INDEX of AGRARIAN Related Doj Opinions

INDEX OF AGRARIAN-RELATED DOJ OPINIONS
(1962-1997)
By
Legislative Research & Statistics Division
Bureau of Agrarian Legal Assistance
Department of Agrarian Reform
SUBJECT INDEX
AGRARIAN REFORM FUND, CUMULATIVE AMOUNT
OPINION
NO.
103,
Series
November 18, 1996

AGRARIAN REFORM OPERATING FUND AND AGRARIAN
REFORM FUND, DISTINCTIONS
OPINION NO. 35, Series of 1988

March 2, 1988
CARP COVERAGE, AGRICULTURAL LANDS OWNED
BY KALAKALAN 20 BENEFICIARIES
OPINION NO. 180 Series of 1990

October 15, 1990
CARP COVERAGE, UNTITLED PRIVATE AGRICULTURAL
LANDS

December 17, 1992
COMPULSORY ACQUISITION, PROCEDURE

January 22, 1993
CONVERSION, AUTHORITY OF THE DEPARTMENT
OF AGRARIAN REFORM

May 14, 1996
OF AGRARIAN REFORM

September 22, 1993
of
1996

OF AGRARIAN REFORM

March 16, 1990
DECISION, PRESIDENTIAL AGRARIAN REFORM
COUNCIL (PARC)

July 28, 1994
FORECLOSURE
DECREE NO. 27
OF
MORTGAGE
UNDER
PRESIDENTIAL

July 5, 1978
FORECLOSURE UNDERTAKEN BY GFI ON SUGARLANDS

September 12, 1995
IMPLEMENTATION, COMPREHENSIVE AGRARIAN
REFORM LAW

February 14, 1997
JURISDICTION, BUREAU OF LANDS

July 9, 1962
JURISDICTION DEPARTMENT OF AGRARIAN REFORM

August 26, 1988
LBP BONDS, USE THEREOF

May 19, 1988 MEDIATION AND CONCILIATION UNDER R.A. NO. 6657
AND P.D. NO. 1508

April 23, 1991
PERIOD, DIRECTORY

June 14, 1990
POWERS, DEPARTMENT OF AGRARIAN REFORM
March 13, 1989

PUBLIC RECORDS AND DOCUMENTS, ACCESS BY THE
PUBLIC

June 29, 1989
REALTY TAXES ON TENANTED RICE AND/OR CORN
LANDS (WHO SHOULD BEAR THE BURDEN)

February 27, 1973
REFUSAL TO RENDER OPINION

February 12, 1988

May 7, 1991

January 7, 1992
OPINION NO. 80 Series of 1992

June 18, 1992

January 17, 1994

April 18, 1994

September 26, 1994

August 24, 1995

October 5, 1995

July 25, 1996

August 1, 1996

April 2, 1992
SALE OR DISPOSITION, RIGHT OF LANDOWNER

September 13, 1988
VALUATION OF LANDS, SUBJECT OF VOLUNTARY OFFER
TO SELL AND COMPULSORY ACQUISITION

July 25, 1991
TITLE INDEX
ADMINISTRATIVE ORDER NO. 20 (OFFICE OF THE PRESIDENT)
OPINION NO. 52, Series of 1996 May 14, 1996
Title: Whether or not it supersedes DOJ 44, Series of 1990
ARF/AROF
OPINION NO. 35, Series of 1988 March 2, 1988
Title: Agrarian Reform Fund (ARF) and Agrarian Reform
and Operating Fund (AROF)
AGRARIAN REFORM FUND
OPINION NO. 103, Series of 1996 November 18, 1996
Title: Total amount of Agrarian Reform Fund
AGRO-TOURISM
OPINION NO. 12, Series of 1993 January 22, 1993
Title: Agro-tourism Development Plan for Samal Island
BIDDING
OPINION NO. 80, Series of 1992 June 18, 1992
Title: Waiver of Public Bidding
CENTRAL MINDANAO UNIVERSITY (CMU) SC RULING

Title: Applicability of Central Mindanao University (CMU)
SC Ruling
CHAMBER OF REAL ESTATE BROKERS ASSOCIATION
(CREBA)/CONVERSION
OPINION NO. 77, Series of 1996 July 25, 1996
Title: Conversion to residential land and reclassification
after 15 June 1988
DORONILA, ALFONSO J. (LUNGSOD SILANGAN)
OPINION NO. 181, Series of 1990 October 19, 1990
Title: Applicability of CARP in the Estate of Alfonso J.
Doronila
EXEMPTION/CONVERSION
Title: Authority of DAR to approve or disapprove
the applications for exemption/conversion
FISHPOND LEASE AGREEMENT
Title: Authority of DA to grant or approve Fishpond Lease
Agreement
FORESHORE LAND
Title: Foreshore Land (Tondo)
GARCHITORENA ESTATE
OPINION NO. 52, Series of 1994 April 18, 1994
Title: Applicability of DOJ Opinion No. 41, 1992 on the
Garchitorena Estate
GCMC
Title: Role in the Agrarian Reform Program of the
Government Corporation Monitoring and
Coordinating Committee (GCMC)
ILLEGAL CONVERSION
OPINION NO. 136, Series of 1993 September 22, 1992
Title: Report of the Cavite Christian Mission on the alleged
illegal conversion
INTERPRETATION
OPINION NO. 101 Series of 1995 October 5, 1995
Title: Interpretation of the last paragraph of Section 6 of
R.A. No. 6657

INTERPRETATION
Title: Interpretation of Sections 6, 70 & 73 of R.A. No.
6657
INTERPRETATION/APPLICATION
Title: Interpretation Application of 4th Paragraph,
Section 6, R.A. No. 6657
KALAKALAN 20 BENEFICIARIES
OPINION NO. 180, Series of 1990 October 15, 1990
Title: Whether or not it is exempt from CARP coverage
LAND BANK BONDS
Title: Use of Land Bank Bonds
LUNGSOD SILANGAN
OPINION NO. 26, Series of 1988 February 12, 1988
Title: Inclusion/non-inclusion of agro-forestry leases in
Lungsod Silangan
LUNGSOD SILANGAN
Title: The definite area to be covered by LS and the land
use of the 7,000 hectare overlap
MONEY CLAIMS (PRODUCTION SHARING)
OPINION NO. 174, Series of 1988 August 26, 1988
Title: Authority of DAR/DOLE to Adjudicate said money
claims
MORTGAGED PD 27 LANDS
Title: Mortgaged lands covered by PD 27
NAVY BASE RESERVATION (BAGUIO CITY)
Title: Transfer to DAR of the Navy Base Reservation
PRESIDENTIAL AGRARIAN REFORM COUNCIL (PARC)
Title: Finality of its decision and grant of reliefs and
remedies through its sub-committee
PERIOD (MANDATORY OR DIRECTORY)

Title: Mandatory or Directory two-year period
(Section 31, R.A. No. 6657)
REALTY TAXES (WHO SHOULD PAY)
Title: Payment of Realty Taxes on tenanted rice and/or
corn lands
RELEASE OF VOS DOCUMENTS
Title: Release of VOS Documents to the KMP
REPEAL (KATARUNGANG PAMBARANGAY LAW)
Title: Repeal of LOI 1314 & P.D. 1508 by R.A. No. 6657
RIVERBANKS
Title: Conflicting views on the compensability of the strips of
land along riverbanks
SUGAR RESTITUTION LAW (R.A. NO. 7202)
Title: Whether or not it amends R.A. No. 6657 and E.O. 407
SURRENDER OF OWNER'S DUPLICATE CERTIFICATE OF TITLE
Title: Whether said surrender may be dispensed with
SWAP SCHEME
Title: Whether it may be considered a new mode of
payment of lands
TEN (10) YEAR SCHEDULE OF CARP IMPLEMENTATION
Title: Whether it is mandatory or directory
UNTITLED PRIVATE AGRICULTURAL LANDS
OPINION NO. 176, Series of 1992 December 17, 1992
Title: Whether or not covered by CARP
VALUATION OF VOS LANDS
Title: Proposal of Justice Fernando Santiago on Valuation
of VOS lands
CHRONOLOGICAL INDEX
OPINION NO. 77, S. 1962
July 9, 1962
Tondo Foreshore Land
February 27, 1973 Request

should
tenanted
lands.
July 5, 1978
Request
for
opinion
regarding
landholdings
covered
by
P.D.
No.
27,
which
have
been
previously
mortgaged
to
banking institutions.
Feb. 12, 1988
Request
for
legal
opinion
on
the
inclusion/non-inclusion
of
agro-forestry
leases
in
Lungsod
Silangan
Townsite
Reservation
within
the
Comprehensive
Agrarian
Reform Program.
March 2, 1988
Request
for
opinion
on
the
Agrarian
Reform
Fund
and
Agrarian
Reform
Operating
Fund;
and
the
Role
of
Government
Corporation
Monitoring
and
Coordinating
Committee
(GCMC)
in
the
Agrarian Reform Program.
OPINION NO. 110, S. 1988 May 19, 1988
Request
for
opinion
on
the
use
of
Land
Bank
of
the
Philippines
(LBP)
bonds
in
payment
of
non-performing
assets
and
government
corporations
intended
for
disposition
under
the
privatization
program.
for
pay
opinion
as
to
realty
taxes
rice
and/or
OPINION NO. 174, S. 1988 August 26, 1988 Request

for
whether
the
Labor
and
(DOLE)
or
the
Agrarian
Reform
the
authority
who
on
corn
opinion
on
Department
of
Employment
Department
of
(DAR)
has
to
adjudicate
disputes
involving
money
claims
arising
from
the
production
sharing
provisions
of
Section
16,
Executive
Order
No.
229
(Comprehensive
Agrarian
Reform
Program)
in
relation
to
Section
17
of
the
same
Executive Order.
OPINION NO. 184, S. 1988 Sept. 13, 1988
(R.A.
March 13, 1989
No.
Request
for
opinion
regarding
the
interpretation
of
Secs.
6,
70
and
73
of
R.A.
No.
6657,
otherwise
known
as
the
Comprehensive
Agrarian
Reform Law of 1988.
Request
for
opinion
on
the
effect
of
the
1987
Constitution
and
the
Comprehensive
Agrarian Reform Law of 1988
6657)
on
the
power
or
authority
of
the
Department
of
Agriculture
to
grant
or
approve
fishpond
lease
agreements
over
alienable
public
lands
declared
suitable
for
fishpond
purposes.
OPINION NO. 124, S. 1989 June 29, 1989
Request
for
opinion
on
whether,
as
Officer-in-Charge,
of
DAR,
you
can
release
to
the
Kilusang
Magbubukid
ng
Pilipinas
(KMP)
xerox
copies
of
the
documents
of
consummated
Voluntary
Offer
to
Sell
(VOS)
transactions,
the
original
copies
of
which
are
on
file
with
the
Land
Bank
of
the Philippines (LBP)
OPINION NO. 44, S 1990
Request
for
opinion
on
the
DAR's
position
that
prior
to
the
passage
of
R.A.
6657,
the
Department
of
Agrarian
Reform
had
the
authority
to
March 16, 1990
for
classify
and
declare
which
agricultural lands are suitable
non-agricultural
purposes,
and
to
approve
or
disapprove
applications
for
conversion
from
agricultural
to
nonagricultural uses.
OPINION NO. 115, S. 1990 June 14, 1990
Query
on
whether
the
twoyear
period
prescribed
in
Sec.
31
of
the
Comprehensive
Agrarian
Reform
Law
(R.A. No. 6657) within which the
Presidential
Agrarian
Reform
Council
(PARC)
shall
act
on
stock
distribution
plans
of
corporate
landowner
is
directory,
rather
than
mandatory,
in nature.
OPINION NO. 180, S. 1990 Oct. 15, 1990
Request
for
opinion
on
whether
or
not
agricultural
lands
owned
by
Kalakalan
20
beneficiaries,
i.e.,
countryside
and
barangay
business
enterprises
(CBEE's)
under
R.A.
No.
6810
are
exempt
from
the
coverage
of
R.A.
No.
6657,
instituting
the
Comprehensive
Agrarian
Reform
Program
(CARP)
OPINION NO. 181, S. 1990 Oct. 19, 1990
Request
for
opinion
on
the
applicability
of
the
Comprehensive
Agrarian
Reform
Program
(CARP)
upon
the
estate
of
the
late
Alfonso
J.
Doronila.
Request
for
opinion
whether
or
not
R.A.
6657,
otherwise
known
Comprehensive
Agrarian
form
Law
of
1988
repealed
LOI
No.
1314
Section
2
of
P.D.
No.
April 23, 1991
on
No.
as
Rehas
and
1508
also
known
Pambarangay Law.
May 7, 1991
OPINION NO. 109, S. 1991 July 25, 1991
Request
the
Scheme
payment
by
Agrarian
(CARP).
as
Katarungang
for
opinion
regarding
Land
Asset
Swap
as
a
new
mode
of
for
lands
covered
the
Comprehensive
Reform
Program
Request
for
opinion
on
the
proposal
of
Justice
Fernando
Santiago
regarding
the
valuation
of
lands
subject
of
Voluntary
Offer
to
Sell
(VOS)
or
compulsory
acquisition
under
R.A.
No.
6657,
otherwise
known
as
the
Comprehensive Agrarian
Reform Law (CARL).

Jan. 5, 1992
Request
for
opinion
regarding
the
request
of
the
Department
of
Agrarian
Reform,
thru
its
Provincial
Agrarian
Reform
Officer
in
Baguio
City,
for
the
transfer
to
the
said
department
of
approximately
eight
(8)
hectares
of
the
Navy
Base
Reservation
in
that
city
to
be
awarded
to
forty
three
(43)
individuals
averred
to
be farmer-tillers.
April 2, 1992
Request
for
opinion
regarding
the
application/interpretation
of
the
Fourth
Paragraph
of
Section
6
of
the
Comprehensive
Agrarian
Reform
Law
(R.A. 6657).
June 18, 1992
Request
whether
public
waived
for
opinion
on
not
the
rule
on
bidding
may
be
in
favor
of
direct
or
negotiation
in
implementing
swap
deals
Comprehensive
Reform Program.
the
course
of
land-asset
under
the
Agrarian
OPINION NO. 176, S.1992 Dec. 17, 1992
Request
for
opinion
on
whether
or
not
untitled
private
agricultural
lands
are
covered
under
the
Comprehensive
Agrarian
Reform
Program
(CARP)
and
whether
or
not
the
proper
title
through
administrative
or
judicial
proceedings,
is
an
indispensable
requisite
before
the
owner
of
these
untitled
agricultural
lands
could
be
paid
from
the
Agrarian
Reform Fund.
Request
for
opinion
the
pilot
agro-tourism
ment
plan
for
Samal
proposed
by
the
of Tourism.
Jan. 22, 1993
regarding
developIsland
as
Department
OPINION NO. 136, S. 1993 Sept. 22, 1993
Memorandum
to
the
President
on
the
recommendations
of
the
Task
Force
created
to
investigate
the
report
of
Cavite
Christian
Mission
regarding
the
alleged
illegal
conversion
of
agricultural
lands
and
harassment
of
farmers in Cavite.
Request
for
opinion
on
the
applicability
of
the
Supreme
Court
decision
in
G.R.
No.
100091,
entitled
"Central
Mindanao
University
(CMU)
vs.
the
Department
of
Agrarian
Reform
Adjudicatory
Board,
et
al
"(October
22,
1992)
to
the
West
Visayas
State
University
(WVSU),
in
Jan. 17, 1994
which
it
was
ruled
that
lands
of
CMU
reserved
for
educational
purposes
are
excluded
from
the
coverage
of
the
Comprehensive
Agrarian
Reform Law (CARL).
April 18, 1994
OPINION NO. 111, S. 1994 July 28, 1994
through
Request
for
"clarification"
the
applicability
of
Department's
Opinion
No.
s.
1992
to
the
case
of
"Garchitorena
Estate"
Camarines Sur.
on
this
41,
the
in
Request
for
clarification
on
the
finality
of
the
decision
of
the
Presidential
Agrarian
Reform
Council
(PARC)
and
whether the PARC can grant
its
sub-committee
reliefs
and
other
remedies
on
requests
for
reconsideration
of its decision.
OPINION NO. 137, S.1994 Sept. 26, 1994
Request
for
opinion
on
the
definite
area
to
be
covered
by
Lungsod
Silangan
and
the
land
use
of
the
approximately
7,000
hectare
overlap
between
the
areas
covered
by
Proclamations
Nos.
1636
and 1637.
Request
for
opinion
and
comment
on
the
conflicting
views
of
your
office
and
that
of
the
Regional
Director,
Regional
Office
No.
6,
Department
of
Agrarian
Reform
(DAR)
concerning
the
compensability
of
the
strips
of
land
along
riverbanks,
under
the
Voluntary
Offer
to
Sell
Scheme
of
the
Comprehensive
Agrarian
Reform
Program
(R.A.
No.
6657),
which
are
subject
of
Aug. 24, 1995
legal
easements
638
of
the
New
and
Sec.
90
of
Land Act.
under
Civil
the
Art.
Code
Public
OPINION NO. 101, S. 1995 October 5, 1995
Request
for
interpretation
of
the
last
paragraph
of
Section
6
of
the
Comprehensive
Agrarian
Reform
Law
(R.A.
No.
6657).
Sept. 12, 1995
Request
for
opinion
on
whether
the
provisions
of
R.A.
No.
6657
the
Comprehensive
Agrarian
Reform
Law
(CARL)
and
Executive
Order
No.
407
directing
government
financial
institutions
(GFIs),
among
others,
to
turn
over
to
the
Department
of
Agrarian
Reform
(DAR)
foreclosed
collaterals
are
deemed
amended
by
R.A.
No.
7202
(the Sugar Restitution Law).
May 14, 1996
Request
for
opinion
on
whether
or
not
Administrative
Order
No.
20
(1992)
of
the
Office
of
the
President
supersedes
this
Department's
Opinion No. 44, s. 1990.
July 25, 1996
Request
for
opinion
on
the
queries
posed
by
the
Chamber
of
Real
Estate
Brokers
Association
(CREBA),
an
organization
of
subdivision
and
condominium
developers
on
whether
or
not
a
conversion
order
from
the
Department
of
Agrarian
Reform
(DAR)
is
necessary
when
the
land
intended
to
be
converted
into
residential
use
is
covered
by
P.D.
No.
1517,
P.D.
No.
399
and
Section
8
of
R.A.
No.
7279;
whether
or
not
lands
(irrigated
unirrigated)
which
were
sified
after
15
June
are
automatically
removed
the
coverage
of
the
reform.
or
reclas1988,
from
agrarian
OPINION NO. 103, S. 1996 Nov. 18, 1996
Request
for
opinion
on
the
total
amount
of
Agrarian
Reform
Fund
(ARF),
as
embodied
in
Proclamation
No.
131,
Executive
Order
No.
229
and
Republic
Act No. 6657.
Aug. 1, 1996
Request
for
confirmation
of
the
opinion
rendered
by
the
Commission
on
the
Settlement
of
Land
Problems
(COSLAP),
dated
May
21,
1996,
that
the
"surrender
of
the
owner's
duplicate
certificate
of
title
covering
an
agricultural
land
acquired
by
the
Department
of
Agrarian
Reform
(DAR)
under
the
Comprehensive
Agrarian
Reform
Program
(R.A.
No.
6657)
may
be
dispensed
with
and
that
payment
of
the
just
compensation
may
be
made
by
the
Land
Bank
even
in the absence thereof".
Feb. 14, 1997
Request
for
opinion
on
whether
or
not
the
ten-year
schedule
of
implementation
specified
in
Section
5
of
the
Comprehensive
Agrarian
Reform
Law
(R.A.
No.
6657)
is mandatory or directory.

INDEX of AGRARIAN Related Doj Opinions

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INDEX of AGRARIAN Related Doj Opinions

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INDEX OF AGRARIAN-RELATED DOJ OPINIONS

November 18, 1996

OPINION NO. 35, Series of 1988

OPINION NO. 180 Series of 1990

OPINION NO. 176, Series of 1992

OPINION NO. 12, Series of 1993

OPINION NO. 52, Series of 1996

OPINION NO. 136, Series of 1993

CONVERSION, AUTHORITY OF THE DEPARTMENT

OPINION NO. 44, Series of 1990

OPINION NO. 111, Series of 1994

OPINION NO. 92, Series of 1978

OPINION NO. 91, Series of 1995

OPINION NO. 9, Series of 1997

OPINION NO. 77, Series of 1962

OPINION NO. 174, Series of 1988

OPINION NO. 110, Series of 1988

OPINION NO. 68, Series of 1991

OPINION NO. 115, Series of 1990

OPINION NO. 53, Series of 1989

March 13, 1989

OPINION NO. 124, Series of 1989

OPINION NO. 35, Series of 1973

OPINION NO. 26, Series of 1988

OPINION NO. 81, Series of 1991

OPINION NO. 1, Series of 1992

OPINION NO. 80 Series of 1992

OPINION NO. 1, Series of 1994

OPINION NO. 52, Series of 1994

OPINION NO. 137, Series of 1994

OPINION NO. 82, Series of 1995

OPINION NO. 101, Series of 1995

REFUSAL TO RENDER OPINION

OPINION NO. 77, Series of 1996

OPINION NO. 74, Series of 1996

OPINION NO. 41, Series of 1992

OPINION NO. 184, Series of 1988

OPINION NO. 109, Series of 1991

OPINION NO. 1, Series of 1994 January 17, 1994

R.A. No. 6657

PERIOD (MANDATORY OR DIRECTORY)

Tondo Foreshore Land

OPINION NO. 35, S. 1973

February 27, 1973 Request

OPINION NO. 92, S. 1978

OPINION NO. 26, S. 1988

Feb. 12, 1988

OPINION NO. 35, S. 1988

OPINION NO. 110, S. 1988 May 19, 1988

OPINION NO. 174, S. 1988 August 26, 1988 Request

OPINION NO. 53, S. 1989

March 13, 1989

OPINION NO. 124, S. 1989 June 29, 1989

OPINION NO. 44, S 1990

March 16, 1990

OPINION NO. 115, S. 1990 June 14, 1990

OPINION NO. 180, S. 1990 Oct. 15, 1990

OPINION NO. 181, S. 1990 Oct. 19, 1990

OPINION NO. 68, S. 1991

April 23, 1991

OPINION NO. 109, S. 1991 July 25, 1991

Reform Law (CARL).

OPINION NO. 41, S. 1992

OPINION NO. 80, S. 1992