Department of Agrarian Reform

FOI Receiving Officer 02:56 PM, Oct 23, 2020

October 23, 2020

Dear Midardo,

Thank you for your request dated Oct 23, 2020 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Copy of Certificate of Land Transfer for Midardo Cabojoc Sr..

We received your request on Oct 23, 2020 and will respond on or before Nov 13, 2020 02:36:34 PM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at http://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEERBUi04MzcyNTM4NDI1NzEM, for request with ticket number #DAR-837253842571.

Thank you.

Respectfully,

DAR - CO FOI Receiving Officer
FOI Officer

Decision Maker 03:35 PM, Nov 12, 2020

November 12, 2020

Dear Midardo Cabojoc Jr.,

Greetings!

Thank you for your request dated Oct 23, 2020 02:36:34 PM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your Request

You asked for Copy of Certificate of Land Transfer for Midardo Cabojoc Sr..

Response to Request

This is the response of DAR Leyte Provincial Office:

"The office regrets to inform you that official records in the custody of the DAR Leyte Provincial Office were destroyed during the onslaught of super typhoon Yolanda. Recovery of the documents proved futile as the whole office was decimated by said super typhoon. Nonetheless, we wish to inform you of the nature of a Certificate of Land Transfer in relation to your request.

The Certificate of Land Transfer (CLT) is a document issued by DAR, pursuant to DAR Memorandum Circular No. 24, series of 1973. The CLT proves inchoate ownership of an agricultural land primarily devoted to rice and corn production. It is issued in order for the tenant-farmer to acquire the land but not as land title itself. This certificate prescribes the terms and conditions of ownership over said land and likewise describes the landholding - its area and its location (Jovendo del Castillo vs. Abundio Orciga, et al., G.R. No. 153850, August 31, 2006). This means that a CLT is not a land title under the Torrens system. Rather, the issuance of a CLT is part of the preparatory steps for the eventual issuance of a certificate of title, an Emancipation Patent under the Operation Land Transfer of Presidential Decree No. 27.

Anent this, we requested for update on your case from our Municipal Office in Sta. Fe, Leyte to which we have been informed and would like to share the same information to you that the application as farmer beneficiary of Mr. Midardo Cabojoc, Sr. is pending at the DAR Municipal Level due to the need for a reconstitution of Title No. OE-7510 and OE-7511 as the same were part of those titles that were lost due to the fire that likewise destroyed the Registry of Deeds in 1994."

Your right to request a review

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to Secretary John R. Castriciones at his email address deptsecretary@dar.gov.ph. Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.

If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011).

Thank you.

Respectfully,

DAR RO 8 - Eastern Visayas Decision Maker
FOI Receiving Officer