CARPER LAD Form No.

70-B
(Revised 2021)

A. REMARKS/COMMENTS/RECOMMENDATIONS

Remarks:

The subject of this validation is a property located at Maloma, San Felipe, Zambales with an area of
31.5190 hectares covered under CLOA no. C-T-5488 and registered under the names of Michael Dela Cruz et.
al. It has an Approved Survey Plan (ASP) with reference no. PSD-03-1776647 (AR).
On June 2, 2023, the SPLIT team of DAR Zambales made an on-site inspection of the property and made
initial interviews to the Indigenous People thereat and discovered that the land is presently subdivided with
identifiable lots where the Agrarian Reform Beneficiaries (ARBs) are installed. All ARBs are residing at
Sagpat, Maloma, San Felipe Zambales.
In the course of the investigation, the Chieftain of IPs presented to the SPLIT team a photocopy of a
document indicating that the land they are presently occupying is part of the Ancestral Domain. This
prompted the undersigned to verify the matter with the DENR in Olongapo City.
On June 13, 2023 the undersigned went to DENR’s record section to verify the document presented by
the IPs. He was referred to Forest Technician II – Helmer D. Plaza. The latter informed the undersigned that
they had endorsed all documents relating to the IPRA law to the NCIP since 1997 and have no copy of the
document in their possession.
On June 14, 2023 members of the SPLIT team were directed to acquire a certified copy of the
document at Botolan, Zambales by the undersigned. According to the Head of NCIP - Engr. Albert S. Alisdan,
they have no copy of any approved title declaring the property as part of the Ancestral Domain. Based on his
recollection the application is still in process because they would like to first determine and segregate the area
covered by DAR’s CLOA. However, the SPLIT team was able to acquire a complete copy of the Certificate
of Ancestral Domain with reference no. CADC-043 from ARB/Pastor Jojo Beltran.
On July3, 2023 during the evaluation of its case folder it was discovered that the he Collective CLOA
issued by DAR under the names of Michael dela Cruz et al originated from a valid title with reference no. T-
3309 under the name of Tim Certeza dated September 16, 1986. Under the provisions of section 56 of the
IPRA Law (RA 8371) which states:
SECTION 56.  Existing Property Rights Regimes. — Property rights within the
ancestral domains already existing and/or vested upon effectivity of this Act, shall
be recognized and respected.
An advice was sought by the undersigned with the Legal Division of DAR if the above provision
applies in the instant case. The Legal Department replied in the affirmative stating that the basis of
determining the better title between the Ancestral Domain Title versus the DARs CLOA is the Original Title
by which the CLOA was subsequently issued. Since the original title from which the DAR covered it under
the CARP Law (RA 6657) was existing prior to the IPRA Law it must be recognized and respected. The
Certificate of Ancestral Domain is inferior to CLOA issued by DAR.
Recommendation:
Based on the above, the SPLIT team posits to uphold the validity of CLOA no. C-T-5488 and proceed
with parcelization under AO 1 Series of 2021.
BARC Representative: _____________________
 CARPER LAD Form No. 70-B
(Revised 2021)

B. CERTIFICATION

We hereby certify that the true information and data contained in this report are based on ocular
inspection of the land covered by existing collective CLOA and that the same are true and correct to the
best of our knowledge.

Prepared by:

EDGARDO T. BATALLA _______________

FVT Team Leader/Coordinator Date
(Signature over Printed Name)

Approved by:
 CARPER LAD Form No. 70-B
(Revised 2021)

JANETTE R. FAMULARCANO ______________

Municipal Agrarian Reform Program Officer/ Date
Designated Personnel
(Signature over Printed Name)
Copy Distribution:
Original - DARPO
Duplicate - MARPO/Designated Personnel
Triplicate - Field Validation Team