[ADM. CASE NO. A-9999-07-E-123-00.  September 11, 2001.]

IN RE: APPLICATION FOR DAR EXEMPTION FROM CARP COVERAGE PURSUANT TO DEPARTMENT OF JUSTICE (DOJ) OPINION NO. 44, SERIES OF 1990, AS IMPLEMENTED BY DAR ADMINISTRATIVE ORDER NO. 06, SERIES OF 1994

SATURNINO QUIBIR, applicant.

O R D E R

Before this Office is an Application for Exemption from CARP coverage pursuant to DAR Administrative Order No. 06, series of 1994, filed by Saturnino Quibir, involving a parcel of land covered by Transfer certificate of Title (TCT) No. T-31294. It is designed as Lot No. 2455-A-3, with an area of 2,301 square meters and situated at Dampas District, Tagbilaran City.

Supportive of the application, the following pertinent documents were submitted, to wit:

1.         Application/Petition for DAR Exemption Clearance;

2.         Certified true copy of Transfer Certificate of Title No. T-31294;

3.         Photocopy of Current Tax Declaration of Real Property;

4.         Vicinity Map;

5.         Certification issued by Salvador D. Cabalit, Zoning Administrator  of Tagbilaran City, dated 2 September 1999 that the above-mentioned lot is within the area covered by Low Density Residential Zone (R-1) per Zoning Ordinance No. 115 of the City of Tagbilaran, series of 1978;

6.         Certification issued by Antonio B. Decatoria, Sr., Regional Officer of the Housing and Land Use Regulatory Board (HLURB) Of Region VII Residential-I per approved Zoning Ordinance No. 115 dated 10 October 1978 of the City of Tagbilaran that was ratified by Housing and Land Use Regulatory Board (HLURB) through Board Resolution No. R-35 dated 2 December 1981;

7.         Certification issued by Alexander A. Reuyan, Regional Irrigation Manager, National Irrigation Administration of Region VII, dated 23 November 1999 that said landholding is not irrigable and not covered by irrigation project with firm funding commitment;

8.         Certification issued by Aniano M. Iroy, Municipal Agrarian Reform Officer (MARO) of Tagbilaran, Bohol, dated 25 November 1999 that subject landholding is not covered by Presidential Decree No. 27 (Operation Land Transfer).

In a joint investigation report of the RARO, PARO, and MARO Field Personnel dated 3 February 2000, it was disclosed that subject landholding is located that there was no farm activity in the area except for the existence of few ornamental plants in the yard of two residential houses. Hence, the recommended that application for exemption be approved.

After a thorough evaluation of the records of the case, this Office finds that the requirements prescribed under Administrative Order No. 06, series of 1994, have been complied with. Subject land was zoned as non-agricultural (Residential) area approved by the HSRC/HLRB in 1981. It has ceased to be agricultural since then. DOJ Opinion No. 44, series of 1990, applies.

WHEREFORE, premises considered, Order is hereby issued APPROVING the Application for Exemption and the landholding subject thereof covered by TCT No. T-31294 declared exempt from CARP coverage.

SO ORDERED.

Diliman, Quezon, City.

(SGD.) HERNANI A. BRAGANZA

Secretary

Copy furnished:

1.      Saturnino Quibir

           Dampas District, Tagbilaran City

2.      The Regional Director

           DARRO VII, COACO Bldg.,

           M.J. Cuenco Ave., Mabolo, Cebu City

3.      The Provincial Agrarian Reform Officer

           DARPO, Tabilaran City, Bohol

4.      The Municipal Agrarian Reform Officer

           DARMO, Tagbilaran City