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.

Interpretative Rule

Interpretative rules promulgated by Administrative Agencies interpret, clarify or explain regulations under which the administrative body operates. The purpose or objective of an interpretative rule is no more than interpret the statute. Simply, the rules tries to say what the statute means. An interpretative rule need not be published and neither is a hearing required since it is issued by the administrative body as an incident of its power to enforce the law and is intended merely to clarify statutory provisions for proper observance by the people.