000topic 8 land redistribution

8/11/2019 000TOPIC 8 Land Redistribution

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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


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Definition of Terms

Definition of TermsLandless Resident

A farmer or tiller who owns less than three (3)hectares of land.


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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


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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.


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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.


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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.


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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.


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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


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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)


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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.


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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.


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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.


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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)


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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;


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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;


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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;


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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)


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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)


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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.


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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.


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Section 23 Distribution LimitSection 23 Distribution LimitProvision

Section 23. Distribution Limit. No qualifiedbeneficiary may own more than three (3) hectares of

agricultural land.


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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.


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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.


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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.


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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


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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)


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SECTION 24 AWARD

TO BENEFICIARIES


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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-


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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


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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.


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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


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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


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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


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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


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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


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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


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SECTION 25 AWARD

CEILINGS FOR

BENEFICIARIES


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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. -


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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. -


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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. -


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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.


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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


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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


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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


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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


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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.


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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.


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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.


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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


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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


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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


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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.


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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.


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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.


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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.


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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


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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.


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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


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ESTRIBILLOETAL.VS.DAR&HACIENDAMARIA,INC.

G.R.No.159674June30,2006

FACTS


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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


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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


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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


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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


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G.R.No.159674June30,2006

MotionforReconsideration

o Denied

Petitioners

SupremeCourt

o PetitionforReviewonCertiorari

o ReviewandreversaloftheCAresolutions

Contention

o EPsareordinarytitles

o becomeindefeasible

one

year

after

registration

ISSUE


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G.R.No.159674June30,2006

WhetherornottheEPsandthecorrespondingTCTsissuedtopetitionersorto

theirsuccessorsininterestareVALIDandSUBSISTING.

DECISION


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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


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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


72/72


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.

000topic 8 land redistribution

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