June 27, 1996

DAR OPINION NO. 45-96

Hon. Antonio G. M. La Viña

Undersecretary

Legal and Legislative Affairs

Department of Environment & Natural Resources

Visayas Avenue, Diliman, Quezon City

Dear Usec. La Viña:

This refers to the request of DENR for DAR comment relative to the amendment of Proclamation No. 446 dated 15 August 1994. As explained by DENR, the amendment seeks to correct the clerical error in the technical description of the area covered by PP No. 446, as well as to transfer the administration and disposition thereof from DAR to DENR, considering that said parcel of land is more suitable for residential rather than agricultural purposes.

Our field officers report that the track of land covered by PP No. 446 is fully occupied by B'laan and Muslim immigrants, some of whom have constructed semi-permanent houses. Considering that said area is actually used for residential purposes, the DAR interposes no objection to the proposed amendment.

Very truly yours,

(SGD.) LORENZO R. REYES

Undersecretary

Legal Affairs, Finance, Management and Administration

Copy furnished:

Usec. Hector D. Soliman

DAR, Quezon City

Dir. Alejo V. Duque

DAR Region XI

Ecolan, Davao City

PARO Antonio Evangelista

DAR Provincial Office

Saranggani