October 23, 2000

DAR OPINION NO. 32-00

MEMORANDUM

FOR             :     DIRECTOR GLORIA J. FABIA
                                 Bureau of Land Acquisition and Distribution

SUBJECT    :    Sycip Plantation, INC. (SPI) Properties
                         Located at Majuyod, Negros Oriental
                          Which Were Voluntarily Offered for
                          Sale Under CARP

This refers to your inter-office memorandum dated 21 September 2000, seeking for advice as to whether the registered Certificates of Land Ownership Award (CLOAs) can now be distributed to the agrarian reform beneficiaries (ARBs) pending Resolution of the land ownership issue between the Heirs of Eusebio Sycip and SPI.

It bears stating at the outset that pursuant to Section 4 of Republic Act No. 6657, the DAR is mandated to cover, regardless of tenurial arrangement and commodity produced, all public and private agricultural lands as provided in Proclamation No. 131 and Executive Order No. 229, including other lands of the public domain suitable for agriculture. Thus, although ownership of said landholdings is under investigation or litigation, the DAR may still proceed with their acquisition considering that no matter what the outcome of the investigation or litigation may be, the lands are still covered under CARP.

In the instant case, if dispute of ownership is pending with court, the value of subject properties shall be deposited with the court. However, if no case is yet filed with the court, we advise the oppositor to file the controversy in court for proper determination of the legal owner. Otherwise, we will be compelled to deposit the amount in the name of the registered owner which shall be withdrawable any time. Meanwhile, upon effecting the deposit and transfer of title in the name of the Republic of the Philippines, we are forthwith legally mandated to take possession of the properties and proceed with the redistribution thereof to qualified agrarian reform beneficiaries.

Please be guided accordingly.

(SGD.) FEDERICO A. POBLETE

Undersecretary for Legal Affairs, and Policy and Planning

Copy furnished:

Hon. Conrado S. Navarro

Undersecretary, FOSSO