[ADM. CASE NO. A-9999-06-E-332-00. November 9, 2001.]

IN RE: APPLICATION FOR DAR EXEMPTION CLEARANCE PURSUANT TO DOJ OPINION NO. 44, SERIES OF 1990, AS IMPLEMENTED BY DAR ADMINISTRATIVE ORDER NO. 06, SERIES OF 1994.

CANETOWN DEVELOPMENT CORPORATION Representative by Joaquin L. Valladarez, applicant.

O R D E R

Before this office is an Application for Exemption from CARP coverage to DAR Administrative Order No. 06, Series of 1994, in relation to Department Of Justice Opinion No. 44, Series of 1990, filed by Canetown Development Corporation, represented by its General Manager Joaquin L. Valladarez of the landholding covered by Transfer Certificate of Title (TCT) No. T-148278, and situated at Hacienda San Jose Bacayan, Barangay XIX, Victorias City, Negros Occidental. Designated as Lot No. 4, Pcs.-5181, it consists of 9.8419 hectares.

In support of the application, the following documents were submitted, to wit:

1.         Certification issued by Hernane T. Jardaleza, Secretary and Director of Canetown Development Corporation of Victorias City, Negros Occidental, that General Manager Joaquin L. Valladarez is being authorize, thru Board Resolution No. 06/29/00-05, to file the instant Application for Exemption Clearance of Lot 4, Pcs.-5181, TCT No. T-148278 dated 05 July 2000;

2.         Certificate true copy of TCT No. T-14278;

3.         Photocopy of current Tax Declaration of Real Property;

4.         Vicinity Map;

5.         Certificate issued by Felomino A. Juridico, Deputized Zoning Administrator of Victorias City, dated 26 June 2000, that subject landholding has been classified as Parks and Open Space (Non-Agricultural Use) per Municipal Council Resolution No. 355-5197, sera of 1979;

6.         Certificate issued by Antonio B. Decatoria, Sr., Regional Officer of Housing and Land Use Regulatory Board (HLURB) of Region VI, dated 12 July 2000, that the City/Town Plan/Zoning Ordinance of the City/Municipality of Victorias was approved by the Human Settlement Regulatory Commission (now HLURB) under Resolution No. R-28, series of 1981 adopted on October 8, 1981;

7.         Certification issued by Felix R. Francisco, OIC-Regional Irrigation Manager, National Irrigation Administration (NIA) of Region VI, dated 05 July 2000, that said landholding is not irrigable and not covered by irrigation project with firm funding commitment.

The DAR Field Officers in their investigation report dated 17 November 2000, disclosed that subject property is neither tenanted nor occupied by any farmworker; that it is surrounded by sugarcane plantation, residential, commercial and industrial area; and that it is already utilized as memorial park since 1990. Approval of the application was recommended on the ground that the property was already classified as Parks and Open Space (non-agricultural) prior to June 1988, effectivity date Republic Act 6657. The Regional Director concerned therein.

After a thorough evaluation of the records of the case, this Office finds the application as complying with the requirements prescribed under Administrative Order NO. 06, Series of 1994. Subject landholding was zoned in 1979 as non-agricultural (parks and open space) areas approved by the HSRC on October 8, 1981. Having been reclassified, by redistricting, to non-agricultural before the Effectivity date of RA 6657, the DAR AO No. 6, Series of 1994 in relation to DOJ Opinion No. 44, Series of 1990, applies.

WHEREFORE premises considered, it is hereby ordered that the application for the parcel of land covered by TCT No. T-148278, Lot No. 4, Pcs-5181; with an aggregate area of 9.8419 hectares, mars or less, located at Hacienda San Jose Bacayan, Brgy. XIX, Victories City, Negros, Occidental, be GRANTED an Exemption Clearance pursuant to Administrative Order No. 6, Series of 1994 based on DOJ Opinion No. 44, Series of 1990, subject to vested rights of leaseholders/tenants and/or payment of disturbance compensation to other farmer-occupants, if any.

SO ORDERED.

Diliman, Quezon City

(SGD.) HERNANI A. BRAGANZA

Secretary

Copy furnished:

1.      JOAQUIN L. VALLADAREZ

           Gen. Manager, Canetown Dev't. Corp.

           VICMICO Compound, Victoria City

           Negros Occidental

2.      THE REGIONAL DIRECTOR

           DARRO VI, 3rd St., Lawa-an Village

           Balantang, Jaro, Iloilo City

3.      THE PROVINCIAL AGRARIAN REFORM OFFICER

           DARPO, San Sebastian St., cor Dawis St.

           Bacolod City, Negros Occidental

4.      THE MUNICIPAL AGRARIAN REFORM OFFICER

           DARMO, Victoria City

           Negros Occidental