LAND

REDISTRIBUTION
Sections 22, 23, 24, 25, 26, and 27, plus case
LAND
REDISTRIBUTION
Sections 22, 23, 24, 25, 26, and 27, plus case
Bilgera, Mike
Canua, Erli
Deona, Renz
Elauria, Lots
Definition of Terms Definition of Terms
Landless Resident
A farmer or tiller who owns less than three (3)
hectares of land.
Section 22 Qualified Beneficiaries Section 22 Qualified Beneficiaries
Provision
Section 22. Qualified Beneficiaries. The lands covered
by the CARP shall be distributed as much as possible to
landless residents of the same barangay, or in the absence
thereof, landless residents of the same municipality in the
following order of priority:
(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.
Section 22 Qualified Beneficiaries Section 22 Qualified Beneficiaries
Provision
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
Section 22 Qualified Beneficiaries Section 22 Qualified Beneficiaries
Provision
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. 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 distribution
under this Act, at the option of the beneficiaries.
Section 22 Qualified Beneficiaries Section 22 Qualified Beneficiaries
Provision
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.
Section 22 Qualified Beneficiaries Section 22 Qualified Beneficiaries
Priority of Distribution
As much as possible: to landless residents of the same
barangay
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 above
beneficiaries; and
(g) others directly working on the land.
Section 22 Qualified Beneficiaries Section 22 Qualified Beneficiaries
Conditions
Provided, 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.
Section 22 Qualified Beneficiaries Section 22 Qualified Beneficiaries
Priority of Distribution
Childrenof
landowner
Landless
residentsofthe
samebarangay
Landless
residentsofthe
samemunicipality
Ifabsent
(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.
Orderofpriority
Section 22 Qualified Beneficiaries Section 22 Qualified Beneficiaries
Qualifications of Beneficiary
Basic 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)
Section 22 Qualified Beneficiaries Section 22 Qualified Beneficiaries
Special 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 beneficiaries
Farm 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.
Section 22 Qualified Beneficiaries Section 22 Qualified Beneficiaries
DAR 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.
Section 22 Qualified Beneficiaries Section 22 Qualified Beneficiaries
Further 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 of
the 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.
Section 22 Qualified Beneficiaries Section 22 Qualified Beneficiaries
Disqualified 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)
Section 22 Qualified Beneficiaries Section 22 Qualified Beneficiaries
Disqualified 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;
Section 22 Qualified Beneficiaries Section 22 Qualified Beneficiaries
Disqualified 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;
Section 22 Qualified Beneficiaries Section 22 Qualified Beneficiaries
Disqualified 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 facts
in 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;
Section 22 Qualified Beneficiaries Section 22 Qualified Beneficiaries
Disqualified 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)
Section 22-A Order of Priority Section 22-A Order of Priority
Provision
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 these
beneficiaries 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)
Section 22-A Order of Priority Section 22-A Order of Priority
Order of Distribution
Children of the landowner enjoy first
preference: 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.
Section 22-A Order of Priority Section 22-A Order of Priority
Order of Distribution
After the previous beneficiaries, the following
shall 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 above
beneficiaries; and
(e) others directly working on the land.
Section 23 Distribution Limit Section 23 Distribution Limit
Provision
Section 23. Distribution Limit. No qualified
beneficiary may own more than three (3) hectares of
agricultural land.
Section 23 Distribution Limit Section 23 Distribution Limit
Maximum 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.
Section 23 Distribution Limit Section 23 Distribution Limit
Maximum 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.
Section 23 Distribution Limit Section 23 Distribution Limit
Maximum 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.
Section 23 Distribution Limit Section 23 Distribution Limit
Maximum 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 of
members or co-owners multiplied by the 3-hectare
limit.
Area = Number of members x 3
Section 23 Distribution Limit Section 23 Distribution Limit
Factors to be considered in
determining the size of land to be
awarded
(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)
SECTION 24 AWARD
TO BENEFICIARIES
BENEFICIARIES
The rights and responsibilities of the beneficiaries
shall commence from their receipt of a duly registered
emancipation patent of certificate of land ownership award
and their actual physical possession of the awarded land.
Such award shall be completed in not more than one
hundred eighty (180) days from the date of registration of
the title in the name of the Republic of the Philippines;
Provided, that the emancipation patents, the certificates of
land owndership award, and other titles issued under any
agrarian reform program shall be 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 of this Act, the
award being titles brought under the operation of the
Torrens system, are conferred with the same indefeasibility
and security afforded to all titles under the said system, as
provided for by Presidential Decree No. 1529, as amended
by Republic Act No 6732 -
SECTION 24 AWARD TO
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 have
usufructuary 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 AWARD TO
BENEFICIARIES
All cases involving the cancellation of registered
emancipation patents, certificates of land
ownership award, and other titles issued under
any agrarian reform program are within the
exclusive and original jurisdiction of the
Secretary of DARL.
SECTION 24 AWARD TO
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 full
payment 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
SECTION 24 AWARD TO
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 the
agrarian 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 under
Comprehensive Agrarian Reform Law, the Property
Registration Decree, and other pertinent laws.
SECTION 24 AWARD TO
BENEFICIARIES
Cancellation of CLOAs
- All cases involving the cancellation of
CLOAs, 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
SECTION 24 AWARD TO
BENEFICIARIES
Grounds for cancellation of
CLOAs
a) Abandonment of the land;
b) Neglect or misuse of land
c) Failure to pay three (3) annual
ammortizations;
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
SECTION 24 AWARD TO
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 the
Department of Agrarian Reform, has taken possession
SECTION 24 AWARD TO
BENEFICIARIES
Obligations of Agrarian Reform
Beneficiaries:
(a) Exercise due diligence in the use, cultivation,
and maintenance of the land, including
improvements thereon, and
(b) Pay the Land Bank thirty (30) annual
amortizations with 6% interest per annum
The amortization will start one (1) year from
the date of registration of the CLOA, the 10year
period shall be reckoned from constructive
occupation of the land by the beneficiary
SECTION 25 AWARD
CEILINGS FOR
BENEFICIARIES
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 patterns
and 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. -
SECTION 25 AWARD CEILING FOR
BENEFICIARIES
Whenever appropriate, the DAR shall encourage the
agrarian reform beneficiaries to form or join farmers
cooperatives 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 joining
other 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. -
SECTION 25 AWARD CEILING
FOR BENEFICIARIES
In general, 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.
The beneficiaries may opt for collective ownership,
such as co-workers or farmers cooperative or some other
form of collective ownership titles: Provided, that the
total area that may be awarded shall not exceed the total
number of co-owners or members of the cooperative or
collective organization multiplied by the award limit
above prescribed, except in meritorious cases as
determined by the PARC. -
SECTION 25 AWARD CEILING
FOR BENEFICIARIES
The conditions for the issuance of collective titles are
as follows: a) The current farm management system of the
land covered by CARP will not be appropriate for
individual farming of farm parcels; b) 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 similar functions; c)
The potential beneficiaries are currently not farming
individual parcels but collectively work on large
contiguous areas; and d) The farm consists of multiple
crops being farmed in an integrated 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 farmers.
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.
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 the
same certificate of land ownership award.
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 land
ownership 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 Act
and 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.
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.
SECTION 25 AWARD CEILING
FOR BENEFICIARIES
Conditions for issuance of collective titles
1) The farm management system of the land covered is not
appropriate 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 similar
functions;
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 an
integrated 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
f
SECTION 25 AWARD CEILING
FOR BENEFICIARIES
Title must indicate that it is an
EP or CLOA
The title of the land awarded under the
agrarian reform must indicate that it is an
Emancipation Patent (EP) or a Certificate of
Land Ownership Award (CLOA)
The subsequent transfer title must also
indicate that it is an emancipation patent or a
certificate of land ownership award.
Lands pursuant to this Act shall be paid for by the
beneficiaries to the LBP in thirty (30) annual amortizations
at six percent (6%) interest per annum. The annual
amortization shall start one (1) year from the date of the
certificate of land ownership award registration, the
amortization shall start one (1) year from actual occupancy.
The payments for the first three (3) years after the award
shall be at reduced amount as established by the PARC:
Provided, that the first (5) annual payments may not be more
than five percent (5%) of the annual gross production as
established by the DAR. Should the scheduled annual
payments after the fifth (5
th
) year exceed ten percent (10%)
of the annual gross production and the failure to produce
accordingly is not due to the beneficiarys fault, the LBP
shall reduce the interest rate and or/ reduce the principal
obligation to make the repayment affordable.
The LBP shall have a lien by way of mortgage
on the land awarded to the beneficiary; and
this mortgage may be foreclosed by the LBP for
non-payment of an aggregate of three (3)
annual amortizations. The LBP shall advise the
DAR of such proceedings and the latter shall
subsequently award the forfeited landholding
to other qualified beneficiaries. A beneficiary
whose land, as provided herein, has been
foreclosed shall thereafter be permanently
disqualified from becoming a beneficiary under
this act.
Payment of Thirty (30)
Annual Amortizations
with six percent (6%)
interest per annum
Note: Payment Starts One (1) Year from:
A.) Date of registration of the Certificate of Land
Ownership Award (CLOA); or
B.) Date of actual occupancy, if the occupancy took
place after the registration of the CLOA
After the 5
th
year, the interest rate
or the principal obligation may
be reduced by the LBP to make
the repayment affordable:
a.) If due to failure of production
, the scheduled annual payments
exceed 10% of the annual gross
production and
b.) the failure to produce is not
due to the beneficiarys fault.
Note: This is so because the DARs maximum
amortization is 5% of the annual gross
production
If the beneficiary fails
to pay three (3) annual
amortizations, the LBP
can forfeit the
landholding and award
it to other qualified
beneficiaries.
Note: The beneficiary whose land has been forfeited will be
permanently disqualified from becoming a beneficiary
Lands acquired by beneficiaries under this Act or
other agrarian reform laws shall not be sold,
transferred or conveyed except through hereditary
succession, or to the government, or to the LBP, or
to other qualified beneficiaries through the DAR
for a period of ten (10) years: Provided, however,
That the children or the spouse of the transferor
shall have a right to repurchase the land from the
government or LBP within a period of two (2)
years. Due notice of the availability of the land
shall be given by the LBP to the BARC of the
barangay where the land is situated. The
PARCCOM, as herein provided, shall, in turn, be
given due notice thereof by the BARC.
The title of the land awarded under the
agrarian reform must indicate that it is an
emancipation patent or a certificate of land
ownership award and the subsequent transfer
title must also indicate that it is an
emancipation patent or a certificate of land
ownership award.
If the land has not yet been fully paid by the
beneficiary , the rights to the land may be transferred
or conveyed, with prior approval of the DAR, to any
heir of the beneficiary who, as a condition for such
transfer or conveyance, shall cultivate the land
himself/herself. Failing compliance herewith, the land
shall be transferred to the LBP which shall give due
notice of the availability of the land in the manner
specified in the immediately preceding paragraph. In
the event of such transfer to the LBP, the latter shall
compensate the beneficiary in one lump sum for the
amounts the latter has already paid, together with the
value of the improvements he/she has made on the
land.
In the event of such transfer to the LBP, the
latter shall compensate the beneficiary in one
lump sum for the amounts the latter has
already paid, together with the value of the
improvements he/she has made on the land.
Agrarian reform
beneficiaries cannot,
within a period of ten (10)
years, sell or transfer
ownership of the land
awarded to them except
thru:
a.) hereditary succession;
b.) to the Government;
c.) LBP;
d.) other qualified
beneficiaries
If the beneficiary sells or
transfers ownership to
the Govt or LBP, the
children or the spouse
of the transferor can
repurchase the land
within two (2) years
from the date of
transfer.
If the land has not been fully paid by the beneficiary, he
may sell, transfer or convey his rights to the land under
the following conditions:
a.) Approval of DAR
must first be obtained;
b.) The land should be
sold only to an heir of the
beneficiary or to any
other qualified
beneficiary
c.) The transferee must
undertake to cultivate the
land himself, otherwise,
the LBP will take the land
for proper disposition
The LBP will
compensate the
Transferor in one
lump sum of the
amounts he has
already paid
together with the
improvements
made on the land
ESTRIBILLOETAL.VS.DAR&HACIENDAMARIA,INC.
G.R.No.159674June30,2006
ESTRIBILLOETAL.VS.DAR&HACIENDAMARIA,INC.
FACTS
G.R.No.159674June30,2006
Petitioners
recipientsofEmancipationsPatents(EPs)overparcelsoflandsinAgusan del
Sur
Parcelsofland
formerlypartofaforestedarea
acquiredfromRepublicofthePhilippinesin1956
OCTNo.P30771661;coveredthreeparcelsofland
totalareaof527.8308hectares
Petitioners
occupiedandtilledtheseareas
believingthatthesamewerepubliclands
HMI
neverdisturbedpetitionersintheirpeacefulcultivationthereof.
October21,1972
PDNo.27
ESTRIBILLOETAL.VS.DAR&HACIENDAMARIA,INC.
FACTS
G.R.No.159674June30,2006
MandatedthattenantedriceandcornlandsbebroughtunderOperation
LandTransferandawardedtofarmerbeneficiaries
HMI
requestedthatthe527.8308hectaresbeplacedunderthecoverageof
OperationLandTransfer.
allowedpetitionerstocultivate(withcompensation)thelandholdingsso
thatthesamemaybecoveredundersaidlaw
participatedinallrelevantproceedings
signatoryofLandownerandTenantProductionAgreement(LTPA)covering
the527.8308hectares;submittedtoLandBankin1997.
executedin1997aDeedofAssignmentofRightinfavorofpetitioners
Eventually
from1984 1988
correspondingTCTsandEPscoveringtheentire527.8308hectareswere
issuedtopetitioners
ESTRIBILLOETAL.VS.DAR&HACIENDAMARIA,INC.
FACTS
G.R.No.159674June30,2006
December1997
HMIfiledwithRegionalAgrarianReformAdjudicator(RARAD)
17petitionsseekingthedeclarationoferroneouscoverage(cancellation
ofEPs)underPDNo.27of277.5008ofthe527.8308hectares
claimedthatsaidareawasnotdevotedtoeitherriceorcorn
untenanted
nocompensationwaspaid
November27,1998
RARADvoidedtheTCTsandEPs
o Ruled
thatthelandwasnotdevotedtoriceandcorn
tenancyrelationswasnotestablishedwhenPDNo.27tookeffect
Petitioners
filedwithRARADaMotionforReconsideration
o denied
ESTRIBILLOETAL.VS.DAR&HACIENDAMARIA,INC.
FACTS
G.R.No.159674June30,2006
AppealedtoDepartmentofAgrarianReformAdjudicationBoard(DARAB)
o ClaimingthattheEPshavebecomeindefeasibleupontheexpirationof
oneyearfromthedateofitsissuance.
o RARADdecisionwasupheld
o RuledthattheEP
isatitleissuedthroughtheagrarianreformprogramofthe
government.Itsissuance,correctionandcancellationisgovernedby
therulesandregulationissuedbytheSecretaryoftheDepartment
ofAgrarianReform(DAR).Hence,itisnotthesameasorinthesame
categoryofaTorrenstitle.
Motionforreconsideration
o Denied
CourtofAppeals
PetitionforReviewonCertiorari
o Dismissed
ESTRIBILLOETAL.VS.DAR&HACIENDAMARIA,INC.
FACTS
G.R.No.159674June30,2006
MotionforReconsideration
o Denied
Petitioners
SupremeCourt
o PetitionforReviewonCertiorari
o ReviewandreversaloftheCAresolutions
Contention
o EPsareordinarytitles
o becomeindefeasibleoneyearafterregistration
ESTRIBILLOETAL.VS.DAR&HACIENDAMARIA,INC.
ISSUE
G.R.No.159674June30,2006
WhetherornottheEPsandthecorrespondingTCTsissuedtopetitionersorto
theirsuccessorsininterestareVALIDandSUBSISTING.
ESTRIBILLOETAL.VS.DAR&HACIENDAMARIA,INC.
DECISION
G.R.No.159674June30,2006
TheSupremeCourtdecidedinfavorofthepetitioners
Ybaez v.IntermediateAppellateCourt
o acertificateoftitleissuedunderanadministrativeproceedingpursuant
toahomesteadpatentisasindefeasibleasacertificateoftitleissued
underajudicialregistrationproceeding,providedthelandcoveredbysaid
certificateisadisposablepubliclandwithinthecontemplationofthe
PublicLandLaw.
ESTRIBILLOETAL.VS.DAR&HACIENDAMARIA,INC.
DECISION
G.R.No.159674June30,2006
Lahora v.Dayanghirang,Jr
o wherelandisgrantedbygovernmenttoprivateindividuals,the
correspondingpatenttherefor isrecorded,andcertificateoftitleisissued
tograntee;thereafter,thelandisautomaticallybroughtwithinthe
operationoftheLandRegistrationAct,thetitleissuedtothegrantee
becomingentitledtoallthesafeguardsprovidedinSection38ofthesaid
Act.Inotherwords,uponexpirationofoneyearfromitsissuance,the
certificateoftitleshallbecomeirrevocableandindefeasiblelikea
certificateissuedinaregistrationproceeding.
ESTRIBILLOETAL.VS.DAR&HACIENDAMARIA,INC.
DECISION
G.R.No.159674June30,2006
Ifthetitletothelandgrantinfavorofthehomesteaderwouldbesubjected
toinquiry,contestanddecisionafterithasbeengivenbytheGovernment
throughtheprocessofproceedingsinaccordancewiththePublicLandLaw,
therewouldariseuncertainty,confusionandsuspiciononthegovernments
systemofdistributingpublicagriculturallandspursuanttothe"Landforthe
Landless"policyoftheState.
TheEPsthemselves,liketheCertificateofLandOwnershipAward(CLOAs),
areenrolledintheTorrenssystemofregistration.SuchEPsandCLOAsare
entitledtobeasindefeasibleascertificatesoftitleissuedinregistration
proceeding.