Upload
junjun-alvar
View
218
Download
0
Embed Size (px)
Citation preview
8/11/2019 000TOPIC 8 Land Redistribution
1/72
LAND
REDISTRIBUTIONSections 22, 23, 24, 25, 26, and 27, plus case
LAND
REDISTRIBUTIONSections 22, 23, 24, 25, 26, and 27, plus case
Bilgera, MikeCanua, Erli
Deona, RenzElauria, Lots
8/11/2019 000TOPIC 8 Land Redistribution
2/72
Definition of Terms
Definition of TermsLandless Resident
A farmer or tiller who owns less than three (3)hectares of land.
8/11/2019 000TOPIC 8 Land Redistribution
3/72
8/11/2019 000TOPIC 8 Land Redistribution
4/72
Section 22 Qualified BeneficiariesSection 22 Qualified BeneficiariesProvision
Provided, however, that the children of landowners who are
qualified under Section 6 of this Act shall be given
preference in the distribution of the land of their parents: and
provided, further, that actual tenant-tillers in the landholdings
shall not be ejected or removed therefrom.
Beneficiaries under Presidential Decree No. 27 who have
culpably sold, disposed of, or abandoned their land are
disqualified to become beneficiaries under this Program.
A basic qualification of a beneficiary shall be his willingness,
aptitude, and ability to cultivate and make the land as
productive as possible. The DAR shall adopt a system of
8/11/2019 000TOPIC 8 Land Redistribution
5/72
Section 22 Qualified BeneficiariesSection 22 Qualified BeneficiariesProvision
monitoring the record or performance of each beneficiary, sothat any beneficiary guilty of negligence or misuse of the land
or any support extended to him shall forfeit his right to
continue as such beneficiary. The DAR shall submit periodic
reports on the performance of the beneficiaries to the PARC.If, due to the landowner's retention rights or to the number of
tenants, lessees, or workers on the land, there is not enough
land to accommodate any or some of them, they may be
granted ownership of other lands available for distributionunder this Act, at the option of the beneficiaries.
8/11/2019 000TOPIC 8 Land Redistribution
6/72
Section 22 Qualified BeneficiariesSection 22 Qualified BeneficiariesProvision
Farmers already in place and those not accommodated in thedistribution of privately-owned lands will be given preferential
rights in the distribution of lands from the public domain.
8/11/2019 000TOPIC 8 Land Redistribution
7/72
Section 22 Qualified BeneficiariesSection 22 Qualified BeneficiariesPriority of Distribution
As much as possible: to landless residents of the samebarangay
In the absence thereof: to landless residents of the
same municipality in the following order:
(a) agricultural lessees and share tenants;
(b) regular farmworkers;
(c) seasonal farmworkers;
(d) other farmworkers;
(e) actual tillers or occupants of public lands;
(f) collectives or cooperatives of the abovebeneficiaries; and
(g) others directly working on the land.
8/11/2019 000TOPIC 8 Land Redistribution
8/72
Section 22 Qualified BeneficiariesSection 22 Qualified BeneficiariesConditions
Provided, that the children of landowners who arequalified under Section 6 of this Act shall be given
preference in the distribution of the land of their
parents, and
Provided, further, that actual tenant-tillers in the
landholdings shall not be ejected or removed therefrom.
8/11/2019 000TOPIC 8 Land Redistribution
9/72
Section 22 Qualified BeneficiariesSection 22 Qualified BeneficiariesPriority of Distribution
Childrenof
landowner
Landless
residentsofthe
samebarangay
Landless
residentsofthe
samemunicipality
If
absent
(a) agricultural lessees and share tenants;
(b) regular farmworkers;
(c) seasonal farmworkers;
(d) other farmworkers;
(e) actual tillers or occupants of public lands;(f) collectives or cooperatives of the above
beneficiaries; and
(g) others directly working on the land.
Order
of
priority
8/11/2019 000TOPIC 8 Land Redistribution
10/72
Section 22 Qualified BeneficiariesSection 22 Qualified BeneficiariesQualifications of BeneficiaryBasic Qualification: willingness, aptitude, and
ability to cultivate and make the land as
productive as possible.
Other qualifications:
Filipino citizen; Resident of the barangay or municipality where
the landholding is located;
At least fifteen (15) years old at the time of
identification, screening and selection.
(DAR Administrative Order No. 2, series of 2009)
8/11/2019 000TOPIC 8 Land Redistribution
11/72
Section 22 Qualified BeneficiariesSection 22 Qualified BeneficiariesSpecial qualifications for farm workers
in commercial farms or plantations:
They may, in addition, qualify if they were
already employed as of June 15, 1988 in the
landholding covered by CARL.
Managerial farm workers not qualified to
become beneficiariesFarm workers holding managerial (or
supervisory) roles as of June 15, 1988 are not
qualified as beneficiaries.
However, farm workers promoted to
managerial positions after they were
identified, screened and selected will remain
qualified.
8/11/2019 000TOPIC 8 Land Redistribution
12/72
Section 22 Qualified BeneficiariesSection 22 Qualified BeneficiariesDAR Monitoring System: The DAR shall adopt a system of
monitoring the record or performance of each
beneficiary, so that any beneficiary guilty of
negligence or misuse of the land or any
support extended to him shall forfeit his right
to continue as such beneficiary. Periodic Reports: The DAR shall submit
periodic reports on the performance of the
beneficiaries to the PARC.
8/11/2019 000TOPIC 8 Land Redistribution
13/72
Section 22 Qualified BeneficiariesSection 22 Qualified BeneficiariesFurther Provisions If, due to the landowner's retention rights or
to the number of tenants, lessees, or workers
on the land, there is not enough land to
accommodate any or some of them, they may
be granted ownership of other lands available
for distribution under this Act, at the option ofthe beneficiaries.
Farmers already in place and those not
accommodated in the distribution of privately-
owned lands will be given preferential rights
in the distribution of lands from the public
domain.
8/11/2019 000TOPIC 8 Land Redistribution
14/72
Section 22 Qualified BeneficiariesSection 22 Qualified BeneficiariesDisqualified parties
Beneficiaries under Presidential Decree No. 27
who have culpably sold, disposed of, or
abandoned their land are disqualified to
become beneficiaries under this Program.
(RA 6657, CARL)
8/11/2019 000TOPIC 8 Land Redistribution
15/72
Section 22 Qualified BeneficiariesSection 22 Qualified BeneficiariesDisqualified parties Those who do not meet basic qualifications;
Those who have waived their right to become
an agrarian reform beneficiary in exchange for
compensation, provided that the waiver has
not been questioned in the proper government
entity; Those who have not paid an aggregate of three
(3) annual amortizations;
Those who have failed to exercise right of
redemption/repurchase within two (2) years
resulting in the foreclosure of mortgage by the
Land Bank of the Philippines of a previously
awarded land;
8/11/2019 000TOPIC 8 Land Redistribution
16/72
Section 22 Qualified BeneficiariesSection 22 Qualified BeneficiariesDisqualified parties Those who refused to pay three (3) annual
amortizations for land acquired through
voluntary land transfer or direct payment
scheme, resulting in the repossession of the
landowner;
Those who have been dismissed for cause; Those who have obtained substantially
equivalent employment, i.e., any employment
or profession from which the applicant-farmer
derives income equivalent to the income of a
regular farm worker at the time of
identification, screening, and selection of the
beneficiary;
8/11/2019 000TOPIC 8 Land Redistribution
17/72
Section 22 Qualified BeneficiariesSection 22 Qualified BeneficiariesDisqualified parties Those who have retired or voluntarily resigned
from their employment;
Those who have misused the land or diverted
the financial support services extended by the
government;
Those who have misrepresented material factsin their basic qualifications;
Those who have sold, disposed, or abandoned
the lands awarded to them by the government;
Those who have converted agricultural lands
to non-agricultural use without prior approval
of the Department of Agrarian Reform;
8/11/2019 000TOPIC 8 Land Redistribution
18/72
Section 22 Qualified BeneficiariesSection 22 Qualified BeneficiariesDisqualified parties Those who have been finally adjudged guilty of
forcible entry or unlawful detainer over their
property: and
Those who have violated agrarian reform laws
and regulations.
(DAR Administrative Order No. 2, series of 2009)
8/11/2019 000TOPIC 8 Land Redistribution
19/72
Section 22-A Order of PrioritySection 22-A Order of PriorityProvision
Section 22-A. Order of Priority. A landholding
of a landowner shall be distributed first to qualified
beneficiaries under Section 22, subparagraphs (a)
and (b) of that same landholding up to a maximum
of three (3) hectares each. Only when thesebeneficiaries have all received three (3) hectares
each, shall the remaining portion of the
landholding, if any, be distributed to other
beneficiaries under Section 22, subparagraphs (c),(d), (e), (f), and (g).
(As amended by RA 9700)
8/11/2019 000TOPIC 8 Land Redistribution
20/72
Section 22-A Order of PrioritySection 22-A Order of PriorityOrder of Distribution
Children of the landowner enjoy firstpreference: Each child, provided he is fifteen (15)
years old and actually tilling the land or directly
managing the farm, is entitled to three (3)
hectares.
Next in line:
(a) agricultural lessees and share tenants; and
(b) regular farmworkers.
8/11/2019 000TOPIC 8 Land Redistribution
21/72
Section 22-A Order of PrioritySection 22-A Order of PriorityOrder of Distribution
After the previous beneficiaries, the followingshall receive the remaining portion:
(a) seasonal farm workers;
(b) other farm workers;
(c) actual tillers or occupants of public lands;
(d) collectives or cooperatives of the abovebeneficiaries; and
(e) others directly working on the land.
8/11/2019 000TOPIC 8 Land Redistribution
22/72
Section 23 Distribution LimitSection 23 Distribution LimitProvision
Section 23. Distribution Limit. No qualifiedbeneficiary may own more than three (3) hectares of
agricultural land.
8/11/2019 000TOPIC 8 Land Redistribution
23/72
Section 23 Distribution LimitSection 23 Distribution LimitMaximum area for each beneficiary Maximum area per beneficiary: Three (3)
hectares.
Therefore, if a tenant or farm worker already owns
two (2) hectares of agricultural land, he may still
be awarded one (1) hectare.
If landholding not enough to meet 3-hectare
award ceiling: the area to be distributed will
depend on the actual size or tillage by each lessee
or tenant.
8/11/2019 000TOPIC 8 Land Redistribution
24/72
Section 23 Distribution LimitSection 23 Distribution LimitMaximum area for each beneficiary If landholding more than enough: the excess
will be distributed to agrarian reform beneficiaries
in the following order of priority:
(a) seasonal farm workers;
(b) other farm workers;
(c) actual tillers or occupants of public lands;(d) collectives or cooperatives of the above
beneficiaries.
8/11/2019 000TOPIC 8 Land Redistribution
25/72
Section 23 Distribution LimitSection 23 Distribution LimitMaximum area for each beneficiary If it is not economically feasible and sound to
divide the excess land to the seasonal or other
farm workers, the following criteria for
prioritization shall be observed:
(a) willingness, aptitude, and ability to cultivate
and make the land productive;(b) physical capacity; and
(c) length of service.
If they meet the criteria equally: priority shall
be given to those who have continuously worked on
the landholding.
8/11/2019 000TOPIC 8 Land Redistribution
26/72
Section 23 Distribution LimitSection 23 Distribution LimitMaximum area for each beneficiary For the other unaccommodated farmworkers:
they will be waitlisted as potential beneficiaries in
other landholdings.
If the beneficiaries opt for collective
ownership, such as farmers cooperative: the
total area must coincide with the total number ofmembers or co-owners multiplied by the 3-hectare
limit.
Area = Number of members x 3
8/11/2019 000TOPIC 8 Land Redistribution
27/72
Section 23 Distribution LimitSection 23 Distribution LimitFactors to be considered in
determining the size of land to beawarded(a) type of crop;
(b) type of soil;
(c) weather patterns; and
(d) other pertinent factors critical for the
success of the beneficiaries. (Sec. 25, CARL)
8/11/2019 000TOPIC 8 Land Redistribution
28/72
SECTION 24 AWARD
TO BENEFICIARIES
8/11/2019 000TOPIC 8 Land Redistribution
29/72
BENEFICIARIES
The rights and responsibilities of the beneficiariesshall commence from their receipt of a duly registeredemancipation patent of certificate of land ownership awardand their actual physical possession of the awarded land.Such award shall be completed in not more than onehundred eighty (180) days from the date of registration ofthe title in the name of the Republic of the Philippines;Provided, that the emancipation patents, the certificates ofland owndership award, and other titles issued under anyagrarian reform program shall be indefeasible andimprescriptible after one (1) year from its registration withthe Office of the Registry of Deeds, subject to the
conditions, limitations and qualifications of this Act, theaward being titles brought under the operation of theTorrens system, are conferred with the same indefeasibilityand security afforded to all titles under the said system, as
provided for by Presidential Decree No. 1529, as amended-
8/11/2019 000TOPIC 8 Land Redistribution
30/72
BENEFICIARIES
It is ministerial duty of the Registry of Deeds to register the
title of the land in the name of the Republic of the Philippines,
after the Land Bank of the Philippines (LBP) has certified that
the necessary deposit in the name of the landowner constituting
full payment in cash or inbond with due notice to the landowner
and the registration of the certificate of land ownership award
issued to the beneficiaries, and to cancel previous titles
pertaining thereto.
Identified and qualified agrarian reform beneficiaries based
on Section 22 of Republic Act No. 6657, as amended, shall haveusufructuary rights over the awarded land as soon as the DAR
takes possession of such land, and such right shall not be
diminished even pending the awarding of the emancipation
patent or the certificate of land ownership award.
SECTION 24 WARD TO
8/11/2019 000TOPIC 8 Land Redistribution
31/72
SECTION 24 WARD TO
BENEFICIARIES
All cases involving the cancellation of registered
emancipation patents, certificates of landownership award, and other titles issued under
any agrarian reform program are within the
exclusive and original jurisdiction of the
Secretary of DARL.
8/11/2019 000TOPIC 8 Land Redistribution
32/72
BENEFICIARIES
Transfer of ownership to the
beneficiaries not automatic
When does the DAR issue a certificate of
Land Ownership Award (CLOA)?
- The DAR will issue the CLOA only upon fullpayment of amortization by the farmer-beneficiary.
The CLOA in turn, becomes the basis for the issuance
in his name of an original or transfer certificate of title
8/11/2019 000TOPIC 8 Land Redistribution
33/72
BENEFICIARIES
CLOA is indefeasible
- CLOAs are titles brought under the operation of
the Torrens system. Hence, they are conferred with the
same indefeasibility and security as provided for by
Presidential Decree No. 1529, as amended by Republic
Act No. 6732. CLOAs and other titles issued under theagrarian reform program become indefeasible and
imprescriptible after one (1) year from its registration
with the Office of the Registry of Deeds, subject to the
conditions, limitations and qualifications underComprehensive Agrarian Reform Law, the Property
Registration Decree, and other pertinent laws.
ECTION ARD TO
8/11/2019 000TOPIC 8 Land Redistribution
34/72
ECTION ARD TO
BENEFICIARIES
Cancellation of CLOAs
- All cases involving the cancellation ofCLOAs, and other titles issued under any
agrarian reform program are within the exclusive
and original jurisdiction of the Secretary of the
Department of Agrarian Reform
8/11/2019 000TOPIC 8 Land Redistribution
35/72
BENEFICIARIES
Grounds for cancellation of
CLOAsa)Abandonment of the land;
b)Neglect or misuse of land
c)Failure to pay three (3) annualammortizations;
d)Misuse or diversion of financial and
support services;
e)Sale, transfer or conveyance of the right to
use the land; and
f)Illegal conversion of the land
8/11/2019 000TOPIC 8 Land Redistribution
36/72
BENEFICIARIES
When will the rights and obligations of
beneficiaries commence?
From their receipt of a duly registred CLOA and
their actual physical possession of the awarded land.
Pending issuance of CLOA, the identified and
qualified agrarian reform beneficiaries have
usufructuary rights over the awarded land which theDepartment of Agrarian Reform, has taken possession
8/11/2019 000TOPIC 8 Land Redistribution
37/72
BENEFICIARIES
Obligations of Agrarian ReformBeneficiaries:
(a) Exercise due diligence in the use, cultivation,and maintenance of the land, includingimprovements thereon, and
(b) Pay the Land Bank thirty (30) annualamortizations with 6% interest per annum
The amortization will start one (1) year from
the date of registration of the CLOA, the 10yearperiod shall be reckoned from constructiveoccupation of the land by the beneficiary
8/11/2019 000TOPIC 8 Land Redistribution
38/72
SECTION 25 AWARD
CEILINGS FOR
BENEFICIARIES
8/11/2019 000TOPIC 8 Land Redistribution
39/72
SECTION 25 AWARD CEILINGS FOR
BENEFICIARIES
Beneficiaries shall be awarded an area not
exceeding three (3) hectares, which may cover a
contiguous tract of land or several parcels of land
cumulated up to the prescribed award limits. The
determination of the size of the land for distribution
shall consider crop type, soil type, weather patternsand other pertinent variables or factors which are
deemed critical for the success of the beneficiaries.
For the purpose of this Act, a landless beneficiary
is one who owns less than three (3) hectares of
agricultural land. -
8/11/2019 000TOPIC 8 Land Redistribution
40/72
SECTION 25 AWARD CEILING FOR
BENEFICIARIES
Whenever appropriate, the DAR shall encourage the
agrarian reform beneficiaries to form or join farmerscooperatives for purposes of affiliating with existing
cooperative banks in their respective provinces or
localities, as well as forming blocs of agrarian reform
beneficiaries, corporations, and partnerships and joiningother farmers collective organizations, including
irrigators associations: Provided, that the agrarian
reform beneficiaries shall be assured of corresponding
shares in the corporation, seats in the board of directors,and an equitable share in the profit. -
8/11/2019 000TOPIC 8 Land Redistribution
41/72
SECTION 25 AWARD CEILING
FOR BENEFICIARIES
In general, the land awarded to a farmer-beneficiaryshould be in the form of an individual title, covering one(1) contiguous tract or several parcels of land cumulatedup to a maximum of three (3) hectares.
The beneficiaries may opt for collective ownership,such as co-workers or farmers cooperative or some otherform of collective ownership titles: Provided, that thetotal area that may be awarded shall not exceed the totalnumber of co-owners or members of the cooperative orcollective organization multiplied by the award limitabove prescribed, except in meritorious cases asdetermined by the PARC. -
8/11/2019 000TOPIC 8 Land Redistribution
42/72
8/11/2019 000TOPIC 8 Land Redistribution
43/72
SECTION 25 AWARD CEILING
FOR BENEFICIARIES
For idle and abandoned lands or undeveloped
agricultural lands to be covered by CARP, collective
ownership shall be allowed only if the beneficiaries opt
for it and there is a clear development plan that would
require collective farming or integrated farm operations
exhibiting the conditions described above. Otherwise,the land awarded to a farmer-beneficiary should be in
the form of an individual title, covering one (1)
contiguous tract or several parcels of land cumulated up
to a maximum of three (3) hectares.
8/11/2019 000TOPIC 8 Land Redistribution
44/72
SECTION 25 AWARD CEILING
FOR BENEFICIARIES
In case of collective ownership, title to the
property shall be issued in the name of the co-
owners or the cooperative or collective organization
as the case may be. If the certificates of land
ownership award are given to cooperatives then the
names of the beneficiaries must also be listed in thesame certificate of land ownership award.
S A C
8/11/2019 000TOPIC 8 Land Redistribution
45/72
SECTION 25 AWARD CEILING
FOR BENEFICIARIES
With regard to existing collective certificates of land
ownership award, the DAR should immediately
undertake the parcelization of said certificates of landownership award, particularly those that do not exhibit
the conditions for collective ownership outlined above.
The DAR shall conduct a review and redocumentation of
all the collective certificates of land ownership award.
The DAR shall prepare a prioritized list of certificates of
land ownership award to be parcelized. The parcelization
shall commence immediately upon approval of this Actand shall not exceed a period of three (3)years. Only
those existing certificates of land ownership award that
are collectively farmed or are operated in an integrated
manner shall remain as collective.
S 25 A C
8/11/2019 000TOPIC 8 Land Redistribution
46/72
SECTION 25 AWARD CEILING
FOR BENEFICIARIES
Individual titles for every beneficiary
As a general rule, the land should be awarded to
individual farmer-beneficiary and should be covered by
an individual title.
However, if the beneficiaries opt for collective
ownership, such as farmers cooperative, collective
ownership title may be issued in the name of the co-workers or the collective organization. If the title is
issued in the name of the collective organization, the
names of the beneficiaries must be listed in the same
certificate of land ownership award.
S 25 A C
8/11/2019 000TOPIC 8 Land Redistribution
47/72
SECTION 25 AWARD CEILING
FOR BENEFICIARIES
Conditions for issuance of collective titles
1) The farm management system of the land covered is notappropriate for individual farming;
2) The farm labor system is specialized, where the
farmworkers are organized by functions and not by specific
parcels such as spraying, weeding, packing and other similarfunctions;
3) The beneficiaries are currently not farming individual
parcels but collectively work on large contiguous areas; and
4) The farm consists of multiple crops being farmed in anintegrated manner or includes non-crop production areas
that are necessary for the viability of farm operations, such
as packing plants, storage areas, dikes, and other similar
facilities that cannot be subdivided or assigned to individual
S 25 A C
8/11/2019 000TOPIC 8 Land Redistribution
48/72
SECTION 25 AWARD CEILING
FOR BENEFICIARIES
Title must indicate that it is an
EP or CLOAThe title of the land awarded under the
agrarian reform must indicate that it is an
Emancipation Patent (EP) or a Certificate ofLand Ownership Award (CLOA)
The subsequent transfer title must alsoindicate that it is an emancipation patent or a
certificate of land ownership award.
8/11/2019 000TOPIC 8 Land Redistribution
49/72
8/11/2019 000TOPIC 8 Land Redistribution
50/72
Lands pursuant to this Act shall be paid for by thebeneficiaries to the LBP in thirty (30) annual amortizations
at six percent (6%) interest per annum. The annualamortization shall start one (1) year from the date of thecertificate of land ownership award registration, theamortization shall start one (1) year from actual occupancy.The payments for the first three (3) years after the awardshall be at reduced amount as established by the PARC:Provided, that the first (5) annual payments may not be morethan five percent (5%) of the annual gross production asestablished by the DAR. Should the scheduled annualpayments after the fifth (5th) year exceed ten percent (10%)of the annual gross production and the failure to produceaccordingly is not due to the beneficiarys fault, the LBPshall reduce the interest rate and or/ reduce the principalobligation to make the repayment affordable.
8/11/2019 000TOPIC 8 Land Redistribution
51/72
The LBP shall have a lien by way of mortgageon the land awarded to the beneficiary; andthis mortgage may be foreclosed by the LBP fornon-payment of an aggregate of three (3)annual amortizations. The LBP shall advise the
DAR of such proceedings and the latter shallsubsequently award the forfeited landholdingto other qualified beneficiaries. A beneficiarywhose land, as provided herein, has beenforeclosed shall thereafter be permanentlydisqualified from becoming a beneficiary underthis act.
8/11/2019 000TOPIC 8 Land Redistribution
52/72
Payment of Thirty (30)Annual Amortizationswith six percent (6%)interest per annum
Note: Payment Starts One (1) Year from:A.) Date of registration of the Certificate of LandOwnership Award (CLOA); orB.) Date of actual occupancy, if the occupancy took
place after the registration of the CLOA
8/11/2019 000TOPIC 8 Land Redistribution
53/72
After the 5
th
year, the interest rateor the principal obligation maybe reduced by the LBP to makethe repayment affordable:a.) If due to failure of production
, the scheduled annual paymentsexceed 10% of the annual grossproduction andb.) the failure to produce is notdue to the beneficiarys fault.
Note: This is so because the DARs maximumamortization is 5% of the annual gross
production
8/11/2019 000TOPIC 8 Land Redistribution
54/72
If the beneficiary failsto pay three (3) annualamortizations, the LBPcan forfeit thelandholding and awardit to other qualifiedbeneficiaries.
Note: The beneficiary whose land has been forfeited will bepermanently disqualified from becoming a beneficiary
8/11/2019 000TOPIC 8 Land Redistribution
55/72
8/11/2019 000TOPIC 8 Land Redistribution
56/72
Lands acquired by beneficiaries under this Act orother agrarian reform laws shall not be sold,
transferred or conveyed except through hereditarysuccession, or to the government, or to the LBP, orto other qualified beneficiaries through the DARfor a period of ten (10) years: Provided, however,
That the children or the spouse of the transferorshall have a right to repurchase the land from thegovernment or LBP within a period of two (2)years. Due notice of the availability of the landshall be given by the LBP to the BARC of thebarangay where the land is situated. ThePARCCOM, as herein provided, shall, in turn, begiven due notice thereof by the BARC.
8/11/2019 000TOPIC 8 Land Redistribution
57/72
The title of the land awarded under the
agrarian reform must indicate that it is anemancipation patent or a certificate of landownership award and the subsequent transfertitle must also indicate that it is anemancipation patent or a certificate of landownership award.
8/11/2019 000TOPIC 8 Land Redistribution
58/72
If the land has not yet been fully paid by thebeneficiary , the rights to the land may be transferred
or conveyed, with prior approval of the DAR, to anyheir of the beneficiary who, as a condition for suchtransfer or conveyance, shall cultivate the landhimself/herself. Failing compliance herewith, the land
shall be transferred to the LBP which shall give duenotice of the availability of the land in the mannerspecified in the immediately preceding paragraph. Inthe event of such transfer to the LBP, the latter shall
compensate the beneficiary in one lump sum for theamounts the latter has already paid, together with thevalue of the improvements he/she has made on theland.
8/11/2019 000TOPIC 8 Land Redistribution
59/72
In the event of such transfer to the LBP, the
latter shall compensate the beneficiary in onelump sum for the amounts the latter hasalready paid, together with the value of theimprovements he/she has made on the land.
8/11/2019 000TOPIC 8 Land Redistribution
60/72
Agrarian reformbeneficiaries cannot,within a period of ten (10)
years, sell or transferownership of the landawarded to them exceptthru:a.) hereditary succession;
b.) to the Government;c.) LBP;d.) other qualifiedbeneficiaries
8/11/2019 000TOPIC 8 Land Redistribution
61/72
If the beneficiary sells ortransfers ownership tothe Govt or LBP, thechildren or the spouseof the transferor canrepurchase the landwithin two (2) yearsfrom the date oftransfer.
8/11/2019 000TOPIC 8 Land Redistribution
62/72
If the land has not been fully paid by the beneficiary, hemay sell, transfer or convey his rights to the land under
the following conditions:a.) Approval of DARmust first be obtained;
b.) The land should besold only to an heir of thebeneficiary or to anyother qualifiedbeneficiary
c.) The transferee mustundertake to cultivate theland himself, otherwise,the LBP will take the land
for proper disposition
The LBP willcompensate theTransferor in one
lump sum of theamounts he hasalready paidtogether with theimprovements
made on the land
8/11/2019 000TOPIC 8 Land Redistribution
63/72
ESTRIBILLOETAL.VS.DAR&HACIENDAMARIA,INC.
G.R.No.159674June30,2006
FACTS
8/11/2019 000TOPIC 8 Land Redistribution
64/72
ESTRIBILLOETAL.VS.DAR&HACIENDAMARIA,INC.
G.R.No.159674June30,2006
Petitioners
recipientsofEmancipationsPatents(EPs)overparcelsoflandsinAgusan del
Sur
Parcelsof
land
formerlypartofaforestedarea
acquiredfromRepublicofthePhilippinesin1956
OCTNo.P30771661;coveredthreeparcelsofland
totalareaof527.8308hectares
Petitionersoccupiedandtilledtheseareas
believingthatthesamewerepubliclands
HMI
neverdisturbedpetitionersintheirpeacefulcultivationthereof.
October21,
1972
PDNo.27
FACTS
8/11/2019 000TOPIC 8 Land Redistribution
65/72
ESTRIBILLOETAL.VS.DAR&HACIENDAMARIA,INC.
G.R.No.159674June30,2006
MandatedthattenantedriceandcornlandsbebroughtunderOperation
LandTransferandawardedtofarmerbeneficiaries
HMI
requestedthat
the
527.8308
hectares
be
placed
under
the
coverage
of
OperationLandTransfer.
allowedpetitionerstocultivate(withcompensation)thelandholdingsso
thatthesamemaybecoveredundersaidlaw
participatedinallrelevantproceedings
signatoryof
Landowner
and
Tenant
Production
Agreement
(LTPA)
covering
the527.8308hectares;submittedtoLandBankin1997.
executed in1997aDeedofAssignmentofRightinfavorofpetitioners
Eventually
from1984 1988
correspondingTCTs
and
EPs
covering
the
entire
527.8308
hectares
were
issuedtopetitioners
FACTS
8/11/2019 000TOPIC 8 Land Redistribution
66/72
ESTRIBILLOETAL.VS.DAR&HACIENDAMARIA,INC.
G.R.No.159674June30,2006
December1997
HMIfiledwithRegionalAgrarianReformAdjudicator(RARAD)
17petitionsseekingthedeclarationoferroneouscoverage(cancellation
ofEPs)
under
PD
No.
27
of
277.5008
of
the
527.8308
hectares
claimedthatsaidareawasnotdevotedtoeitherriceorcorn
untenanted
nocompensationwaspaid
November27,1998
RARADvoided
the
TCTs
and
EPs
o Ruled
thatthelandwasnotdevotedtoriceandcorn
tenancyrelationswasnotestablishedwhenPDNo.27tookeffect
Petitioners
filedwith
RARAD
aMotion
for
Reconsideration
o denied
FACTS
8/11/2019 000TOPIC 8 Land Redistribution
67/72
ESTRIBILLOETAL.VS.DAR&HACIENDAMARIA,INC.
G.R.No.159674June30,2006
AppealedtoDepartmentofAgrarianReformAdjudicationBoard(DARAB)
o ClaimingthattheEPshavebecomeindefeasibleupontheexpirationof
oneyearfromthedateofitsissuance.
o RARADdecision
was
upheld
o RuledthattheEP
isatitleissuedthroughtheagrarianreformprogramofthe
government.Itsissuance,correctionandcancellationisgovernedby
therulesandregulationissuedbytheSecretaryoftheDepartment
ofAgrarian
Reform
(DAR).
Hence,
it
is
not
the
same
as
or
in
the
same
categoryofaTorrenstitle.
Motionforreconsideration
o Denied
CourtofAppeals
Petitionfor
Review
on
Certiorari
o Dismissed
FACTS
8/11/2019 000TOPIC 8 Land Redistribution
68/72
ESTRIBILLOETAL.VS.DAR&HACIENDAMARIA,INC.
G.R.No.159674June30,2006
MotionforReconsideration
o Denied
Petitioners
SupremeCourt
o PetitionforReviewonCertiorari
o ReviewandreversaloftheCAresolutions
Contention
o EPsareordinarytitles
o becomeindefeasible
one
year
after
registration
ISSUE
8/11/2019 000TOPIC 8 Land Redistribution
69/72
ESTRIBILLOETAL.VS.DAR&HACIENDAMARIA,INC.
G.R.No.159674June30,2006
WhetherornottheEPsandthecorrespondingTCTsissuedtopetitionersorto
theirsuccessorsininterestareVALIDandSUBSISTING.
DECISION
8/11/2019 000TOPIC 8 Land Redistribution
70/72
ESTRIBILLOETAL.VS.DAR&HACIENDAMARIA,INC.
G.R.No.159674June30,2006
TheSupremeCourtdecidedinfavorofthepetitioners
Ybaez v.IntermediateAppellateCourt
o acertificateoftitleissuedunderanadministrativeproceedingpursuant
toahomestead
patent
is
as
indefeasible
as
acertificate
of
title
issued
underajudicialregistrationproceeding,providedthelandcoveredbysaid
certificateisadisposablepubliclandwithinthecontemplationofthe
PublicLandLaw.
DECISION
8/11/2019 000TOPIC 8 Land Redistribution
71/72
ESTRIBILLOETAL.VS.DAR&HACIENDAMARIA,INC.
G.R.No.159674June30,2006
Lahora v.Dayanghirang,Jr
o wherelandisgrantedbygovernmenttoprivateindividuals,the
correspondingpatenttherefor isrecorded,andcertificateoftitleisissued
tograntee;
thereafter,
the
land
is
automatically
brought
within
the
operationoftheLandRegistrationAct,thetitleissuedtothegrantee
becomingentitledtoallthesafeguardsprovidedinSection38ofthesaid
Act.Inotherwords,uponexpirationofoneyearfromitsissuance,the
certificateoftitleshallbecomeirrevocableandindefeasiblelikea
certificateissued
in
aregistration
proceeding.
DECISION
8/11/2019 000TOPIC 8 Land Redistribution
72/72
ESTRIBILLOETAL.VS.DAR&HACIENDAMARIA,INC.
G.R.No.159674June30,2006
Ifthetitletothelandgrantinfavorofthehomesteaderwouldbesubjected
toinquiry,contestanddecisionafterithasbeengivenbytheGovernment
throughtheprocessofproceedingsinaccordancewiththePublicLandLaw,
therewould
arise
uncertainty,
confusion
and
suspicion
on
the
governments
systemofdistributingpublicagriculturallandspursuanttothe"Landforthe
Landless"policyoftheState.
TheEPsthemselves,liketheCertificateofLandOwnershipAward(CLOAs),
areenrolledintheTorrenssystemofregistration.SuchEPsandCLOAsare
entitledto
be
as
indefeasible
as
certificates
of
title
issued
in
registration
proceeding.