September 27, 2001

DAR OPINION NO. 20-01

    MEMORANDUM

    FOR             :     Dir. Benjamin R. de Vera
                                                 DAR Regional Office No. X
                                                 Macanhan, Carmen, Cagayan de Oro City

    SUBJECT    :     Properties of the National Housing Authority (NHA) in the Municipalities of Jasaan and Villanueva, Province of Misamis Oriental

This refers to your query on whether or not the area of the National Housing Authority located at the Municipalities of Jasaan and Villanueva, Misamis Oriental, may be covered under the Comprehensive Agrarian Reform Program.

Executive Order No. 407, as amended by Executive Order No. 448 provides, quote:

"SECTION 1.          All Governments instrumentalities including but not limited to government agencies, government owned and controlled corporations or financial institutions such as the Development Bank. of the Philippines, Philippine National Bank, Republic Planters Bank, Asset Privatization Trust, Presidential Commission on Good Government, Department of Agriculture, State Colleges and Universities, Department of National Defense, shall immediately execute Deeds of Transfer in favor of the Republic of the Philippines as represented by the Department of Agrarian Reform and surrender to the latter department all landholdings suitable for agriculture including all pertinent ownership documents in their custody, such as the owner's duplicate copy of the certificates of title, tax declarations and other documents necessary to effect the transfer of ownership . . ."

xxx                    xxx                    xxx

"SECTION 1.          Executive Order No.  407 is hereby amended by adding a new section to read as follows:

"Sec. 1 A.     All lands or portions thereof reserved by virtue of Presidential Proclamations for specific public uses by the government, its agencies and instrumentalities, including government-owned or controlled corporation suitable for agriculture and no longer actually, directly and exclusively used or necessary for the purposes for which they have been reserved, as determined by the Department of Agrarian reform in coordination with the government agency instrumentality concerned in whose favor the reservation was established, shall be segregated from the reservations and transferred to the Department of Agrarian Reform for distribution to qualified beneficiaries under the Comprehensive Agrarian Reform Program." (emphasis supplied)

Given the aforequoted provisions in relation to each other, joint or coordinative determination between DAR and NHA should first be undertaken before the lands in issue or portions thereof may eventually be covered under the Program.

Please be advised and guided accordingly.

(SGD.) VIRGILIO R. DE LOS REYES

Undersecretary for Policy, Planning and Legal Affairs Office