Department of Justice(DOJ)

Good day!

I am working with DPWH X Legal Division and would like to clarify as to the Compensation for subsequent use of land - 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.

I already requested for a similar document in which FOI responded, however, it lacked one attachment. Only DOJ Opinion No. 94s of 2012 was attached.

Looking forward to your response.

October 7, 2019

Dear Kenneth,

Thank you for your request dated Oct 07, 2019 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for DOJ Opinion on Free Patents issued by DENR through CARP; re: Compensation for Subsequent use of land.

We received your request on Oct 07, 2019 and will respond on or before Oct 28, 2019 08:58:06 AM, 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 https://www.foi.gov.ph/requests/aglzfmVmb2ktcGhyHQsSB0NvbnRlbnQiEERPSi0yMDIxMjM2MzM3NjQM, for request with ticket number #DOJ-202123633764.

Thank you.

Respectfully,

Irene Dulin
FOI Officer

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