Chapter IX Certificate of Land Transfer, Emancipation Patent, Affidavit of Non-Tenancy
 Land previously converted by government prior implementation of RA 6657 on June
Comprehensive Agrarian Reform History:
 RA 9844 – Comprehensive Agricultural Land Code
 PD 27- DECREEING THE EMANCIPATION OF TENANTS FROM THE BONDAGE OF THE
SOIL, TRANSFERRING TO THEM THE OWNERSHIP OF THE LAND THEY TILL AND
PROVIDING THE INSTRUMENTS AND MECHANISM THEREFOR
 RA 6657-Comprehensive Agrarian Reform Law
Constitutional Provision in CARP
 Sec 12 ART XIV of 1973 Constitution
 Sec 4 ART XII of 1973 Constitution
PD 27 laid down a system for the purchase by small farmers of the lands they are tilling
The tenant farmer is deemed to be the owner of the agricultural land subject to the
condition of the
1. cost of the portion transferred to him shall be paid in 15 equal annual
amortization
2. member of the barrio association organized in his locality
RA 6657
 is constitutional and valid exercise of police power and eminent domain
Coverage:
Covers all public and private agricultural lands as provided in Proclamation number 131 and
EO 229
a) All alienable and disposable lands of the public domain devoted to or suitable for
agriculture. No reclassification of forest or mineral lands to agricultural lands shall
be undertaken after the approval of this Act until Congress, taking into account
ecological, developmental and equity considerations, shall have determined by law,
the specific limits of the public domain.
b) All lands of the public domain in excess of the specific limits as determined by
Congress in the preceding paragraph;
c) All other lands owned by the Government devoted to or suitable for agriculture; and
d) All private lands devoted to or suitable for agriculture regardless of the agricultural
products raised or that can be raised thereon.
Excluded:
15, 1988
 Lands actually, directly and exclusively used and found to be necessary for parks,
wildlife, forest reserves, reforestation, fish sanctuaries and breeding grounds,
watersheds, and mangroves;
 Private land actually directly and exclusively used for prawn farm and fishponds.
Condition: it has not been distributed and certificate of Land Ownership Award
issued to agrarian reform beneficiaries under the CARP and subject to conditions
prescribed by the law.
 Farms used for raising livestock, poultry and swine
 Agricultural lands reclassified by LGU to Residential, commercial and industrial
 Homesteads
Conditions:
1. Original homestead owner or his heirs still own the land in June 15, 1988
2. They cultivate the land
 Land exclusively used for:
 national defense, school sites and campuses including experimental farm
stations operated by public or private schools for educational purposes,
seeds and seedlings research and pilot production centers
 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 the Act.
Beneficiaries (in order of priority)
 agricultural lessees and share tenants
 regular farmworkers
 seasonal farmworkers
 other farmworkers
 actual tillers or occupants of public land
 collective or cooperatives of the above beneficiaries
 others directly working on the land
Children of landowners who are qualified under Sec 6 of this act shall be given preference in  the non-payment of taxes or loans secured from any government financing
the distribution of the land of their parents however tenant tillers shall not be ejected institution
therefrom
Who will compensate the landowner?
Qualification of the Beneficiary  Land Bank of the Philippines
 Aptitude, Willingness and Ability to cultivate the land and make it productive
Manner of payment by beneficiaries
Disqualifications: Lands awarded pursuant to this Act shall be paid for by the beneficiaries to the LBP in thirty
 Beneficiaries under PD 27 who sold their land (30) annual amortizations at six percent (6%) interest per annum.
 first three (3) years after the award may be at reduced amounts as established by
Retention Limits: the PARC provided: that the first five (5) annual payments may not be more than
Except as otherwise provided in this Act, no person may own or retain, directly or indirectly, five percent (5%) of the value of the annual gross production as established by the
any public or private agricultural land, the size of which shall vary according to factors DAR.
governing a viable family-size farm, such as commodity produced, terrain, infrastructure, Should the scheduled annual payments after the fifth year exceed ten percent (10%) of the
and soil fertility as determined by the Presidential Agrarian Reform Council (PARC) created annual gross production and the failure to produce accordingly is not due to the
hereunder, but in no case shall retention by the landowner exceed five (5) hectares. Three beneficiary's fault, the LBP may reduce the interest rate or reduce the principal obligations
(3) hectares may be awarded to each child of the landowner, subject to the following to make the repayment affordable.
qualifications:
(1) that he is at least fifteen (15) years of age; and Award to beneficiaries:
(2) that he is actually tilling the land or directly managing the farm  Once the certificate is awarded and there is emancipation of the title the award is
indefeasible and imprescriptible after 1 year from their registration.
Award Ceiling:  The award shall be completed not more than 180 days in the name of RP
 Upto max 3 hectares per individual Transfer of awarded lands:
 Morethan 3 hectare if collective ownership but limited to the number of members  No any from pf transfer shall be allowed within 10 years
Exception:
Determination of just compensation - Hereditary Succession
Determining factors for just compensation: - Transfer of land to the gov’t, LBP or other beneficiary but with the right to
Basic formula: purchase form gov’t within 2years
 the cost of acquisition of the land  Any sale made within the time shall be considered null and void
 the current value of the like properties, its nature, actual use and income, the
sworn valuation by the owner, Voluntary Land Transfer
 the tax declarations, and the assessment made by government assessors shall be Landowners of agricultural lands subject to acquisition under this Act may enter into a
considered. voluntary arrangement for direct transfer of their lands to qualified beneficiaries subject by
 70% zona value of the BIR guidelines set by law.
Other consideration:
 The social and economic benefits contributed by the farmers and the farmworkers
and by the Government to the property
Reclassification Land: DAR
After the lapse of five (5) years from its award, when the land ceases to be economically (Department of Agrarian Reform)
feasible and sound for agricultural purposes, or the locality has become urbanized and the
land will have a greater economic value for residential, commercial or industrial purposes, Jurisdiction:
the DAR, upon application of the beneficiary or the landowner, with due notice to the  Approve or disapprove the
affected parties, and subject to existing laws, may authorize the reclassification or conversion, restructuring or
conversion of the land and its disposition: provided, that the beneficiary shall have fully readjustment of agricultural lands
paid his obligation. into non-agricultural uses;
 Resolution of Agrarian conflicts
COMPREHENSIVE AGRARIAN REFORM:  Adjudication of all matters involving
DEFINTIONS: agrarian reform
 Agrarian Reform means redistribution of lands, regardless of crops or fruits
produced, to farmers and regular farmworkers who are landless, irrespective of Responsibilities:
tenurial arrangement, to include the totality of factors and support services  Establish and promulgate
designed to lift the economic status of the beneficiaries and all other arrangements operational policies, rules and
alternative to the physical redistribution of lands, such as production or profit- regulations and priorities for
sharing, labor administration, and the distribution of shares of stocks, which will agrarian reform implementation
allow beneficiaries to receive a just share of the fruits of the lands they work.  Approve or disapprove the
 Agricultural Land refers to land devoted to agricultural activity as defined in this conversion, restructuring or
Act and not classified as mineral, forest, residential, commercial or industrial land. readjustment of agricultural lands
 Agricultural Activity means the cultivation of the soil, planting of crops, growing of into non-agricultural uses;
fruit trees, raising of livestock, poultry or fish, including the harvesting of such farm  Have exclusive authority to approve
products, and other farm activities and practices performed by a farmer in or disapprove conversion of
conjunction with such farming operations done by person whether natural or agricultural lands for residential,
juridical. commercial, industrial, and other
land uses as may be provided for by
law;
DAR has quasi- judicial power to adjudicate
agrarian reform matters
Cancellation are within the exclusive and
original jurisdiction of od SEC of DAR
No Restraining Order or Preliminary
Injunction. — No court in the Philippines
shall have jurisdiction to issue any
restraining order or writ of preliminary
injunction against the PARC or any of its duly
authorized or designated agencies in any
case, dispute or controversy arising from,
DARAB
(Department of Agrarian Reform
Adjudication Board )
 Primary and exclusive jurisdiction,
both original and appellate, to
determine and adjudicate all
agrarian disputes involving
Comprehensive Agrarian Reform
Program and related law
 Emancipation Patents
 Certificate of land ownership awards
Extent:
Issuance, correction and cancellation of
emancipation patents(EPs), CLOAs
** mere issuance of EP does not put the
ownership of the agrarian reform beneficiary
beyond attack and scrutiny
** issuance of titles are mere evidence of
ownership hence DARAB’s jurisdiction does
not automatically seize upon its issuance
There is not valid transfer of title should the
CLOA where it is based is void
For the DARAB to have jurisdiction over the
case, there must be a tenancy relationship
between the parties. In order for a tenancy
agreement to take hold over a dispute, it is
essential to establish all its indispensable
elements, to wit:
1) That the parties are the landowner and
the tenant or agricultural lessee
2) that the subject matter of the relationship
is an agricultural land;
3) that there is consent between the parties
necessary to, or in connection with the to the relationship; PD 27 Operation Land Transfer (OLT) RA 6657
application, implementation, enforcement, 4) that the purpose of the relationship is to program
or interpretation of this Act and other bring about agricultural production; Coverage:
pertinent laws on agrarian reform. 5) that there is personal cultivation on the 1. Land devoted for rice and corn
DAR proceeding are summary in nature part of the tenant or agricultural lessee; and 2. There must be a system of share-
An appeal of the DAR decision maybe 6) that the harvest is shared between the crop or lease tenancy
brought to CA by virtue of certiorari within landowner and the tenant or agricultural Covered Land:
15 days from the receipt of any decision lessee. A. 5 hectares if irrigated
** failure to meet any would render DARAB B. 3 hectares if family farm
with no jurisdiction Exemption of coverage of OLT: Right of Retention
1. Tenanted but Not devoted to rice a. Land devoted for rice and corn crops
Difference of in jurisdiction of DAR and DARAB and corn crops b. There must be a system of share-
DAR DARAB 2. Not tenanted even devoted crop or lease tenancy obtaining
Prior to the registrationin the Registry od Already registered therein
Deeds Issuance c. Land must not exceed 24 hectares;
Issuance Recall if more than 24 the composition
Recall Cancellation must be atleast 7 hectares
Cancellation considered as other agricultural land
Admin power thru Sec of DAR No admin power
Issuance of grant: Issuance of grant:
How are the case instituted? A. Certificate of land transfer A. Certificate of land ownership Award
 Files 1st in RTC for the determination of there is tenancy relationship B. Emancipation patents (EPS) (CLOA)
 Once tenancy relationship determined it shall be dismissed for lack of jurisdiction C. After presentation of Eps then go to B. After presentation of Eps then go to
and RoD for the issuance of titlw RoD for the issuance of title
 Referred to DAR which shall decide within 15 days if there is agrarian dispute There is still right of retention in both laws: In cases wherein the area selected by the land
Special Agrarian Courts owner is tenanted he has the following options:
 SC shall designate atleast 1 RTC per provinces as Special Agrarian Court (SAC) a. Remain the lesse
 There can be more if needed b. Be a beneficiary of another land with similar features
** must be exercised in 1 year
Special jurisdiction of SACs Waiver:
1. Determination of just compensation to owners a. Executing an affidavit or any other document attested by the Mun Agrarian Reform
2. Prosecution of criminal offenses under RA 6657 Officer, Provincial Agrarian Reform Officer or Regional director expressly waiving his
Appeal right
Decision of SAC are appealable to CA within 15 days b. Signing of the landowner-tenant production agreement and farmer’s undertaking
Distinct features of PD27 and RA 6657 or application for purchase and farmer’s undertaking, covering subject property
c. Entering into a voluntary land transfer/direct payment scheme agreement
d. Offering the subject landholding under VOS scheme and failure to indicate his
retained area.
 e. Signing or submission of other documents indicating consent to have the entire
property covered, such as the form letter of the LBP on the disposition of the case
and bond portions of a land transfer claim for payment, and the Deed of
Assignment, warranties and undertaking and undertaking executed in favor of the
LBP
f. Performing acts which constitute estoppel by laches
g. Doing such act or acts as would amount to a valid waiver in
accordance with applicable
AGRICULTURAL TENANCY
The physical possession by a person of land devoted to agriculture, belonging to, or legally
possessed by, another for the purpose of production through the labor of the former, and of
the members of his immediate farm household, is consideration of which the former agrees
to share the harvest with the latter, or to pay a price certain or ascertainable, either in
produce or in money, or both
* A tenant shall mean a person who, himself and with the aid available from within his
immediate farm household, cultivates the land belonging to, or possessed by, another, with
the latter's consent for purposes of production, sharing the produce with the landholder
under the share tenancy system, or paying to the landholder a price certain or ascertainable
in produce or in money or both, under the leasehold tenancy system.
REQUISITES OF AGRICULTURAL TENANCY
 Parties are the landowner and the tenant
 The subject is the agricultural land
 There is consent
 The purpose is agricultural production
 There is personal conviction
 There is sharing of harvests
EXTINGUISHMENT OF AGRICULTURAL LEASEHOLD RELATIONS
1. Abandonment of landholding without the knowledge of the agricultural owner
2. Voluntary surrender of the landholding by the agricultural lessee, written notice of
which shall be served 3 months in advance
3. Absence of the persons to succeed to the lessee, in the event of death or permanent
incapacity of the lessee
DISTURBANCE COMPENSATION (following RA 3844)
Notwithstanding any agreement as to the period or future surrender, of the land, an
agricultural lessee shall continue in the enjoyment and possession of his landholding except
when his dispossession has been authorized by the Court in a judgment that is final and
executory if after due hearing it is shown that—
1. The agricultural lessor-owner or a member of his immediate family will personally
cultivate the landholding or will convert the landholding, if suitably located,
intoresidential, factory, hospital or school site or other useful non-agricultural
purposes:
Provided; That the agricultural lessee shall be entitled to disturbance compensation
equivalent to five years rental on his landholding in addition to his rights under
Sections twenty-five and thirty-four, x x x
The state is not liable for disturbance compensation
ACQUISITION OF PRIVATE AGRICULTURAL LANDS; PAYMENT OF JUST COMPENSATION
1. The land must be privately-owned and found suitable for agriculture
2. There are beneficiaries willing to take over the ownership of the land and make it
more productive
3. The landowner is paid just compensation or deposit cash or LBP bonds is made in his
name if the value is contested
4. Title to the land is transferred in the name of the RP
MODES OF ACQUISITION
1. Operation land transfer—mechanism established for the implementation of PD27
2. Voluntary offer to sell—scheme whereby the landowners voluntarily offer their
agricultural lands for coverage regardless of phasing
3. Voluntary land transfer/direct payment scheme—landowner and the beneficiary
enter into a voluntary agreement for the direct transfer of lands to the latter
4. Compulsory acquisition—whereby the land is expropriated by the State (Section 16
of RA 6657)
5. Voluntary stock distribution in the case of corporate farms – alternative
arrangement for the physical distribution of lands wherein corporate owners
voluntarily divest a portion of their capital stock, equity or participation in favor of
their workers or other qualified beneficiaries
OLT COVERAGE MAY BE NULLIFIED DESPITE ISSUANCE OF EP WHERE LAND IS NOT
AGRICULTURAL LAND

SUMMARY:
 Title to all expropriated properties shall be transferred to the State only upon the
full payment of compensation to their respective owners
 All rights previously acquired by the tenant-farmers under PD27 are retained and
recognized
 Landowners who are unable to exercise their rights of retention under PD27 shall
enjoy the retention rights granted by RA6657

Recording:
The registry book known as “ provincial Register of Documents shall be register
a. All certificates of land transfer pursuant to PD 27
b. All subsequent transaction affecting such certificate, such adjustment, transfer,
duplication and cancellation of erroneous entrys

The DAR shall issue in a duplicate certificate Land transfer for every land brought under
Operation Land Transfer the original shall be kept by the tenant farmer and the duplicate by
the RoD

Section 106. Sale of agricultural land; affidavit. No voluntary deed or instrument purporting
to be a subdivision, mortgage, lease, sale or any other mode of encumbrance or conveyance
of private agricultural land principally devoted to rice or corn or any portion thereof shall be
registered unless accompanied by an affidavit of the vendor or executor stating that the
land involved is not tenanted, or if tenanted, the same is not primarily devoted to the
production of rice and/or corn.
If only a portion of the land is primarily devoted to the production of rice and/or corn, and
such area so devoted is tenanted, no such deed or instrument shall be registered unless
accompanied by an affidavit stating the area (size) of the portion which is tenanted and
primarily devoted to rice and/or corn, and stating further that the deed or instrument
covers only the untenanted portion or that which is not primarily devoted to the production
of rice and/or corn. A memorandum of said affidavit shall be annotated on the certificate of
title. The Register of Deeds shall cause a copy of the registered deed or instrument, together
with the affidavit, to be furnished the Department of Agrarian Reform Regional Office where
the land is located. The affidavit provided in this section shall not be required in the case of
a tenant-farmer who deals with his Certificate of Land Transfer or Emancipation Patent in
accordance with law.