[A-9999-10-E-036-01.  August 21, 2001.]

IN RE: APPLICATION FOR EXEMPTION FROM CARP COVERAGE PURSUANT TO DOJ OPINION NO. 44, SERIES OF 1990 AND ADMINISTRATIVE ORDER NO. 6, SERIES OF 1994, INVOLVING 13.0695 HECTARES LOCATED AT BULUA, CAGAYAN DE ORO CITY

NORTHERN REALTY DEVELOPMENT CORPORATION Represented by JOAQUIN A. GARCIA, applicant.

O R D E R

Before this Office is an Application for Exemption Clearance from CARP coverage, pursuant to Administrative Order No. 6, series of 1994 filed by NORTHERN REALTY DEVELOPMENT CORPORATION, as represented by Joaquin A. Garcia, involving a parcel of land with a total area of 13.0695 hectares, situated at Bulua, Cagayan de Oro City, and covered under TCT No. T-14239.

Complying with the above-mentioned Administrative Order, applicant submitted the following documents, to wit:

1.         Application for Exemption covering the aforestated landholding;

2.         Special Power of Attorney authorizing herein applicant for the purpose;

3.         Copy of current Tax Declaration;

4.         Approved Subdivision Plan for subject land;

5.         Copy of Transfer Certificate of Title;

6.         Copy of City Ordinance No. 880;

7.         Copy of Realty Tax Declaration;

8.         Certifications issued by Emmanuel D. Abejuela, City Development Coordinator, dated October 1, 1996, that subject landholding was classified as within the residential zone per Municipal Zoning Ordinance No. 880, series of 1979 of Cagayan de Oro City;

9.         Certification issued by Board Secretary Charito M. Bunagan of HLURB Region IV, dated April 18, 2000, that the Town Plan Zoning Ordinance of Cagayan de Oro, (Region X), now embodied in the revised Municipal Ordinance No. 880, entitled an Ordinance Providing for the Zoning Code of 1979 for the City of Cagayan de Oro on 28 June 1979, was earlier conditionally approved by then Human Settlement Regulatory Commission on September 21, 1978, in accordance with Official Practices and Procedures carried out pursuant to Letter of Instructions No. 511 which established a Housing and Zoning and deemed as finally approved on the same date in accordance with HRLB Memorandum Circular No. 15, series of 1995 dated October 1995;

10.       Certification issued by Johnny V. Emmanuel, Regional Irrigation Manager, National Irrigation Administrative Cagayan de Oro City, dated July 6, 2000, that subject landholding is not irrigable and not covered by irrigation with firm funding commitment;

11.       Certification dated November 9, 2000, issued by Teofila L. Hallazgo, Municipal Agrarian Reform officer of Bulaua, Cagayan de Oro City certifying the lot to have been placed under P.D. No. 27 and that no Emancipation Patents have been issued.

An investigation was conducted by the Regional Center for Land Use Policy and Planning Implementation (RCLUPPI) and. Upon finding that the application was complete satisfactory and in accordance with the prescribed form, it recommended approval of the same.

Moreover, subject landholding has not been placed under the land acquisition program, either under PD No. 27 or the Comprehensive Agrarian Reform Law of 1998 (RA 6657). Finally no Emancipation Patent (EPs) have been issued relative thereto.

The property in question was reclassified as residential as early as 1979 and this was approved by the HSRC/HLRB prior to June 15, 1988. There was compliance with the requirements prescribed under Administrative Order No. 6, series of 1994, in relation to DOJ Opinion No. 44, series of 1990.

WHEREFORE, premises considered, Order is hereby issued granting the Application for Exemption of the subject parcel of land with an aggregate area of 13.0695 hectares and located at Bulua, Cagayan de Oro City, an exemption clearance from CARP coverage, subject to vested rights of leaseholders/tenants and/or payment of disturbance compensation to their to other farmer-occupants, if any.

SO ORDERED.

Diliman, Quezon City.

(SGD.) HERNANI A. BRAGANZA

Secretary

Copy furnished:

1.      Joaquin A. Garcia

           President, Lihok Katauhan Foundation Inc.

           Impantao Bulua, Cagayan de Oro City

2.      Northern  Realty Development Corporation

           Du-val Building, 669 Aurora Blvd.

           Quezon City

3.      The Municipal Agrarian Reform Officer

           DARMO, Vaminta Blvd., Carmen

           Cagayan de Oro City

4.      The Provincial Agrarian Reform Officer

           DARPO, Vaminta Blvd., Carmen

           Cagayan de Oro City

5.      The Regional Director

           DARRO X, Macanban, Carmen

           Cagayan de Oro City