GR 229983 2019
GR 229983 2019
GR 229983 2019
HEIRS OF JULIANA
MARONILLA, represented by
ATTY. RAMON M. Promulgated:
MARONILLA,
x---------------------------~~~~~~~~-~~~: ____________~_!M,J~1~--------x
DECISION
PERLAS-BERNABE, J.:
2008 3 dated August 29, 2008 issued by the Department of Agrarian Reform
(DAR) Secretary, exempting a 447.4025-hectare (ha.) portion of the subject
lands from the coverage of the Comprehensive Agrarian Reform Program
(CARP), 4 conditioned on the payment of disturbance compensation to the
affected tenants.
The Facts
with the Register of Deeds of Rizal (RD-Rizal) between October 24, 1988
and February 22, 1994 that partially cancelled Juliana's titles. 13
24
Issued by then Secretary of Justice Franklin M. Drilon on March 16, 1990.
25
Entitled "GUIDELINES FOR THE ISSUANCE OF EXEMPTION CLEARANCES BASED ON SEC. 3 (c) OF RA
6657 AND THE DEPARTMENT OF JUSTICE (DOJ) OPINION No. 44[,] SERIES OF 1990," issued by then
DAR Secretary Ernesto D. Garilao on May 27, 1994.
26
Referred to as "HSRC Resolution No. R-36" dated December 2, 1981 in DARCO Order No. EX-0808-
372, Series of2008 dated August 29, 2008; rollo, p. 93.
27
Entitled "AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN REFORM PROGRAM TO PROMOTE SOCIAL
JUSTICE AND INDUSTRIALIZATION, PROVIDING THE MECHANISM FOR ITS IMPLEMENTATION, AND FOR
OTHER PURPOSES," otherwise known as the "COMPREHENSIVE AGRARIAN REFORM LAW OF 1988,"
approved on June 10, 1988.
28
Rollo, pp. 55-56.
Decision 5 G.R. No. 229983
29
See id. at 92-93.
30
See id. at 93.
31
See id. at 56.
32
See id. at 94.
Decision 6 G.R. No. 229983
33
See id. at 94-95.
34
See Petition for Intervention Controve1ting the Application for Exemption Filed by the Heirs of Juliana
Maronilla dated May 7, 2007; id. at 154-172.
35
See id. at 156.
36
See id. at 159.
37
See id. at 96-97.
38 A review of the records show that TCT No. 164410 is fully covered by EPs (see id. at 94), while the
copy ofTCT Nos. 164414 and 164415 attached to the petition show that they are covered by CLOAs
(see id. at 110-111; including reverse portion, and 113; including reverse portion).
39
See id. at 97-98.
Decision 7 G.R. No. 229983
40 Based on DARCO Order No. EX-0808-372, the DAR Secretary denied the application for exemption
of the remaining "29 .9081" has. of the subject portions (see id. at 99). It appears, however, that this
figure is erroneous, considering that the Exemption Committee's recommendation, which was adopted
by the DAR Secretary, was to deny the application of the "29.0981" ha. of the subject portions broken
down as follows (see id. at 98):
' Lot No. Area (Ha)
1-H 1.5941
~
3-J 16.7959
3-L 10.7081
29.0981
See also id. at 97-98.
41 See id. at 97-99.
Decision 8 G.R. No. 229983
On August 29, 2008, the DAR Secretary issued DARCO Order No.
EX-0808-372, Series of 2008 43 (Exemption Order) adopting the
recommendation of the Exemption Committee, thereby: (a) granting
exemption of a 447.4025-ha. portion of the subject lands (subject portions)
from CARP coverage, conditioned on the payment of disturbance
compensation to the affected tenants within sixty (60) days from notice of
the Exemption Order; and ( b) denying the application for exemption of the
remaining 29.0981 has. ricelands already covered by EPs. 44
42
See id. at 97.
43
Id.at91-100.
44
See id. at 98-99.
45
See Motion for Reconsideration dated September 23, 2008; id. at 196-204.
46
Id. at 101-105.
✓
Decision 9 G.R. No. 229983
The CA Ruling
The essential issues for the Court's resolution are whether or not the
CA erred:
47
Id. at 67-90. Pated May 15, 2009.
48
See id. at 80-82.
49
See id. at 83-84.
50
Id. at 51-66.
51
See id. at 60-62.
52 See id. at 64.
Decision 10 G.R. No. 229983
whether or not the land falls under agrarian reform exemption, must be
preliminarily threshed out before the DAR, 53 particularly, the DAR
Secretary, 54 pursuant to DAR AO No. 6, Series of 1994. 55 Verily, issues of
exclusion or exemption partake the nature of Agrarian Law Implementation
(ALI) cases which are well within the competence and jurisdiction of the
DAR Secretary. Towards this end, the latter is ordained to exercise his legal
mandate of excluding or exempting a property from CARP coverage based
on the factual circumstances of each case and in accordance with the law and
applicable jurisprudence. Thus, considering too his technical expertise on the
matter, courts cannot simply brush aside his pronouncements regarding the
status of the land in dispute, i.e., as to whether or not it falls under CARP
coverage. 56
On the other hand, DOJ Opinion No. 44, Series of 1990 provides that
all lands that have already been classified as commercial, industrial or
residential before June 15, 1988 no longer need any conversion clearance
from the DAR in order to be exempt from CARP coverage. 57 However, an
exemption clearance from the DAR, pursuant to DAR AO No. 6, Series of
1994, is still necessary to confirm or declare their exempt status. 58
53 See DAR v. CA, 718 Phil. 232, 248 (2013). See also Section 2, Rule I of DAR AO No. 03, Series of
2003, Re: 2003 Rules for Agrarian Law Implementation Cases, known as the "2003 RULES OF
PROCEDURE FOR ALI CASES" (2003 ALI Rules), issued on January 16, 2003.
54
Under DAR AO No. 6, Series of 1994, the application is filed with the proper DAR Regional Office
which shall thereafter conduct a joint investigation with the duly authorized representatives of the
Provincial and Municipal Offices of the DAR that have jurisdiction over the property. The
investigation report shall then be forwarded to the Regional Director who shall prepare the Order for
denial or grant of the exemption clearance. The exemption folder, together with the draft order, shall,
in turn, be forwarded to the legal Affairs Office of the DAR Central Office for its review, and then
transmitted to the Office of the Secretary for signing.
55
Section 12, Rule III of the 2003 ALI Rules excepts applications for land use conversion and
exemption/exclusion from CARP coverage, and specified that they shall be governed by the special
procedures therefor, which in this case is DAR AO No. 6, Series of 1994.
56
See DAR v. CA, supra note 53, at 248.
57 In Natalia Realty, Inc. v. DAR (G.R. No. 103302, August 12, 1993, 225 SCRA 278, 283), the Court
ruled that lands already classified for residential, commercial or industrial use in town plans and
zoning ordinances as approved by the HLURB and its precursor agencies prior to June I 5, 1988 are
outside the coverage of the CARP.
58
See Agrarian Reform Law and Jurisprudence (A DAR-UNDP SARDIC Publication),
<http://www.lis.dar.gov.ph/documents/9269> (visited July 5, 2019).
In Heirs of Luna v. Afable (702 Phil. I 46, 170 [2013]), the Court had the occasion to declare that:
V
Decision 11 G.R. No. 229983
Such ~xemption clearance does not mean that the DAR Secretary is exempting the land from
CARL [(Referring to RA 6657)] coverage, with the implication that the land was previously
covere~i; it simply means that the CARL itself has, from the start, excluded the land from
CARL coverage, and the DAR Secretary is only affirming such fact. (Emphasis and
underscoring supplied)
59
Section I (6), Rule II of the DARAB 2003 Rules of Procedure adopted on January 17, 2003 provides:
Section 1. Primary and Exclusive Original Jurisdiction. - The Adjudicator shall have
primary and exclusive jurisdiction to determine and adjudicate the following cases:
xxxx
1.6 Those involving the correction, partition, cancellation, secondary and
subsequent issuances of Certificates of Land Ownership Award (CLOAs) and
Emancipation Patents (EPs) which are registered with the Land Registration
Authority[.] (Emphasis supplied)
60
DAR v. Heirs ofAbucay, G.R. Nos. 186432 and 186964, March 12, 2019; Sutton v. Lim, 700 Phil. 67,
74 (2012).
61
Emphasis supplied.
Decision 12 G.R. No. 229983
62
Sutton v. Lim, supra note 60, at 77.
63
With the passage on August 7, 2009 of RA 9700, entitled "AN ACT STRENGTHENING THE
COMPREHENSIVE AGRARIAN REFORM PROGRAM (CARP), EXTENDING THE ACQUISITION AND
DISTRIBUTION OF ALL AGRICULTURAL LANDS, INSTITUTING NECESSARY REFORMS, AMENDING FOR
THE PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT No. 6657, OTHERWISE KNOWN AS THE
COMPREHENSIVE AGRARIAN REFORM LAW OF 1988, AS AMENDED, AND APPROPRIATING FUNDS
THEREFOR" (July 1, 2009), further amending RA 6657, as amended, cases involving cancellation of
titles issued under any agrarian program, whether or not registered with the Land Registration
Authority, are now within the exclusive and original jurisdiction of the D4R Secretary. See DAR v.
Heirs ofAbucay, supra note 60, citing Section 24 of RA 6657, as amended by RA 9700.
64 Section 3 (j), Article I of DAR AO No. 07, Series of 2014, entitled "2014,RULES AND PROCEDURES
GOVERNING THE CANCELLATION OF REGISTERED EMANCIPATION PATENTS (EPS), CERTIFICATES OF
LAND OWNERSHIP AWARDS (CLOAS), AND OTHER TITLES ISSUED UNDER THE AGRARIAN REFORM
PROGRAM," issued on September 15, 2014; emphasis supplied.
65 Entitled "PROVIDING THE MECHANISMS FOR THE IMPLEMENTATION OF THE COMPREHENSIVE AGRARIAN
REFORM PROGRAM," approved on July 22, 1987.
Decision 13 G.R. No. 229983
DOJ Opinion No. 44, Series of 1990 recognized the authority of the
HLURB, and its precursor, the HSRC, to approve and/or promulgate zoning
and other land use control standards and guidelines which shall govern,
among others, land use plans and zoning ordinances of local government
units. Thus, lands already classified as commercial, industrial or
residential before June 15, 1988 no lon~er need any conversion
clearance from the DAR in order to be exempt from CARP coverage.
66
See Natalia Realty Inc. v. DAR, supra note 57, at 282-283. See also Pasong Bayabas Farmers
Association Inc. v. CA, 473 Phil. 64, 92-94 (2004), and Section IO of RA 6657.
67
See third paragraph, Item II of DAR AO No. 6, Series of 1994.
68
Section 3, Article XII of the 1987 CONSTITUTION pertinently provides:
Section 3. Lands of the public domain are classified into agricultural, forest or timber,
mineral lands and national parks. Agricultural lands of the public domain may be further
classified by law according to the uses to which they may be devoted. Alienable lands of the public
domain shall be limited to agricultural lands. x x x.
xx x x (Emphasis supplied)
69
Section 6 of Commonwealth Act No. 141, entitled "AN ACT TO AMEND AND COMPILE THE LAWS
RELATIVE TO LANDS OF THE PUBLIC DOMAIN," otherwise known as "The Public Land Act" (December
1, 1936), provides:
Section 6. The President, upon the recommendation of the Secretary of Agriculture and
Commerce [(now, DENR)], shall from time to time classify the lands of the public domain
into-
(a) Alienable or disposable,
(b) Timber, and
( c) Mineral lands,
and may at any time and in a like manner transfer such lands from one class to another, for the
purposes of their administration and disposition.
The Department of Agriculture and Commerce (DAC) is now the DENR. See
<http://r7.denr.gov.ph/index.php/about-us/history> (visited July 5, 2019).
70
Entitled "REVISING PRESIDENTIAL DECREE No. 389, OTHERWISE KNOWN AS THE FORESTRY REFORM
CODE OF THE PHILIPPINES" (May 19, 1975).
'
Decision 14 G.R. No. 229983
the public domain that are needed for forest purposes as permanent forest to
form part of the forest reserves. 71
71
See Republic v. Roxas, 723 Phil. 279,302 (2013).
72
Hermosa v. CA, 604 Phil. 420, 428 (2009), citing Agrarian Law and Jurisprudence, Department of
Agrarian Reform-United Nations Development Programme, 2000 ed., p. 6.
73
Section 20 (a) of RA 7160, entitled "AN ACT PROVIDING FOR A LOCAL GoviRNMENT CODE OF 1991,"
otherwise known as the "LOCAL GOVERNMENT CODE OF 1991" (January 1, 1992), pertinently provides:
Section 20. Reclassification of Lands. - (a) A city or municipality may, through an
ordinance passed by the sanggunian after conducting public hearings for the purpose,
authorize the reclassification of agricultural lands and provide for the manner of their
utilization or disposition in the following cases: (1) when the land ceases to be economically
feasible and sound for agricultural purposes as determined by the Department of Agriculture
or (2) where the land shall have substantially greater economic value for residential,
commercial, or industrial purposes, as determined by the sanggunian concerned[.] xx x.
x x x x (Emphasis supplied)
74
Section 3. Additional Powers of Provincial Boards, Municipal Boards or City Councils and
Municipal and Regularly Organized Municipal District Councils. - xx x.
xxxx
Power to adopt zoning and planning ordinances. - Any prov1s1on of law to the contrary
notwithstanding, Municipal Boards or City Councils in cities, and Municipal Councils in
municipalities are hereby authorized to adopt zoning and subdivision ordinances or regulations for
their respective cities and municipalities subject to the approval of the City Mayor or Municipal
Mayor, as the case may be. Cities and municipalities may, however, consult the National Planning
Commission on matters pertaining to planning and zoning.
xxxx
75 Entitled "AN ACT AMENDING THE LA ws GOVERNING LOCAL GOVERNMENTS BY INCREASING THEIR
AUTONOMY AND REORGANIZING PROVINCIAL GOVERNMENTS" (June 19, 1959).
76
Heirs of Luna v. Afable, supra note 58, at 168.
Decision 15 G.R. No. 229983
To recall, the CARP covers all public and private agricultural lands,
as provided in Proclamation No. 131 and EO 229, including other lands of
the public domain suitable for agriculture, regardless of tenurial arrangement
and commodity produced. Section 3 (c) of RA 6657, as amended defines
agricultural land as referring to "land devoted to agricultural activity as
defined in this Act and not classified as mineral, forest, residential,
commercial or industrial land." 84 DAR AO No. 1, Series of 199085 clarified
this definition86 of "agricultural land" as follows:
77
Under Section 5 (b) of Executive Order No. 648, entitled "REORGANIZING THE HUMAN SETTLEMENTS
REGULATORY COMMISSION," otherwise known as the "CHARTER OF THE HUMAN SETTLEMENTS
REGULATORY Commission" (February 7, 1981), the HSRC has the power and duty to: "[r]eview,
evaluate and approve or disapprove comprehensive land use development plans and zoning
ordinances of local government; and the zoning component of civil works and infrastructure projects
of nationa~ regional and local governments; subdivisions, condominiums or estate development
projects including industrial estates, of both the public and private sectors and urban renewal plans,
programs and projects: Provided, that the Land Use Development Plans and Zoning Ordinances of
Local Governments herein subject to review, evaluation and approval of the commission shall
respect the classification of public lands for forest purposes as certified by the Ministry of
Natural Resources: Provided, further, that the classification of specific alienable and disposable lands
by the Bureau of Lands shall be in accordance with the relevant zoning ordinance of Local government
where it exists: and provided, finally, that in cities and municipalities where there are as yet no zoning
ordinances, the Bureau of Lands may dispose of specific alienable and disposable lands in accordance
with its own classification scheme subject to the condition that the classification of these lands may be
subsequently changed by the local governments in accordance with their particular zoning ordinances
which may be promulgated later." (Emphases supplied)
78
The lands covered by TCT Nos. 164414, 164417, and (164430) 422059 are classified as forest
conservation and agro-industrial.
79
See rollo, pp. 92-93.
80 Only a 1.5941-ha. portion of the lot covered by the said TCT was denied exclusion (see id. at 97 and
98), albeit, 27.3842 has. of the said land appeared to have been already issued EPs (id. at 94).
81
Only a 16. 7959-ha. portion of the lot covered by the said title was denied exclusion (see id. at 97 and
98), albeit, a substantial portion thereof have already been issued EPs and CLO As in favor of the FBs
(see id. at 94).
82 Only a 10.7081-ha. portion of the lot covered by the said title was denied exclusion (see id. at 98),
albeit, a substantial portion thereof have already been issued EPs and CLOAs in favor of the FBs (see
id. at 94).
83
See id. at 97-98.
84
Underscoring supplied.
Decision 16 G.R. No. 229983
In this case, the portions of the lands covered by TCT Nos. 164410 to
164415 (inclusive), 164417, and (164430) 422059 had been reclassified as
forest conservation zones under the HSRC-approved LUP of the
Municipality of Jalajala. Thus, being covered by a secondary, and not a
primary, classification as above-discussed, these lands cannot be deemed as
forest lands for purposes of CARP exemption under Section 3 (c) of RA
6657, as amended.
Nonetheless, the Court cannot discount the possibility that the said
lands classified as forest conservation zones may fall within the exemptions
and exclusions provided under Section 10 (a) of RA 6657 if they are
actually, directly and exclusively used for parks, forest reserves, 89
reforestation 90 or watersheds. 91 The said provision reads:
(a) Lands actually, directly and exclusively used for parks, wildlife,
forest reserves, reforestation, fish sanctuaries and breeding grounds,
watersheds and mangroves shall be exempt from the coverage of this
Act. (Emphasis supplied)
D. Lands which have been actually, directly and exclusively used and
found to be necessary for reforestation are likewise excluded and
exempted from the coverage of the CARP, provided that the areas or
portions thereof occupied by qualified forest occupants shall be
included in the Integrated Social Forestry (ISF) program of DENR, if
suitable. (Emphases supplied)
Given that the status of the above-mentioned lands was not examined
under the context of Section 10 (a) of RA 6657, as amended, the Court finds
that there is a need to refer93 the matter to the Office of the DAR Secretary94
for the purpose of determining whether or not the same are actually, directly
and exclusively used for parks, forest reserves, reforestation, or watersheds
as to be exempt from CARP coverage in accordance with Section 10 (a) of
RA 6657, as amended, pursuant to the guidelines set by DAR AO No. 13-90.
erred in excluding the same from the CARP pursuant to Section 3 (c) of
RA 6657, as amended. DOJ Opinion No. 67, Seriei of 2006 96 dated
September 25, 2006 provides that agro-industrial lands are within the
ambit or coverage of the definition of agricultural land under Section 3
(c) of RA 6657, as amended, considering that: (a) they are neither included
in the enumeration of exclusion provided in the said definition nor
mentioned under Section 1097 of the same law to be exempt from CARP
coverage; and (b) the legislative intent to include agro-industrial land within
the coverage of the agrarian reform program was specifically documented in
the records of the Philippine Senate. 98
96
Issued by then Secretary Raul M. Gonzalez.
97
Section 10 of RA 6657, as amended by RA 7881, provides:
Section 10. Exemptions and Exclusions. -
(a) Lands actually, directly and exclusively used for parks, wildlife, forest reserves,
reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves shall be
exempt from the coverage of this Act.
(b) Private lands actually, directly and exclusively used for prawn farms and
fishponds shall be exempt from the coverage of this Act: Provided, That said prawn
farms and fishponds have not been distributed and Certificate of Land Ownership Award
(CLOA) issued to agrarian reform beneficiaries under the Comprehensive Agrarian
Reform Program.
In cases where the fishponds or prawn farms have been subjected to the
Comprehensive Agrarian Reform Law, by voluntary offer to sell, or commercial farms
deferment or notices of compulsory acquisition, a simple and absolute majority of the
actual regular workers or tenants must consent to the exemption within one (1) year from
the effectivity of this Act. When the workers or tenants do not agree to this exemption,
the fishponds or prawn farms shall be distributed collectively to the worker-beneficiaries
or tenants who shall form a cooperative or association to manage the same.
In cases where the fishponds or prawn farms have not been subjected to the
Comprehensive Agrarian Reform Law, the consent of the farm wor15ers shall no longer be
necessary, however, the provision of Section 32-A hereof on incentives shall apply.
(c) Lands actually, directly and exclusively used and founci to be necessary for
national defense, school sites and campuses, including experimental farm stations
operated by public or private schools for educational purposes, seeds and seedling
research and pilot production center, church sites and convents appurtenant thereto,
mosque sites and Islamic centers appurtenant thereto, communal burial grounds and
cemeteries, penal colonies and penal farms actually worked by the inmates, government
and private research and quarantine centers and all lands with eighteen percent ( 18%)
slope and over, except those already developed, shall be exempt from the coverage of this
Act.
98
See DOJ Opinion No. 67, Series of 2006, citing Volume I, No. 93, Re: Discussion on Senate Bill No.
249 "An Act Instituting A Comprehensive Agrarian Reform Program To Promote Social Justice and
Industrialization, Providing the Programs For Its Implementation, and For Other Purposes."
99
Supra note 66, at 92, citing Luz Farms v. Secretary of the DAR, 270 Phil. 151, 158-159 (I 990) which,
in turn, cited Record, CONCOM, August 7, 1986, Vol. III, p. 30.
Decision 19 G.R. No. 229983
raising, 100 fishpond and prawn farming, 101 cattle-raising, 102 or other activities
which do not involve the growing of crops and accordingly reclassified
therefor, the said land shall be within the coverage of the CARP.
1988 and October 27, 1995, and way before the issuance of the January 14,
1986 memorandum of the President directing the issuance of EPs to the FBs
of the OL T program pursuant to which EPs were issued to individual FBs.
Since the rights and responsibilities of beneficiaries shall only
commence from their receipt of duly registered EPs 107 or CLOAs, 108
undeniably, no vested rights had accrued in favor of the concerned FBs prior
to the reclassification of the subject lands. Hence, the affected FBs cannot
invoke the issuance of EP and CLOA titles in their favor as a bar to the
exemption case.
On the other hand, the Court finds the CA to have correctly affirmed
the exclusion of the portions of the lands covered by TCT Nos. 164416,
164417, 164418, 164419, 164420, and (164432) M-13551 which have been
reclassified as residential or institutional.
the same, they being clearly beyond CARP coverage. 115 While the DAR
subsequently issued DAR AO No; 09-90 116 (now DAR AO No. 07-11 117),
providing that " [a] 11 lands which are voluntarily offered for sale to the
government, except lands within the retention limits, may no longer be
withdrawn and shall immediately fall under Phase I, as provided for in
Section 7 of RA 6657," 118 the same was not yet in effect at the time the VOS
was made on March 13, 1989. 119
115
See Rom v. Roxas & Company, Inc., 672 Phil. 342,368 (2011).
116 Entitled "REVISED RULES GOVERNING THE ACQUISITION or AGRICULTURAL LANDS SUBJECT OF
VOLUNTARY OFFER TO SELL AND COMPULSORY ACQUISITION PURSUANT TO RA 6657," adopted on
August 30, 1990; <http://www.lis.dar.gov.ph/documents/446> (visited July 5, 2019).
117
Entitled "REVISED Ruu~s AND PROCEDURES GOVERNING THE ACQUISITION AND DISTRIBUTION OF
PRIVATE AGRICULTURAL LANDS UNDER REPUBLIC ACT (R.A.) No. 6657, AS AMENDED," adopted on
September 30, 2011. <http://www.lis.dar.gov.ph/documents/6436> (visited July 5, 2019).
118
Item III (B) of DAR AO No. 09-90. Section 28 of DAR AO No. 07-11 provides:
Section 28. Period to File an Application/Petition for Exemption/Exclusion. - The
Application/Petition for Exemption or Exclusion from CARP coverage may be filed together with the
above-mentioned Manifestation. If it is not filed jointly, the LO [(landowner)] can file it, together with
the documents required by the rules on exemption or exclusion, within sixty (60) days from receipt of
the NOC [(Notice of Coverage)]. Non-submission thereof within this reglementary period shall be
construed as a waiver or abandonment of his/her/its right to file said Petition for Exemption or
Exclusion from CARP coverage with respect to the landholding covered.
For landholdings under VOS, the LO is deemed to have waived his/her/its right to file such a
Petition for Exemption or Exclusion from CARP coverage upon DAR's acceptance of his/her/its
offer. (Emphasis supplied)
11 1
' See rollo, p. 140.
Decision 23 G.R. No. 229983
SO ORDERED.
W1'1JJ
ESTELA MJPERLAS-BERNABE
Associate Justice
'
WE CONCUR:
INS. CAGUIOA
stice
C(RE~
Associate Justice
AM
Ass·ociate Justice
ATTESTATION
I attest that the conclusions in the above Decision had been reached in
consultation before the case was assigned to the writer of the opinion of the
Court's Division.
CERTIFICATION