Monday, June 13, 2011

CLOA holder v. application for exemption

It should be remembered that an application for CARP-exemption pursuant to DOJ Opinion No. 44, series of 1990 is non-adversarial or non-litigious in nature. Nowhere in the rule is it required that occupants of a landholding should be notified of an initiated or pending exemption application. Once the landholding is declared as CARP-exempt, the previous issuance of the Certificate of Land Ownership Award (CLOA) is erroneous. Hence, the holders thereof hold the property in trust for the rightful owner of the land.

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