school building in a lot owned by the company; that despite the changes in ownership over the lot occupied by the school, the same has been maintained as such; that although the surrounding area was allocated to the actual tillers pursuant to PD 27, the school site remained undisturbed; that recently, the school principal realized that no improvement could be introduced on the school, neither could it avail of NGO or other foreign assistance unless it has title over the property; and that at present PNB is the owner thereof. PARO Constantino further reports that Miss Venus is requesting that the property be acquired by DAR and awarded to the school as beneficiary under CARP.
Since the lot has, since 1930, been utilized as a school site, it is exempted from CARP coverage as clearly provided in Section 10 of RA 6657. As such, it is believed that the matter of acquisition of the property by DECS is between said Department and PNB.
In view of the foregoing, it is recommended that DECS be advised to negotiate with PNB regarding the transfer to it of the property. The DAR may then issue the clearance for the registration of said transfer to DECS.
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary
Legal Affairs Office