DOJ OPINION NO. 026, s. 1988
February 12, 1988

Mr. Jose Eduardo J. Alarilla
General Manager
Strategic Investment Development Corporation
Banas Building, Meralco Avenue
Pasig, Metro Manila

S i r :

        This refers to your request for legal opinion on the inclusion/non-inclusion of agro-forestry leases in Lungsod Silangan Townsite Reservation within the Comprehensive Agrarian Reform Program.

        You further state that the processing and approval of the agro-forestry lease applications were started on March 1987, with one application approved and the remaining applications have been shelved, and that continuous follow-ups are being made by applicants.

        With regret, I have to decline rendition of opinion on the query. By established policy and practice, the Secretary of Justice refrains from expressing his views on matters that fall within the primary jurisdiction of a co-equal, and coordinate Department, unless it is upon the request of said office or agency in connection with a question of law arising in the performance of their respective functions (Ops. Nos. 1, 1983; 123, s. 1980; and 149, s. 1976). This rule has evolved not only from practical considerations but also in deference to the competence and expertise of the office having primary authority to resolve the matter.

        Considering that resolution of the instant query will involve an interpretation of Executive Order No. 229 (Providing the Mechanisms for the Implementation of the Comprehensive Agrarian Reform Program), the matter should be addressed to the Department of Agrarian Reform which is charged with the implementation of the aforesaid Executive Order.

 Very truly yours,

SEDFREY A. ORDOÑEZ

Secretary of Justice