Form No. 6  AFFIDAVIT UNDER CIRCULAR NO.

31, SERIES OF 1973 OF THE

SECRETARY OF JUSTICE

REPUBLIC OF THE PHILIPPINES)

PROVINCE OF ..................) SS.
MUNICIPALITY OF .....-.......)

                      AFFIDAVIT

     I..................................................................... single/married to

………….......................................... of legal age,  with residence and post-office address
at  …………………………………………... after having been duly sworn on oath in
accordance with law, hereby depose and say:

     That I am party to that instrument of Sale/Mortgage/Subdivision Agreement of a

parcel of land executed before Notary Public ..................................... at ........................
on ................ and entered as Doc. No. ....................................... Page No. .....................
Book No. ......... ……..Series of .............................of his Notarial Register, covering a
parcel of land more particularly described as  follows:

(Copy Technical Description of Property)

    That said parcel of land is tenanted (or not tenanted) but is not primarily devoted to the
production of rice or corn as of 21 October 1972 and as of the date of the execution of
this Affidavit, and does not come within the purview of Republic Act No. 3844, or the
Presidential Decrees on land reform;

     (Or, That one-half of the above parcel of land, at the northern portion thereof, is
planted to rice and tenanted, while the southern half portion is devoted to coconuts, and
the instrument of Sale/Mortgage/Segregation covers only this southern portion, which is
wholly planted to coconut trees);

      That this Affidavit is executed in compliance with Circular No. 31 of the Secretary of
Justice, dated 22 August 1973.

IN TRUTH WHEREOF, I have hereunto set my hand this ................. day of ..................
19…………………..., at.................
                                

  ............................
                                        Affiant

(JURAT, Form No. 4)

*"On 21 Oct. 1972, following the declaration of martial law, the President proclaimed P.
D. No. 27 known as the Tenants' Emancipation  Act,  decreeing  that  henceforth,  tenant-
farmers  of  private agricultural lands primarily devoted to rice and corn, shall considered
owners of a portion of the land they till, constituting a family-size farm of 5 hectares if
not irrigated and 3 hectares, if irrigated,  and  empowering the  Secretary  of  the 
Department  of Agrarian Reform to formulate implementing rules and regulations.

    On 26 Nov. 1972, the President postponed the promulgation of

said rules and regulations, pending studies made in pilot projects, but forbade the
ejectment of tenant-farmers.  With this as a back-ground, and with the end in view of
preventing registration of instruments which may tend to nullify or subvert the objectives
of P. D. 27,   Acting Secretary of   Justice  Catalino  Macaraisr.   Jr, issued this Circular
to all Registers of Deeds, requiring the registrant, "as a prerequisite to  registration  of a
voluntary deed or instrument purporting to be a subdivision, mortgage, sale or any other
mode of encumbrance or conveyance of private agricultural land or any portion thereof,
to present an affidavit to the effect that the land involved is not tenanted, or if tenanted,
the same is not primarily devoted to the production of rice and/or corn as of 21 October
1972 and on or about the date of registration.  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 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; x x x" (Circular No. 31, S. of
1973, Dep't of Justice).

    NOTE: From the tenor of Circular No. 31 above-quoted, an) the  specific 
observations  contained  in  Department Memorandun Circular No.  19, of the
Department of Agrarian  Reform, dated 30 Aug. 1973, it seems that no deed or instrument
is registerable if it covers rice or corn lands which is tenanted, be it a subdivision
(partition), mortgage, sale, or any other mode of encumbrance o: conveyance.  If the land
is not tenanted, even if it is devoted to  rice or corn, the instrument is still registerable,
provided an affidavit stating this fact under Circular No. 31 accompanies the deed or
instrument.  In other words, only tenanted, rice or corn land is prohibited from being
encumbered or conveyed under Circular No. 31, on the proposition that under P. D. No.
27, the tenant is considered the owner of a portion thereof.