[CASE NO. A-9999-119-00.  November 09, 2001.]

IN RE: APPLICATION FOR EXEMPTION CLEARANCE PURSUANT TO DAR ADMINISTRATIVE ORDER NO. 06, SERIES OF 1994 BASED ON DOJ OPINION NO. 44 SERIES OF 1990, INVOLVING PARCELS OF LAND EMBRACED BY TCT NOS. T-380493 AND T-380378 LOCATED AT BRGY. PALIPARAN DASMARIÑAS, CAVITE

ADELFA PROPERTIES, INC., Rep. By Joselito B. Roldan, applicant.

O R D E R

For consideration before this Office is an Application for Exemption Clearance pursuant to DAR Administrative Order No. 06, Series of 1994, based on DOJ Opinion No. 44, Series of 1990, involving two (2) parcels of land covered by TCT Nos. T-380493 and T-380378 located at Brgy. Paliparan, Dasmariñas Cavite, containing an aggregate area of 22.8136 hectares, more or less (the "subject properties").

In support of the Application, the following documentary evidence were submitted:

1.         Certification dated 24 December 1992 issued by Engr. Gregorio C. Bermejo, Sr., Municipal Engineer and Deputized Zoning Administrator of Dasmariñas, Cavite, stating that the subject properties formerly owned by St. Scholastica College are within the Residential Zone as per Approved Land Use Plan of the said municipality which was approved on 11 February 1981 under Resolution No. R-42-A-3 by the then Human Settlements Regulatory Commission now HLURB.

2.         Certification dated 28 July 1992 issued by Ms. Francisca C. Maro, Accounting Processor B of the Cavite Friar Lands Irrigation System, National Irrigation Administration, Naic, Cavite, and duly noted by Mr. Baltazar H. Usis, irrigation Superintendent II, stating that the subject properties situated at Brgy. Paliparan, Dasmariñas, Cavite, are outside the irrigable area of the Cavite Friar Lands Irrigation Systems;

3.         Certification dated 12 May 1993 issued by Engr. Alfredo M. Tan II, Regional Technical Coordinator, Housing and Land Use Regulatory Board — Region IV, stating that the subject properties are found to be within the Residential Area based on the Municipality's approved Land Use Plan Zoning Ordinance per HSRC (now HLURB) Resolution No. R-42-A-3 dated 11 February 1981;

4.         Certification dated 28 November 2000 issued by Ms. Amelia M. Sangalan, Municipal Agrarian Reform Officer of Dasmariñas Cavite, stating that the subject properties are untenanted, not covered by Operation Land Transfer and no Notice of Coverage has been issued;

5.         Certified true copies of the titles and corresponding tax declarations covering the subject properties;

6.         Secretary's Certificate issued by Ms. Cynthia C. Javarez, Corporate Secretary of Adelfa Properties, Inc., authorizing Mr. Joselito B. Roldan to apply for and secure the Department of Agrarian Reform Exemption Clearance;

7.         Copies of the "Sinumpaang Salaysay" executed by Romeo Salamat, et al., former tenants of the subject properties, stating that they voluntarily waived their rights over the subject properties after they received the amount of P2,280,000.00 and 2,100 square meter lot as disturbance compensation; and

8.         Location and Vicinity maps.

The Investigation Report of the Center for Land Use Policy, Planning and Implementation-2 (CLUPPI-2) secretariat Ocular Inspection Team revealed that the subject properties at the time of inspection are untenanted, agriculturally idle and dominantly covered by cogon grass and other types of weeds. Per interview with the former tenants/occupants, the OCI Team was able to confirm that they already waived their right of occupancy to the subject properties upon payment of P2,280,000.00 including 2,100 square meters of home lot.

The Comprehensive Agrarian Reform Law of 1988 (Republic Act No. 6657), under Section 3 (c), excludes from the term "agricultural land". Pursuant to Department of Justice Opinion No. 44, Series of 1990 and Department of Agrarian Reform Administrative Order No. 6, Series of 1994, issuances interpreting and implementing the aforesaid Section, lands that are already classified as commercial, industrial or residential before 15 June 1988 no longer need any conversion clearance, but only an exemption clearance from this Department upon compliance with certain documentary requirements set forth therein.

The CLUPPI-2 Committee after deliberating on the instant Application recommended that the exemption clearance from CARP coverage of the subject properties be granted.

Based on the documentary evidence submitted by the applicant, this Office finds that the subject properties have already been classified as residential before 15 June 1988 and that the above-mentioned documentary requirements have been complied with.

WHEREFORE, premises considered, it is hereby ordered that the application for the two (2) parcels of land covered by TCT Nos. T-380493 and T-380378, with an aggregate area of 22.8135 hectares, more or less, located at Brgy. Paliparan, Dasmariñas, Cavite, 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:

The Regional Director

DAR Region IV, Capitol Compound

Pasig City

The Provincial Agrarian Reform Officer

DARPO, Trece Martires City Cavite

The Municipal Agrarian Reform Officer

DARMO Dasmariñas Cavite

Adelfa Properties, Inc.

3/F Camella Centre, Zapote-Alabang Road

Talon Las Piñas City