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REQUEST SUBMITTED
You have submitted an FOI request
Date: 2019-10-07 08:58:06.618767
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PROCESSING REQUEST
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Date: 2019-10-07 09:22:35.153613
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REQUEST DENIED
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Date: 2019-10-08 17:59:59.041327
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DOJ Opinion on Free Patents issued by DENR through CARP; re: Compensation for Subsequent use of land
Requested from DOJ by K. Omandam at 08:58 AM on
Oct 07, 2019.
Purpose: Reference
Date of Coverage: 01/01/2000 - 01/01/2019
Tracking no: #DOJ-202123633764
October 8, 2019 Dear Kenneth Omandam, Greetings! Thank you for your request dated Oct 07, 2019 08:46:14 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. Your request You wish to be clarified as regards compensation for the subsequent use of land under a free patent. Specifically, you inquire “whether or not, the 60 meters reservation for government has to be exhausted first or compensation is ought to be given upon the subsequent use of land under Free Patents” Response to your request This Department respectfully declines your request as it is in the nature of a request for legal opinion. While our aim is to provide information whenever possible, this is not the appropriate forum to entertain you request. In the alternative, you may wish to write a formal written request for opinion addressed to the Secretary of Justice. It must be stressed, however, that pursuant to established precedents, the Secretary of Justice, as Attorney General, renders opinion and gives legal advice only for and upon the request of national government functionaries, such as heads of departments and chiefs of bureaus and offices of equivalent rank, and then only on specific legal questions/issues arising from the performance of their respective powers and functions. Accordingly, he has, in practice consistently declined to render opinion or give legal advice to other government officials and to private individuals and entities. For further assistance you may review the FAQ section of the eFOI site: https://www.foi.gov.ph/help. 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 Hon. Menardo I. Guevarra, Secretary, Department of Justice, Padre Faura Street, Ermita, Manila. Your review request should explain why you are dissatisfied with this response, and should be made within fifteen (15) calendar days from the date when you have received this letter. We will complete the review and tell you the result within thirty (30) calendar days from the date of receipt of 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, FOI Decision Maker FOI Receiving Officer
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