Está en la página 1de 139

Republic Act No.

6657 June 10, 1988 The State shall recognize the right of farmers, farmworkers and landowners,
as well as cooperatives and other independent farmers' organizations, to
AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN REFORM PROGRAM participate in the planning, organization, and management of the program,
TO PROMOTE SOCIAL JUSTICE AND INDUSTRIALIZATION, PROVIDING THE and shall provide support to agriculture through appropriate technology and
MECHANISM FOR ITS IMPLEMENTATION, AND FOR OTHER PURPOSES research, and adequate financial production, marketing and other support
services.
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:: The State shall apply the principles of agrarian reform, or stewardship,
whenever applicable, in accordance with law, in the disposition or utilization
CHAPTER I of other natural resources, including lands of the public domain, under lease
Preliminary Chapter or concession, suitable to agriculture, subject to prior rights, homestead
rights of small settlers and the rights of indigenous communities to their
ancestral lands.
Section 1. Title. — This Act shall be known as the Comprehensive Agrarian
Reform Law of 1988.
The State may resettle landless farmers and farmworkers in its own
agricultural estates, which shall be distributed to them in the manner
Section 2. Declaration of Principles and Policies. — It is the policy of the State provided by law.
to pursue a Comprehensive Agrarian Reform Program (CARP). The welfare of
the landless farmers and farmworkers will receive the highest consideration
to promote social justice and to move the nation toward sound rural By means of appropriate incentives, the State shall encourage the formation
development and industrialization, and the establishment of owner and maintenance of economic-size family farms to be constituted by
cultivatorship of economic-size farms as the basis of Philippine agriculture. individual beneficiaries and small landowners.

To this end, a more equitable distribution and ownership of land, with due The State shall protect the rights of subsistence fishermen, especially of local
regard to the rights of landowners to just compensation and to the ecological communities, to the preferential use of communal marine and fishing
needs of the nation, shall be undertaken to provide farmers and farmworkers resources, both inland and offshore.t shall provide support to such fishermen
with the opportunity to enhance their dignity and improve the quality of through appropriate technology and research, adequate financial, production
their lives through greater productivity of agricultural lands. and marketing assistance and other services. The State shall also protect,
develop and conserve such resources. The protection shall extend to offshore
fishing grounds of subsistence fishermen against foreign intrusion.
The agrarian reform program is founded on the right of farmers and regular Fishworkers shall receive a just share from their labor in the utilization of
farmworkers, who are landless, to own directly or collectively the lands they marine and fishing resources.
till or, in the case of other farm workers, to receive a just share of the fruits
thereof. To this end, the State shall encourage and undertake the just
distribution of all agricultural lands, subject to the priorities and retention The State shall be guided by the principles that land has a social function and
limits set forth in this Act, having taken into account ecological, land ownership has a social responsibility. Owners of agricultural lands have
developmental, and equity considerations, and subject to the payment of just the obligation to cultivate directly or through labor administration the lands
compensation. The State shall respect the right of small landowners, and shall they own and thereby make the land productive.
provide incentives for voluntary land-sharing.

The State shall provide incentives to landowners to invest the proceeds of the otherwise, over lands devoted to agriculture, including disputes
agrarian reform program to promote industrialization, employment and concerning farmworkers' associations or representation of persons
privatization of public sector enterprises. Financial instruments used as in negotiating, fixing, maintaining, changing, or seeking to arrange
payment for lands shall contain features that shall enhance negotiability and terms or conditions of such tenurial arrangements.
acceptability in the marketplace.
It includes any controversy relating to compensation of lands
The State may lease undeveloped lands of the public domain to qualified acquired under this Act and other terms and conditions of transfer of
entities for the development of capital-intensive farms, and traditional and ownership from landowners to farmworkers, tenants and other
pioneering crops especially those for exports subject to the prior rights of the agrarian reform beneficiaries, whether the disputants stand in the
beneficiaries under this Act. proximate relation of farm operator and beneficiary, landowner and
tenant, or lessor and lessee.
Section 3. Definitions. — For the purpose of this Act, unless the context
indicates otherwise: (e) Idle or Abandoned Land refers to any agricultural land not
cultivated, tilled or developed to produce any crop nor devoted to
(a) Agrarian Reform means redistribution of lands, regardless of any specific economic purpose continuously for a period of three (3)
crops or fruits produced, to farmers and regular farmworkers who years immediately prior to the receipt of notice of acquisition by the
are landless, irrespective of tenurial arrangement, to include the government as provided under this Act, but does not include land
totality of factors and support services designed to lift the economic that has become permanently or regularly devoted to non-
status of the beneficiaries and all other arrangements alternative to agricultural purposes.t does not include land which has become
the physical redistribution of lands, such as production or profit- unproductive by reason of force majeure or any other fortuitous
sharing, labor administration, and the distribution of shares of event, provided that prior to such event, such land was previously
stocks, which will allow beneficiaries to receive a just share of the used for agricultural or other economic purpose.
fruits of the lands they work.
(f) Farmer refers to a natural person whose primary livelihood is
(b) Agriculture, Agricultural Enterprise or Agricultural Activity cultivation of land or the production of agricultural crops, either by
means the cultivation of the soil, planting of crops, growing of fruit himself, or primarily with the assistance of his immediate farm
trees, raising of livestock, poultry or fish, including the harvesting of household, whether the land is owned by him, or by another person
such farm products, and other farm activities and practices under a leasehold or share tenancy agreement or arrangement with
performed by a farmer in conjunction with such farming operations the owner thereof.
done by person whether natural or juridical.
(g) Farmworker is a natural person who renders service for value as
(c) Agricultural Land refers to land devoted to agricultural activity as an employee or laborer in an agricultural enterprise or farm
defined in this Act and not classified as mineral, forest, residential, regardless of whether his compensation is paid on a daily, weekly,
commercial or industrial land. monthly or "pakyaw" basis. The term includes an individual whose
work has ceased as a consequence of, or in connection with, a
(d) Agrarian Dispute refers to any controversy relating to tenurial pending agrarian dispute and who has not obtained a substantially
arrangements, whether leasehold, tenancy, stewardship or equivalent and regular farm employment.

(h) Regular Farmworker is a natural person who is employed on a (b) All lands of the public domain in excess of the specific limits as
permanent basis by an agricultural enterprise or farm. determined by Congress in the preceding paragraph;

(i) Seasonal Farmworker is a natural person who is employed on a (c) All other lands owned by the Government devoted to or suitable
recurrent, periodic or intermittent basis by an agricultural for agriculture; and
enterprise or farm, whether as a permanent or a non-permanent
laborer, such as "dumaan", "sacada", and the like. (d) All private lands devoted to or suitable for agriculture regardless
of the agricultural products raised or that can be raised thereon.
(j) Other Farmworker is a farmworker who does not fall under
paragraphs (g), (h) and (i). Section 5. Schedule of Implementation. — The distribution of all lands covered
by this Act shall be implemented immediately and completed within ten (10)
(k) Cooperatives shall refer to organizations composed primarily of years from the effectivity thereof.
small agricultural producers, farmers, farmworkers, or other
agrarian reform beneficiaries who voluntarily organize themselves Section 6. Retention Limits. — Except as otherwise provided in this Act, no
for the purpose of pooling land, human, technological, financial or person may own or retain, directly or indirectly, any public or private
other economic resources, and operated on the principle of one agricultural land, the size of which shall vary according to factors governing a
member, one vote. A juridical person may be a member of a viable family-size farm, such as commodity produced, terrain, infrastructure,
cooperative, with the same rights and duties as a natural person. and soil fertility as determined by the Presidential Agrarian Reform Council
(PARC) created hereunder, but in no case shall retention by the landowner
CHAPTER II exceed five (5) hectares. Three (3) hectares may be awarded to each child of
Coverage the landowner, subject to the following qualifications: (1) that he is at least
fifteen (15) years of age; and (2) that he is actually tilling the land or directly
Section 4. Scope. — The Comprehensive Agrarian Reform Law of 1989 shall managing the farm: provided, that landowners whose lands have been
cover, regardless of tenurial arrangement and commodity produced, all covered by Presidential Decree No. 27 shall be allowed to keep the areas
public and private agricultural lands, as provided in Proclamation No. 131 originally retained by them thereunder: provided, further, that original
and Executive Order No. 229, including other lands of the public domain homestead grantees or their direct compulsory heirs who still own the
suitable for agriculture. original homestead at the time of the approval of this Act shall retain the
same areas as long as they continue to cultivate said homestead.
More specifically the following lands are covered by the Comprehensive
Agrarian Reform Program: The right to choose the area to be retained, which shall be compact or
contiguous, shall pertain to the landowner: provided, however, that in case
(a) All alienable and disposable lands of the public domain devoted the area selected for retention by the landowner is tenanted, the tenant shall
to or suitable for agriculture. No reclassification of forest or mineral have the option to choose whether to remain therein or be a beneficiary in
lands to agricultural lands shall be undertaken after the approval of the same or another agricultural land with similar or comparable features.n
this Act until Congress, taking into account ecological, developmental case the tenant chooses to remain in the retained area, he shall be considered
and equity considerations, shall have determined by law, the specific a leaseholder and shall lose his right to be a beneficiary under this Act.n case
limits of the public domain. the tenant chooses to be a beneficiary in another agricultural land, he loses

to implement coordination with the Presidential Agrarian Reform Council (PARC) shall principally the right of farmers and regular farmworkers who are plan and program the acquisition and distribution of all agricultural lands landless. with the implementation to be completed within a period of not more than four (4) In all cases. through a period of ten (10) years from the effectivity of this Act. to own directly or collectively the lands they till. (b) Landholdings from the retention limit up to twenty-four (24) hectares. any sale. may declare certain provinces or region as priority land reform areas. insofar as the excess hectarage is concerned. that those executed prior to this Act shall be valid only when registered with (a) Landholdings above twenty-four (24) hectares up to fifty (50) the Register of Deeds within a period of three (3) months after the effectivity hectares. the need to distribute land to the tillers at the earliest institutions. which shall landowner manifests his choice of the area for retention. already cultivated and planted to crops in accordance with Section 6. landholdings and proceeding to medium and small landholdings under the contract or transfer of possession of private lands executed by the original following schedule: landowner in violation of the Act shall be null and void: provided. lease. Lands shall be acquired and distributed as follows: The schedule of acquisition and redistribution of all agricultural lands covered by this program shall be made in accordance with the above order of Phase One: Rice and corn lands under Presidential Decree No. all Registers of Deeds shall inform the Department of Act and to be completed within three (3) years. to own directly or collectively the lands they till. disposition. in which the acquisition and Phase Two: All alienable and disposable public agricultural lands. The tenant implement principally the rights of farmers and regular farmworkers. excess of fifty (50) hectares. who must exercise this option within a period of one (1) year from the time the are the landless. pasture and agricultural leases of the above schedules. all arable distribution of private agricultural lands therein may be implemented ahead public agricultural lands under agro-forest. the PARC. prior to the approval of this Act shall be respected. all private lands voluntarily offered by the owners for the Presidential Agrarian Reform Council (PARC). all lands acquired by the Presidential Commission on Good practicable time. management. to begin on the fourth (4th) year from the effectivity of this of this Act. Priorities. Reform Coordinating Committee (PARCCOM). all public agricultural lands which are to be opened In effecting the transfer within these guidelines. Phase Three: All other private agricultural lands commencing with large Upon the effectivity of this Act. 27. be distributed immediately upon the effectivity of this Act.his right as a leaseholder to the land retained by the landowner. to or suitable for agriculture. which shall be provided in the implementing rules to be prepared by abandoned lands. and all other lands owned by the government devoted availability of funds and resources to implement and support the program. which shall be acquired and distributed immediately upon the effectivity of this Act. to begin on the sixth (6th) year from the effectivity of this Section 7. Article XIII of the Constitution. and Agrarian Reform (DAR) within thirty (30) days of any transaction involving agricultural lands in excess of five (5) hectares. with the implementation to be In any case. and the Government (PCGG). all lands foreclosed by the government financial the following. upon recommendation by the Provincial Agrarian completed within a period of not more than four (4) years. all idle or priority. Thereafter. priority must be given to for new development and resettlement. however. the need to enhance agricultural productivity. taking into consideration agrarian reform. the security of tenure of the farmers or farmworkers on the land years. to . and all private agricultural lands in lands that are tenanted. — The Department of Agrarian Reform (DAR) in Act and to be completed within four (4) years.

grower or service contract in effect as of Lands covered by the paragraph immediately preceding. association or such other proper party. operated by multinational corporations and associations.n case it is not economically feasible and sound to divide the amended to conform with the limits set forth in Section 3 of Article land. but not later than after ten (10) years following the effectivity of the follows: Act. held or possessed by multinational corporations or associations. 1992. Section 8. 1987. the government shall take steps to acquire these lands for immediate distribution thereafter. immediate compulsory acquisition and distribution upon the expiration of the applicable lease. However during the said period of effectivity. management. on the one hand. shall be subject to (3) years. which transfer shall be immediately commenced and beneficiaries. and the like.The PARC shall establish guidelines to implement the above priorities and implemented and completed within the period of three (3) years distribution scheme.000 hectares in the other legitimate purposes. 1992. or otherwise. existing and operational agri-business or agro-industrial enterprises. or in which they may have a vested right. leased In general. including the determination of who are qualified mentioned in the first paragraph hereof. shall be allowed to continue under their business association or any other proper party. when all lands subject hectares. under lease. held or possessed by multinational corporations. grower or service contracts covering such lands covering an aggregate area in excess of 1. shall be disposed of as sooner.n no case shall government agency. grower or service contracts. hereof shall have been distributed completely to qualified beneficiaries or awardees. that an owner-tiller may be a beneficiary of the land he does not own but is actually cultivating to the extent of the difference (c) In no case will such leases and other agreements now being between the area of the land he owns and the award ceiling of three (3) implemented extend beyond August 29. after which. whichever comes management. (a) Lease. associations. Multinational Corporations. devoted to said enterprises. beneficiaries: provided. and 500 hectares. then they shall form a workers' cooperative or association which will XII of the Constitution. citizens of the Philippines. August 29. — All lands of the public domain leased. upon its valid termination. . associations. at the time this Act becomes effective. institutions. whichever comes sooner. effectivity of this Act. deal with the corporation or business association or any other proper party for the purpose of entering into a lease or growers agreement and for all (b) Contracts covering areas not in excess of 1. business. on the other. or entities. with the implementation to be completed within three institutions and entities. and controlled corporations. any agreement existing at the original terms and conditions but not beyond August 29. shall be Lands leased. and Such agreements can continue thereafter only under a new contract between other lands owned by the government or by government-owned or the government or qualified beneficiaries or awardees. lands shall be distributed directly to the individual worker- or held by foreign individuals in excess of 500 hectares are deemed beneficiaries. owned by programmed for acquisition and distribution immediately upon the private individuals and private non-governmental corporations. such shall be respected by both the workers' cooperative or association and the agreements shall continue only when confirmed by the appropriate corporation.000 hectares. in the between the workers' cooperative or association and the corporation or case of such individuals. Such contracts shall likewise continue even the implementation or application of this Act justify or result in the reduction after the lands has been transferred to beneficiaries or awardees of status or diminution of any benefits received or enjoyed by the worker- thereof. or time this Act takes effect between the former and the previous landowner their valid termination. Until a new agreement is entered into by and case of such corporations and associations. management.

The right of these communities to their ancestral lands shall be protected to ensure their economic. the systems of land If the DAR determines that the purposes for which this deferment is granted ownership. the government shall initiate the steps necessary to acquire these and its members: provided. Determination of Lease Rentals. In no case shall a foreign corporation. except those already developed shall willingness and commitment and good-faith efforts to impart voluntarily be exempt from the coverage of the Act. directly and under the retention limit and lands not yet acquired under this Act. Section 11. Enterprises which show a eighteen percent (18%) slope and over. tenant or lessee. . orchards.n the case of new Section 9. the respective legislatures may enact their own laws on ancestral Improvement of Tenurial and Labor Relations domain subject to the provisions of the Constitution and the principles enunciated in this Act and other national laws. plantations. the ten-year period shall begin from the first year of commercial indigenous cultural community shall include. church sites and convents appurtenant thereto. upon payment of just compensation for the land and the improvements thereon. seeds and seedlings research and pilot production order to improve progressively the conditions of the farmer. such advanced technology will be given preferential treatment where feasible. penal colonies and penal farms actually worked by the inmates. and the modes of settling land disputes of all these no longer exist. Ancestral Lands. but not be limited to. such areas shall automatically be subject to redistribution. — For purposes of this Act. Commercial Farming. association. — Commercial farms. continuous and open possession and occupation of the community period. social and cultural well-being. communal burial grounds and cemeteries.The provisions of Section 32 of this Act. any rights or privileges better than those enjoyed by a domestic corporation. with regard to production and centers. vegetable and cut-flower farms. the new owners shall be assisted in their efforts government and private research and quarantine centers and all lands with to learn modern technology in production. which are private agricultural lands devoted to commercial livestock. — Lands actually. or different regions in educational purposes. 3844. wildlife. is mandated to determine and fix immediately the lease rentals thereof in reforestation. national defense. school sites and campuses including that the DAR shall immediately and periodically review and adjust the rental experimental farm stations operated by public or private schools for structure for different crops. fruit farms. including rice and corn. lands in production and operation. and accordance with Section 34 of Republic Act No. with regard to production-and Any provision of law to the contrary notwithstanding. that in the autonomous CHAPTER III regions. as determined by the DAR. shall be subject to immediate compulsory acquisition and distribution after (10) years from the effectivity of the Act. as amended: provided. shall apply to commercial farms. which shall hereafter manage the said lands for the worker-beneficiaries. ancestral lands of each farms. the implementation of this Act with respect to ancestral lands for the purpose of identifying and delineating such lands: provided. poultry and swine raising. Exemptions and Exclusions. — In order to protect and improve the tenurial and economic status of the farmers in tenanted lands Section 10. Section 12. mosque sites and income-sharing shall apply to farms operated by multinational corporations. entity or individual. entity or individual enjoy and aquaculture including saltbeds. The provisions of Section 32 of the Act.n line with the principles of self-determination and autonomy. During the ten-year the actual. mangroves. forest reserves. coffee and rubber association. lands. During the transition period. and cacao. communities must be recognized and respected. preferably in favor of organized cooperatives or associations. that the Torrens Systems shall be respected. fishponds and prawn ponds. watersheds. land use. the DAR exclusively used and found to be necessary for parks. fish sanctuaries and breeding grounds. Islamic centers appurtenant thereto. the PARC may suspend income-sharing.

CHAPTER IV (b) owners or administrators of the lands they work on and the Registration length of tenurial relationship. natural or juridical. shall file a sworn statement in (e) their share in the harvest or amount of rental paid or wages the proper assessor's office in the form to be prescribed by the DAR. lease. nor shall the enterprise and its employee. 1987. stating received. subsisting as of June 1. CHAPTER V (c) the names of all tenants and farmworkers therein. under city or provincial assessor. Section 15. and registered pursuant to Executive Order No. Registration of Beneficiaries. shall such as salaries. Procedure for Acquisition of Private Lands. years. — Within one hundred eighty (180) (c) location and area of the land they work. and management contract or other similar arrangement and any farm covered by Sections 8 and 11 hereof is hereby mandated to execute within ninety (90) (f) the latest declared market value of the land as determined by the days from the effectivity of this Act. the following information: A copy of the registry or list of all potential CARP beneficiaries in the (a) the description and area of the property. guidelines prescribed by the appropriate government agency. Registration of Landowners. 229. tenants and farmworkers who are qualified to employee-beneficiaries under existing laws. except those who have already (d) crops planted. Section 14. including government entities. These potential beneficiaries with the assistance practice by the enterprise. that own or claim to own agricultural lands. Land Acquisition (d) the crops planted in the property and the area covered by each Section 16. a production-sharing plan. — For purposes of crop as of June 1. barangay shall be posted in the barangay hall. bonuses. of the BARC and the DAR shall provide the following data: beneficiaries be prevented from entering into any agreement with terms more favorable to the latter. — Any enterprise adopting the scheme (e) the terms of mortgages. Production-Sharing Plan.Section 13. whether in their names or in the name of others. lease. leaves and working conditions granted to the register all agricultural lessees. the following procedures shall be followed: . all persons. (a) names and members of their immediate farm household. 1987. who shall be entitled to such incentives as may be provided for the PARC. — The DAR in coordination with the Nothing herein shall be construed to sanction the diminution of any benefits Barangay Agrarian Reform Committee (BARC) as organized in this Act. school or other public buildings in the barangay where it shall be open to inspection by the public at (b) the average gross income from the property for at least three (3) all reasonable hours. acquisition of private lands. and voluntary be beneficiaries of the CARP. agreements. days from the effectivity of this Act. and management contracts provided for in Section 32 or operating under a production venture.

(a) After having identified the land, the landowners and the shall thereafter proceed with the redistribution of the land to the
beneficiaries, the DAR shall send its notice to acquire the land to the qualified beneficiaries.
owners thereof, by personal delivery or registered mail, and post the
same in a conspicuous place in the municipal building and barangay (f) Any party who disagrees with the decision may bring the matter
hall of the place where the property is located. Said notice shall to the court of proper jurisdiction for final determination of just
contain the offer of the DAR to pay a corresponding value in compensation.
accordance with the valuation set forth in Sections 17, 18, and other
pertinent provisions hereof. CHAPTER VI
Compensation
(b) Within thirty (30) days from the date of receipt of written notice
by personal delivery or registered mail, the landowner, his Section 17. Determination of Just Compensation. — In determining just
administrator or representative shall inform the DAR of his compensation, the cost of acquisition of the land, the current value of the like
acceptance or rejection of the offer. properties, its nature, actual use and income, the sworn valuation by the
owner, the tax declarations, and the assessment made by government
(c) If the landowner accepts the offer of the DAR, the Land Bank of assessors shall be considered. The social and economic benefits contributed
the Philippines (LBP) shall pay the landowner the purchase price of by the farmers and the farmworkers and by the Government to the property
the land within thirty (30) days after he executes and delivers a deed as well as the non-payment of taxes or loans secured from any government
of transfer in favor of the government and surrenders the Certificate financing institution on the said land shall be considered as additional factors
of Title and other muniments of title. to determine its valuation.

(d) In case of rejection or failure to reply, the DAR shall conduct Section 18. Valuation and Mode of Compensation. — The LBP shall
summary administrative proceedings to determine the compensate the landowner in such amounts as may be agreed upon by the
compensation for the land requiring the landowner, the LBP and landowner and the DAR and the LBP, in accordance with the criteria provided
other interested parties to submit evidence as to the just for in Sections 16 and 17, and other pertinent provisions hereof, or as may be
compensation for the land, within fifteen (15) days from the receipt finally determined by the court, as the just compensation for the land.
of the notice. After the expiration of the above period, the matter is
deemed submitted for decision. The DAR shall decide the case within The compensation shall be paid on one of the following modes, at the option
thirty (30) days after it is submitted for decision. of the landowner:

(e) Upon receipt by the landowner of the corresponding payment or, (1) Cash payment, under the following terms and conditions;
in case of rejection or no response from the landowner, upon the
deposit with an accessible bank designated by the DAR of the
compensation in cash or in LBP bonds in accordance with this Act, (a) For lands above fifty (50) hectares, — Twenty-five percent (25%
the DAR shall take immediate possession of the land and shall insofar as the excess hectarage is balance to be paid in gove
request the proper Register of Deeds to issue a Transfer Certificate of concerned. financial instruments neg
Title (TCT) in the name of the Republic of the Philippines. The DAR time.

(ii) Acquisition of shares of stock of government-
(b) For lands above twenty-four (24) — Thirty percent (30%) cash, the balance to
owned or -controlled corporations or shares of
hectares and up to fifty (50) hectares. be paid in government financial
stocks owned by the government in private
instruments negotiable at any time.
corporations;
(c) For lands twenty-four (24) hectares — Thirty-five percent (35%) cash, the
and below. balance to be paid in government (iii) Substitution for surety or bail bonds for the
financial instruments negotiable at any provisional release of accused persons, or
time. performance bonds;

(iv) Security for loans with any government
(2) Shares of stock in government-owned or controlled corporations, financial institution, provided the proceeds of the
LBP preferred shares, physical assets or other qualified investments loans shall be invested in an economic enterprise,
in accordance with guidelines set by the PARC; preferably in a small-and medium-scale industry, in
the same province or region as the land for which
(3) Tax credits which can be used against any tax liability; the bonds are paid;

(4) LBP bonds, which shall have the following features: (v) Payment for various taxes and fees to
government; provided, that the use of these bonds
(a) Market interest rates aligned with 91-day treasury bill for these purposes will be limited to a certain
rates. Ten percent (10%) of the face value of the bonds shall percentage of the outstanding balance of the
mature every year from the date of issuance until the tenth financial instruments: provided, further, that the
(10th) year: provided, that should the landowner choose to PARC shall determine the percentage mentioned
forego the cash portion, whether in full or in part, he shall be above;
paid correspondingly in LBP bonds;
(vi) Payment for tuition fees of the immediate
(b) Transferability and negotiability. Such LBP bonds may family of the original bondholder in government
be used by the landowner, his successors in interest or his universities, colleges, trade schools, and other
assigns, up to the amount of their face value, for any of the institutions;
following:
(vii) Payment for fees of the immediate family of the
(i) Acquisition of land or other real properties of the original bondholder in government hospitals; and
government, including assets under the Asset
Privatization Program and other assets foreclosed (viii) Such other uses as the PARC may from time to
by government financial institutions in the same time allow.
province or region where the lands for which the
bonds were paid are situated; In case of extraordinary inflation, the PARC shall take appropriate measures
to protect the economy.

Section 19. Incentives for Voluntary Offers for Sales. — Landowners, other CHAPTER VII
than banks and other financial institutions, who voluntarily offer their lands Land Redistribution
for sale shall be entitled to an additional five percent (5%) cash payment.
Section 22. Qualified Beneficiaries. — The lands covered by the CARP shall be
Section 20. Voluntary Land Transfer. — Landowners of agricultural lands distributed as much as possible to landless residents of the same barangay, or
subject to acquisition under this Act may enter into a voluntary arrangement in the absence thereof, landless residents of the same municipality in the
for direct transfer of their lands to qualified beneficiaries subject to the following order of priority:
following guidelines:
(a) agricultural lessees and share tenants;
(a) All notices for voluntary land transfer must be submitted to the
DAR within the first year of the implementation of the CARP. (b) regular farmworkers;
Negotiations between the landowners and qualified beneficiaries
covering any voluntary land transfer which remain unresolved after (c) seasonal farmworkers;
one (1) year shall not be recognized and such land shall instead be
acquired by the government and transferred pursuant to this Act.
(d) other farmworkers;
(b) The terms and conditions of such transfer shall not be less
favorable to the transferee than those of the government's standing (e) actual tillers or occupants of public lands;
offer to purchase from the landowner and to resell to the
beneficiaries, if such offers have been made and are fully known to (f) collectives or cooperatives of the above beneficiaries; and
both parties.
(g) others directly working on the land.
(c) The voluntary agreement shall include sanctions for non-
compliance by either party and shall be duly recorded and its Provided, however, that the children of landowners who are qualified under
implementation monitored by the DAR. 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
Section 21. Payment of Compensation by Beneficiaries Under Voluntary Land landholdings shall not be ejected or removed therefrom.
Transfer. — Direct payments in cash or in kind may be by the farmer-
beneficiary to the landowner under terms to be mutually agreed upon by Beneficiaries under Presidential Decree No. 27 who have culpably sold,
both parties, which shall be binding upon them, upon registration with the disposed of, or abandoned their land are disqualified to become beneficiaries
approval by the DAR. Said approval shall be considered given, unless notice under this Program.
of disapproval is received by the farmer-beneficiary within thirty (30) days
from the date of registration. 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
In the event they cannot agree on the price of land, the procedure for shall adopt a system of monitoring the record or performance of each
compulsory acquisition as provided in Section 16 shall apply. The LBP shall beneficiary, so that any beneficiary guilty of negligence or misuse of the land
extend financing to the beneficiaries for purposes of acquiring the land. or any support extended to him shall forfeit his right to continue as such

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. Award Ceilings for Beneficiaries. or to other limits. Distribution Limit. except in meritorious cases . If. Should the scheduled annual payments after the fifth year exceed ten percent (10%) of the annual gross production Section 23.beneficiary. The Provincial Agrarian Reform Coordinating Committee The beneficiaries may opt for collective ownership. Due For purposes of this Act. Transferability of Awarded Lands. — The rights and responsibilities of the beneficiary shall commence from the time the DAR makes an award of the The LBP shall have a lien by way of mortgage on the land awarded to the land to him. due to the landowner's retention rights or to the number of tenants. The DAR shall submit periodic reports on the performance of the as determined by the PARC. The payments for the first three (3) years after the award may be at reduced amounts as Farmers already in place and those not accommodated in the distribution of established by the PARC: provided. or the LBP. LBP may reduce the interest rate or reduce the principal obligations to make the repayment affordable. or to the government. Title to the property shall be issued in the name beneficiaries to the PARC. the BARC. The LBP shall Ownership of the beneficiary shall be evidenced by a Certificate of Land advise the DAR of such proceedings and the latter shall subsequently award Ownership Award. qualified beneficiaries for a period of ten (10) years: provided. in turn. they may be granted ownership of other lands available for shall be paid for by the beneficiaries to the LBP in thirty (30) annual distribution under this Act. — Beneficiaries shall be awarded Section 27. which shall contain the restrictions and conditions the forfeited landholdings to other qualified beneficiaries. Agrarian Reform Committee (BARC) of the barangay where the land is situated. at the option of the beneficiaries. — Lands awarded pursuant to this Act or some of them. shall. has been foreclosed shall thereafter be concerned and annotated on the Certificate of Title. which award shall be completed within one hundred eighty beneficiary. be given due notice thereof by farmers cooperative or some other form of collective organization: provided. and this mortgage may be foreclosed by the LBP for non- (180) days from the time the DAR takes actual possession of the land. Section 25. — No qualified beneficiary may own more than and the failure to produce accordingly is not due to the beneficiary's fault. Section 24. Payment by Beneficiaries. of the co-owners or the cooperative or collective organization as the case may be. there is not enough land to accommodate any Section 26. transferred or conveyed except of land or several parcels of land cumulated up to the prescribed award through hereditary succession. A beneficiary provided for in this Act. or workers on the land. lessees. production as established by the DAR. payment of an aggregate of three (3) annual amortizations. the three (3) hectares of agricultural land. however. as provided herein. and shall be recorded in the Register of Deeds whose land. — Lands acquired by an area not exceeding three (3) hectares which may cover a contiguous tract beneficiaries under this Act may not be sold. such as co-ownership or (PARCCOM) as herein provided. Award to Beneficiaries. that the total area that may be awarded shall not exceed the total number of co-owners or member of the cooperative or collective organization multiplied by the award limit above prescribed. a landless beneficiary is one who owns less than notice of the availability of the land shall be given by the LBP to the Barangay three (3) hectares of agricultural land. that the first five (5) annual payments privately-owned lands will be given preferential rights in the distribution of may not be more than five percent (5%) of the value of the annual gross lands from the public domain. amortizations at six percent (6%) interest per annum. permanently disqualified from becoming a beneficiary under this Act.

or in a management or corporation or business association. to be taken from the land owned by the cooperative or herewith. — Corporate landowners may voluntarily transfer ownership over their agricultural landholdings to the Republic of the In the event of such transfer to the LBP. the beneficiaries shall be assured of at least one (1) respected by both the workers' cooperative or association and the representative in the board of directors. the following rules shall be observed by the capital stock. and . — The may be transferred or conveyed. any agreement existing at the time b) Irrespective of the value of their equity in the corporation or this Act takes effect between the former and the previous landowner shall be association. Until a new agreement certified public accountants chosen by the beneficiaries. under beneficiary in one lump sum for the amounts the latter has already paid. with respect to their equity or participation. executive committee. the land shall be transferred to the LBP which shall give due notice corporation. together with the value of improvements he has made on the land. Failing compliance their family use. lands shall be distributed directly to the individual worker. Corporate Landowners.If the land has not yet been fully paid by the beneficiary. that the following conditions are In general. — In the case of farms owned or operated by corporations or Corporations or associations which voluntarily divest a proportion of their other business associations. complied with: beneficiaries. the books of the shall be owned collectively by the workers' cooperative or association which corporation or association shall be subject to periodic audit by will deal with the corporation or business association. a) In order to safeguard the right of beneficiaries who own shares of In case it is not economically feasible and sound to divide the land. if one exists. the latter shall compensate the Philippines pursuant to Section 20 hereof or to qualified beneficiaries. equity or participation in favor of their workers or other PARC: qualified beneficiaries under this section shall be deemed to have complied with the provisions of the Act: provided. as they may agree upon. Homelots and Farmlots for Members of Cooperatives. to any heir individual members of the cooperatives or corporations mentioned in the of the beneficiary or to any other beneficiary who. of the availability of the land in the manner specified in the immediately preceding paragraph. consistent with this Act.n no case shall the CHAPTER VIII compensation received by the workers at the time the shares of stocks are Corporate Farms distributed be reduced. The same principle shall be applied to associations. as a condition for such preceding section shall be provided with homelots and small farmlots for transfer or conveyance. actually devoted to reasonable time to harvest the same. is entered into by and between the workers' cooperative or association and the corporation or business association. shall cultivate the land himself. Section 28. with prior approval of the DAR. Section 31. and shall be given a capital stock of the corporation that the agricultural land. subject to confirmation by the DAR. then it stocks to dividends and other financial benefits. such terms and conditions. Standing Crops at the Time of Acquisition. of the corporation or association. agricultural activities. under such terms and conditions as may be agreed upon by them. Section 29. Farms Owned or Operated by Corporations or Other Business Associations. the rights to the land Section 30. corporations owning agricultural lands may retain his share of any standing crops unharvested at the time the DAR shall give their qualified beneficiaries the right to purchase such proportion of the take possession of the land under Section 16 of the Act. — The landowner shall Upon certification by the DAR. bears in relation to the company's total assets.

an additional ten percent (10%) of the net profit after tax shall be distributed to said regular CHAPTER IX and other farmworkers within ninety (90) days of the end of the fiscal year. a transitory period. distribution approved by the PARC within the same period. c) Any shares acquired by such workers and beneficiaries shall have managerial. subject to the the same rights and features as all other shares. the Office of Support Services under the DAR to be headed by an Undersecretary. length of which shall be determined by the DAR. Support Services To forestall any disruption in the normal operation of lands to be turned over Section 35. the land or stock landowner and the LBP shall assist the farmers-beneficiaries and workers- transfer envisioned above is not made or realized or the plan for such stock beneficiaries in the payment for said shares by providing credit financing. agricultural lands are hereby mandated to execute a production-sharing plan with their farm workers or farmworkers' reorganization. individuals or and the objective of fostering responsible participation of the workers- entities owning. d) Any transfer of shares of stocks by the original beneficiaries shall Section 33. In the event that the individual or entity realizes a profit. pursuant to an agreement that the farmworker-beneficiaries and the . that these In case of disagreement. compensation to regular and other farmworkers in such lands over and above the compensation they currently receive: provided. in addition to the need to stimulate the growth of cooperatives Section 32. Valuation of Lands. at least one percent (1%) of the gross sales of implementation of the program particularly in carrying out the provisions of the entity shall be distributed to the managerial. formulated by the PARC. taking into account the factors enumerated in Section 17. beneficiaries shall be fully paid for in an amount corresponding to the valuation as determined in the immediately succeeding section. the price as determined by the PARC. The Office shall provide general support and coordinative services in the During this transitory period. if accepted by individuals or entities realize gross sales in excess of five million pesos per the workers-beneficiaries. beneficiaries in the creation of wealth. Production-Sharing. — Shares of a be void ab initio unless said transaction is in favor of a qualified and cooperative or association acquired by farmers-beneficiaries or workers- registered beneficiary within the same corporation. — Pending final land transfer. without prejudice to the annum unless the DAR. supervisory and technical group may conclude. supervisory and technical the following services to farmer-beneficiaries and affected landowners: group in place at the time of the effectivity of this Act. shall be followed. or operating under lease or management contract. Creation of Support Services Office. whereby In the determination of price that is just not only to the individuals but to three percent (3%) of the gross sales from the production of such lands are society as well. if any. the agricultural land of the corporate owners or corporation shall be subject to the Section 34. determines a lower ceiling. — A valuation scheme for the land shall be compulsory coverage of this Act. the PARC shall consult closely with the landowner and the distributed within sixty (60) days of the end of the fiscal year as workers-beneficiaries. approval of the DAR. landowner's right to petition the Special Agrarian Court to resolve the issue of valuation. Payment of Shares of Cooperative or Association. upon proper application. The If within two (2) years from the approval of this Act. as compensation for such transitory managerial and technical functions as it will perform. shall be established. — There is hereby created the to the farmworker-beneficiaries mentioned above.

for agro- industrialization based on social collaterals like the guarantees of (b) Liberalized terms on credit facilities and production loans. as well as marketing and small-and medium-scale industries in agrarian reform areas. marketing and storage facilities. farmers' organizations the (a) Land surveys and titling. cropping. necessary credit. developing and extending financial assistance to post-harvest technology transfer. for its supervision including all its produce and training in other various prospects of marketing. andtai applicable and existing funds. (d) Infrastructure such as access trails. the DAR shall be authorized to package agricultural development plan. The Bagong Kilusang Kabuhayan sa Kaunlaran (BKKK) Secretariat shall be 10) Assistance in the identification of ready markets for agricultural transferred and attached to the LBP. 3) Government subsidies for the use of irrigation facilities. properties. proposals and receive grants. 2) Infrastructure development and public works projects in areas and settlements that come under agrarian reform. Section 37. development and dissemination of information on agrarian reform and low-cost and ecologically sound (e) Research. — In order to cover the expenses purpose. — The PARC shall ensure 4) Price support and guarantee for all agricultural produce. such as: 5) Extending to small landowners. 7) Assigning sufficient numbers of agricultural extension workers to farmers' organizations. that support services to farmers-beneficiaries are provided. like concessional and collateral-free loans. the preparation of the physical development plan of such and cost of support services. at least twenty-five percent (25%) of all settlements providing suitable barangay sites. and 8) Undertake research. potable water and appropriations for agrarian reform shall be immediately set aside and made power resources. production and 6) Promoting. .n addition. The PARC shall formulate policies to ensure that support services to farmer- 9) Development of cooperative management skills through intensive beneficiaries shall be provided at all stages of land reform. equipment and records. programs and projects including pilot projects and models related to agrarian reform as developed by the DAR. training. personnel.1) Irrigation facilities. Funding for Support Services. aid and other forms of financial assistance from any source. and for this Section 36. irrigation systems and other facilities for a sound available for this purpose. Support Services to the Beneficiaries. mini-dams. public utilities. services. imported agricultural inputs. management assistance and support to cooperatives and farmers' organizations. especially second crop or dry season irrigation 11) Administration operation management and funding of support facilities. farmers' organization: (c) Extension services by way of planting. production and use of organic fertilizers and other farm inputs and technologies to minimize reliance on expensive and local substances necessary in farming and cultivation.

Misuse or diversion of the financial and support services herein provided Section 39. mining and pasture areas. treated equally in every respect. the Central Bank and resources. agri-business or agro-industrial enterprise in the region where the landowner has previously made investments. Subject to existing laws. Special Areas of Concern shall provide landowners affected by the CARP and prior agrarian reform programs with the following services: Section 40. without prejudice to criminal prosecution. — Subject to the requirement of (c) Marketing of LBP bonds. Land Consolidation. other government institutions and instrumentalities. programs and schemes for the conversion or exchange (1) Subsistence Fishing. . including seaweed of bonds issued for payment of the lands acquired with stocks and farmers. Pioneers and other settlers shall be issued by the LBP. in logging. or to such other incentives as the PARC. or other (3) Sparsely Occupied Public Agricultural Lands. settlers and members of tribal communities shall be allowed to enjoy and exploit A landowner who invests in rural-based industries shall be entitled to the the products of the forest other than timer within the logging incentives granted to a registered enterprise engaged in a pioneer or concessions. — Small fisherfolk. — As an integral part of the Comprehensive Agrarian Reform Program. erosion. methods. — The PARC with the assistance CHAPTER X of such other government agencies and instrumentalities as it may direct. — The DAR shall carry out land consolidation shall result in sanctions against the beneficiary guilty thereof. to the extent of thirty percent Agricultural land allocations shall be made for ideal family-size farms (30%) of the face value of said LBP bonds. Special Areas of Concern. special areas of concern shall be observed: (b) Facilities. the LBP. proclaimed and developed as farm settlements for qualified landless people The LBP shall redeem a landowner's LBP bonds at face value. and Resources (DENR). shall be opened up for agrarian settlements whose beneficiaries shall be (d) Other services designed to utilize productively the proceeds of required to undertake reforestation and conservation production the sale of such lands for rural industrialization. subject to guidelines that shall be as determined by the PARC. Support Services to Landowners. including the projects to promote equal distribution of landholdings. shall be assured of greater access to the utilization of water bonds issued by the National Government. provided that based on an organized program to ensure their orderly and early the proceeds thereof shall be invested in a BOI-registered company or in any development. suitable of said bonds in traditional and non-traditional financial markets and areas. as determined by the Department of Environment and Natural stock exchanges. Section 38. agricultural lands of the public domain shall be surveyed. and to conserve soil fertility and prevent provided by the PARC. rules and regulations. to provide the needed forfeiture of the land transferred to him or lesser sanctions as may be infrastructures in agriculture. preferred area of investment as provided for in the Omnibus Investment Code of 1987. as well as promoting the marketability a balanced ecology and conservation of water resources. the following principles in these (a) Investment information financial and counseling assistance. — Sparsely occupied government financial institutions may provide. (2) Logging and Mining Concessions.

f land area permits. Unless otherwise directed by PARC. other landless families shall be Section 42. Section 5 of the Constitution. in All officers and employees of the Secretariat shall be appointed by the their desire to own and till agricultural lands. six (6) representatives of agrarian reform beneficiaries. Parties who will engaged in the Philippines as Chairman. PARC immediately and not later than the next meeting. National Irrigation Administration. — A Provincial Agrarian Reform Coordinating Committee (PARCCOM) is hereby created in each province. A system of evaluation and audit shall Administrator. National Police (INP). President. (EXCOM) of the PARC composed of the Secretary of the DAR as Chairman. Budget and Management. equal shares of the farm's produce. Trade and Industry. — The Presidential lands of the public domain shall be made available on a lease basis to Agrarian Reform Council (PARC) shall be composed of the President of the interested and qualified parties. provided that one of them shall be abandoned. Executive Committee. Secretaries of the Departments of Agriculture. — There shall be an Executive Committee accommodated in these lands. representatives of affected landowners to represent Luzon. surrenderees. which shall not be more than a total of fifty (50) Labor and Employment. Secretary of Agrarian Reform. and three (3) be instituted. retirees of linkages. uncultivated Section 41. their surviving spouse and orphans. and such other members as the President may designate. Environment and Natural Resources. Visayas and Mindanao. and similar beneficiaries shall be given due consideration in the disposition of The Secretariat shall be headed by the Secretary of Agrarian Reform who agricultural lands of the public domain. — Idle. that its decisions must be reported to the representation in advisory or appropriate decision-making bodies. — Graduates of agricultural schools who whose compensation shall be chargeable against the Agrarian Reform Fund. distribution as home lots and family-size farmlots to actual occupants. — All qualified women members of the Article XIII. . — A PARC Secretariat is hereby established to XVI of the Constitution. landless war veterans and veterans of provide general support and coordinative services such as inter-agency military campaigns. Director-General of the National Economic and years. are landless shall be assisted by the government. foreclosed and sequestered lands shall be planned for from the cultural communities. traditional or pioneering crops and the following as members. Land Bank of the Philippines. shall be proportionate to the amount of investment and Development Authority.Subject to the prior rights of qualified beneficiaries. CHAPTER XI Section 44. returnees. agricultural labor force must be guaranteed and assured equal right the EXCOM may meet and decide on any and all matters in between meetings to ownership of the land. Abandoned. through the DAR. two (2) (4) Idle. and of the PARC: provided. — In accordance with Section 7 of Article Section 43. shall be given priority. The lease period. composed of a Chairman. the Secretary of Agrarian Reform as Vice-Chairman development of capital-intensive. Foreclosed and Sequestered Lands. Local Government: Public Works and Highways. shall be assisted by an Undersecretary and supported by a staff whose composition shall be determined by the PARC Executive Committee and (7) Agriculture Graduates. Visayas and Mindanao. Provincial Agrarian Reform Coordinating Committee Program Implementation (PARCCOM). production goals of the lessee. The Presidential Agrarian Reform Council. taking into account (5) Rural Women. program and project appraisal and evaluation and general the Armed Forces of the Philippines (AFP) and the Integrated operations monitoring for the PARC. Secretariat. each from Luzon. Finance. (6) Veterans and Retirees. however.

in the province. the BARC shall have the following functions: power to issue rules and regulations. conciliate and settle agrarian ten-year program of distribution of public and private lands in each province disputes lodged before it within thirty (30) days from its taking cognizance shall be adjusted from year by the province's PARCCOM in accordance with thereof. guidelines issued by the PARC and on the progress of the CARP in the (g) Coordinate the delivery of support services to beneficiaries. — The PARC shall provide the guidelines for a province-by-province implementation of the CARP. and one landowners within the barangay. 229. Section 45. and province. Legal Assistance. as members: provided. thirty-day period. and two representatives from farmer and institutions. Section 47. (f) Assist the DAR representatives in the preparation of periodic The PARCCOM shall coordinate and monitor the implementation of the CARP reports on the CARP implementation for submission to the DAR. (h) Perform such other functions as may be assigned by the DAR. one representative (c) Attest to the accuracy of the initial parcellary mapping of the each from existing farmers' organizations. Barangay Agrarian Reform Committee (BARC). — In addition to those provided in Section 49. governmental organizations in the province.f after the lapse of the thirty day period. and of Environment and Natural Resources and from the LBP. the Provincial Agrarian Reform Officer as Executive Officer. 229 whenever necessary in the exercise of any of its functions hereunder. agricultural cooperatives and non. the latter shall (e) Assist in the initial determination of the value of the land. — The PARC and the DAR shall have the Executive Order No. city. government. it shall issue a certificate of its proceedings and shall furnish a copy ensuring that support services are available or have been programmed thereof upon the parties within seven (7) days after the expiration of the before actual distribution is effected. . Said rules shall take effect ten (a) Mediate and conciliate between parties involved in an agrarian (10) days after publication in two (2) national newspapers of general dispute including matters related to tenurial and financial circulation.t shall provide information on the provisions of the CARP. two representatives from landowners. at least one of whom shall be a farmer or farmworker representing the principal crop of the province. seek regarding the organization of the Barangay Agrarian Reform Committee the legal assistance of the DAR and the provincial. otherwise provided in this Act. it is unable to settle the the level of operations previously established by the PARC. Province-by-Province Implementation. beneficiary's tillage. representative each from the Departments of Agriculture. likewise have one representative. that in areas where there are cultural communities. whether substantive or procedural. Rules and Regulations. farmworker-beneficiaries.who shall be appointed by the President upon the recommendation of the (b) Assist in the identification of qualified beneficiaries and EXCOM. — Unless Section 48. the provisions of Executive Order No. in every case dispute. arrangements. Functions of the BARC. to carry out the objects and purposes of this Act. at least one of whom shall be a producer representing the (d) Assist qualified beneficiaries in obtaining credit from lending principal crop of the province. — The BARC or any member thereof may. Section 46. The (2) The BARC shall endeavor to mediate. or municipal (BARC) shall be in effect.

administer oaths. issue is submitted to it for mediation or conciliation the case or dispute may expeditious and inexpensive determination for every action or proceeding be brought before the PARC. agrarian reform. however. Frivolous Appeals. Quasi-Judicial Powers of the DAR. employing all reasonable means to ascertain the facts of any success of settlement is presented: provided. — The DAR is hereby vested with the primary jurisdiction to determine and adjudicate agrarian reform Section 52. and Section 54. — Any case or controversy before it enforcement. or interpretation of this Act and other indirect contempts in the same manner and subject to the same penalties as pertinent laws on agrarian reform may be brought to the Court of Appeals by provided in the Rules of Court. before it. — The DAR shall not take cognizance of It shall not be bound by technical rules of procedure and evidence but shall any agrarian dispute or controversy unless a certification from the BARC that proceed to hear and decide all cases. Section 55. Section 51. designated agencies in any case. No Restraining Order or Preliminary Injunction. dispute or controversy arising from. Section 53. take Judicial Review testimony. or their organizations in any proceedings before the DAR: The findings of fact of the DAR shall be final and conclusive if based on provided. — No court in the Philippines shall have jurisdiction to issue any restraining order or writ of Notwithstanding an appeal to the Court of Appeals. Responsible farmer leaders shall be allowed to represent themselves. and enforce its writs through sheriffs or other duly any agrarian dispute or on any matter pertaining to the application. it shall adopt a uniform rule of procedure to achieve a just. however. implementation. CHAPTER XII Only one (1) motion for reconsideration shall be allowed. that when there are two or more representatives for any substantial evidence. — Any decision. Finality of Determination. Department of Environment and Natural Resources (DENR). or in connection with the application. deputized officers. individual or group. or interpretation of this Act and other pertinent laws on shall be decided within thirty (30) days after it is submitted for resolution. their fellow farmers. Certification of the BARC. ruling or Administrative Adjudication decision shall be final after the lapse of fifteen (15) days from receipt of a copy thereof. Section 50. CHAPTER XIII It shall have the power to summon witnesses. disputes or controversies in a most the dispute has been submitted to it for mediation and conciliation without expeditious manner. certiorari except as otherwise provided in this Act within fifteen (15) days from the receipt of a copy thereof.t shall likewise have the power to punish direct and implementation. that if no every case in accordance with justice and equity and the merits of the case. . compel the production of books and documents and answers to interrogatories and issue subpoena. order. certification is issued by the BARC within thirty (30) days after a matter or Toward this end. the decision of the DAR preliminary injunction against the PARC or any of its duly authorized or shall be immediately executory. including but not limited to fines or censures the exclusive jurisdiction of the Department of Agriculture (DA) and the upon erring parties. the DAR may involving the implementation of agrarian reform except those falling under impose reasonable penalties. the representatives should choose only one among themselves to represent such party or group before any DAR proceedings. award or ruling of the DAR on subpoena duces tecum. enforcement. necessary to. Certiorari. require submission of reports. — To discourage frivolous or dilatory appeals matters and shall have exclusive original jurisdiction over all matters from the decisions or orders on the local or provincial levels. Any order.

Appeals. Court shall give preference to the Regional Trial Courts which have been assigned to handle agrarian cases or whose presiding judges were former An appeal from the decision of the Court of Appeals. The Rules of Court shall apply to all proceedings before the from or in connection with the implementation of the provisions of this Act. and to file a Section 63. act as a Special Agrarian Court. Appointment of Commissioners.Section 56. Special Jurisdiction. The Special Agrarian Courts shall have the powers and prerogatives inherent The Court of Appeals. Procedure on Review. — The initial amount needed to implement this written report thereof with the court. Act for the period of ten (10) years upon approval hereof shall be funded from the Agrarian Reform Fund created under Sections 20 and 21 of Section 59. — The Special Agrarian Courts. notwithstanding the expiration of the ten-year period decision. Preferential Attention in Courts. shall be by a petition for review with the Supreme Court within a non-extendible period of fifteen (15) days The Regional Trial Court (RTC) judges assigned to said courts shall exercise from receipt of a copy of said decision. after which the case is deemed submitted for decision. — An appeal may be taken from the decision of the The Supreme Court may designate more branches to constitute such Special Agrarian Courts by filing a petition for review with the Court of additional Special Agrarian Courts as may be necessary to cope with the Appeals within fifteen (15) days receipt of notice of the decision. question. Orders of the Special Agrarian Courts. mentioned in Section 5 hereof. as the case may be. matter or incident raised before them . however. or decision of the DAR. Special Agrarian Courts. — All courts in the Philippines. shall give preferential attention to all cases arising under this Act. — The Special Agrarian Courts shall have original and exclusive jurisdiction over all petitions for the determination of Section 62. just compensation to landowners. Section 61. number of agrarian cases in each province. Section 58. Section 57. All cases pending in court arising from or in connection with the The Special Agrarian Courts shall decide all appropriate cases under their implementation of this Act shall continue to be heard. Funding Source. memoranda within a period of fifteen (15) days from notice. may require the parties to file simultaneous in or belonging to the Regional Trial Courts. 229. shall be governed by the Rules of Court. Agrarian Courts on any issue. tried and decided into special jurisdiction within thirty (30) days from submission of the case for their finality. — Review by the Court of Appeals or the Supreme Court. — No order of the Special Executive Order No. — The Supreme Court shall designate at shall be elevated to the appellate courts until the hearing shall have been least one (1) branch of the Regional Trial Court (RTC) within each province to terminated and the case decided on the merits. said special jurisdiction in addition to the regular jurisdiction of their respective courts. or from any order. may appoint Financing one or more commissioners to examine. the Supreme the decision shall become final.n the designation. unless modified by this Act. Special Agrarian Court. as the case may be. CHAPTER XIV upon their own initiative or at the instance of any of the parties. ruling judges of the defunct Court of Agrarian Relations. Section 60. otherwise. investigate and ascertain facts relevant to the dispute including the valuation of properties. and the prosecution of all criminal offenses both trial and appellate.

purposes. bureaus and offices. Conversion of Lands. CHAPTER XV General Provisions Section 70. is hereby authorized to call upon the assistance and its priorities. (d) Portion of amounts accruing to the Philippines from all sources of Section 67. in the that the social justice objectives of the CARP shall enjoy a preference among exercise of its functions. — No injunction. whether from wealth recovered through the Presidential Commission on Good natural or juridical persons. may Sources of funding or appropriations shall include the following: authorize the reclassification or conversion of the land and its disposition: provided. support of other government agencies. restraining order. are hereby directed to register. and shall insure Section 69. Section 68. Immunity of Government Agencies from Undue Interference. the DAR. upon application of the beneficiary or the landowner. free from payment of all fees and other to be used for the specific purposes of financing production credits. shall be exempted from taxes arising from capital Government. Financial Intermediary for the CARP. (e) Other government funds not otherwise appropriated. or the locality has become urbanized and the land will needed to augment the Agrarian Reform Fund in order to fully implement the have a greater economic value for residential. including government-owned or -controlled corporations. Section 66. Section 64. Free Registration of Patents and Titles. shall be deductible from the compensation to which the owner in foreign countries. — The Land Bank of the Philippines shall be the financial intermediary for the CARP. Exemptions from Taxes and Fees of Land Transfers. — The PARC. provided.Additional amounts are hereby authorized to be appropriated as and when agricultural purposes. — All Registers of Deeds official foreign grants and concessional financing from all countries. with due notice to the affected parties. (a) Proceeds of the sales of the Assets Privatization Trust. CARP. gains. — After the lapse of five (5) years from its Section 6 hereof shall be valid as long as the total landholdings that shall be award. and subject to existing laws. the considered continuing appropriations during the period of its Department of Agriculture (DA). — The sale or disposition of agricultural lands retained by a landowner as a consequence of Section 65. that all arrearages in real property taxes. These transactions shall also be exempted from the payment of registration fees. charges. prohibition or mandamus shall be issued by the All funds appropriated to implement the provisions of this Act shall be lower courts against the Department of Agrarian Reform (DAR). and all other taxes and fees for the conveyance or transfer thereof. titles and documents required for the implementation of the infrastructures. Resources (DENR). may be entitled. when the land ceases to be economically feasible and sound for . the Department of Environment and Natural implementation. Assistance of Other Government Entities. patents. Disposition of Private Agricultural Lands. and the Department of Justice (DOJ) in their implementation of the program. commercial or industrial provisions of this Act. without penalty (c) Proceeds of the disposition of the properties of the Government or interest. that the beneficiary shall have fully paid his obligation. and other support services required by this Act. — (b) All receipts from assets recovered and from sales of ill-gotten Transactions under this Act involving a transfer of ownership.

his landholdings and to dispossess his tenant farmers of the land tilled by them. Lease. as the case may be. the provisions of this Act. and the like shall be disposed of as follows: transferee of the property with respect to unregistered lands. virtue of being a beneficiary. Section 71. of agricultural lands in excess of the total retention limits or award ceilings by any person. may acquire title to these or entity of the implementation of the CARP. — Banks and other financial institutions allowed by law to hold mortgage rights or security interests in agricultural lands to (d) The willful prevention or obstruction by any person. in order to circumvent the provisions of this Act. use or any other usufructuary right over the land he acquired by been transferred to qualified beneficiaries. subject to existing laws on compulsory transfer of foreclosed assets and acquisition as prescribed under (e) The sale. outside of urban centers and city limits either in whole or in part after the effectivity of this Act. Management. (b) The forcible entry or illegal detainer by persons who are not Transferees of agricultural lands shall furnish the appropriate Register of qualified beneficiaries under this Act to avail themselves of the rights Deeds and the BARC an affidavit attesting that his total landholdings as a and benefits of the Agrarian Reform Program. management. — Any person who knowingly or willfully violates the the landowner's compensation value as provided in this Act. transfer or conveyance by a beneficiary of the right to the expiration of the same even if such land has.000. management. (a) Lease. conveyance or change of the nature of lands Section 13 of this Act. Mortgages and deed of conveyance in the Register of Deeds with respect to titled Other Claims. — The following are prohibited: thousand pesos (P1. provisions of this Act shall be punished by imprisonment of not less than one (1) month to not more than three (3) years or a fine of not less than one Section 73. — Lands covered by this Act under lease.owned by the transferee thereof inclusive of the land to be acquired shall not (a) The ownership or possession. result of the said acquisition do not exceed the landholding ceiling. grower lands and the date of the issuance of the tax declaration to the or service contracts. grower or service contracts covering private lands may continue under their original terms and conditions until (f) The sale. Penalties.000. mortgaged properties. shall be conclusive for the purpose of this Act.00) and not more than fifteen thousand pesos (P15. found to be contrary to the provisions hereof shall be null and void. association secure loans and other obligations of borrowers. Prohibited Acts and Omissions.00). Bank Mortgages. natural or juridical. Grower or Service Contracts. in the meantime. The date of the registration of the Section 72. transfer. regardless of area. for the purpose of circumventing exceed the landholding ceilings provided for in this Act. The Register of Deeds shall not register the transfer of any agricultural land (c) The conversion by any landowner of his agricultural land into any without the submission of this sworn statement together with proof of non-agricultural use with intent to avoid the application of this Act to service of a copy thereof to the BARC. Any sale or disposition of agricultural lands after the effectivity of this Act except those under collective ownership by farmer-beneficiaries. or both. . (b) Mortgages and other claims registered with the Register of Deeds shall be assumed by the government up to an amount equivalent to Section 74. at the discretion of the court.

946. the last two paragraphs of Section 12 of Presidential Decree No. 27 and 266 as amended. Section 78. Presidential Decree Nos. 3834. rules and regulations. both Series of 1987. Presidential Decree No. 3844 as amended. 316. Section 75. and all other laws. Suppletory Application of Existing Legislation. — If. for any reason. no other section. — This Act shall take effect immediately after publication in at least two (2) national newspapers of general circulation. Presidential Decree No. — Section 35 of Republic Act No. Approved: June 10. Separability Clause. 1988 . 1038. Section 77. provision. Executive Order Nos. or part thereof shall be affected and the same shall remain in full force and effect. decrees executive orders. issuances or parts thereof inconsistent with this Act are hereby repealed or amended accordingly. — The provisions of Republic Act No. Section 76. and other laws not inconsistent with this Act shall have suppletory effect. Repealing Clause.If the offender is a corporation or association. 228 and 229. the officer responsible therefore shall be criminally liable. Effectivity Clause. any section or provision of this Act is declared null and void.

Series of 2016. 1. – These rules of procedure (“Rules”) shall apply to all cases involving the voluntary transfer of awarded lands to a private person during the holding period.) is issued covering voluntary transfers of of registration of the EP.O. or other Title issued pursuant to an these types of awarded lands to another qualified beneficiary.O. PREFATORY STATEMENT 2. SECTION 3. or to the government or other not considered as Awarded Land under this A. to wit: . shall be governed by A. whichever comes later. Coverage. 2. No. agricultural lands with a provides that lands awarded through any agrarian reform program may only Certificate of Land Transfer (CLT) but without a registered EP yet. 3. are be transferred through hereditary succession. Awarded Land – refers to an agricultural land distributed through an agrarian reform program of the State. 6657. SECTION 2. This includes landholdings covered by Certificates of Landownership Award (CLOAs) and Republic Act (R. Definition of Terms. as amended. Holding Period – refers to the period of time commencing from the date This Administrative Order (A. Emancipation Patents (EPs). However. specifically Section 27 thereof.[2] ARTICLE I GENERAL PROVISIONS ARTICLE II STATEMENT OF POLICIES AND RULES SECTION 1.A. the following terms are defined.O. 2. – The transferability of agricultural land awarded to farmers/ARBs during the holding period shall The transfer through intestate succession and testate succession of legitimes be governed by the following policies: to compulsory heirs during the holding period. CLOA. qualified beneficiaries within ten (10) years from its award and prior to the full payment of the amortization. Statement of Policies and Rules. – For purposes of these Rules. however. 06. agrarian reform program of the State until the lapse of ten (10) calendar years AND the payment of the amortization[1] thereof.) No.

Pursuant to DOJ Opinion No. as the case may be. in the name of the transferee. as amended. 4. 2. The transferee shall assume the obligation of the transferor to pay the remaining amortization. The DAR shall generate an EP or CLOA. if any. in case of a VLT/DPS. The following transfers are not only assume the transferor’s balance of the amortization to the LBP or. Transfer via intestate succession. A DAR Clearance to Transfer only to the designated transferee and shall only be valid for six (6) months from the time of its issuance. No. in covered by the abovementioned general restrictions: case of Voluntary Land Transfer (VLT) or Direct Payment Scheme (DPS). Upon the registration of the Title in the name of the transferee. Series of 2015. ISSUANCE OF TRANSFER CLEARANCE . to the previous landowner.A. to the landowner. which in turn shall be registered with the Registry of FILING. another landholding to be distributed by the DAR subsequent to the 6657. The cancellation of an EP or CLOA of the transferor due to a voluntary act than hereditary succession. at his option. 3. As a general rule. PROCESSING. Should the transfer be conducted through methods other 5. ARTICLE III 3. the transferor. 6. AND Deeds for the transferee’s Certificate of Title. to the landowner. 59. 1. Department shall be the standard in the aforementioned determination. Section 22 of R. transferee to pay the amount he has already paid to the LBP or. The determination of whether the transferee is qualified to be a person shall by reason thereof be disqualified to be a beneficiary of beneficiary is within the jurisdiction of the DAR. the transfer of ownership of all Awarded Lands to 3. to the LBP or. The farmer/ARB who transfers his/her awarded land to another private 3. in case of a VLT/DPS. and the pertinent rules and procedures of the transfer.3. no Awarded Land may be mortgaged prior to the termination of the holding period. 3. Transfer of legitimes to compulsory heirs 3. may demand the of its owner need not be ordered by the Secretary of the DAR. The transferee/s shall transferee is a qualified beneficiary. the ten a privateperson during the holding period is prohibited unless the year period limiting transfers shall begin anew.

among others: 1. the fact that the subject land is a an awarded land. 4. – In the application for a 1. which shall state. 2. the technical description of the portion being transferred.SECTION 4. 1. If applicable. the area of the portion being transferred vis-à-vis the total area covered 1. the following documents must transferred: be submitted: 1. size in hectares. the name. 3. 1. In case only a portion of the landholding covered by the Title is being clearance on the transfer of an awarded land. 1. Certified true copy of the Title of the landholding being transferred. and personal circumstances of the transferor and the transferee. the location. Photocopy of the latest valid government-issued identification card of both the transferor and the transferee bearing their picture and signature. and . and the title number of the EP/CLOA covering the lot. 1. the fact that the ten-year period has yet to elapse and/or that the amortization has yet to be paid fully. proof of authority of the person applying by the transferor or the transferee. address. Filled-up application form for a clearance on the transfer of awarded by the Title. 1. a general sketch of the land covered by the Title indicating therein the portion being transferred. land which must be signed by both the transferor[3] and the transferee(s). crop/s planted on the land. Documentary Requirements. and 1.

96cm x 91. he/she and his/her spouse and children have no other landholdings or. if any. he/she is a farmer or tiller residing within the same barangay as the landholding. 7. or The transferor and transferee may submit other documents which they believe can support their application pursuant to the rules and principles 6. in case of VLT/DPS. has already been partially or fully-paid. the landowner. three (3) hectares. – The transferor and/or the transferee must cause the production of a sturdy billboard. 9. whether as part of the deed of conveyance or not. SECTION 5. does not own a total area of more than the amortization to the LBP or. the transferee will fully or partially pay the transferor the full amount of in case they have a landholding. [Original/Transfer] Certificate of Title No. Four (4) duplicate original copies of an affidavit executed by the transferee stating that: . A certification from the LBP stating the amount of the amortization containing the following (in English andthe major dialect in the area): already paid and the amount of balance. in case he/she is not a resident of the barangay. A document executed by the transferor and the transferee showing the intended transfer. “To all concerned. In case the amortization to the LBP or. he/she has already paid. transferee of the amount of the amortization to the LBP or.44 cm (2 x 3 feet). or. Installation of Notice with Respect to Transfers. in case of VLT/DPS. inclusive of the land to be acquired. in case of VLT/DPS. Photographs required under Section 5 hereof. the transferor is waiving his/her right to be reimbursed by the provided in Article II hereof. 6. 8. the landowner. 9. [EP/CLOA]-________________ registered in the name of [name of transferor] is intended to be transferred to [name of transferee]. among others. already paid by the transferor. measuring no smaller than 60. is a resident of the same municipality as where the landholding is located 6. and agreement.5. such as. to the and that based on his personal knowledge there are no other qualified landowner. the contract to sell. a notarized beneficiaries residing within the barangay. that: 9.

The transferor and/or the transferee must not remove the said Notice until the DAR Clearance has been issued. No. among others. landholding is located. in case there is no BARC. the date when the notice was posted at the bulletin board) to be executed by the pertinent Barangay officer. by itself. [Name of transferee] is a Filipino.] appropriateness of issuing a DAR Clearance (prior to its issuance). He shall thereafter take at least four (4) photographs of date and time of the posting thereof at the bulletin board of the said Barangay the same notice from different directions and submit them to the PARPO Hall and at the premises. who resides in this be submitted. During the conduct of the investigation of the DARMO. the Barangay may be filed by the heirs in the DARPO which has jurisdiction over where the Council. and is be returned to the applicant indicating to them the lacking documents. an actual farmer/tiller. as amended. a Notice stating the [Name of Transferor]” intended transfer and the alleged qualification of the transferee shall be posted by the Municipal Agrarian Reform Program Officer (MARPO) or any other DAR personnel authorized by the PARPO for seven (7) days at the and install the same at a conspicuous location along the premises of the Barangay Hall where the landholding covered is located. All documents required under Section 4 hereof must . and if no objection is filed within fifteen (15) days from the first day of the posting of the abovementioned Notices.A. for its certification of the qualification of the transferee. the DARPO. Any person who has information that the said statement is false is requested to inform the DAR immediately through [state address and telephone number of the Municipal Office or Provincial SECTION 7. – An application for a transfer clearance Reform Committee (BARC). or. The MARPO or such landholding within seven consecutive (7) days immediately prior to the filing other DAR personnel shall include in the Investigation Report the fact and of the Application. It shall also conduct an ocular investigation to determine if Removal of this Notice is punishable under Sections 73 (d) and 74 of the posting of notice has been conducted. Filing of Application. the DARMO shall submit a copy of the Investigation Report to the Barangay Agrarian SECTION 6. [(In case the transferee is not a resident of the same barangay:) No other person who is landless and an actual farmer/tiller residing in During the processing of the application in the determination of the this barangay is interested to buy this lot from (name of transferor). landless. shall investigate the qualification of the transferee. unless they are no longer interested to If the request for DAR Clearance and the documents/information are in order pursue such Clearance. otherwise it will not be accepted by the DARPO but will rather [barangay/municipality]. R. Processing of the Application. or through the DARMO. 6657. and validated and the qualification of the intended beneficiary is verified in the Investigation Report. which report shall be accompanied by a certificate together with all the necessary documents. processed by the DARPO upon receipt of the application and the documents required. of posting (containing. – The application shall be Office].

which shall be transmitted to the Barangay Agrarian Reform Council (BARC). Generation and Registration of EP/CLOA. the DARMO or DARPO shall take the necessary one of which shall be transmitted to the Registry of Deeds together with the action for the execution of the Application to Purchase and Farmer generated EP/CLOA. SECTION 11. SECTION 10. After the compulsory arbitration phase. and accordingly render the transfer void. should it certify the The RD shall issue four (4) original copies of the DAR Clearance to Transfer. Approval. other issues related to the transferee’s The DARRO shall thereafter cause the transmittal of one copy of the DAR qualifications under specific issuances shall be filed as an agrarian law Clearance to Transfer and the generated EP/CLOA in the name of the implementation (ALI) case to the RD. item 9 shall be attached to the Clearances. the through a Cancellation of EP/CLOA case.Upon receipt of the certification of the BARC. copy of which shall be furnished to the parties concerned. The authority of the PARPO to decide is specifically limited to protests and petitions on the transferee’s qualifications to be as such. Grounds for Annulling a DAR Clearance. Recommendation. the appropriate EP/CLOA in the name of the transferee(s) shall be generated. SECTION 9. in the following cases: . Any person who disagrees with the PARPO’s decision/s or order/s may file a verified petition for inclusion/exclusion against the transferee therein in accordance with existing ALI rules. – The Secretary. and the fourth oath-taking with the proper municipal/city judge. the PARPO shall recommend to the RD for the approval of the transfer. Transfer. The PARPO shall conduct compulsory may be appealed to the Office of the Secretary. qualification of the transferee. another which shall be retained by the DARRO. any member of the public may file a written protest against the qualification of the transferee. arbitration within ten (10) days from receipt of said protest to resolve the same. – Upon verification that the request is in order. The duplicate original copies of the affidavit stated in Section 4. – Upon approval of the request. the third Undertaking of the intended transferee and shall prepare for the transferee’s which shall be sent to the BLTI for monitoring purposes. ARTICLE V GROUNDS FOR ANNULLING A DAR CLEARANCE SECTION 8. – Upon verification that the request is in order. The PARPO’s decision shall be final insofar as the transfer is concerned. transferee for the registration of the latter. Within fifteen (15) days after the posting of the abovementioned Notices. may annul a DAR Clearance to Regional Director (RD) shall sign the DAR Clearance to Transfer. The transferee shall be duly notified by the PARPO of the The decision of the RD in denying the request for a DAR Clearance to Transfer proceedings and the decision.

SECTION 12. – These Rules shall take effect ten (10) days the application for a DAR Clearance to Transfer pursuant to these Rules. provincial. and Administrative Rules considering the facts and circumstances of the transfer. The Undersecretary for Field Operations shall be responsible for ensuring that this provision is implemented.1. – The Finance. and/or All regional. after publication in two (2) newspapers of general circulation. Diliman. SECTION 14. and issuances or portions thereof that are inconsistent herewith. Submission to the DAR of forged or sham documents. are hereby repealed or amended accordingly. Separability Clause. 2. such as A. Planning. DELOS REYES Secretary . Quezon City. within thirty (30) days from the effectivity of these Rules. Misrepresentation of any facts required by this AO. Series of 1995. Effectivity Clause. – All orders. No. – No fees shall be required by the DAR in SECTION 16. Citizen’s Charter. and municipal offices of the DAR are hereby directed to print and place the abovementioned standard flowcharts in a conspicuous location in or around their office within fifteen (15) days from receipt of the said design. ARTICLE VI NO APPLICATION FEES SECTION 15. Office is directed to make a standard design of flowcharts of the procedures set by this A. No Application Fees.O. The decision of the Secretary may be appealed in accordance with the rules and procedures in Cancellation of EP/CLOA Cases. _________________. rules and regulations. circulars. Violation of any of the provisions stated in the Statement of Policies and SECTION 13. Repealing Clause. 3. – Any judicial pronouncement declaring as unconstitutional any provision of these Rules shall have no effect on the validity of the other provisions not affected thereby.O. 8. ARTICLE VII FINAL PROVISIONS VIRGILIO R.

the holding period is not deemed terminated after the lapse of the ten-year period alone or upon the full payment of the amortization alone. [3] In case of transfer via hereditary succession.[1] As intended by Section 26 of R.A. [2] These are concurring requirements. No. . 6657. Therefore. only the transferee(s) are required to sign the application form.

being privately owned. lease. Only those lands shall be declared open to disposition or concession Director of Lands. AND OFFICERS CHARGED WITH ITS EXECUTION (a) Alienable or disposable. The short title of this Act shall be "The Public Land Act. the President may. the Director of Lands shall have direct nor appropriated by the Government. domain. rules. DELIMITATION. and regulations consistent with this Act. 141 Agriculture and Commerce shall prepare and issue such forms. suspend their concession or . as may be necessary and proper to carry into effect the provisions thereof and for the conduct of COMMONWEALTH ACT NO. classification. Section3. instructions. LAWS RELATIVE TO LANDS OF THE PUBLIC DOMAIN CHAPTER II TITLE I CLASSIFICATION. surveyed. for the same reason. who shall act under his immediate control. upon recommendation by the force or which may hereafter be enacted. have ceased to be so However. LANDS TO WHICH IT APPLIES. or which. have reverted to or become the property of the Commonwealth of the Philippines. for the purposes of their administration and disposition. 141* . "friar lands'' and those which. Section4. when practicable. the President. LANDS TO WHICH IT REFERS. The Director of Lands. upon the recommendation of the Secretary of Agriculture and Commerce. FOR THE CONCESSION THEREOF CLASSIFICATION. shall from time to time declare what lands are open to disposition or concession under this Act. which have been officially delimited and classified and. and which have not been reserved for public or quasi-public uses. which Section7. for reasons of public interest. COMMONWEALTH ACT NO. declare lands of the public domain open to disposition before the same have had their boundaries established or been Section5. AND SURVEY OF LANDS OF THE PUBLIC TITLE AND APPLICATION OF THE ACT. (b) Timber. but timber and mineral lands shall be governed by special laws and nothing in this Act provided shall be understood or construed to change or and may at any time and in a like manner transfer such lands from one class modify the administration and disposition of the lands commonly called to another. nor in any manner become private executive control of the survey.AN ACT TO AMEND AND COMPILE THE proceedings arising under such provisions. The provisions of this Act shall apply to the lands of the public (c) Mineral lands. The President. Section 1. with the approval of the Secretary of surveyed. AND DOMAIN. The Secretary of Agriculture and Commerce shall be the executive officer charged with carrying out the provisions of this Act through the Section8. having been and his decisions as to questions of fact shall be conclusive when approved reserved or appropriated. For the purposes of the administration and disposition of alienable administration and disposition shall be governed by the laws at present in or disposable public lands. Subject to said control. sale or any other form of property. AND SURVEY — THEREOF FOR CONCESSION Section6. shall from time to time classify the lands of the CHAPTER I public domain into — SHORT TITLE OF THE ACT. Secretary of Agriculture and Commerce. nor those on which a private right authorized and recognized by concession or disposition and management of the lands of the public domain. and Section2. by the Secretary of Agriculture and Commerce. DELIMITATION. this Act or any other valid law may be claimed. or may.

as entry fee. or the (a) Agricultural head of a family. upon the payment of five pesos. Philippine currency. transfer lands the date of the approval of the application. may enter a homestead of not exceeding twenty-four (c) Educational. or other similar purposes hectares of agricultural land of the public domain. or in a municipality adjacent to the same. AGRICULTURAL PUBLIC LANDS the applicant shall prove to the satisfaction of the Director of Lands. At the option of the applicant. Public lands suitable for agricultural purposes can be disposed of encumbered. Section10.disposition until they are again declared open to concession or disposition by (4) By confirmation of imperfect or incomplete titles: proclamation duly published or by Act of the National Assembly. upon recommendation by the Secretary of Agriculture and authorize the applicant to take possession of the land upon the payment of Commerce. and has cultivated at FORMS OF CONCESSION OF AGRICULTURAL LANDS least one-fifth of the land continuously since the approval of the application. shall mean any of the methods authorized by this Act for the for until at least one-fifth of the land has been improved and cultivated. who. only as follows. otherwise he shall lose his prior right to the land. Within six months from and after this section. If at the date of such notice. Upon the filing of an application for a homestead. No certificate shall be given or patent issued for the land applied this Act. as final fee. at any time and in a similar manner. as follows: Section12. more than five years. The words "alienation. . The acquisition. Section13. shall from time to time make the classifications provided for in five pesos. if he finds that the application should be approved. the lands of the public domain alienable or open to disposition shall be classified. the homestead. in turn. (1) For homestead settlement (2) By sale Section15. lease. or benefit of the lands of the public domain other than period within which the land shall be cultivated shall not be less than one or timber or mineral lands. (d) Reservations for town sites and for public and quasi-public uses. according to the use or purposes to which such lands are destined. Any citizen of the Philippines over the age of eighteen years. who does not own more than twenty-four hectares of land in the Philippines or has not had the benefit of any gratuitous allotment of more (b) Residential commercial industrial or for similar productive purposes than twenty-four hectares of land since the occupation of the Philippines by the United States. the applicant shall begin to work from one class to another. notify the Director of TITLE II Lands as soon as he is ready to acquire the title. "'disposition. within the said period. (a) By judicial legalization Section9. the Director of Lands. payment of the fees required in this (3) By lease chapter may be made to the municipal treasurer of the locality. and that he has complied with all the requirements of this Act. The applicant shall. or "concession" as used in Section14. (b) By administrative legalization (free patent). use. and not otherwise: then. and may. from and after the date of the approval of the application. and shall make affidavit that no part of said land has been alienated or Section11. he shall be entitled to a patent. For the purpose of their administration and disposition. shall do so and The President. charitable. that he has resided continuously for at least one year in the municipality in which the CHAPTER III land is located.

this term or at any time prior thereto. by the Secretary of Agriculture and Commerce shall be given to the public of his intention to make such proof. and there is a bona fide purchaser for the rights and improvements of the applicant on the land. sixty days after such delinquency has patent is issued. then the for the making of final proof. Section22. or has otherwise failed to comply with the requirements of date of the approval of said application of the purchaser. Every transfer made without the previous approval of the Director of Lands shall be Section17. Before final proof shall be submitted by any person claiming to null and void and shall result in the cancellation of the entry and the refusal have complied with the provisions of this chapter. it shall be proven to the satisfaction of the applicant. If at the expiration of final proof on behalf of such incapacitated person. together with his previous homestead SALE shall not exceed an area of twenty-four hectares. so transferred his rights may not again apply for a new homestead. If at any time after the approval of the application and before the applicant. Any non-Christian Filipino who has not applied for a home-stead. The permit shall be for a term of one year. including the portion for Section19. Any citizen of lawful age of the Philippines. the holder of the permit shall apply for a homestead under the provisions of this chapter. and the time and place at which. otherwise the person. previous homesteader who has been issued a patent for less than twenty- four hectares and otherwise qualified to make a homestead entry. he shall have the priority. the Director of Lands may. under this Act. It shall be an essential condition that the applicant for the permit cultivate and improve Section18. either cancel the application or grant an extension of time not to Lands that he has complied with all the requirements of the law. the desiring to live upon or occupy land on any of the reservations set aside for names of the witness by whom it is expected that the necessary facts will be the so-called "non-Christian tribes" may request a permit of occupation for established. the person legally representing him may offer and submit the cancelled. the Director of Lands may cancel the entry. such proof will be made. If at any time before the expiration of the period allowed by law and that the conveyance is not made for purposes of speculation. and immediately after such transfer. the purchaser actually changed his residence. or that the homesteader has apply for a homestead. virtue of the provisions of this Act regardless of the area of his original homestead.shall forward them to the provincial treasurer. with the previous approval of the Director of Lands may transfer Director of Lands. and any such citizen . continue with his homestead. homesteader. the applicant shall prove to the satisfaction of the Director of occurred. In case the homesteader shall suffer from mental alienation. due notice. that the land entered his rights to the land and improvements to any person legally qualified to is under the law not subject to home-stead entry. or the land. stating therein the name and address of the Section21. but cannot exceed one hundred and twenty days for the payment of the sum due. through no fault of his own. Section16. Not more than one homestead entry shall be allowed to any one which a permit was granted to him. may again acquire a homestead. may be CHAPTER IV allowed another homestead which. after due notice to the homesteader. or voluntarily abandoned the land for more shall file a homestead application for the land so acquired and shall succeed than six months at any one time during the years of residence and occupation the original homesteader in his rights and obligations beginning with the herein required. That any For each permit the sum of one peso shall be paid. and the name of the officer any tract of land of the public domain reserved for said non-Christian tribes before whom. the permit shall be personally. however. In case of delinquency of the Section20. the description of the land. with its boundaries and area. Provided. and if such cultivation has not been begun within six months from shall for any other reason be incapacitated from exercising his rights and after the date on which the permit was received. the area of which shall not exceed four hectares. Any person who has this Act. as prescribed of the patent. and no person to whom a homestead patent has been issued by land shall be again open to disposition at the expiration of the permit.

The Director at least three conspicuous places in the municipality where the parcel of land of Lands shall announce the sale thereof by publishing the proper notice once is located. municipality. and the same notice shall be posted on the bulletin organized and constituted under the laws of Philippines. that belonged originally. except by reason of hereditary succession. or public bids will be called for. or partnership other than Section25. and corporate board of the Bureau Of Lands in Manila. respectively. That persons. where the land is located. of the amount of the bid. notices Section24. corporation. or partnerships were qualified under the last preceding section. . within five (5) kilometers from the municipal hall or town occupants plaza of which is at the time or was originally. and in the most conspicuous place in bodies organized in the Philippines authorized under their charters to do so. corporations. associations. as amended. if practicable.not of lawful age who is a head of a family. Section23. to the public domain. and which is neighboring province. The notices shall be published one in English and the other in partnerships shall be entitled to purchase not to exceed one hundred and Spanish or in the local dialect. held agricultural public lands or land of any other applied for at least two years prior to the date of the application. But the total area so purchased after the date of the notice upon which the land will be awarded to the shall in no case exceed the one thousand and twenty-four hectares highest bidder. convey. of the public any municipality may be sold to actual occupants who do not own any parcel domain. treasury warrant. shall be money order payable to the order of the Director of Lands for ten per centum authorized to continue holding the same as if such persons. That omitted. Lands sold under the provisions of this chapter must be appraised and of applications shall be posted for a period of not less than thirty days in in accordance with section one hundred and sixteen of this Act. the publication in the Official Gazette and newspapers may be association. in the a week for six consecutive weeks in the Official Gazette. as provided in this chapter. or other action will be taken authorized in this section for associations and corporations. however. and any corporation or association newspapers one published in Manila and the other published in the of which at least sixty per centum of the capital stock or of any interest in said municipality or in the province where the lands are located. duly legalized and acknowledged by competent courts. be considered the amount of which is less than the appraised value of the corporations. or permanent improvements on such lands. as amended. That no bid shall but they shall not encumber. or any permanent improvement thereon. and other. accepted as part payment of the purchase price: Provided. comply with the minimum requirements of Commonwealth Act numbered associations or partnerships which. denomination. or alienate the same to persons. or post-office the laws and regulations in force at the date of such acquisition. two of this Act. but if the value of the land does not exceed two hundred and and one thousand and twenty-four hectares in that of a corporation or forty pesos. really or presumptively. Public agricultural lands which are not located within ten (10) those mentioned in the last preceding section may acquire or own kilometers from the boundaries of the city proper in chartered cities or agricultural public land or land of any other denomination or classification. the provincial building and the municipal building of the province and may purchase any tract of public agricultural land disposable under this Act. which amount shall be retained in case the bid is associations. and who have resided on the land Constitution took effect. by proceeding as prescribed in this chapter: Provided. corporations. No person. association. and shall fix a date not earlier than sixty days forty-four hectares for each member thereof. and in two barrio council building of the barrio where the land is located. on not to exceed one hundred and forty-four hectares in the case of an individual the land itself. having acquired the same under enclosed therewith cash or certified check. and. or a real right upon such All bids must be sealed and addressed to the Director of Lands and must have lands and Constitution took improvements. land. or any real right on such of land or whose total land holdings do not exceed five hectares and who land and improvement: Provided. really or presumptively. In addition to existing publication requirements in section twenty-four of Commonwealth Act Numbered one hundred forty-one. one of which shall be at the municipal building. or in a capital stock belongs wholly to citizens of the Philippines. or partnerships not included in section twenty. at the date upon which the Philippine one hundred forty-one.

patent is issued. the Director of Lands may of patent. or partnership shall give a Section27. equal annual installments from the date of the award. The District Land Officer shall accept and process any application for the purchase of public lands not exceeding five hectares subject to the approval Section31. it shall be sufficient compliance with this to occurs. In case none of the tracts of land that are offered for sale or the purchase of which has been applied for. so long as . the Director of Lands shall at once submit the land for public association. If. such person. and corporation. and in this case the land of annulling the acquisition and reverting the property and all rights thereto shall be awarded to him. corporation. after due delegate to the District Land Officer concerned the power of receiving bids. corporation or higher bids. association. The purchaser shall have not less than one-fifth of the land broken and cultivated within five years after the date of the award. but in this case. In any case. owner any lands of the public domain if such lands. his bid shall be period of ten years from such cultivation or grant. After title has been granted. however. without prejudice to any right or interest of the Government in bidding. and all prior payments made by the purchaser and all improvements existing on the land shall be forfeited. notice to the purchaser. shall be null and void and shall produce the effect of raising his bid to equal that of the highest bidder. association. corporation. cultivation. Section28. and proceeding in accordance with the provisions of this land for more than one year at any one time. Any excess in area over this maximum and all bid. or in not more than ten right. association. corporation. however. and all payments on the purchase price theretofore made to the finally accepted until the bidder shall have deposited ten per centum of his Government shall be forfeited. If at any time after the date of the award and before the issuance has an area in excess of twenty-four hectares. Upon the opening of the bids. may be paid in full upon the making of the award. it is proved to the satisfaction of the Director of Lands. or partnership authorized by this Act to require improvement of at least one-fifth of the land applied for until the date on lands of the public domain from making loans upon real necessary for the which final payment is made: Provided. association. Upon the land in excess of the limit there shall be paid. to acquire the title to or possess as recommendation of said District Land Officer. Section30. for the purpose of removing the excess as will occupy at least one-half of the entire area at the rate of one head per mentioned. That in case land purchased recovery of such loans. or partnership shall be of the Director of Lands within sixty days after receipt of the permitted. the land shall be awarded to the highest bidder. Section26. or partnership shall dispose condition if the purchaser shall graze on the land as many heads of his cattle of such lands within five years. and to the person making the highest bid on such public auction the the land: Provided. not be construed to prohibit any person. bid. the purchaser may not. The purchase price shall be paid as follows: The balance of the total area greater than area the acquisition of which by purchase is purchase price after deducting the amount paid at the time of submitting the authorized under this Act. interest. then the land shall revert to the Director of Lands. that the purchaser has voluntarily abandoned the holding the auction. or partnership resulting directly or indirectly in such excess shall revert to the State. title. and one of such equal bids is that of the applicant. added to other lands belonging to such person. No bid received at such public auction shall be to the State. hectare. but the District Land Officer shall submit his recommendation to the comply with the requirements of the law. the purchaser must show of occupancy. corporation. State. That any sale and encumbrance made in violation of the land shall be awarded. within a others. the bid of the applicant is not one of such equal and dispose said lands or rights thereon to any person. convey or encumber or accepted. for the final decision of the latter in the case. association. claim or action held by any person. as required in Section twenty-five of this Act. after the approval of this Act. If there are two or more equal bids which are higher than the Section29. the applicant shall always have the option provisions of this section. as soon as the excess above referred is to be devoted to pasture. or has otherwise failed to Act. No person. and before any This section shall. however.

of officer. association. and for provisions of this Act. shall be complied with as prescribed by this Act for the first purchase. according to the appraisal and . until the consent of the occupant or settler General or the officer acting in his stead shall institute the necessary is first had. or the business for which it was lawfully created and which it may lawfully pursue in the Philippines. public land except under the homestead and free patent provisions of this Act: Provided. for a land purchased. for agricultural to be segregated. an area not exceeding two thousand hectares may be granted. may purchase successively additional agricultural public land adjacent to Provided. or until such claim shall be legally extinguished. or association shall be permitted to lease lands here-under portion to be segregated. Any citizen of lawful age of the Philippines. That no bid shall be considered in which the proposed annual or not distant from the land first purchased. and no person. until the property shall have been disposed of. not exceeding a total of one thousand and twenty-four each succeeding year fifty per centum shall be added to the last preceding hectares. That no bid shall be accepted until the bidder shall have deposited the rental for at least Section33. association. A notice of the date and place of the auction of the right to lease association. But any purchaser of public land. claim by settlement or occupation. corporation. and no corporation. shall purchase any other lands of the Section35. the first three months of the lease: Act. or partnership. annual tax rate. as well as the disposal of such portion in the which are not reasonably necessary to carry on his business in case of an exclusive interest of the Government. in next following chapter. may per centum of the value of the land. directly or indirectly. The annual rental of the land leased shall not be less than three which is organized and constituted under the laws of the Philippines.the same is not disposed of. stockholder. representative. if the same shall be less than the maximum allowed by this sum equivalent to the rental for at least. and any corporation or the first three months of the lease. Treasury warrant. appraisal made in conformity with section one hundred and sixteen of this That in making such additional purchase or purchases. if an association or corporation. either as an individual or as a member of any other section twenty-four of this Act. Section36. or partnership. association. corporation. or partnership. the Solicitor. and Section37. If the land leased is adapted to and be devoted for grazing purposes. after must have enclosed therewith cash or a certified check. That no lease shall be permitted to interfere with any prior At the request of Secretary of Agriculture and Commerce. the same conditions Act. No member. individual. Section34. for the first year a surtax of fifty per centum lease any tract of agricultural public land available for lease under the additional to the ordinary tax to which such property shall be subject. proceedings in the proper court for the purpose of determining the excess corporation. attorney. the land shall be published and announced in the same manner as that any member of which shall have received the benefits of this chapter or of the prescribed for the publication and announcement of the notice of sale. corporation. or partnership owning the land in bondholder of any corporation or association holding or controlling excess of the limit established by this Act shall determine the portion of land agricultural public land shall apply. The auction of the right to lease the land shall be conducted under CHAPTER V the same procedure as that prescribed for the auction sale of agricultural LEASE lands as described in section twenty-six of this Act: Provided. All bids must be sealed and addressed to the Director of Lands and public domain under this chapter. agent. association of which at least sixty per centum of the capital stock or of any interest in said capital stock belongs wholly to citizens of the Philippines. Section32. This chapter shall be held to authorize only one purchase of the maximum amount of land hereunder by the same person. or having made the last payment upon and cultivated at least one-fifth of the post-office money order payable to the order of the Director of Lands. until the total area of such rental is less than three per centum of the value of the land according to the purchases shall reach the maximum established in this chapter: Provided. employee or The person.

In case the lessee is not agreeable to the reappraisal and prefers to give regulations of the Bureau of Forestry for cutting timber upon such lands. which shall not be less than the rate of one head per hectare. in case the lessee shall have made important improvements which. the Director of Lands may. it shall be Section43. or medicinal mineral waters existing upon the same. encumber. further. and the violation portion of the Portworks Funds: And provided. the same conditions shall be complied with as lessee shall have not less than one-third of the land broken and cultivated prescribed by this Act for the first lease. Section38. or under any granting purposes. It shall be an inherent and essential condition of the lease that the such additional lease. all buildings and other Section42. the appraised and reappraised value thereof. if the term of the same shall be in excess of ten to remove or dispose of any valuable timber except as provided in the years. rental of not less than four per centum of the appraised and reappraised encumbrance. executors. to persons. administrators. That nothing contained in this this Act shall all accrue to the construction and improvement portion of the section shall be understood or construed to permit the assignment. further. The commission of waste or violation of the forestry regulations by the lessee but may be renewed once for another period of not to exceed twenty-five shall work a forfeiture of his last payment of rent and render him liable to years. may lease successively additional agricultural public land adjacent to disposed of in accordance with the provisions of chapter five of this Act. as many heads of cattle as will occupy at least one-half of the entire area at except for lands reclaimed by the Government.reappraisal made in accordance with section one hundred sixteen of this Act. in immediate dispossession and suit for damage. the provisions of this chapter shall contain a cause to the effect that are appraisal of the land leased shall be made every ten years from the date of Section41. however. Upon the final expiration of the lease. he shall notify the Director of Lands of his desire shall such lease confer the right to remove or dispose of stone. or assigns shall become the property of the the lessee of agricultural public land with an area than the maximum allowed Government. or subletting for purposes of speculation shall not be value of the lands reclaimed using the Portworks Fund after the approval of permitted in any case: Provided. permanent improvements made by the lessee. salts. After having paid rent for at least the first two years of the lease. if the lease as to the part of the land which shall be mineral may be canceled by the lessee should so desire. or sublet his rights without approval of this Act shall accrue to the construction and improvement the consent of the Secretary of Agriculture and Commerce. During the life of the lease.Every contract of lease under are not authorized to lease public lands. Nor up his contract of lease. and the land together with the said improvements shall be by law. within the six months next preceding the date on which the reappraisal takes or other minerals. and in case his request is approved. The lessee shall not assign. within five years after the date of the approval of the lease: Provided.area of such leases shall reach the maximum established in this chapter: Provided. That the annual of this condition shall avoid the contract: Provided. That assignment. any lessee who shall have complied sufficient compliance with this condition if the lessee shall graze on the land with all the conditions thereof and shall have the qualifications required by . The lease of any lands under this chapter shall not confer the right the approval of the lease. coal. That in case the land leased is to be devoted to pasture. successors. That one-fourth of the annual rental of these lands reclaimed prior to the Section40. oil. after notice to the lessee. the annual rental shall be not less than two per centum of. or associations which under this Act. his heirs. and having complied with the requirements prescribed in section thirty nine. The effect. the discretion of the Secretary of Agriculture and Commerce justify a renewal. Leases shall run for a period of not more than twenty-five years. corporations. Portworks Fund. proceed in accordance with section one hundred of Secretary of Agriculture and Commerce. or near the land originally leased until the total. or subletting of lands leased under this Act. previous Act. But if the land leased is adapted to and be devoted for encumbrance. whenever this Act. the said part of the land is more valuable for agricultural purposes. That in making Section39. four per centum of the appraised and reappraised value of the land: Provided.

provided its area does not exceed twenty- Section45. Davao Oriental. FREE PATENTS shall determine or fix the time beyond which the filing of applications under this Chapter shall not extend. subject to the restrictions of chapter five of this Act. whether disposable or not since July 4. upon four hectares: Provided. South Cotabato. upon recommendation of the Secretary of Natural Resources. Province. Lanao del Norte. Davao del Sur. Any natural-born citizen of the Philippines who is not the owner of province. municipality or region subject thereto under the provisions of this chapter may be disposed of as agricultural public land Section47. except in the provinces of Agusan del Provided. A either by himself or through his predecessors-in-interest. province. Lanao del Sur. That the several periods of time designated by the . It shall moreover. That this extension shall in the entire Archipelago for the filing of applications under this Chapter shall apply only where the area applied for does not exceed 144 hectares. The President of the Philippines (Prime Minister). the Provided. tract or tracts of land. not to extend beyond December 31. after the filing of the application and the investigation. Davao del Norte. shall from time to notice thereof has been published in the municipality and barrio in which the time fix by proclamation the period which applications for Proclamation free land is located and adverse claimants have had an opportunity to present patents may be filed in the district. has continuously occupied and cultivated.section twenty-two. shall be entitled to the right granted in the preceding paragraph of this section: Section46. Agusan del Sur. chartered city. Bukidnon. If. of general circulation in the city. Benguet. the be entitled. Cotabato. a tract or tracts of certified copy of said proclamation shall be furnished by the Secretary of agricultural public lands subject to disposition. Sulu. The period fixed for any district. municipality or region specified in such proclamation. Kalinga-Apayao. nineteen hundred of the proclamation in the Official Gazette and if available in one newspaper and twenty-six or prior thereto. under the provisions of this chapter. That at the time he files his free patent application he is not the Director of Lands shall be satisfied of the truth of the allegations contained owner of any real property secured or disposable under this provision of the the application and that the applicant comes within the provisions chapter. JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLES chartered city. Public Land Law he shall cause a patent to issue to the applicant or his legal successor for the tract so occupied and cultivated. not extend beyond December 31. 1955. in each of the barrios of the and cultivated. and Ifugao where the President of the CHAPTER VI Philippines. shall have the option of purchasing the land leased Norte. The time to be fixed advantage of the benefit of this chapter: Provided. either by himself or through his predecessors-in-interest. and copies to him for such tract or tracts of such land not to exceed twenty-four thereof shall be posted on the bulletin board of the Bureau of Lands at Manila hectares. Section44. 1987 within which to take such land under this Act by means other than free patent. and at conspicuous places in the provincial building and at the municipal building and barangay hall or meeting place. a municipality. or municipality shall begin to run thirty days after the publication more than twenty-four hectares and who since July fourth. 1987. That no application shall be finally acted upon until recommendation of the Secretary of Natural Resources. The persons specified in the next following section are hereby without prejudice to the prior right of the occupant and cultivator to acquire granted time. or who shall have paid the Natural Resources within 30 days counted from the date of the presidential real estate tax thereon while same has not been occupied by any person shall proclamation to the Director of Lands and to the provincial board. and upon the expiration of the period so designated. province or municipality concerned. further. their claims. unless the same be extended by the CHAPTER VII President (Prime Minister) all the land comprised within such district. to have a free patent issued municipal board or city council and barangay council affected. chartered city. of period province. Mt. be announced A member of the national cultural minorities who has continuously occupied by government radio whenever available.

or their legal representatives or Section48. may apply to proper Court of First Instance. the extent of the their applications. claiming any lands or interest in lands under the lands of the public domain or claiming to own any such lands or an interest provisions of this chapter. Applications for registration under this chapter shall be heard in the Court of First Instance in the same manner and shall be subject to the (c) Members of the national cultural minorities who by themselves or same procedure as established in the Land Registration Act for other through their predecessors-in-interest have been in open. the use made of the land. not received title therefor. and the acquisition or ownership. and notorious possession and occupation time such land or any portion thereof has been actually occupied by the of agricultural lands of the public domain. continuous. for at least thirty years immediately preceding the nature of the enclosure. or for any other forth fully the nature of the claim and when based upon proceeding initiated cause. under a bona fide who may appear as a party in such cases: Provided. and if not fully complied with. but whose titles have not been perfected or completed. Section51. composition or other form of Registration Act. but have with or without default upon their part. must in every case present an application to the therein. These shall be conclusively presumed to have applicants under this chapter. That prior to the claim of ownership for at least 30 years shall be entitled to the rights granted publication for hearing. applications. continuous. domain suitable to agriculture. Any person or persons. if he deems it advisable for the interests of the . The fees provided to be paid for the filing of the application for confirmation of title except when prevented by registration of lands under the Land Registration Act shall be collected from war or force majeure. under the Land Registration Act . together with a plan exclusive and notorious possession and occupation of lands of the public of the lands claimed. Section50. if any. the (b) Those who by themselves or through their predecessors in interest have reason for such noncompliance. the provisions of the Land Registration Act.President in accordance with section forty-five of this Act shall apply also to Section49. shall be immediately forwarded to the Director of Lands. compliance with the conditions required by the Spanish laws and royal decrees for the acquisition of legal title. occupying successors in right. papers by the clerk to the Solicitor General or officer acting in his stead. in order that he may. The following-described citizens of the Philippines. but this section shall possession of the qualifications specified in the last preceding section may not be construed as prohibiting any of said persons from acting under this apply for the benefits of this chapter. and shall be accompanied by a plan of the land and all grant of lands of the public domain under the laws and royal decrees then in documents evidencing a right on the part of the applicant to the land claimed. it shall specify as exactly as possible the date and form of heirs have occupied and cultivated said lands continuously since the filing of application for purchase composition or other form of grant. all of the papers in said case shall be transmitted in sub-section (b) hereof. whether disposable or not. except that a notice of all such applications. to wit: The application shall conform as nearly as may be in its material allegations (a) Those who prior to the transfer of sovereignty from Spain to the prior to the requirements of an application for registration under the Land United States have applied for the purchase. No person claiming title to lands of the public domain not the lands comprised in the provisions of this chapter. force and have instituted and prosecuted the proceedings in connection The application shall also state the citizenship of the applicant and shall set therewith. exclusive. performed all the conditions essential to a Government grant and shall be entitled to a certificate of title under the provisions of this chapter. chapter at any time prior to the period fixed by the President. if such applicants or grantees and their under Spanish laws. under a bona fide claim of claimant or his predecessors in interest. praying that the validity of the alleged title or the Court of First Instance of the province where the land is located for claim be inquired into and that a certificate of title be issued to them under confirmation of their claims and the issuance of a certificate of title therefor. together with a statement of the length of been in open.

entitled thereto. after decreeing in whom title should vest. or equity in. If said person shall fail to pay the amount of money required possessor. instead of an application. the clerk of the court concerned that the title to any such land or the boundaries thereof or the right to shall certify that fact to the Director of Lands. certificate of title in favor of the person entitled to the property under the but would have involved payment therefor to the Government. open to discussion. the decision shall be in favor LANDS FOR RESIDENTIAL. the laws. If in the hearing of any application arising under this chapter the may hereafter be acquired by prescription or by adverse possession or court shall find that more than one person or claimant has an interest in the occupancy. Such judgment shall be certified to the Director of Lands by the clerk of claim may be filed with the same effect as in the procedure provided in the the court for collection of the amount due from the person entitled to last preceding two sections. stating in order the proceeding to stand dismissed and the title to the land shall then be substance that the title of such holder. investigate all of the facts alleged in the application or registration of an incomplete or imperfect claim of title initiated prior to the otherwise brought to his attention. such conflicting interests shall be adjudicated by the court and decree occupation. It shall be lawful for the Director of Lands. or occupant is in the State free from any claim of the applicant. cadastral proceedings. had such claims been prosecuted to completion under the laws prevailing when instituted. possessor. and under the conditions of the grant then contemplated. an answer or land. or that the boundaries of any such land which has not been brought into court as aforesaid are open to question. Whenever. to cause to be he shall so certify to the proper Court of First Instance and said court shall filed in the proper Court of First Instance. OTHER SIMILAR PURPOSES Section55. except as expressly provided by laws enacted after said awarded in favor of the person or persons entitled to the land according to occupation of the Philippines by the United States. any lands of the public domain Section54. a petition against the holder. or occupant of any land who shall not have voluntarily come in by the decree within a reasonable time fixed in the same. in any proceedings under this chapter to secure CHAPTER VIII . The judicial proceedings under decree of confirmation or judgment of the court and the plan and technical this section shall be in accordance with the laws on adjudication of title in description of the land involved in the decree or judgment of the court.Government. but if none of said person is entitled to the land. it shall appear that papers to the clerk as soon as practicable within three months. No title or right to. or under or by virtue of any law in effect prior to American land. Section53. In cadastral proceedings. the court shall under the provisions of this chapter or of the Land Registration Act. whenever in the Upon payment to the Director of Lands of the price specified in the judgment. claimant. The final decree of the court shall in every case be the basis for the original the conveyance of such land to the applicant would not have been gratuitous. Whenever any judgment of confirmation or other decree of the advisable that the title to such lands be settled and adjudicated. opinion of the President the public interests shall require it. and praying court under this chapter shall become final. conveyance. The Solicitor-General shall return such transfer of sovereignty from Spain to the United States. or if the person who might be entitled to the same lacks the qualifications required by this Act for TITLE III acquiring agricultural land of the public domain. Section57. further determine the amount to be paid as a condition for the registration of the Section52. then and in procedure prescribed in section forty-one of the Land Registration Act. with a certified copy of the occupancy thereof be settled and adjudicated. or that it is Section56. claimant. COMMERCIAL OR INDUSTRIAL PURPOSES AND of the Government. through the Solicitor-General or forthwith order the registration of the land in favor of the competent person the officer acting in his stead. that event the court shall.

Any tract of land of the public domain which. RESIDENCE. COMMERCE AND INDUSTRY Section61. and (c) of section fifty- Section58. be leased for commercial or industrial or other similar purposes. for the purpose for which such sale or lease is requested. among other conditions. be reasonably necessary for the purposes may be. however. or transferred to a province. and said Director shall give notice to the public by publication in the Official Gazette or (c) Marshy lands or lands covered with water bordering upon the shores or by other means. Any tract of land comprised under this title may be leased or sold. being neither timber nine shall be disposed of to private parties by lease only and not otherwise. and shall in no case exceed one stated in the notice and subject to the conditions specified in this chapter. except for lands reclaimed by the partnership disqualified from purchasing public land for agricultural Government which shall not be less than four per centum of the appraised or purposes under the provisions of this Act. corporation. except when authorized reappraised value of the land plus one per centum of the appraised or by Congress: Provided. Upon receipt as the case may be. with the approval of the Secretary of Agriculture and Commerce. further. but the land so following: granted donated. Whenever it is decided that lands covered by this chapter are not needed for public purposes. with the necessary streets and alley-ways between them. contain the deemed by said entities conducive to the public interest. Agriculture and Commerce for authority to dispose of the same. is intended to be used for residential purposes or for as soon as the President. association or reappraised value of the improvements. the Director of Lands shall give notice by public purchase or lease public lands for agricultural purposes. but the lease granted shall reappraised value of the improvements thereon: Provided. in the judgment of the Secretary of agricultural public land. donations. The lands provisions of this chapter and not otherwise. upon recommendation by the Secretary of commercial. be divided by the Director of Lands into lots and (b) Foreshore. CLASSIFICATION AND CONCESSION OF PUBLIC LANDS SUITABLE FOR only-be valid while such land is used for the purposes referred to. That this limitation shall not apply to grants. That any person. or association authorized to of such authority. filing. The lands comprised in classes (a). The area of the land advertisement in the same manner as in the case of leases or sales of so leased or sold shall be such as shall. That twenty-five . or other means. corporation. The lands disposable under this title shall be classified as follows: Section62. may lease land included under this reappraised value of the land plus two per centum of the appraised or title suitable for industrial or residential purposes. Section59. shall be disposed of under the the public service and are open to disposition under this chapter. that the lots or blocks not needed for public purposes shall banks of navigable lakes or rivers. (d) Lands not included in any of the foregoing classes. transfers made to a province. included in class (d) may be disposed of by sale or lease under the provisions of this Act. (b). otherwise shall be surveyed and may. hundred and forty-four hectares: Provided. or branch or subdivision of the Government shall not be alienated. or other productive purposes other than agricultural. Agriculture and Commerce shall declare that the same are not necessary for and is open to disposition or concession. Section64. Section63. industrial. filling or (a) Lands reclaimed by the Government by dredging. nor mineral land. blocks. the lots or blocks specified in the advertisement. to any person. encumbered. that the Government will lease or sell. The lands reclaimed by the Government by dredging. as the case Agriculture and Natural Resources. or (a) The rental shall not be less than three per centum of the appraised or otherwise disposed of in a manner affecting its title. the Director of Lands shall ask the Secretary of Section60. The leases executed under this chapter by the Secretary of municipality or branch or subdivision of the Government for the purposes Agriculture and Commerce shall. municipality.

his heirs. shall commence the construction not to exceed ten. The Secretary of Agriculture and Commerce may. thereof within six months from the date of the award of the right to lease the land.per centum of the total annual rental on all lands reclaimed prior to the waive the rescission arising from a violation of the conditions of subsection approval of this Act and one per centum of the appraised or reappraised (d). purchaser. subject to such conditions as he may prescribe. That the annual rental on lands reclaimed using the Portworks Fund together with the fee due on Section65. the Director of Lands shall from time to time announce in the Official Gazette or in any other newspapers of general circulation. (d) The lessee shall construct permanent improvements appropriate for the (b) The purchase price shall be paid in cash or in equal annual installments. provisions of this Act. executors. Secretary of Public Works and Communications. The lease or sale shall be made through oral bidding. all Section66. the lease or sale of The violation of one or any of the conditions specified in the contract shall those lots. however. comprise the following conditions: accrue to the construction and improvement portion of the Portworks Fund. or assigns shall become the property of the Government. (a) The purchaser shall make improvements of a permanent character (b) The land rented and the improvements thereon shall be reappraised appropriate for the purpose for which the land is purchased. otherwise the Secretary of Agriculture Act. and shall complete the construction of said improvements within eighteen (c) The term of the lease shall be as prescribed by section thirty-eight of this months from the date of such award. If all or part of the lots remain unleased or lands bordering upon the foreshore or marshy land. where an (g) The continuance of the easements of the coast police and other easements applicant has made improvements on the land by virtue of a permit issued to reserved by existing law or by any laws hereafter enacted. would properly (f) The regulation of all rates and fees charged to the public. and Natural Resources may rescind the contract. among others. administrators. submission to the Government for approval of all tariffs of such rates and fees. shall commence every ten years if the term of the lease is in excess of that period. him by competent authority. the provisions of which shall (h) Subjection to all easements and other rights acquired by the owners of be applied wherever applicable. shall be subject to the approval of the successors. and shall complete the said construction within eighteen months from The contract of sale may contain other conditions not inconsistent with the said date. or extend the time within which the construction of the improvements value of improvements shall accrue to the construction and improvement shall be commenced and completed. if necessary give rise to the rescission of said contract. work thereon within six months from the receipt of the order of award. Section68. further. purpose for which the lease is granted. The Secretary of Agricultural and Commerce may grant to . Section67. portion of the Portworks Fund: And provided. the sale or lease shall be made by sealed bidding as prescribed in section twenty-six of this Act. and the annual have to be executed under the supervision of the Bureau of Public Works. (e) At the expiration of the lease or of any extension of the same. The sale of the lands comprised in classes (c) and (d) of section account of the improvement thereon after the effectivity of this Act shall all fifty-nine shall. in case they are constructions or improvements which if by the Government. unsold. However. and adjudication shall be made to the highest bidder. The kind of improvements to be made by the lessee or the improvements made by the lessee. and the plans thereof.

of the Secretary of Agriculture and Commerce. The Secretary of Agriculture and Commerce. school. in his sale or lease. upon recommendation by the Secretary of the Director of Lands to have a survey made by his Bureau of the exterior Agriculture and Commerce. the public interest shall require it. shall submit the matter to the President to the end that the latter may issue a proclamation reserving the Section70. as a town site. AND OTHER SIMILAR PURPOSES CHAPTER X TOWN SITE RESERVATIONS Section69. or the lease to be granted without instructions. or other institutions for educational. Whenever it shall be considered to be in the public interest to public domain open to concession for educational. college. may order the sale to be made without public auction. for the use of any portion of the lands covered by this chapter for any violation of this condition shall give rise to the immediate rescission of the lawful private purpose. or other branch or subdivision of the Government shall need any portion of the land of the Section71. as the case may be. but land so granted shall in no case recommendations. all existing improvements: Provided. the President. for other lands Section72. and that the charge. and a certified copy of such proclamation shall be sent to the Director of university. transfer. but recorded the proclamation of the President and the survey accompanying the the Secretary of Agriculture and Commerce may waive the conditions same. in the boundaries of the site on which such town is to be established. CHARITABLE. sold or leased for the purpose of founding a cemetery.qualified persons temporary permission. The Secretary of Agriculture and Commerce shall direct purposes. The sale or lease shall be made subject to the same Section73. encumbered or resold under the conditions above set forth except with the TITLE IV approval of the Secretary of Agriculture and Commerce. church. AND OTHER SIMILAR PURPOSES TITLE V CHAPTER IX RESERVATIONS CONCESSION OF LANDS FOR EDUCATIONAL. LANDS FOR EDUCATIONAL. lease. subject to revocation at any time when. but not to exceed ninety- six hectares in any case. and upon the form of donation. if he approves the belonging to private parties. or such part thereof as he may deem proper. the area to be such as may actually and surveyed land lies. reasonably be necessary to carry out such purpose. may execute contracts in favor of the same. with his conditions to be inserted in the contract. In either case it shall be a condition the Director of Lands seem best adapted to the convenience and interest of that the purchaser or lessee or their successors or assigns shall not sell the public and the residents of the future town. under terms and completion of the survey he shall send the same to said Secretary. sale. municipality. charitable or philanthropical Lands and another to the register of deeds of the province in which the purposes or scientific research. be encumbered or alienated. or any other form. after having conditions as required for the sale and lease of agricultural public land. to direct a subdivision in accordance with the instructions conveyance he sees fit. Whenever any province. at a rental to be fixed by him. Any tract of public land of the class covered by this title may be land surveyed. or if the National Assembly disposes otherwise. recommendations of the Director of Lands. with the approval of the President. except when the public service requires their being leased or exchanged. That it shall in no case be sublet. charitable or other similar found a new town. CHARITABLE. and having completed the legal proceedings prescribed in chapter requiring cultivation. encumber or lease the land for the purposes of speculation or use it . upon payment of a reasonable for any purpose other than that contemplated in the application. and to the forfeiture to the Government of judgment. The Secretary of Agriculture and Commerce. then in the manner which may to auction. if there shall be such at a price to be fixed by said Secretary. It shall then be the duty of the Director of Lands. if thirteen of this Act. exchange. and if there shall not be any.

nor shall bids be accepted from persons. If. except those claimed by or belonging to private parties commercial and industrial uses and the remainder as residence lots. Section77. corporation. after the approval record titles. modification. and lots shall be laid out on the plat as Section80. The avenues. alter. or The plat prepared by the Director of Lands shall be submitted to the partnerships not authorized to purchase public lands for commercial. alleyways. with the approval of the Secretary of time. residential or industrial purposes under the provisions of this Act. shall reserve out of the land by him to be authorized to sell them at private sale for not less than two-thirds of their subdivided lots of sufficient size and convenient situation for public use. industrial uses in any one town site shall be sold to any one person. it shall be exceptions. shall be sold. When the plat of subdivision has been finally approved by the RESERVATIONS FOR PUBLIC AND SEMI-PUBLIC PURPOSES Secretary of Agriculture and Commerce. The amendment. all and any dispositions made by the executive necessary to condemn private lands within the limits of the new town. parks. the President Agriculture and Commerce. annul. in case the public interest requires it. Not more than two residence lots and two lots for commercial and proper authorities. with or without conditions. provisions of sections twenty-six and sixty-five of this Act shall be observed in so far as they are applicable. in order to carry out the provisions of this chapter. the Director of Lands shall record the same in the records of his office and shall forward a certified copy of such Section83. the branch of the Philippine Government by virtue of this chapter. Section82. CHAPTER XI Section78. but no bid shall be whether public or private. the President may designate by proclamation any tract or tracts such register recorded in the records of his office of land of the public domain as reservations for the use of the Commonwealth of the Philippines or of any of its branches. At any time after the subdivision has been made. and other public uses. corporations.Section74. repeal. Unless the necessary reservations are made in the proclamation of received shall be again offered for sale. All funds derived from the sale of lots shall be covered into the though the lands owned or claimed by private persons were part of the Philippine Treasury as part of the general funds. public domain and part of the reservation. and squares. in accordance with the provisions inherent condition thereof. The Assembly shall have the power at any time to modify. well as the necessary avenues. at public auction to the highest bidder. or possessed or claimed by them as private property. accepted that does not equal at least two-thirds of the appraised value. All lots. alleys. if deemed necessary by the Section81. the Director of Lands. may. parks. to be by Commerce. reserve for public purposes any lot or lots of the land so reserved and not disposed of. and shall and those reserved for parks. or of the inhabitants thereof. the Director of Lands shall be Agriculture and Commerce. or reservations. plazas. as appraised value. under the same conditions as the first the President. and cancel. with a view to the possible subsequent purchase or condemnation thereof. streets. shall be numbered upon a general plan or system. and the President shall direct the Solicitor-General or officer acting in his stead to at exercise of this power shall be understood as reserved in all cases. associations. rescind. buildings. limitation. streets. or approval. The plat of the subdivision shall designate certain lots for Section79. Upon the recommendation of the Secretary of Agriculture and record to the register of deeds of the province in which the land lies. Lots for which satisfactory bids have not been Section75. also reserve and note the lots owned by private individuals as evidenced by after due notice. and recording of the plat of subdivision as above provided. or association without the specific approval of the Secretary of Section76. Such lots. in . of existing law. as an once begin proceedings for condemnation. and if they then remain unsold. Secretary of Agriculture and Commerce for consideration.

or other chiefs of the so-called non-Christian tribes. effect. under conditions to be established by Commerce. subject. order that such person or corporation may clear. That all grants. the Secretary of Agriculture the public benefit. the President. That the National Assembly may direct that such land given reservation have advanced sufficiently in civilization. public fishponds. President may order that the lands of the public domain within such reservation be granted under the general provisions of this Act to the said CHAPTER XII inhabitants. if and other documents executed or issued or based upon the deeds. designate any tract or tracts the Assembly. public parks. may by proclamation. But any non-Christian inhabitant may at any time apply for the general Section86. in of the public domain for the exclusive use of the non-Christian Filipinos. to only of a tract of land not to exceed four hectares for each male member over such conditions as the National Assembly may establish for the eighteen years of age or the head of a family. requested to do so by the Secretary of Agriculture and Commerce. break. hydraulic power sites. and granting to each member not already the owner. The Secretary of Section84. by system and suitable roads and fences. in so far as practicable. such certified copy. and as soon sultans. If all the lands included in the proclamation of the President are Archipelago was transferred from Spain to the United States. patents. while the Government shall have the quarries. Section88. and prepare for including in the reservation. then the so prepared for cultivation may be disposed of only by sale or lease. communal pastures or leguas comunales.accordance with regulations prescribed for this purpose. Upon recommendation of the Secretary of Agriculture and Agriculture and Commerce may also. rights of way for railroads. deeds. the use and benefit the land in accordance with the provisions of this Act. and a copy of this record shall be forwarded to the of the same: Provided. or for quasi-public Commerce. Upon receipt of of conveyance of land or purporting to convey or transfer rights of property. he shall proceed in accordance with the next the authority of the Spanish Government while the Philippines were under following section. patents and other instruments register of deeds of the province or city where the land lies. public the provisions of this Act. irrigation and although the disposition of the lands to the colonists shall be made under systems. datus. without as the plat has been completed. and Commerce may make the necessary rules and regulations for the organization and internal administration of the same. by proclamation designate any tract or tracts uses or purposes when the public interest requires it. yet. As soon as the Secretary of the reimbursement of the expense incurred in putting such lands in condition for Interior shall certify that the majority of the non-Christian inhabitants of any cultivation: Provided. void. however. Upon recommendation by the Secretary of Agriculture and eighty-three shall be non-alienable and shall not be subject to occupation. but final disposition shall be made of title or gratuitous patent. workingmen's village and other improvements for supervision and management of said colonies. the sovereignty of Spain. for highways. the Director of Lands shall order the immediate survey of privileges. . The tract or tracts of land reserved under the provisions of section Section85. the Solicitor-General. or easements appertaining to or growing out of lands. and all deeds not registered under the Land Registration Act. or without the consent of the United States Government or of the Philippine Government since the sovereignty over the Section87. the President may. are hereby declared to be illegal. and of no proceed in accordance with the provision of section fifty-three of this Act. shall and documents mentioned. the lands used or cultivation the lands of said colony and establish the necessary irrigation possessed by them. A certified copy of every proclamation of the President issued benefits of this Act provided the Secretary of Agriculture and Commerce is under the provisions of this title shall be forwarded to the Director of Lands satisfied that such inhabitant is qualified to take advantage of the provisions for record in his office. granted by the proposed reservation if the land has not yet been surveyed. and the subdivision and distribution of said lands as above PROVISIONS COMMON TO RESERVATIONS provided shall be taken into consideration in the final disposition of the same. of four or more hectares of land. including reservations of land of the public domain for the establishment of agricultural colonies. turn over a colony so reserved to any person or corporation.

names of the stockholders or members. if any. and the number of shares subscribed by each. lease. whether he has made investigations as to (a) The full name of applicant. In case the applicant is a corporation. (b) That the applicant has all the qualifications required by this Act in the case. the relationship with him. giving his post-office address. in what such indications consist. place of birth. and of the death of the latter and the descendants left by him. cultivated. either directly or indirectly. and that he shall not (d) That the application is made in good faith. improved. Section89. shall be demarcated and preserved as permanent timberland to be planted exclusively to trees of known economic value. basis of such application. CONCESSION OF LANDS. barrio. (h) That the land applied for is neither timber nor mineral land and does not contain guano or deposits of salts or coal. accompanying satisfactory addressed to the Director of Lands. changing. evidence of the relationship of the applicant with the ascendant. the RESTRICTIONS AND ENCUMBRANCES name of the ascendant. their citizenship. or permit issued on the persons. for the actual purpose of using make any clearing thereon or utilize the same for ordinary farming purposes the land for the object specified in the application and for no other purpose. or partnership. the application shall be accompanied with a certified copy of land is not occupied. and sitio where it is located. improved. and any false statements therein or omission of facts altering. All applications filed under the provisions of this Act shall be and description of the improvements made. applied for. and if so. specifying those having reference to accidents of the ground or TITLE VI permanent monuments. province. and if so. and CHAPTER XIII by whom. and in this case. association or investigations were made and what was the result thereof. municipality. AND LEGAL occupied or cultivated or improved by the applicant or his ascendant. Every application under the provisions of this Act shall be made occupied and cultivated the land first. or whether there are indications of its under oath and shall set forth: having been occupied. or other disposition until again declared alienable under the (f) As accurate a description of the land as may be given. stating its nature the provisions of this Act or by proclamation of the President. or improved entirely or partially. citizenship. the date and place of the death of the ascendant. his age. or affidavit of its President. what is the condition of the land. or whether the co-partnership. how such and post-office address. association or co-partnership together with an there are no indications of it having ever been occupied.entry. GENERAL PROVISIONS (g) Whether all or part of the land is occupied or cultivated or improved. or other responsible officer. The statements made in the application shall be considered as and not. giving the cultivated. even after patent shall have been issued to him or a contract of lease shall and that the land is suitable for the purpose to which it is to be devoted. or cultivated either entirely or partially. the date when the possession and cultivation began. and its articles of incorporation. or modifying the consideration of the facts set forth . 68 (e) That the application is made for the exclusive benefit of the application Section91. (i) That the applicant agrees that a strip forty meters wide starting from the bank on each side of any river or stream that may be found on the land (c) That he has none of the disqualifications mentioned herein. manager. civil status. in case it is alleged that he Section90. when and by whom such improvements were made. association. title. and its limits and boundaries. and whether the land has been APPLICATIONS: PROCEDURE. have been executed in his favor. corporation. sale. for the benefit of any other person or essential conditions and parts of any concession.

the President may. provided the interests of the applicant or grantee with improvements but not entitled to free patents may apply for the land are protected. application. In every investigation made in accordance with this section. to make the necessary investigations for the purpose of ascertaining whether the material facts set out in the application are true. purchase. association. or fraudulent and illegal modification of essential facts shall be charged to the purchaser if the same is a corporation. If subdivisions have not been made on the date of the Section96. or lease if convinced of the lack of means of the shall give him one hundred and twenty days time in which to file the applicant for using the land for the purpose for which he has requested it. and the subdivision assigned to the applicant or grantee shall. if he shows to the satisfaction of the Director of fixed. if such occupant is qualified to acquire a concession Section93. at the time reimbursement. after the first five years from the approval of the lease. If before the delimitation and survey of a tract of public land the even though the application is for a greater area. in other purchases the purchases. the Director of Lands is the legal subdivisions have not yet been made. title. whoever it be. Section95. and on the basis of such (b) In leases. As soon as any land of the public domain has been surveyed. an order of cancellation may issue without further proceedings. the lessee shall be entitled to the reimbursement of one-half Section92. the cost of the survey fraud. and any subsequent modification. or shall be presumed if the grantee or possessor of the land shall refuse or fail to partnership. Lands or his authorized delegates or agents. and during Cost of the life of the same. concealment. advisable. The regulations the material facts set forth in the application shall ipso facto produce the to be issued for the execution of the provisions of this section shall take into cancellation of the concession. and for the purposes of such investigation. Although the maximum area of public land that may be acquired is of the cost of the survey. or Section94. but if faith. it shall appear that the applicant is utilizing and is only able to utilize a smaller area. yet the spirit of this Act is that the rule which must determine the real Lands that he has occupied and improved a sufficient area of the land or area to be granted is the beneficial use of the land. or permit granted. but at any time presumption. no charge shall be made for the survey. (a) In purchases under chapters five and ten of this Act. The concession or incurred sufficient expenses in connection therewith to warrant such disposition shall be for less than the maximum area authorized if. but it delimited. to obtain compulsory process from the courts. include the land improved or cultivated. or shall refuse or fail to give direct and specific answers to pertinent questions. if they have the qualifications required by this Act. and classified. the lands shall be rectangular in form so far as practicable. shall pay the obey a subpoena or subpoena duces tecum lawfully issued by the Director of total cost of the survey. the cost of the survey shall be hereby empowered to issue subpoenas and subpoenas duces tecum and. and to deny or cancel or limit any application for Lands shall inform the occupant of his prior right to apply for the land and concession. the Director of Lands is authorized to determine the area that may be be actually occupied by a person other than the applicant. or change of so far as practicable. except in the following cases: necessary. For the purposes of this President shall declare the same disposable or alienable and such land shall section. designate a term within which occupants the same has been made. subdivisions and shall be contiguous if comprising more than one subdivision. the Director of granted to the applicant. application or apply for the concession by any of the forms of disposition authorized by this Act.in such statements. in the order issued by him shall be endeavored to make them conform to the legal subdivision as soon as declaring it open for disposition. of the issuance of the patent or of the concession or disposition. alteration. In case the legal subdivisions have already been made at the time whether they continue to exist and are maintained and preserved in good of the filing of the application. the existence of bad faith. Lands applied for under this Act shall conform to the legal under this Act. It shall be the duty of account the legal subdivision to be made by the Government and the the Director of Lands. if charged to the Government. . the cost of the survey shall be paid by the lessee. from time to time and whenever he may deem it inadvisability of granting the best land at a given place to only one person. occupied by them.

he shall be succeeded in his reason sufficient under this Act for the denial or cancellation of the rights and obligations with respect to the land applied for or granted or application or the denial of the patent or grant. or may declare such land open only to sale or lease. All actions for the reversion to the Government of lands of the becoming final.Section97. or a contract or concession rescinded or annulled. grounded on any the Government. in accordance with this Act. land for which an application has been denied or canceled or a patent or grant refused. Section106. and who shall be subrogated in all his rights application or deny patent or grant. in the name of the Commonwealth of the Philippines. Any owner of uncultivated agricultural land who knowingly applicant or grantee. shall be Court of First Instance of the province in which the land lies. qualified. the same shall be entitled to the reimbursement of the permits application for the same to be made to the Government and the land proceeds of the sale of the improvements and crops. of the indemnity fixed by said court for the cultivation and improvement. within a reasonable period. or before any forfeited to the Government. All rights in and interest to. upon its decision Section101. The Secretary of Agriculture and Commerce may order such For each affidavit. If at any time the applicant or grantee shall die before the issuance of the patent or the final grant of the land. after deducting the total to be tilled and improved by a bona fide grantee without protesting to the amount of his indebtedness to the Government and the expense incurred by Bureau of Lands within one year after cultivation has begun. in which case the court shall. in the proper courts. they shall lose any prior right to the the municipality in which the land lies. after the applicant or leased under this Act by his heirs in law. General or the officer acting in his stead. or before any officer or employee of the Bureau of Lands authorized Section98. In case the cancellation is due to delinquency on the part of the Section104. corporation. the occupant or Section103. fifty centavos. be granted a prior right of entry for a term of sixty days from the date of the notice. or before the judge or clerk of the land recognized by this Act. and the improvements on the land. Any person. or association may file an objection lease. For each deposition of the applicant or the witness. the objection is to them the patent or final concession if they show that they have complied found to be well founded. if any. the proper court before such action for recovery prescribes and obtains favorable judgment therein. public domain or improvements thereon shall be instituted by the Solicitor. All the proofs. before mentioned shall be as follows: Section99. order the payment to the grantee. shall also The fees for the taking of final evidence before any of the officials herein- be forfeited to the Government. for sale to the new applicant or grantee. and the person objecting shall. the Director of Lands shall deny or cancel the with the requirements therefor. improvements and crops to be appraised separately. affidavits. Section100. Section105. and oaths of any kind required or occupants have not made application under any of the provisions of this Act necessary under this Act may be made before the justice of the peace 71 of at the expiration of the time limit fixed. fifty centavos. shall lose all to it in the sale of the improvements or crops and in the new concession of the the part of the land so cultivated and improved. unless he shall bring action in land. upon. If at any time after the approval of the application and before the . If. and the improvements and crops by law to administer oaths. if and obligations for the purposes of this Act. justice of the peace or chargeable notary public of the province in which the land lies. who shall be entitled to have issued grantee has been given suitable opportunity to be duly heard. or while the applicant or grantee still has obligations pending towards under oath to any application or concession under this Act. If in the case of the two last preceding sections. or during the life of the Section102.

upon payment of the value of the improvements. No patent or certificate shall be rivers or rivers upon which rafting may be done. and actual conveyance of the land land applied for is necessary. iron. In case of disapproval. however. Said land shall further be subject to a right-of-way not exceeding private surveyor. Any person aggrieved by the decision or action of their business.issuance of a patent or the final concession of the land. No patent shall issue nor shall any concession or contract be Section107. Patents or certificates issued under the provisions of this Act exceeding one hundred forty-four hectares in area: Provided. silver. with damages for the improvements only. whether made by the Bureau of Lands or by a Section112. appeal to the Director of Lands. in the public interest. Lands shall promptly act upon all surveys submitted to him for approval and aqueducts. or during the life of the said decision. in accordance with this Act. Such patents or certificates the lease. hundred forty-four hectares in area. telegraph and telephone lines and similar works as the return the same to the District Land Officer within ninety days after receipt of Government or any public or quasi-public service or enterprise. the Secretary of Agriculture and Commerce may order All surveys pending approval by the Director of Lands at the time this Act the cancellation of the application or the non issuance of the patent or takes effect shall be acted upon by him within ninety days from the effectivity concession or the exclusion from the land applied for of such portion as may of this Act. if any. That the President of the Section109. That no applicant shall be permitted to split the area applied for by him in excess of the area fixed in this section Section111. Government of the Republic of the Philippines under the signature of the President of the Philippines: Provided. and to the Secretary of Agriculture and Natural Resources 75 the power to sign patents or certificates covering lands Section110. creeks. has been approved by the Director of Lands. Section108. be required. issued by the District Land Officer unless the survey of the land covered by such patent or certificate. All patents or certificates for land granted under this Act shall be finally approved unless the land has been surveyed and an accurate plat prepared in the Bureau of Lands and shall be issued in the name of the made thereof by the Bureau of Lands. the purposes of this Act: Provided. That copies of said patents issued shall be furnished to those with reference to the littoral of the sea and the banks of navigable the Bureau of Lands for record purposes. In no case shall any land be granted under the provisions of this Philippines may delegate to the Secretary of Agriculture and Natural Act when this affects injuriously the use of any adjacent land or of the waters. foreshore. or coal oil contained in lands granted thereunder. finally. coal. or vest the grantee with other power to sign patents or certificates covering lands not exceeding one valuable rights that may be detrimental to the public interest. gums. The Director of sixty (60) meters in width for public highways. irrigation ditches. These when the office of the District Land Officer is properly equipped to carry out shall remain to be property of the State. copper. guano. roads. it appears that the twenty-two of the land Registration Act. railroads. source of water or for any work for the public benefit that the Government wishes to undertake. or other substances containing minerals. including such surveys by his office. may reasonably require for carrying on state the reasons therefor. All persons receiving title to lands under the provisions of this among his relatives within the sixth degree of consanguinity or affinity Act shall hold such lands subject to the provisions hereof and to the same excepting the applicant's married children who are actually occupying the public servitudes as exist upon lands owned by private persons. 77 the District Land Officer may. within thirty days from receipt of the copy of . or at any time when the applicant or grantee still has obligations shall be effective only for the purposes defined in Section one hundred and pending with the Government. That shall not include nor convey the title to any gold. including land: Provided. or roadsteads. the Director of Lands shall mining or forest concessionaires. for the protection of any shall be effected only as provided in said section. patents or certificates covering lands not exceeding five hectares in area precious stones. Resources 74 and/or the Under secretary for Natural Resources 74 the rivers. or other District Land Officers in every province are hereby empowered to sign metals or minerals. further.

above described prior to April eleven. There is hereby reserved from the operation of all patents. or the power from the reappraisal next preceding. in the amount. manufacturing. even though connection with such water rights as may have been acquired in the manner and while the title remains in the State. All lands granted by virtue of this Act. or by the laws and decisions of the or acquisition of such water privilege. point of conversion to the point of use. the measure. Whenever. is committee for such purpose in the province or in the municipality in which hereby excepted from such grants. the concession has been approved. That or institutions. poles. and the patents herein granted shall be subject exceeding fifty horse power. Where the convertible power Section116. or Section114. further. rights to the use of water for mining. as it may deem best for the public good. and grants by the Government authorized under this Act case may be. which shall be paid by the grantee or the applicant. the possessors and owners of such vested rights shall be maintained and protected in the same. the convertible power from which at ordinary low water exceeds fifty horse power. however. shall be entitled to indemnity from the Government or the concessionaire. and for other public under the law. units. and there is no means of using such power Director of Lands. except for converting the same into power the limit of all rights thereto. All sums due and payable to the Government under this Act. or the contract has been signed. paid by him to the Government for the Section118. with the application or concession. lease acknowledged by the local customs. and all patents granted under this Act shall be Section115. then so much land as is reasonably necessary for the mill site or site for provincial treasurer of the province in which the land lies or may appoint a the power house. is reserved as a servitude or easement upon the land granted by authority of this Act: Provided. courts. running through or by the land granted. That when Section117. The beneficial use of water shall be the basis. approval or signing the right to use for the purposes of power any flow of water in any stream of the application. concession or contract. and a right of the land lies. aqueducts. and for a suitable dam and site for massing the water. or order conduits as may be needed in conveying the water to increase of more than one hundred per centum upon the appraisal or the point where its fall will yield the greatest power. and the same are recognized and upon terms established by an Act of the Assembly concerning the use. the Government or any concessionaire of the Government shall take except homestead fees. lands acquired under free patent or homestead provisions . nor shall any reappraisal be made with an wires. and with respect to the flow of water. said grantee shall be entitled to the same use of to the right of the Government to make such rules and regulations for the use the water flowing through or along his land that other private owners enjoy of water and the protection of the water supply. as the certificates. including homesteads subject to any vested and accrued rights to ditches and reservoirs used in upon which final proof has not been made or approved. and also a expense incurred or which may be incurred by the Government in connection right of way for the construction and maintenance of such flumes. supposing it to be subject to grant under this Act. on the basis of the value fixed in such filing. subject to the governmental regulation provided in the purposes. Except in favor of the Government or any of its branches. agricultural. with the approval of the Secretary of Agriculture and except by the occupation of a part of the land granted under authority of this Commerce. land taken from him by virtue of this section: And provided. beginning with the year next following the one in which the homestead application has been filed. as the case may be.Section113. eighteen hundred and ninety-nine. not exceeding four hectares. The appraisal or reappraisal of the lands or improvements in any stream running through or by land granted under the authority of this subject to concession or disposition under this Act shall be made by the Act thus exceeds fifty horsepower. shall draw simple interest at the rate of four per possession of the land under this section which a grantee under this Act shall centum per annum from and after the date in which the debtor shall become have paid for. ordinary low water shall exceed fifty horse power shall be disposed of only or other purposes have vested and accrued. if any. be subject to the ordinary taxes. entries. said grantee delinquent. Water power privileges in which the convertible power at possession. In no case shall the appraisal or reappraisal be less than the way to the nearest public highway from the land thus excepted. The Director of Lands may request the assistance of the Act. by priority of previous section. shall.

Except with the consent of the grantee and the approval of the were actually or presumptively of the public domain. or property right whatsoever to any land granted under the free corporate bodies organized in the Philippines whose charters authorize them patent. which approval shall alienated. however. That in The provisions of Section 124 of this Act to the contrary notwithstanding. any other form. That this prohibition shall not be applicable to permanent improvement on such land. shall be valid if the person making the conveyance or encumbrance is of said land. Any transfer. approval of the Secretary of Agriculture and Commerce. homestead. or legal heirs. shall be subject to repurchase by the applicant. ordinance. associations. association. nor shall such land or any so-called "non-Christian Filipinos" or national cultural minorities. or partnership may acquire or have any right. effectivity of this Decree. conveyance or encumbrances is written. royal decree. religious or charitable purposes or for a right of way. further. originally acquired under the free patent. homestead. No land originally acquired in any manner under the provisions before twenty-five years after issuance of title shall be valid without the of this Act. or partnership prior to the promulgation of this approval of the application and for a term of five years from and after the Decree for the purposes herein stated is deemed valid and binding. transfer. no encumbered. when permanent improvement thereon be leased to such individual. nor shall they become liable to the That no final decision of reversion of such land to the State has been satisfaction of any debt contracted prior to the expiration of said period. or any other Chairman of the Commission on National Integration. further. added to that of his own. when the area proper. his widow. royal order. or individual sale provisions of this Act. but rendered by a court. or conveyance of any homestead after five years and Section122. or not be denied except on constitutional and legal grounds. And Provided. except to persons. Provided. when proper. corporations. or individual sale provisions of this Act or to any to do so: Provided. Conveyances and encumbrances shall be null and void. title. the conveyance or acquisition by reason of hereditary succession duly acknowledged and legalized by competent courts. made by illiterate non-Christian or literate non-Christians where the instrument of conveyance or encumbrance is in a language not understood by Section123. associations who may acquire land of the public domain under this Act or to interest. Conveyance and encumbrance made by persons belonging to the transferred or assigned to any individual. or conveyed. shall encumbered. homestead provisions. shall be educational. rights thereto or improvements thereon by a section and in the last preceding section being transferred by judicial decree . associations. or lands of any other denomination that Section121. within a period of five years from the Except in cases of hereditary succession. Every conveyance of land acquired under the free patent or charters. or by royal grant or in Secretary of Natural Resources. or transferred. No alienation. association. shall exceed one hundred and forty- able to read and can understand the language in which the instrument or four hectares. No land originally acquired in any manner under the provisions the said literate non-Christians shall not be valid unless duly approved by the of any previous Act. corporations or corporation. or corporations. any the event of the ownership of the lands and improvements mentioned in this acquisition of such land. nor any permanent improvement on such land. provision of law formerly in force in the Philippines with regard to public lands. That such acquisition is approved the improvements or crops on the land may be mortgaged or pledged to by the Secretary of Natural Resources within six (6) months from the qualified persons. or any permanent improvement on such land. Provided. alienated. partnerships who may acquire lands of the public domain under this Act or to corporations organized in the Philippines authorized therefor by their Section119. and solely for commercial. assignment. nor any permanent improvement on such land. industrial. or lease made in violation hereof. terrenos baldios y realengos. shall be Section120. except to persons. no land or any portion thereof date of the conveyance. date of issuance of the patent or grant.shall not be subject to encumbrance or alienation from the date of the corporation.

and only while these are in force. Any acquisition. shall not be applied in cases Section130. Any person who presents or causes to be presented. but not thereafter. by proclamation. twenty-three. not being qualified or no longer authorized to apply for public land under the Section127. files or induces or knowingly permits another person. All public auctions provided for in the foregoing chapters in the refuses or fails. During the existence and continuance of the Commonwealth and provisions of this Act. the President of the Philippines. or both. evidence. or corporations of the United States shall enjoy the same rights granted to associations shall be obliged to alienate said lands or improvements to others citizens and corporations of the Philippines under this Act. lease. which discourage. corporation. Any person who sells forms issued and distributed gratuitously under this Act or who. association or partnership which. in so far as it exists under such treaties. corporations.to persons. one hundred and twenty two. claim. shall continue and subsist in and be punished accordingly. Section128. so capacitated within the precise period of five years. and one hundred and twenty-three of this Act shall be unlawful and null and void from its execution and shall CHAPTER XV produce the effect of annulling and cancelling the grant. and one hundred and twenty-three of false affidavit in support of any petition. or PENAL PROVISIONS permit originally issued. shall be disposition of public lands shall be held. or cooperates in the presentation of. and any other provision or provisions restricting or tending to of the public domain. . wherever possible. one hundred and twenty-two. conveyance. or permanent improvements thereon. actually or presumptively. or aid to dissuade or corporations or associations organized and constituted by the same. shall be deemed guilty of perjury and punished restrict the right of persons. hold. CHAPTER XIV TRANSITORY PROVISIONS Section132. or associations to acquire. Any person who voluntarily and maliciously prevents or hinders in which the right to acquire. such persons. corporations. shall be deemed guilty of coercion right. thirty. Section129. or alienate land in the Philippines. and cause the reversion of the property and its improvements to the State. designate such land as the latter may contract made or executed in violation of any of the provisions of sections set aside for military. During the period specified in the next preceding section. twenty-one. The provisions of sections twenty-two. corporations or associations not legally capacitated to acquire the before the Republic of the Philippines is finally established. one hundred and twenty. the acquisition of public lands. or makes or causes to be made or cooperates in the making of a three. without sufficient reason. any false application. such property shall revert to the Government. otherwise. citizens and same under the provisions of this Act. Any person. or. encumber. the manner and to the extent stipulated in said treaties. dispose of. accordingly. naval or other reservations for use of the Government one hundred and eighteen. or Section125. being an officer charged with distributing them. upon receipt of the order of the President of the Section124. Section131. in the province punished for each offense by a fine of not more than one hundred pesos or by where the land is located. Section126. permanent or attempts to prevent or hinder the presentation of any application for improvements thereon or interests therein in the Philippines is recognized public land under this Act. or objection respecting lands this Act. title. or any interest therein. hold or dispose of such land. declaration. transfer. recognized or confirmed. or who in any manner attempts to execute or by existing treaties in favor of citizens or subjects of foreign nations and executes acts intended to dissuade or discourage. or other United States. in the office of the Bureau of Lands in Manila imprisonment for not more than three months. in the discretion of the court. to furnish the same. one hundred and of the United States. patent. alienation. shall.

are hereby repealed. in the proclamation announcing its effectiveness. in the discretion of the court. Section135. All laws and regulations. or repealed had never been incorporated in this Act. TITLE VII FINAL PROVISIONS CHAPTER XVI EFFECTIVENESS OF THIS ACT Section134. benefit or advantage. nineteen hundred and thirty-six unless the President shall. association or partnership to file an application in his or its the date so designated. shall be punished by a fine of not less than two hundred nor more than five thousand pesos or by Approved: November 7. or by the imprisonment for not more than five years. upon conviction. the provisions of law on the subject thereof in force prior to the approval of this Act shall govern until the Assembly shall otherwise provide in the premises. or property right of any class to the same. any section or provision of this Act is challenged in a competent court and is held to be unconstitutional. or both. shall. be punished by a fine of not more than five thousands pesos. disapproved. and any person aiding and abetting him therein or serving as a means or tool therefor. none of the other sections or provisions thereof shall be affected thereby and such other sections and provisions shall continue to govern as if the section or provisions so annulled. designate a prior date. in the discretion of the court. and the application shall be cancelled. shall by deceit or fraud acquire or attempt to acquire lands of the public domain or other real property or any right. If. title or interest. or both. This Act shall take effect on December first. and in lieu of the section or provision so annulled. Section133. in which case this Act shall take effect on . without having the qualifications required by this Act. Any person who. inconsistent with the provisions of this Act. or repealed. or parts thereof. disapproved. for any reason.corporation. Section136. 1936 imprisonment for not less than two months nor more than five years. behalf or for his or its interest.

Torrens system. provided. Officials and employees of the Commission. by virtue of the powers vested in me by the Constitution. Judicial government. Title of Decree. Land Registration Commission. including improvements and respectively. President of the Republic of of the Revised Administrative Code. The court through its clerk of court shall furnish the AMENDING AND CODIFYING THE LAWS RELATIVE TO REGISTRATION OF Land Registration Commission with two certified copies of all pleadings. that all instruments dealing with hereby order and decree the following: unregistered lands shall henceforth be registered under Section 113 of this Decree. shall the Philippines. for original registration of title to lands. Nature of registration proceedings. 3344. the decrees promulgated relative to the registration of certificates Spanish Mortgage Law may be recorded under Section 113 of this Decree. as the Commissioner and the Deputy Commissioner of Land interests therein. FERDINAND E. there is a need to update the Land Registration Act and to codify from the filing or issuance thereof. do continue to remain in force. PROPERTY AND FOR OTHER PURPOSES exhibits. in order to facilitate effective implementation of said laws. The books of registration for unregistered lands provided under Section 194 NOW. MARCOS. and decisions filed or issued in applications or petitions for land registration. and simplify registration proceedings and the issuance of certificates of title. The Land Registration Courts of First Instance shall have exclusive jurisdiction over all applications Commission shall have a chief and an assistant chief to be known. and over all petitions filed after original registration of title. geared to the massive and accelerated land reform and social justice program of the Section 2. of land transfer and emancipation patents issued pursuant to Presidential until the land shall have been brought under the operation of the Torrens Decree No. the country form an integral part of the property registration laws. within five days WHEREAS. orders. Section 5. there is created a commission to be known as the Land proceedings for the registration of lands throughout the Philippines shall be Registration Commission under the executive supervision of the Department in rem and shall be based on the generally accepted principles underlying the of Justice. it is deemed necessary to adopt lands recorded under said system which are not yet covered by Torrens title safeguards to prevent anomalous titling of real property. 1529 with power to hear and determine all questions arising upon such applications or petitions. Section 4. as amended by Act No. to strengthen the Torrens system. Hereafter. THEREFORE. Registration who shall be appointed by the President. 27 to hasten the implementation of the land reform program of system. I. The system of registration under the Spanish Mortgage Law is hereby discontinued and all WHEREAS. with the exception of stenographic notes. jurisdiction of courts. In order to have a more efficient execution of the laws relative to the registration of lands. and to streamline shall be considered as unregistered lands. Status of other pre-existing land registration system. the various laws relative to registration of property. This Decree shall be known as the PROPERTY REGISTRATION DECREE. CHAPTER I GENERAL PROVISIONS CHAPTER II THE LAND REGISTRATION COMMISSION AND ITS REGISTRIES OF DEEDS Section 1. Section 3. all instruments affecting lands originally registered under the WHEREAS.PRESIDENTIAL DECREE No. The Commissioner .

Commissioner and when there is a vacancy in the position until another person shall have been designated or appointed in accordance with law. or on appeal from They shall be assisted by such number of division chiefs as may be necessary decision of.1 of Budget promulgated relative to the registration of lands and issue. No. and other Section 6. He shall act as issuance by the Registers of Deeds of the corresponding Commissioner of Land Registration during the absence or disability of the certificates of title. compensation functions: and privileges as those of a Judge of the Court of First Instance. General Functions. shall receive salaries corresponding to the minimum of their (e) Implement all orders. . in the interest of the functioning of the Commission. and by a Chief Geodetic Engineer who shall each receive compensation at the rate of three thousand four hundred pesos per annum (d) Exercise executive supervision over all clerks of court less than that of the Deputy Commissioner. (2) The Land Registration Commission shall have the following All officials and employees of the Commission except Registers of Deeds shall functions: be appointed by the Secretary of Justice upon recommendation of the Commissioner of Land Registration. Commissioner may assign to him.shall be duly qualified member of the Philippine Bar with at least ten years of (1) The Commissioner of Land Registration shall have the following practice in the legal profession. plus sixty per centum thereof across the board. (c) Resolve cases elevated en consulta by.D. shall receive compensation which shall be three thousand of the courts in land registration proceedings and cause the pesos per annum less than that of the Commissioner. Registers of Deeds. and personnel of the Courts of First Instance throughout the Philippines with respect to the discharge of their duties and functions in relation to the registration of lands. agencies in the implementation of the land reform program of the government. and The salaries of officials and employees provided in this Decree shall be consolidation-subdivision survey plans of properties titled without prejudice to such benefits and adjustments as may from time to time under Act No. (f) Verify and approve subdivision. and decrees respective upgraded ranges as provided under paragraph 3. Circular No. by a Special Assistant to the Commissioner. decisions. The Deputy Commissioner. the Land Bank. All other officials and employees of the Land Registration Commission including those of the Registries of Deeds whose salaries are not herein provided. 273. all needful notwithstanding the maximum salary allowed for their respective civil rules and regulations therefor. service eligibilities. consolidation. 957. 496 except those covered by P. be granted by the President or by the legislature to government employees. and shall have the same rank. who shall possess the same qualifications as those required of (a) Issue decrees of registration pursuant to final judgments the Commissioner. subject to the approval of the Secretary of Justice. (a) Extend speedy and effective assistance to the Department of Agrarian Reform. The (b) Exercise supervision and control over all Registers of Deputy Commissioner shall also perform such other functions as the Deeds and other personnel of the Commission.

salaries. for purposes of salary adjustments in accordance with the rates hereinabove provided. recommendation of the Commissioner of Land Registration. Appointment of Registers of Deeds and their Deputies and other engaged in such practice for at least three years or has been employed for a subordinate personnel. of Deeds constitutes a public repository of records of instruments affecting . The Secretary of Justice shall define the official station and territorial The Secretary of Justice. average collection of more than sixty thousand pesos during the last three years shall have one Deputy Register of Deeds. The salaries of Registers of Deeds and their Deputies shall be at the following be removed from office or be demoted to a lower category or scale of salary rates: except for cause and upon compliance with due process as provided for by law. shall cause the reclassification of Registries based either on of Land Registration. There shall be at least one Register annum less than those of Registers of Deeds in second class of Deeds for each province and one for each city. Deputy Registers of Deeds and all other subordinate personnel of the Registries of Deeds shall be appointed by the Secretary of Justice upon the The Deputy Register of Deeds shall be a member of the Philippine Bar. registration of property. Office of the Register of Deeds. that no Register of Deeds or Deputy Register of Deeds holding office as such upon the passage of this Decree shall by reason hereof. with the end in view of making every registry easily work load or the class of province/city. (3) Third Class Registries The salaries of Registers of Deeds in third class Registries shall be three thousand four hundred pesos per Section 7. classification. No person shall be appointed Register of Deeds unless he has been admitted to the practice of law in the Philippines and shall have been actually Section 8. shall have one Deputy Register of Deeds and one second annum less than those of their corresponding Registers of Deeds and Deputy Register of Deeds. (1) First Class Registries The salaries of Registers of Deeds in first class Registries shall be three thousand four hundred pesos per Section 10. and every Registry with a (4) The salaries of Deputy Registers of Deeds and Second Deputy yearly average collection of more than three hundred thousand pesos during Registers of Deeds shall be three thousand four hundred pesos per the last three years. Every Registry with a yearly Registries. Qualifications of Registers of Deeds and Deputy Registers of national funds. whichever will result in a higher accessible to the people of the neighboring municipalities. (b) Extend assistance to courts in ordinary and cadastral (2) Second Class Registries The salaries of Registers of Deeds in land registration proceedings. Deeds. second class Registries shall be three thousand four hundred pesos per annum less than those of Registers of Deeds in first class (c) Be the central repository of records relative to original Registries. however. Provided. Registers of Deeds shall be appointed by the like period in any branch of government the functions of which include the President of the Philippines upon recommendation of the Secretary of Justice. General functions of Registers of Deeds. The province or city shall furnish a suitable space or building for the office of the Register of Deeds until such time as the same could be furnished out of Section 9. including subdivision and consolidation plans of titled lands. Deputy Registers of Deeds. registration of lands titled under the Torrens system. The office of the Register annum less than that of the Deputy Commissioner. upon recommendation of the Commissioner of Land jurisdiction of each Registry upon the recommendation of the Commissioner Registration. respectively.

Who may apply. whether such additional compensation together with his actual salary not to personally or through their duly authorized representatives: exceed the salary authorized for the position thus filled by him. He shall perform such other functions as may. and advising him of his right prepared in the name of each registered owner which shall contain a list of all to appeal by consulta in accordance with Section 117 of this Decree. or by the second be assigned to him by the Commissioner. unless the Secretary of Justice designates another in the Land Registration Commission who shall be the technical adviser of the official to act temporarily in his place: Commission on all matters involving surveys and shall be responsible to him for all plats. If the instrument is not registerable. Discharge of duties of Register of Deeds in case of vacancy. an annual inventory of all titles and occasion of the absence. in the order in which they are Section 13. by the Provincial or City Fiscal. For this purpose. of Deeds. or any Assistant Fiscal designated by the Provincial or I City Fiscal. ORDINARY REGISTRATION PROCEEDINGS (2) In case of absence. Register of Deeds to discharge his duties. the Secretary of Justice may. or upon the the end of December of each year. or in case of vacancy in the position. He shall also submit to the Commission at province or city. should there be one. lands registered in his name. by said Deputy Register of Deeds. establishment of a Registry of Deeds and the appointment of a regular Register of Deeds for the new province or city. or inability of the instruments in his Registry. plans and works requiring the services of a geodetic engineer in (a) For the province or city where there is a Deputy Register said office. There shall be a Chief Geodetic Engineer mentioned below. CHAPTER III (b) For the province or city where there is no Deputy or ORIGINAL REGISTRATION second Deputy Register of Deeds. illness. suspension. Chief Geodetic Engineer. Deputy Register of Deeds. . said duties shall be performed by the following officials. stating the ground or reason therefor. he shall an index system which shall contain the names of all registered owners forthwith deny registration thereof and inform the presentor of such denial alphabetically arranged. or in case of vacancy in the office. reports. in his discretion. Owner's Index. etc. Court of First Instance an application for registration of title to land. The following persons may file in the proper an additional compensation to the official acting as Register of Deeds. disability or suspension of the Register of A. authorize the payment of Section 14. APPLICATIONS Deeds without pay. an index card which shall be in writing. The Register of Deeds shall submit to the Land Registration Commission within ten days after the month to which they pertain his monthly reports on (1) Until a regular Register of Deeds shall have been appointed for a collections and accomplishments.registered or unregistered lands and chattel mortgages in the province or city (3) In case of a newly-created province or city and pending wherein such office is situated. Section 11. He shall see to it that said instrument bears the proper documentary and science stamps and that Section 12. which complies with all the requisites for registration. from time to time. the Register of It shall be the duty of the Register of Deeds to immediately register an Deeds of the mother province or city shall be the ex-officio Register instrument presented for registration dealing with real or personal property of Deeds for said new province or city. There shall be prepared in every Registry the same are properly canceled.

(3) Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws. unless prohibited by the instrument creating the accordance with Section 14 of said Decree). if the interest have been in open. and sworn to before any officer authorized to administer oaths for the parcel/s is/are situated. the latter shall be substituted for the applicant and may AND DECLARE . The undersigned. whether single or . exclusive and notorious marriage has been legally dissolved. be substantially as follows: prescription under the provision of existing laws. all the co-owners shall file the application jointly. building and improvements thereon. . It shall also state the full names and addresses of all occupants of public domain under a bona fide claim of ownership since June 12. if married. the name of the wife or husband. and. signed by the application or the person duly authorized in his _________________________ The said land. together with the trust. bounded and described as shown on the province or city where the application was actually signed. consisting of ____________________ behalf. married. with the following behalf of each. shall. with the exception of the following:__________________________________________________________________ Section 15. 1. The application shall contain a description of the land and exception:___________________________________________________________________ shall state the citizenship and civil status of the applicant. if not known. or earlier. shall state the extent of the search made to find them. however. Where the land is owned in common. in form. the vendor a retro may applies (or apply) to have the land hereinafter described brought under the file an application for the original registration of the land. the application shall be signed and sworn to by and in hereof. That the applicants/s is/are the owners of the land (by virtue of A trustee on behalf of his principal may apply for original registration of any inheritance or deed of sale or conveyance and/or possession in land held in trust by him. when and how the marriage relation possession and occupation of alienable and disposable lands of the terminated. Republic of the Philippines (4) Those who have acquired ownership of land in any other manner Court of First Instance of _________________ provided for by law. If there is more plan and technical descriptions attached hereto and made a part than one applicant. . the land and those of the adjoining owners. and. if known. and. continue the proceedings. (2) Those who have acquired ownership of private lands by The application. and to have the title thereto that should the period for redemption expire during the pendency of the registered and confirmed: registration proceedings and ownership to the property consolidated in the vendee a retro. The application for land registration shall be which is/are the property of _________________________ residing at in writing. continuous. provided. it 1945. (1) Those who by themselves or through their predecessors-in. . Form and contents. . operation of the Property Registration Decree. ____________________________________________________________hereby Where the land has been sold under pacto de retro.

That the names in full and addresses. That the applicant's/s' full name. property is conjugal. That (Note: If the land included in the application is bounded by a ____.2. of the persons mentioned in paragraphs 3 and 5.) mortgage or encumbrance of any kind whatsoever affecting said ________________________________________ ___________________________ land. citizenship. are as follows: _______________________________________________________________________________ _________ 7. there should be stated in this at P ___________. residence. That the following documents are attached hereto and made a _______________________________________________________________________________ part hereof: ___________________________________ ________________________________ 4. That said land at the last assessment for taxation was assessed at P 9. That to the best of my/our knowledge and belief. or in possession. and the buildings and other improvements public or private way or road. age. state when and how the marriage relation terminated. paragraph whether or not the applicant claims any and what land within the limits of the way or road and whether the applicant 3. in the year nineteen hundred and (Note: Refer to Sec. That the applicant/s is/are single or married to ____________________ (Note: if marriage has been legally dissolved. legal or equitable. of the owners of all adjoining properties. nor any other person having any interest therein. That said land is occupied by the following person: _____________________________ ______________________________________________ 6.)_________________________________________________________________ _____________________ 8. and postal address/es is/are as follows: ___________________________________________________________________ . as far as known to the undersigned. paraphernal or exclusive property of the applicant/s) 5. That the applicant/s has/have acquired said land in the following manner: ________________________________ Signed at ___________________ this _____________________ day of ____________________. Philippine currency. Philippine currency. State also whether the ______________________. and of the persons shown on the plan as claimants. there is no desires to have the line of the way or road determined. other than as follows: 10. 14 of said Decree.

_________________ issued at ___________________ _ dated ____________. 19 __________.named __________________________________________________ known to me to be the person/s who executed the foregoing application and made oath that the statements therein are true of his/their knowledge. The Residence Certificate/s _ ______________________ of the applicant/s ______________ was/were _ exhibited to me being No. _ _ _ A p p l i c a n t _________________________ (Post Office Address) REPUBLIC OF THE PHILIPPINES PROVINCE (OR CITY) OF _______________ On this _______________ day of _________________________. information and belief.19 ________ personally appeared before me the above. .

a r y P u b l i c . o r o t h e r O f f i c e r a u t h o r i z e .

and whether the applicant desires to full name and postal address. Amendments. The made upon the applicant within the Philippines. giving his within the limits of the way or road. Requirement of additional facts and papers. If the application Section 16. ocular inspection. Section 17. he shall file with his application an instrument in due form state whether or not the applicant claims any and what portion of the land appointing an agent or representative residing in the Philippines. Non-resident applicant. Dealings with land pending original registration. and shall therein agree that the service of any have the line of the way or road determined. registration be issued in the name of the person to whom the property has been conveyed by said instruments. _ Amendments to the application including joinder. Application covering two or more parcels. _ substitution. After the filing of be filed with the Court of First Instance of the province or city where the land the application and before the issuance of the decree of registration. necessary. The application for land registration shall Section 22. and. An application may include two or more parcels of land belonging to the applicant/s provided B. PUBLICATION. after notice to the The clerk of court shall not accept any application unless it is shown that the parties. legal process in the proceedings under or growing out of the application made upon his agent or representative shall be of the same legal effect as if Section 21. Section 20. or order that the decree of and all annexes. What and where to file. The applicant shall file together with the application all original therein described may still be the subject of dealings in whole or in part. in muniments of titles or copies thereof and a survey plan of the land approved which case the interested party shall present to the court the pertinent by the Bureau of Lands. _ Amendments which shall _ consist in a substantial change in the boundaries or _ land applied for or which involve the inclusion of an an increase in area of the additional land shall be _subject to the same requirements of publication and notice as in an original application. order an application to be _ amended by striking out one or more of the parcels or by a severance of the_application. if the application. Section 18. _ Section 19. the applicant shall forthwith make another prescribed by this Decree not inconsistent therewith and may require the appointment for the substitute. If the agent or representative court may require facts to be stated in the application in addition to those dies. the land is situated. The court may at any time . When land applied for borders on road. or leaves the Philippines. It may also conduct an ocular inspection. or discontinuance as to parties may be allowed by the court at _ any stage of the proceedings upon just and reasonable terms. if he fails to do so the court may dismiss filing of any additional paper. it shall Philippines. OPPOSITION AND DEFAULT they are situated within the same province or city. shall order such land registered subject to the conveyance or applicant has furnished the Director of Lands with a copy of the application encumbrance created by said instruments. instruments together with a subdivision plan approved by the Director of Lands in case of transfer of portions thereof and the court. If the applicant is not a resident of the describes the land as bounded by a public or private way or road.

to the Provincial Governor. or by his deputy. of initial hearing to be mailed to every person named in the notice whose address is known. Notice of initial hearing. the Commissioner of Land Registration shall cause a copy of said notice of initial hearing to be mailed to the Secretary of Public Highways. the Director of Forest Development. the Provincial Governor and the Mayor. as may be appropriate. in form. or on an arm of the sea where a river or harbor line has been established. Said notice shall be Mines and/or the Director of Fisheries and Aquatic addressed to all persons appearing to have an interest in the land Resources. and (3) posting. involved including the adjoining owners so far as known. within the municipal building of the municipality or city in which the land seven days after publication of said notice in the Official or portion thereof is situated. notice of the initial hearing shall be given in a newspaper of general circulation in the Philippines: Provided. be substantially as follows: to have the line of a public way or road determined. By publication. sheriff of the province or city. The Commissioner of Land Registration shall also cause a duly attested copy of the notice of initial hearing to be posted by the 2. cause a copy of the notice of initial hearing. (c) Mailing of notice to the Secretary of Agrarian Reform. By mailing. The court shall. The court may also cause notice to be served to such other persons and in such manner as it may deem proper. or shore. publication. the land registration by means of (1) publication. Said notice shall also require all persons 3. as the case may be. in a conspicuous place on each parcel of land included in the (a) Mailing of notice to persons named in the application. or on a lake. hour of the initial hearing which shall not be earlier than forty-five days nor later than ninety days from the date of the order. as hereinbefore provided. fourteen days at least before the date Gazette. navigable stream 1. and to the (Caption and Title) . that the publication in the Official Gazette shall be Solicitor General. (2) mailing. the Director of The public shall be given notice of the initial hearing of the application for Public Works. or if it otherwise appears Upon receipt of the order of the court setting the time for initial from the application or the proceedings that a tenant-farmer hearing. the Commissioner of Land Registration shall cause notice of or the national government may have a claim adverse to that initial hearing to be published once in the Official Gazette and once in of the applicant. within Mayor of the municipality or city. and "to all whom it may concern".Section 23. the Director of Lands. Director of Mines and the Director of Fisheries and Aquatic Resources. the however. If the applicant requests The notice of initial hearing shall. the Director of Lands. etc. the Director of sufficient to confer jurisdiction upon the court. If the land borders on a river. the same manner to the Secretary of Agrarian Reform. (b) Mailing of notice to the Secretary of Public Highways. application and also in a conspicuous place on the bulletin board of The Commissioner of Land Registration shall also. By posting. the Solicitor General. issue an order setting the date and which the land lies. as the case may be. concerned to appear in court at a certain date and time to show cause why the prayer of said application shall not be granted. in five days from filing of the application.

or within such further the Court. objections to the application and shall set forth the interest claimed by the party filing the same and apply for the remedy desired. t . The certification of the Commissioner of Land Registration and of the sheriff concerned to the effect that the notice of initial hearing. in the year 19______. _____________ o'clock in the _________ then and there to present such claims as you may have to said lands or any portion thereof. NOTICE OF INITIAL HEARING t e s t : To (here insert the names of all persons appearing to have an interest and the adjoining owners so far as known. ________________________ Judge of the Court of First Instance of _______ this _______ day of _________________. The opposition shall state all the application (or petition) or any decree entered thereon. or overlapping of boundaries. has been complied with You are hereby served this notice to appear before this Court at its session to shall be filed in the case before the date of initial hearing. and unless you appear at said Court at the time and Section 25. at conclusive proof of such fact. and shall be signed and sworn to by him or by some other duly authorized person. and shall be be held at _________________ on the ______________ day of _______________. in case of petition in cadastral proceedings) on of title to the following described lands: (Insert description) Section 24. whether named in the notice or not. may appear and file adjudicated and determined in accordance with law and the evidence before an opposition on or before the date of initial hearing. your default will be recorded and the title to the lands will be claiming an interest. the Hon. Proof of publication and notice. conflicting claims of ownership or possession. Witness. If the opposition or the adverse claim of any person covers only a portion of the lot and said portion is not properly delimited on the plan attached to the application. as required by law. or in case of undivided co-ownership. and to submit evidence in support of such claim. and thereafter you will forever be barred from contesting said time as may be allowed by the court. the court may require the parties to submit a subdivision plan duly approved by the A Director of Lands. Any person place aforesaid. 19 ______. Opposition to application in ordinary proceedings. and to all whom it may concern): Commissi oner of An application (or petition) having been filed in the above-entitled case by Land (full name and address) praying for the registration and confirmation (or for Registrati the settlement and adjudication.

all the case to be recommitted for further proceedings: particular estates. If the court. hour and minute of its entry.Section 26. if it deems necessary. and also. or order owner. that the court may land as finally determined by the court. duty to cause issuance of concluded by the default order. all the world are made parties defendant and shall be Section 30. and the referee shall Commissioner shall bear the date. no reason to judgment shall be rendered confirming the title of the applicant. Decree of registration. it shall state the court may render judgment in accordance with the report as though the facts nature of disability. and termination of such hearing. the court shall. Commissioner of Land Registration and the Director of Lands. his age. and if a minor. if any. All conflicting claims of ownership and and all branches thereof. The in the name of both spouses. upon motion of the applicant. in such manner as to show their relative priorities. court as in ordinary civil cases. Judgment confirming title. attachments. to which the land or Section 28. and shall be submit his report thereon to the Court within fifteen days after the signed by him. however. easements. the decree shall be issued reasonable notice thereof shall have been served the parties concerned. Order of default. a default order of notice of the judgment. finds that the . including rights of tenant-farmers. When judgment becomes final. liens. effect. registration. and shall set forth the estate of the in its discretion accept the report. however. If no person appears and answers within applicant or the oppositor has sufficient title proper for registration. The trial court shall see to to the Commissioner for the issuance of the decree of registration and the it that all registration-proceedings are disposed or within ninety days from corresponding certificate of title in favor of the person adjudged entitled to the date the case is submitted for decision. the same being included in the general description "To all whom it court. or set it aside in whole or in part. or the the contrary appearing. may refer the case or any part thereof to a Section 31. C. Speedy hearing. HEARING JUDGMENT AND DECREE OF REGISTRATION After judgment has become final and executory. By the description in the notice "To all Whom It May Concern". reference to a referee. It shall be conclusive upon and against all persons. The judgment rendered in a land registration proceedings becomes final upon the expiration of thirty days to be counted from the data of receipt Where an appearance has been entered and an answer filed. In a case where only a portion of the land owner's estate is subject. after considering the evidence and the reports of the may concern". that if the convenient place within the province or city as may be fixed by him and after land adjudicated by the court is conjugal property. the time allowed. only to such exceptions or liens as may be provided by law. An appeal may be taken from the judgment of the shall be entered against persons who did not appear and answer. It shall state whether the owner is married or unmarried. mortgages. order a default to be recorded and require the oppositor. applicant to present evidence. including the National Government Section 29. as well as any other matters properly to be subject of registration is contested. provided that a subdivision plan showing the contested and uncontested portions approved by the Director of Lands is previously submitted to said The decree of registration shall bind the land and quiet title thereto. subject court. whether mentioned by name in the application or interest in the land subject of the application shall be determined by the notice. If the owner is under disability. Every decree of registration issued by the referee who shall hear the parties and their evidence. the court may render partial judgment determined in pursuance of this Decree. Partial judgment. to the land or portions thereof. decree. and other encumbrances. The Court. the name of the husband or wife: Provided. It shall contain a description of the have been found by the judge himself: Provided. it shall devolve upon the court to forthwith issue an order in accordance with Section 39 of this Decree Section 27. Hearing before a referee may be held at any if married.

he may to this end direct and order the Director of deprived of land or of any estate or interest therein by such adjudication or Lands to cause to be made a cadastral survey of the lands involved confirmation of title obtained by actual fraud. etc. II CADASTRAL REGISTRATION PROCEEDINGS (d) It shall be the duty of every person claiming an interest in the lands to be surveyed. of an interest therein. which notice shall be posted in the bulletin board of the municipal building of the municipality or barrio in which the lands Section 34. it shall be deemed to include an innocent lessee. accurately as possible the description of the lands to be surveyed. SURVEY. ORDER FOR SPEEDY SETTLEMENT AND ADJUDICATION. (c) The Geodetic Engineers or other employees of the Bureau of Section 33. Review of decree of registration. however. the Director of Lands shall give notice to persons by the court where an innocent purchaser for value has acquired the land or claiming any interest in the lands as well as to the general public. be applicable to land monuments set up in proper places thereon. of the notice in English or the national language shall be posted in a conspicuous place on the bulletin board of the municipal building of Upon the expiration of said period of one year. mortgagee. insofar as not are situated. . Innocent purchaser for value. but in no case shall such petition be entertained (b) Thereupon. and adjudicated. nor by (a) When in the opinion of the President of the Philippines public any proceeding in any court for reversing judgments. The Rules of Court shall. Cadastral Survey preparatory to filing of petition. Rules of procedure. to file in the proper Court of and the plans and technical description thereof prepared in due First Instance a petition for reopening and review of the decree of form. or in any parcel thereof. and shall mark the boundaries of the lands by inconsistent with the provision of this Decree. Whenever the phrase the day on which such survey will begin. Any person A copy of the notice shall also be sent to the mayor of such aggrieved by such decree of registration in any case may pursue his remedy municipality as well as to the barangay captain and likewise to the by action for damages against the applicant or any other persons responsible Sangguniang Panlalawigan and the Sangguniang Bayan concerned. registration not later than one year from and after the date of the entry of such decree of registration. subject. to the interest so requires that title to any unregistered lands be settled right of any person. It shall be lawful for registration and cadastral cases by analogy or in a suppletory character and such Geodetic Engineers and other employees to enter upon the whenever practicable and convenient. or other Such notice shall be punished once in the Official Gazette. decree of registration shall not be reopened or revised by reason of absence. minority. the decree of registration and the municipality in which the lands or any portion thereof is situated. The Section 35. the Geodetic Engineer upon his request therefor all information NOTICES possessed by such person concerning the boundary lines of any lands to which he claims title or in which he claims any interest. lands whenever necessary for the purposes of such survey or the placing of monuments. including the government and the branches thereof. whose rights may be prejudiced. or other disability of any person adversely affected thereby. the certificate of title issued shall become incontrovertible. to communicate with A. and a copy encumbrancer for value.Section 32. for the fraud. The judgment and orders of the court Lands in charge of the survey shall give notice reasonably in advance hearing the land registration case are appealable to the Court of Appeals or to of the date on which the survey of any portion of such lands is to the Supreme Court in the same manner as in ordinary actions: begin. giving as fully and "innocent purchaser for value" or an equivalent phrase occurs in this Decree. Appeal from judgment.

the plan shall indicate the boundaries or limits of the various parcels (c) The name of the barrio and municipality in which the lots are as accurately as possible. The answer shall be signed and holders. be numbered far as known to the claimant. as appearing on right or interest therein. by a plan thereof. which numbers shall be known as "cadastral lot numbers". consecutively beginning with number "one". The parcels shall be known as "lots" and shall on situated. or occupants of such lands or any part thereof. except by order of court. be settled and adjudicated and praying that such titles be so settled and the name of the spouse and the date of marriage. Petition for registration. shall before the court by himself or by some other authorized person in his behalf. stating in substance that public interest requires that the title to such lands and shall state whether the claimant is married or unmarried. and only one series of numbers shall be used for that purpose in each municipality. institute original registration proceedings by filing the necessary petition in and shall file an answer on or before the date of initial hearing or within such the Court of First Instance of the place where the land is situated against the further time as may be allowed by the court. no express grant of the land by the government to him or to his predecessors-in-interest. as far as practicable. or both. the Director of Lands. his nationality. (e) Any person who shall willfully obstruct the making of any survey The cadastral number of a lot shall not be changed after final decision has undertaken by the Bureau of Lands or by a licensed Geodetic been entered decreasing the registration thereof. shall be punished by a be known as its "cadastral letter": Provided. ANSWER B. the plan filed in the case by the Director of Lands. PETITION. The letter with which a subdivision is designated shall survey posted on the land pursuant to law. not more than one year. When the lands have been surveyed or cadastral proceedings. the plan filed in the case be given separate numbers by the Director of Lands. Engineer duly authorized to conduct the survey under this Section. However in cities or townsites. the answer shall state the length of time he has held such possession and the manner in which it has been . and shall also contain: The petition shall contain a description of the lands and shall be accompanied (a) The age of the claimant. represented by the Solicitor General. that the subdivisions of fine of not more than one thousand pesos or by imprisonment for cities or townsites may be designated by blocks and lot numbers. shall appear plotted. as the case may be. C. and if married. residence adjudicated: and postal address. or the block and lot numbers. or shall destroy or remove any notice of subdivisions pertain. sworn to by the claimant or by some other authorized person in his behalf. however. The lots situated (d) The names and addresses of the owners of the adjoining lots so within each municipality shall. whether named in the notice or not. claimants. Answer to petition in cadastral proceedings. a designation of the landholdings by blocks and lot numbers may (e) If the claimant is in possession of the lots claimed and can show be employed instead of the designation by cadastral lot numbers. and may contain such other data as may serve to furnish full notice to the occupants of the lands and to all persons who may claim any (b) The cadastral number of the lot or lots claimed. Future subdivisions of any lot shall be designated by a letter or letters of the or shall maliciously interfere with the placing of any monument or alphabet added to the cadastral number of the lot to which the respective remove such monument. Where the land consists of two or more parcels held or occupied by different persons. LOT NUMBERS Section 37. Any claimant in Section 36. possessors.

reconsidered. The original of the original certificate of title shall also be signed by the Commissioner and shall (g) if the lots have been assessed for taxation. The decree of registration shall be signed by the Commissioner. as far as known. to the Register of value. Transfer Certificate of Title. Section 39. if any. together with the owner's duplicate certificate. but all outstanding certificates of title so issued shall be surrendered ordinary land registration proceedings. The owner's duplicate governed by the same rules. The same shall be bound in within fifteen days from entry of judgment. Judgment. whenever the Register of Deeds shall register any subsequent voluntary transaction affecting the whole land or part thereof or any interest therein. The subsequent certificate of title directing the Commissioner to issue the corresponding decree of registration that may be issued by the Register of Deeds pursuant to any voluntary or and certificate of title. The clerk of court shall send. Owner's duplicate certificate of title. D. or if the co- certificates of title in favor of said persons and shall have the same effect as owners so desire. as far as known. affecting the lots and the names of adverse claimants. held possession. The Register Section 38. amended. Thereupon. Upon receipt by the Register of Deeds of the original and duplicate copies of the original certificate of title the same shall be entered in his record book and shall be numbered. certificate of title. shall be conducted. title shall be filed in the Registry of Deeds. Preparation of decree and Certificate of Title. certified copies of the judgment and of the order of the court Section 43. the The original certificate of title shall be a true copy of the decree of answer shall fully set forth the interest claimed by him and the time registration. and manner of his acquisition. (h) The encumbrances. nor appealed. CHAPTER IV The Register of Deeds shall note on each certificate of title a statement as to CERTIFICATE OF TITLE whom a copy thereof was issued. (f) If the claimant is not in possession or occupation of the land. HEARING. and shall also state the length of time. Decree. DECREE signed and sealed by the Register of Deeds with the seal of his office. Section 40. and orders for default and confessions entered. The trial of the case may occur at any of Deeds shall forthwith send notice by mail to the registered owner that his convenient place within the province in which the lands are situated and owner's duplicate is ready for delivery to him upon payment of legal fees. After the judgment Section 42. Entry of Original Certificate of Title. Registration Books. If two or more persons are registered owners. issue an order directing the consecutive order together with similar certificates of title and shall Commissioner to issue the corresponding decree of registration and constitute the registration book for titled properties. the court shall. if any. within fifteen days from entry of judgment. in the same manner as in ordinary land registration proceedings and shall be Section 41. dated. entered and filed in the Land Registration Commission. JUDGMENT. Commissioner shall cause to be prepared the decree of registration as well as the original and duplicate of the corresponding original certificate of title. All conflicting interests shall be adjudicated by certificate of title shall be delivered to the registered owner or to his duly the court and decrees awarded in favor of the persons entitled to the lands or authorized representative. the during which the predecessors. one to parts thereof and such decrees shall be the basis for issuance of original owner's duplicate certificate may be issued for the whole land. and has become final. their last assessed be sent. The original copy of the original certificate of directing the registration of title to land has become final. and Deeds of the city or province where the property is situated for entry in his registration book. Hearing. Said certificate of title shall take effect upon the date of entry thereof. and a certificate stating that the decision has not been . a separate duplicate may be issued to each of them in like certificates of title granted on application for registration of land under form. acquired.

or Third. or to change the laws of descent. A certificate of title shall not be subject to collateral attack. including their civil status. and the volume and Section 46. Every registered owner receiving a registered land or the owners thereof from any rights incident to the relation certificate of title in pursuance of a decree of registration. namely: partition between co-owners. each containing one or more Fourth. or pursuant to. same land and also the fact that it was originally registered. or any government irrigation canal or lateral thereof. or from liability to any lien of any description established and in good faith. cancel it together with its original and issue in lieu thereof separate certificates as desired. Registered land shall be page of the registration book in which the latter is found. upon the surrender of the owner's duplicate. or from liability to attachment or subsequent purchaser of registered land taking a certificate of title for value levy on execution. shall other law or regulations on agrarian reform. and every of husband and wife. No title to registered years immediately preceding the acquisition of any right over the land in derogation of the title of the registered owner shall be acquired by land by an innocent purchaser for value. or to relieve such land from liability to be recovered by an assignee First. if the certificate of title does not state that the boundaries of such highway Section 49. or the rights of may be subsisting. the names of their respective spouses. and parcels thereof. it shall be issued in the names of both spouses. or consolidation of titles. entitled "Transfer Certificate of Title". Statement of personal circumstances in the certificate. If the property covered belongs to the conjugal certificate shall show the number of the next previous certificate covering the partnership. Every covered by separate certificates of title desiring to have in lieu thereof a certificate of title shall set forth the full names of all persons whose interests single certificate for the whole land. Second. and the latter. Presidential Decree No. 27 or any concerned. landlord and tenant. by law. claims or rights arising or existing under the laws and in insolvency or trustee in bankcruptcy under the laws relative to Constitution of the Philippines which are not by law required to preferences. shall hold the same free from all encumbrances except by law on the land and the buildings thereon. Nothing contained in this decree shall in any way be construed to relieve Section 44. as well as their citizenship. or the right to take the same by eminent domain. the number of the original certificate of title. Any disposition of the property or limitation on the use parcels. and likewise issued in duplicate. or several certificates for the different make up the full ownership in the whole land. except as otherwise subsequent purchasers or encumbrancers of record. giving the record number. Certificate not subject to collateral attack. Unpaid real estate taxes levied and assessed within two Section 47. or on the interest of the owner those noted in said certificate and any of the following encumbrances which in such land or buildings.involuntary instrument relating to the same land shall be in like form. provided in this Decree. or to change or affect in any way other rights or liabilities appear of record in the Registry of Deeds in order to be valid against created by law and applicable to unregistered land. Any public highway or private way established or recognized canceled except in a direct proceeding in accordance with law. A registered owner of several or irrigation canal or lateral thereof have been determined. Registered land not subject to prescriptions. modified. General incidents of registered land. Splitting. without prejudice to the prescription or adverse possession. may also file a written request with the Register of Deeds . Section 48. if married. right of the government to collect taxes payable before that period from the delinquent taxpayer alone. A registered owner of several distinct parcels of land Section 45. Liens. subject to such burdens and incidents as may arise by operation of law. may file a written request for that purpose with the Register of Deeds thereof by virtue of. distinct parcels of land embraced in and covered by a certificate of title desiring in lieu thereof separate certificates. The residence and postal address. It cannot be altered. Statutory liens affecting title.

passageway or open space. nor order the cancellation of the said separate certificates as desired. 957. registered land may convey. requiring new technical descriptions. mortgage. register the same in the same in accordance with existing laws. filing or entering. lease. The act of registration shall be the operative act to convey or affect the land insofar as third persons are concerned. city or municipality. leases or other voluntary instruments as are sufficient in law. passageways and I waterways. as amended: mortgages. Presentation of owner's duplicate upon entry of new certificate. No. shall file with the SUBSEQUENT REGISTRATION Commissioner of Land Registration or with the Bureau of Lands a subdivision plan of such land on which all boundaries. if registered. lease. and as they will appear after the consolidation. or of any decree or plan.concerned. closed or otherwise disposed of by the registered owner without the approval of the Court of First Instance of the province or city in which the land is situated. shall file with the Land Registration Commission. Subdivision and consolidation plans. but shall operate only as a contract between the national government. The Commission may not order or cause any change. Section 53. and in all cases under this Decree. a consolidation plan on which shall be shown the lots to be affected. streets. Constructive notice upon registration. province. modification. or amendment in the contents of any certificate of title. But Provided. charge or otherwise deal with without requiring further court approval of said plan. judgment. or other voluntary instrument. a purporting to convey or affect registered land shall take effect as a memorandum to the effect that except by way of donation in favor of the conveyance or bind the land. and issue in lieu thereof one or registered under the Torrens system. Any owner subdividing a tract of registered land into lots which do not constitute a subdivision project CHAPTER V has defined and provided for under P. instrument or entry consolidation plan duty approved by the Commission. waterway or open space so delineated on the plan shall be registration. the Register of Deeds shall. if any. the Register of Deeds affecting registered land shall. Conveyance and other dealings by registered owner. as they were before. shall be distinctly and accurately delineated. lease. and the latter. that the Register of Deeds shall annotate on the new no deed. unless the . however. no portion of any street. the registration shall be made in the office of the Register of Deeds for the A registered owner desiring to consolidate several lots into one or more. VOLUNTARY DEALINGS WITH REGISTERED LANDS If a subdivision plan. He may use such forms of deeds. order. relates lies. Section 52. be it simple or complex. lien. except a will certificate of title covering the street. shall including the technical description therein. certificate of title and the issuance of a new one which would result in the enlargement of the area covered by the certificate of title. Upon the surrender of the owner's duplicate certificates and the receipt of mortgage. No voluntary instrument shall be registered by the Register of Deeds. Every conveyance. Section 50. parties and as evidence of authority to the Register of Deeds to make passageway. attachment. province or city where the land lies. filed or entered in the office of concerned shall cancel the corresponding certificates of title and issue a new the Register of Deeds for the province or city where the land to which it one for the consolidated lots. upon the surrender of the owner's duplicates. An owner of certificate of title is presented for registration. accordance with the provisions of the Land Registration Act. covering any real property cancel them together with their originals. duly approved by the GENERAL PROVISIONS Commissioner of Land Registration or the Bureau of Lands together with the approved technical descriptions and the corresponding owner's duplicate Section 51. be constructive notice to all persons from the time of such registering.D. mortgage.

All names and addresses shall also be entered on all certificates. All interests in registered land less than ownership shall government as well as the provincial and city governments shall be exempt be registered by filing with the Register of Deeds the instrument which from the payment of such fees in advance in order to be entitled to entry and creates or transfers or claims such interests and by a brief memorandum registration. and shall be binding. residence and postal address of of Land Registration. private lands. After the entry of the decree of registration on the original shall keep a primary entry book in which. any subsequent registration procured by the shall enter. for to show that such corporation or association is legally qualified to acquire cause shown. shall bear the same date: Provided. so filed The cancellation or extinguishment of such interests shall be registered in the with the Register of Deeds shall be numbered and indexed and endorsed with same manner. the grantee or other person acquiring or claiming an interest under such instrument. in its discretion. all instruments including copies of presentation of a forged duplicate certificate of title. to be stated. however. when made on the certificate of title to the ownership or title from the owner or from the transferee of the which it refers. in favor of every purchaser the addresses given. Every deed or other instrument. how registered. may prescribe.. Any change in the residence or postal address of such person shall be endorsed by the Register of Deeds on the original copy of the The production of the owner's duplicate certificate. A similar memorandum shall also be made on the owner's duplicate. legal and equitable remedies against the parties to such fraud without prejudice. subject to such reasonable voluntary instrument presented for registration shall contain or have regulations as the Register of Deeds. Notices and processed issued in relation to registered land in pursuance of and the new certificate or memorandum shall be binding upon the registered this Decree may be served upon any person in interest by mailing the same to owner and upon all persons claiming under him. endorsed . preliminary process in registration. Grantee's name. whether such person resides for value and in good faith. the owner may pursue all his justice so requires. a reference to the proper certificate of title. the registered owner to the Register of Deeds to enter a new certificate or to make a memorandum of registration in accordance with such instrument. They shall be regarded as registered from the time so noted. No new certificate received. that the national registered owners. as a instrument.owner's duplicate certificate is presented with such instrument. within or without the Philippines. Each Register of Deeds certificate of title. and shall be entered or issued pursuant to any instrument which does not divest the memorandum of each instrument. the instrument must contain a recital cases expressly provided for in this Decree or upon order of the court. hour and minute of reception of all instruments. to the rights of any innocent holder for value of a Section 56. upon receiving a sworn statement of such instrument is presented for registration. whenever any voluntary corresponding certificate of title. if in its opinion the interest of In all cases of registration procured by fraud. nationality. nationality. upon payment of the entry fee. certified copies. except in grantee is a corporation or association. shall be conclusive authority from change. but the court may. whether voluntary or involuntary. etc. If the copies and shall be attested and sealed by the Register of Deeds. Every deed or other public in the same manner as court records. Primary Entry Book. and signed by him. require further or other notice to be given in any case. and every deed shall also state whether the grantee is married or All deeds and voluntary instruments shall be presented with their respective unmarried. under the direction of the Commissioner endorsed upon it the full name. and if married. the name in full of the husband or wife. he petition or application. thereof made by the Register of Deeds upon the certificate of title. He shall. in the order in which they were Section 54. in the order of their reception. shall be null and void. note in such book the date. or a forged deed or other writs and processes filed with him relating to registered land. fees. Dealings less than ownership. All records and papers relative to registered land in the office of the Register of Deeds shall be open to the Section 55.

extend. conveyance is for a part only of the land described in a certificate of title. said memorandum to serve as a registered land may mortgage or lease it by executing the deed in a form notice to third persons of the fact that certain unsegregated portion of the sufficient in law. If the land has been subdivided conveyance in a form sufficient in law. they shall be carried over and stated in the new certificate or certificates. his certificate may be canceled totally and a new one issued to him describing therein the remaining portion: Provided. designated by numbers or letters. Mortgage or lease of registered land. The deed of conveyance shall be filled and indorsed with the number and the place of registration of the certificate of title of the land conveyed. enter on of Deeds shall note upon the original and duplicate certificate the date of said certificate and on its owner's duplicate a memorandum of such deed of transfer. if the from the Register of Deeds upon payment of the prescribed fees. original and duplicate. and shall take effect upon the title only from time of to the portion conveyed to him.with the file number. however. instead of canceling the latter's certificate and shall prepare and deliver to him an owner's duplicate certificate. Meanwhile. make out in the registration book a new certificate of title to the grantee and if desired by the grantor. and copies may be delivered to the person presenting with the Register of Deeds for annotation in the corresponding certificate of them. and those issued prior to the effectivity of plan. The owner of certificate of title. If a deed or so far as they may be simultaneously released or discharged. The original and the owner's duplicate of the grantor's certificate to such lot or lots. pending the actual issuance of the registration. and that the grantor's certificate is canceled as certificate. grantor so desires. Section 57. and every certificate with such assign. the Register of Deeds shall not enter any transfer certificate to the grantee until a plan of such land showing all the portions or lots into which it has been (B) MORTGAGES AND LEASES subdivided and the corresponding technical descriptions shall have been verified and approved pursuant to Section 50 of this Decree. except Section 58. or. and at the same time cancel the grantor's Certified copies of all instruments filed and registered may also be obtained certificate partially with respect only to said portion conveyed. no further registration or annotation of any subsequent deed or other voluntary instrument involving the unsegregated portion conveyed shall be effected by the Register of Deeds. Carry over of encumbrances. Procedure where conveyance involves portion of land. title and thereupon said officer shall issue a new certificate of title to the grantee for the portion conveyed. the volume and page of the registration book in which the new conveyance and of the issuance of the transfer certificate to the grantee for certificate is registered and a reference by number to the last preceding the lot or lots thus conveyed. The Register issuing a new one to the same for the remaining unconveyed lots. If. the original of the issued by the Registers of Deeds. at the time of any transfer. Such deed of mortgage or lease and all instruments which land described therein has been conveyed. Procedure in registration of conveyances. corresponding certificate in his name. shall be stamped "canceled". discharge or otherwise deal with the mortgage or lease shall memorandum shall be effectual for the purpose of showing the grantee's title be registered. the Register of Deeds may. An owner desiring to except where such unsegregated portion was purchased from the convey his registered land in fee simple shall execute and register a deed of Government or any of its instrumentalities. such Section 60. Mortgage and leases shall be deed may only be annotated by way of memorandum upon the grantor's registered in the manner provided in Section 54 of this Decree. (A) CONVEYANCES AND TRANSFERS that pending approval of said plan. Section 59. The Register of Deeds shall thereafter into several lots. No mortgagee's or lessee's duplicate certificate of title shall hereafter be Upon the approval of the plan and technical descriptions. subsisting encumbrances or annotations appear in the registration book. together with a certified copy of the technical descriptions shall be filed .

and shall sign the said memorandum. and by a reference by number to the sheriff in favor of the purchaser at a foreclosure sale shall be instrument authorizing or creating the same. or other apt words. and a new Section 64. but only a memorandum thereof shall be entered by the words "in trust". the Register of Deeds shall issue a new certificate of title. of the purchaser. but the certificate of sale and the manner. or upon any equitable condition or redemption shall be filed with the Register of Deeds. order confirming the sale shall be registered by a brief memorandum thereof made by the Register of Deeds upon the certificate of title. certificate of title of the mortgagor. whereupon the title of the made upon the original instrument creating or declaring the trust or other equitable interest with a reference by number to the certificate of title to . or to create or declare a trust or other equitable memorandum thereof shall be made by the Register of Deeds on the interests in such land without transfer. or his sworn statement attesting to the fact of Register of Deeds who shall make the appropriate memorandum upon the non-redemption. the purchaser at foreclosure sale shall file Section 62. In case of non-redemption. the final deed of sale executed by the "upon condition". Foreclosure of Mortgage. Power of attorney. convey certificate issued in the name of the purchaser. or If the property is not redeemed. the date and time of the certificate of title. If no right of redemption exists. the particulars of the trust. If a deed or other instrument is filed in the event the property is redeemed. TRUSTS shall be registered with the Register of Deeds. Trusts in registered land. and a brief limitation expressed therein. Upon presentation for registration of the deed of (b) If the mortgage was foreclosed extrajudicially. or otherwise deal with registered land and the same shall be registered with the Register of Deeds of the province or city where the land lies. A mortgage or lease on registered land with the Register of Deeds. He shall also note on the deed the date and time of filing and a In the event of redemption by the mortgagor. a certificate of sale mortgage or lease together with the owner's duplicate. the certificate of title of the mortgagor shall be canceled. certificate in favor of the purchaser after the owner's duplicate of the certificate has been previously delivered and canceled. which shall be filed with the the deed of mortgage. Section 61. the certificate of title of the instrument revoking such power of attorney shall be registered in like mortgagor shall not be canceled. the same rule provided reference to the volume and page of the registration book in which it is for in the second paragraph of this section shall apply. either a final deed of sale executed by the may be discharge or canceled by means of an instrument executed by the person authorized by virtue of the power of attorney embodied in mortgage or lessee in a form sufficient in law. Any person may. Any Where the right of redemption exists.this Decree are hereby deemed canceled and the holders thereof shall mortgagor shall be canceled. filing and the file number assigned to the deed. Section 63. a certified copy of the final order of the court confirming the sale (C) POWERS OF ATTORNEY. Discharge or cancellation. (a) If the mortgage was foreclosed judicially. registered. by power of attorney. the Register of Deeds executed by the officer who conducted the sale shall be filed with the shall enter upon the original of the certificate of title and also upon the Register of Deeds who shall make a brief memorandum thereof on owner's duplicate certificate a memorandum thereof. and a new certificate issued in the name immediately surrender the same to the Register of Deeds concerned. whereupon. In Section 65. limitation or other equitable interest shall not be entered on the certificate. the certificate or deed of order to transfer registered land in trust. condition. Registration. A similar memorandum shall be registered with the Register of Deeds.

An attachment. Attachments. power to sell. and shall render judgment as may be just and equitable. that after cancellation. injunction or mandamus issued creating or declaring a trust or other equitable interest contains an express by the court shall be entered and registered on the certificate of title affected. If the adverse claim is adjudged to be Section 69. the name of the registered owner and a reference to same claimant. Before the lapse of thirty days aforesaid. and how or under whom acquired. or attachment upon registered land. the Section 68. or a copy of any writ. unless the enabling power thereto original registration. how expressed. after notice and hearing. If. the registration thereof shall be ordered canceled. order or invalid. any party in interest may file a petition in the Court of First Instance where the land is situated for the II cancellation of the adverse claim. and. Whoever claims an interest in annotation of adverse claim may be canceled upon filing of a verified petition registered land by reason of any implied or constructive trust shall file for therefor by the party in interest: Provided. right. the name of the may be registered. or "power to mortgage". or unless a final judgment or registering the same. in any case. Judicial appointment of new trustee. and the court shall grant a speedy hearing INVOLUNTARY DEALINGS upon the question of the validity of such adverse claim. if no other provision is made in this Decree for is expressly conferred in the trust instrument. be stated in the certificate of title by the words "with power to sell". it may fine the claimant in an amount not less than in the Registry of Deeds for the province or city in which the land lies. shall find that the adverse claim thus status. After the lapse of said period. in its discretion. A restraining order. the process issued by a court of record. arising subsequent to the date of the registered land in trust shall be registered. shall be filed and registered registered was frivolous. If the instrument intended to be affected. and a place at which all notices may be served upon copy of the order or judicial appointment and the surrender for cancellation him. process or lien is not claimed on all the land in any certificate of title a description sufficiently accurate for identification of the land or interest Section 66. shall Before the lapse of thirty days. Whoever claims any part or interest in registered No instrument which transfers. registration with the Register of Deeds a sworn statement thereof containing no second adverse claim based on the same ground shall be registered by the a description of the land. mortgages or in any way deals with land adverse to the registered owner. etc. make a statement in writing setting forth fully his order of a court of competent jurisdiction has construed the instrument in alleged right or interest. and shall state the adverse be issued to him upon presentation to the Register of Deeds of a certified claimant's residence. and also if the attachment. court. the certificate of title. trusts. intended to create or preserve any lien. Trust with power of sale. If a new trustee of registered land is appointed by a court of competent jurisdiction. it is registered. The adverse claim shall be effective for a period of thirty days from the date of registration. such power shall free of charge.. in one thousand pesos nor more than five thousand pesos. This statement shall be entitled to registration as an adverse claim on of the duplicate certificate. . Adverse claim. Implied. how established. or by apt words of description in case of other powers. Section 70. registered owner. may.which it relates and to the volume and page in the registration book in which the registered owner or owners thereof. and a description of the land in which the right or interest is claimed. Section 67. a new certificate may The statement shall be signed and sworn to. order. the claimant may withdraw his adverse claim contain a reference to the number of the certificate of title to be affected and by filing with the Register of Deeds a sworn petition to that effect. in which case a certified copy of such judgment or order number of the certificate of title of the registered owner. mortgage or deal with the land in any manner. the number of the certificate of title. Such claim shall not affect the title of a purchaser for value and in good faith before its registration. a reference to the favor of the power. addition to the particulars required in such papers for registration. however.

if any. may also be canceled by the Register of Deeds upon verified petition of the party who caused the registration thereof. decision or judgment from the clerk of pendens may be canceled upon order of the court. or affidavit. order or judgment has been the notice is for the purpose of molesting the adverse party. Surrender of certificate in involuntary dealings. a Section 77. It upon presentation to the Register of Deeds. If the owner neglects or refuses to comply within a reasonable time. or to quiet title thereto. Application for new certificate upon expiration of redemption or other lien in the nature of involuntary dealing in registered land is period. certificate. Section 76. to produce his certificate at a time and place named therein. or other enforce a lien of any character. preceding section.Section 71. or proceeding and the court wherein the same is pending. and the duplicate certificate is not presented at the time of after registered land has been sold on execution taken or sold for the registration. or other proceedings of any kind in court directly affecting the every description upon registered land shall be continued. or other instrument made in the course of memorandum or notice of lis pendens has been registered as provided in the the proceedings to enforce such liens and required by law to be recorded. discharge or dissolution thereof the certificate any effect upon registered land as against persons other than the parties or other instrument for that purpose shall be registered with the Register of thereto. title to land or the use or occupation thereof or the buildings thereon. If an attachment is continued. Section 74. etc. in any case in which a demand. reduced. Cancellation of lis pendens. reduction. or Section 72. shall be entitled to be registered necessary to protect the rights of the party who caused it to be registered. any execution or copy of execution. Before final judgment. or for any costs and charges incident to such disposition of the action such as to terminate finally all rights of the plaintiff liens. a notice of lis certificate of the entry of such order. and to give effect judgment. stating that such paper has been purchaser at such sale or anyone claiming under him may petition the court registered. together with a reference to the number of the Section 73. or taken or sold for taxes or for any assessment or to At any time after final judgment in favor of the defendant. and a memorandum made upon proceeding was pending stating the manner of disposal thereof. within thirty-six hours thereafter. allowed by law for redemption registered. . Attachments and liens of for partition. or that it is not rendered and under the seal of the court. enter an order to the owner. and it shall. of attachments. and may enforce the order by suitable process. in and to the land and/or buildings involved. or any deed. or to remove clouds upon the title thereof. unless a memorandum or notice stating the institution of such action Deeds. notice. Upon the expiration of the time. Whenever registered land is solved on execution. Registration of orders of court. the Register of Deeds shall. after proper showing that court or the judge by which such decision. that a memorandum of the attachment or other lien may be made thereon. the registered owner may pursue Register of Deeds shall report the matter to the court. and no proceeding to vacate or reverse any judgment. and requesting him to send or produce his duplicate certificate so for the entry of a new certificate of title to him. If an attachment Section 75. and an adequate description of the land affected and the reduced. the Before the entry of a new certificate of title. etc. of the court where the action or proceedings in which said attachment was made is pending or by an order of a court having jurisdiction thereof. as well as the date of the institution thereof. certificate of title. and no discharged and dissolved by any method sufficient in law. No action to recover possession of real estate. except a mortgage lien. the proper certificate of title in each case as lien or encumbrance. etc. the send notice by mail to the registered owner. or otherwise affected by an order. shall have been filed and registered. shall have to the continuance. dissolved. enforcement of a lien of any description. Dissolution. Notice of lis pendens. decision or judgment registered owner thereof. after all legal and equitable remedies to impeach or annul such proceedings. Enforcement of liens on registered land. the notice of lis pendens shall be deemed canceled upon shall be filed with the Register of Deeds of the province or city where the land the registration of a certificate of the clerk of court in which the action or lies and registered in the registration book. any officer's return.

after Section 80. ORDERS. after the entry of the final judgment of partition. the If the land is ordered by the court to be sold. may grant the petition. and shall produce his duplicate certificate in order that the same may be canceled. such judgment shall be judgment. If a certified copy of a final judgment or decree of partition is upon it. and may enforce the provided. thereupon. Such certificate shall thereafter be judgment in favor of the plaintiff affecting registered land shall. Judgment for Plaintiff. that any new certificate entered in pursuance of partition owner's duplicate of the former registered owner. that any person holding such certificate of title or a order by suitable process. PARTITIONS registration. Whenever in any action to recover Section 81. upon petition conclusive in the same manner and to the same extent as other certificates of of said plaintiff. When in any action to recover upon payment to the others of the sum ordered by the court. who shall enter a memorandum off to him in severalty. CHAPTER VI to execute such instrument which. Section 78. or is a or an undivided share of the premises had previously been registered. if the land is set of to the owners in severalty. Judgment adjudicating ownership. Judgment of partition. the party to the ownership of real estate or an interest therein execution has been issued whom the land is thus assigned shall be entitled to have a certificate of title in favor of the plaintiff. whether by way of set-off or of assignment or of sale. In case the person required to execute any deed or other instrument presented and it appears that a mortgage or lease affecting a specific portion necessary to give effect to the judgment is absent from the Philippines. deed or instrument necessary to give effect to the judgment. If the registered owner proceedings. the purchaser or his assigns certificate of the clerk of the court where the action is pending and the shall be entitled to certificate of title entered in his or their favor upon memorandum entered by the Register of Deeds shall contain a description of presenting a certified copy of the judgment confirming the sale. a copy of such final registered land judgment is entered for the plaintiff. on application and after notice. order and parties before it to execute for registration any title. and shall require the registered owner to deliver his duplicate certificate to the plaintiff or to Section 82. Registration of prior registered mortgaged or lease on partitioned the Register of Deeds to be canceled or to have a memorandum annotated property. or insane. shall neglects or refuses within a reasonable time after request of the plaintiff to contain a reference memorandum to the final judgment of partition. certified by the clerk of the court rendering the same. shall be entitled to REGISTRATION OF JUDGMENTS. enter an order to the owner to as such judgment is made conclusive by the laws applicable thereto: and produce his certificate at the time and place designated. the minor. each from the clerk of court where the action is pending to the Register of Deeds owner shall be entitled to have his certificate entered showing the share set for the province or city where the land lies. or for any reason not amenable to the process of the court Register of Deeds shall carry over such encumbrance on the certificate of title rendering the judgment. further. Every court rendering notice and hearing. In case the land is ordered by the court to be assigned to one of the parties Section 79. when executed. . In proceedings for partition of registered possession or ownership of real estate or any interest therein affecting land. If the judgment does not apply to all the land described in the certificate of title. however. shall be filed entitled to registration on presentation of a certificate of the entry thereof and registered. transfer thereof shall have the right to petition the court at any time to cancel the memorandum relating to such judgment or order and the court. upon the certificate of title of the land to which such judgment relates. Execution of deed by virtue of judgment. the land affected by the judgment. and to receive an owner's duplicate thereof. the latter shall be entitled to the entry of a new entered in his favor upon presenting a certified copy of the judgment: certificate of title and to the cancellation of the original certificate and Provided. the be conclusive as to the title to the same extent and against the same persons court shall. said court may appoint a suitable person as trustee that may be issued.

province. and where the fee simple title is taken. is vacated by foreman or principal clerk. business or advertising manager judgment.Section 83. his against a registered owner. Land taken by eminent domain. Judgment or order vacating insolvency proceedings. or a copy of each week's issue of the newspaper a new certificate has been entered in the name of the assignee or trustee. and order allowing the same. it shall be the duty of the officer serving the notice of the proper title the two-year lien mentioned in Section 4 of Rule 74 of the the institution of such proceedings on the debtor to file a copy thereof with Rules of Court. city. the National copy of his letters of administration or if there is a will. such certificate shall be surrendered for cancellation and forthwith the debtor shall be entitled to the entry of a new certificate to him. as the case may be. interest therein. are instituted against a debtor who settlement has been duly registered. A reference to the letters and/or will by their file number. or of the editor. he shall file with the office of the Register of Deeds a certified interest therein. or any other agency or instrumentality exercising such right for memorandum of the will. upon approval of the court obtained as provided by the Rules of Court. Where of the newspaper concerned. if any. city. When a deed of extrajudicial insolvency. a certified copy Government. municipality. province. Whenever circulation in the province and proof thereof is filed with the Register of any of the proceedings of the character named in the preceding section Deeds. the particular property or interest expropriated. . insolvent's or bankrupt's duplicate certificate of title. or any other agency or thereof and the order allowing the same. The assignee or trustee appointed by the court in such party in interest that no claim or claims of any creditor. the Register of Deeds shall annotate on owns registered land. making number of the certificate of title. printer. devisees or legatees or any other the debtor lies. Before the executor or administrator of the estate of a deceased owner of registered land may deal Section 85. wherein the publication appeared. Registry a certified copy of the judgment which shall state definitely. upon presenting and filing a certified copy of without the necessity of a court order. and the nature of the public use. Upon the expiration of the two-year period and presentation the office of the Register of Deeds for the province or city where the land of of a verified petition by the registered heirs. the of Deeds shall enter upon the certificate a memorandum thereof. of which notice has been registered. together with the letters instrumentality exercising such right shall file for registration in the proper testamentary or of administration with the will annexed. or analogous proceedings. as the case may be. the executor or administrator issuance of a new certificate shall be for the account of the authority taking may alienate or encumber registered land belonging to the estate. Whenever proceeding in bankruptcy or Section 86. is expropriated or taken by eminent domain. or any the land or interest therein. Dealings by administering subject to court approval. and thereupon the Register adequate description. a new certificate shall be issued in favor of the National Government. by an and shall produce the duplicate certificate of title. heir or other person proceedings shall be entitled to the entry of a new certificate of the registered exist. Section 87. and letters the land so taken. but the new certificate shall state that it is entered to him as assignee in insolvency or trustee in No deed of extrajudicial settlement or affidavit of adjudication shall be bankruptcy or other proceedings. and the date of filing memorandum of the right or interest taken shall be made on each certificate the same. The proof may consist of the certification of the publisher. Filing of letters of administration and will. The legal expenses incident to the memorandum of testamentary or letters of administration have been entered upon the registration or issuances incident to the memorandum of registration or certificate of title as hereinabove provided. The verified petition shall be entered the assignment in insolvency or order or adjudication in bankruptcy with the in the Primary Entry Book and a memorandum thereof made on the title. the Register of Deeds shall cancel the two-year lien noted on the title land of the debtor or bankrupt. Section 88. Notice of insolvency. or with the same. After a municipality. Extrajudicial settlement of estate. registered unless the fact of extrajudicial settlement or adjudication is published once a week for three consecutive weeks in a newspaper of general Section 84. Whenever any registered land. a certified copy of the judgment or order may be registered. of title by the Register of Deeds.

Upon the entry of a certificate of register in like manner and subject to like terms and conditions and to like title in the name of the registered owner. there shall be paid to Section 90. charge or otherwise determined by the sworn declaration of two disinterested persons to the deal with the land pursuant to the power in like manner as if he were effect that the value fixed by them is to their knowledge. empowers the real estate on the basis of the last assessment for taxation purposes. Custody and investment of fund. upon the Treasurer. as well as upon the entry of a certificate pursuant to any subsequent transfer of registered land. supported negligence on his part. mistake or issued to the parties severally entitled thereto in accordance with the misdescription in any certificate of title or in any entry or memorandum in approved partition and distribution. a contribution to the Assurance Fund. register in like manner as in case of a sale. of the owner's duplicate certificate of title. and who by the provisions of this Decree is barred or . convey. or upon some trust. and upon the presentation operation of the Torrens system of arising after original registration of land. Contribution to Assurance Fund. registered owner. subject to the terms and conditions and limitations expressed in the will. Where the land involved has not yet certified copy of the will and letters testamentary being filed as provided in been assessed for taxation. or any of Section 94. charge or otherwise deal with the land. encumber. its value for purposes of this decree shall be this Decree. omission. encumber. invested in the manner and form authorized by law. having jurisdiction of the testate or intestate proceedings directs the executor or administrator to take over and transfer to the devisees or heirs. the executor may have the land transferred to himself upon the Section 93. the land covered by said certificate. without court approving the same or otherwise making final distribution. or is deprived of land or any by evidence of payment of estate taw or exemption therefrom. such executor may sell. or an interest therein. shall be filed with the Register of Deeds. Whenever the court value stated is too small. and upon the presentation of the owner's duplicate certificate to the Register of Deeds. in anticipation of final distribution a portion or the whole of the Register of Deeds under the preceding section shall be paid to the National registered land to which they might be entitled on final distribution. A person who. Action for compensation from funds. He shall keep this money in an Assurance Fund which may be filing of a certified copy of such order in the office of the Register of Deeds. Section 92. as executor to sell. a fair valuation. All money received by the them. and shall report annually the executor or administratory may cause such transfer to be made upon the to the Commissioner of the Budget the condition and income thereof. as the case estate or interest therein in consequence of the bringing of the land under the may be. income from investments as well as from the collections of such fund shall be paid into the National Treasury to the account of the Assurance Fund. Land devised to executor. Transfer in anticipation of final distribution. When the will of a the Register of Deeds one-fourth of one per cent of the assessed value of the deceased owner of registered lands. and also upon the original rights as in the case of a transfer pursuant to a deed filed in the office of the registration on the certificate of title of a building or other improvements on Register of Deeds. convey. When it appears by will. in which event the excess of title. the devisees or heirs The income of the Assurance Fund shall be added to the principal until said concerned shall be entitled to the issuance of the corresponding certificates fund amounts to five hundred thousand pesos. that registered land is devised to the executor to his own use. new certificates of title shall be through fraud or in consequence of any error. Registration of final distribution of estate. When executor empowered by will to sell. the registration book. Nothing in this section shall in any way preclude the court from increasing the valuation of the property should it appear during the hearing that the Section 91. A certified copy of the partition and distribution. sustains loss or damage. together with the final judgment or order of the Section 95.Section 89. a certified copy CHAPTER VII of which with letters testamentary had already been filed as provided in this ASSURANCE FUND Decree. etc.

omission. mistake or amount recovered shall be paid to the account of the Assurance Fund. But if such action is Philippines shall be subrogated to the rights of the plaintiff against any other brought to recover for loss or damage or for deprivation of land or of any parties or securities. If there are defendants other than the Section 101. as co-defendants. damage or deprivation of land or any order the amount of the execution and costs. If at any time the Assurance Fund is not sufficient to satisfy such judgment. plaintiff and against the National Treasury. Register of Deeds. damage. how satisfied. the National Treasurer shall make up for Section 96. If the execution is returned certificate of title. General Fund when liable. Losses not recoverable. It shall be the duty of the Solicitor General in unlawful or erroneous issuance of a certificate of title. omission. . Assurance Fund by reason of any loss. In every action filed against the Assurance Fund. and Provided. his deputy. In every case Registry in the performance of their respective duties. file the necessary action that nothing in this Decree shall be construed to deprive the plaintiff of any in court to annul or amend the title. the court shall consider the The court may order the Register of Deeds to amend or cancel a certificate of report of the Commissioner of Land Registration. the Government of the Republic of the is situated and the National Treasurer as defendants. The National Treasurer shall enforce said rights and the interest therein arising through fraud. the plaintiff cannot recover as compensation more herein provided shall survive to the legal representative of the person sustaining loss or damage. mistake or misfeasance of the court personnel. upon proper showing. however. Against whom action filed. his deputy or other employees of the Registry. negligence. implied or constructive or by any mistake in the resurveyed the other defendants. Section 98. the action shall be where payment has been made by the National Treasurer in accordance with brought against the Register of Deeds of the province or city where the land the provisions of this Decree. Limitation of Action. the Register of Deeds and any of whether express. Any action for compensation against the of such other defendants. If such action is brought to recover for the deficiency from any funds available in the treasury not otherwise loss or damage or for deprivation of land or of any estate or interest therein appropriated. In an the right to bring such action first occurred: Provided. authority of the Commissioner of Land Registration. and the officer returning the same certificates that the amount due cannot be collected from the land or personal property Section 102. The Assurance Fund shall not be liable National Treasurer and the Register of Deeds and judgment is entered for the for any loss. or other employees of the Section 99. unless barred in his lifetime. the Register of Deeds. Section 97. may bring an or deprivation thereof. only then shall the court. That the right of action action under this Decree. Subrogation of government to plaintiff's rights.otherwise precluded under the provision of any law from bringing an action than the fair market value of the land at the time he suffered the loss. to be paid by the National treasurer out of the Assurance Fund. Register of Deeds as party in interest. arising wholly through fraud. such action shall be brought Section 100. for the recovery of such land or the estate or interest therein. damage or deprivation caused or occasioned by a breach of trust. the National Treasurer and other person or Assurance Fund may be liable for damages that may be incurred due to the persons. right of action which he may have against any person for such loss or damage or deprivation without joining the National Treasurer as party defendant. title or to do any other act as may be just and equitable. upon aid of the fiscal of the province or city where the land lies: Provided. unsatisfied in whole or in part. or so much thereof as remains interest therein shall be instituted within a period of six years from the time unpaid. When it appears that the against the Register of Deeds. action in any court of competent jurisdiction for the recovery of damages to be paid out of the Assurance Fund. misfeasance of person other than court personnel. execution shall first issue against such defendants or subdivision of registered land resulting in the expansion of area in the other than the National and the Register of Deeds. Judgment. negligence. the Register of Deeds person or by representative to appear and to defend all such suits with the concerned shall be deemed a proper party in interest who shall.

The Department of Agrarian Register of Deeds shall affect the transfer only upon receipt of the supporting Reform shall prepare by automate data processing a special registry book to papers from the Department of Agrarian Reform. No. notwithstanding the expiration of the 27. and original period of six years first above provided. patent or instrument of previously titled or untitled property shall be issued by the Department of conveyance from the Government to the grantee shall not take effect as a Agrarian Reform. All Certificates of Land Transfer (CLT) issued pursuant to P. patent or "Operation Land Transfer". grant. 27. granted or conveyed to any person. in the Registry of Deeds. be known as the "Provisional Register of Documents issued under PD-27" . and in all cases under this Decree. such the owner's duplicate of the title to be canceled. land shall be deemed to be registered land to all intents and purposes under this Decree. It is the act of registration that shall be the The Register of Deeds shall complete the entries on the aforementioned operative act to affect and convey the land. After due registration and issuance of the certificate of title. transfer. a Certificate of Land Transfer for every land brought under duty of the official issuing the instrument of alienation.D. with the Register of Deeds of the province or city where the land lies. Said Registry Book shall be a register of: otherwise under legal disability. the same Department of Agrarian reform shall pursuant to P. No.D. The deed.D. and in case of registered property. and an owner's grant of title under P. an Emancipation Patent which may cover duplicate issued to the grantee. Provisional Register of Documents. CERTIFICATE OF LAND TRANSFER. such disability has been removed. The by the Government alienated. All subsequent transactions affecting Certificates of Land Transfer CHAPTER VIII such as adjustments. duplication and cancellations of REGISTRATION OF PATENTS erroneous Certificates of Land Transfer. That if at the time such right of action first accrued the person which shall be kept and maintained in every Registry of Deeds throughout entitled to bring such action was a minor or insane or imprisoned. Emancipation Patent and shall assign an original certificate of title number in registration shall be made in the office of the Register of Deeds of the case of unregistered land. b. Section 103. The fees for registration shall be paid by corresponding transfer certificate of title without requiring the surrender of the grantee. the Section 104. EMANCIPATION PATENT. No. It shall be the duplicate.further. such person or anyone claiming from. Certificates of title pursuant to patents. Certificates of Land Transfer Emancipation Patents. In case of death of the grantee. whereupon a certificate After the tenant-farmer shall have fully complied with the requirements for a of title shall be entered as in other cases of registered land. conveyance or bind the land but shall operate only as a contract between the Government and the grantee and as evidence of authority to the Register of Deeds to make registration. Whenever public land is Section 105. or the country. AFFIDAVIT OF NON-TENANCY In case of subsequent transfer of property covered by an Emancipation Patent or a Certificate of Title emanating from an Emancipation Patent. the Department of Agrarian Reform shall determine his heirs or successors-in-interest and shall notify the Register of CHAPTER IX Deeds accordingly. grant. the original of which shall be kept by the tenant- conveyance in behalf of the Government to cause such instrument to be filed farmer and the duplicate. and to be there registered like other deeds and conveyance. 27 issue in shall be brought forthwith under the operation of this Decree. by or under him may bring the proper action at any time within two years after a. shall issue the province or city where the land lies.

been changed. or. and that nothing shall be done or ordered by the court or where a voluntary instrument cannot be registered by reason of the which shall impair the title or other interest of a purchaser holding a refusal or failure of the holder to surrender the owner's duplicate certificate certificate for value and in good faith.No fee. whether vested. expectant or inchoate appearing on the certificate. A registered owner of other person having an interest in registered and/or corn. Amendment and alteration of certificates. the entry or cancellation of a memorandum upon a certificate. . or that the registered owner has married. together with the affidavit. or. may apply by petition to the court upon area (size) of the portion which is tenanted and primarily devoted to rice the ground that the registered interests of any description. on any registered deed or instrument. in proper cases. no such deed or property. and may order the entry or cancellation of a new certificate. or grant any other relief upon such terms and conditions. lease. or upon any other reasonable ground. after hearing. No voluntary deed or annulment of the same as well as the issuance of a new certificate of title in instrument purporting to be a subdivision. or if not any reason the outstanding owner's duplicate certificate cannot be delivered. may order the presented. registered land and has been dissolved has not convened the same within three years after its dissolution. premium. or that a corporation which owned Emancipation Patent in accordance with law. of tax of any kind shall be charged or imposed in connection surrender the same. and direct the entry of a new certificate or memorandum with the issuance of an original Emancipation Patent and for the registration upon such surrender. Surrender of withhold duplicate certificates. or if tenanted. Such new certificate and all duplicates thereof shall contain a mode of encumbrance or conveyance of private agricultural land principally memorandum of the annulment of the outstanding duplicate. or his heirs and assigns. the same is not primarily devoted to or amendment shall be made upon the registration book after the entry of a the production of rice and/or corn. devoted to rice or corn or any portion thereof shall be registered unless accompanied by an affidavit of the vendor or executor stating that the land Section 108. or that the same or any person on the certificate has Department of Agrarian Reform Regional Office where the land is located. No erasure. sale or any other lieu thereof. as it may consider proper. that the marriage has been terminated and no right or interests of tenant-farmer who deals with his Certificate of Land Transfer or heirs or creditors will thereby be affected. and/or corn. affidavit. a similar petition may be filed as provided in the preceding registered owner or any person withholding the duplicate certificate to section. If the person withholding the duplicate certificate is not or related documents. the party in interest may file a petition in court to compel surrender their written consent. and CHAPTER X the court may hear and determine the petition after notice to all parties in PETITIONS AND ACTIONS AFTER ORIGINAL REGISTRATION interest. That this section necessary to issue a new certificate of title pursuant to any involuntary shall not be construed to give the court authority to reopen the judgment or instrument which divests the title of the registered owner against his consent decree of registration. Where the owner's duplicate certificate is not of the same to the Register of Deeds. Where it is necessary. the Register of Deeds with the approval of the instrument shall be registered unless accompanied by an affidavit stating the Commissioner of Land Registration. amenable to the process of the court. involved is not tenanted. and such area so devoted is tenanted. the court may order the Section 106. requiring security or bond if Section 107. without his or of title. and stating further that the deed or instrument covers only the contingent. mortgage. have untenanted portion or that which is not primarily devoted to the production terminated and ceased. certificate of title or of a memorandum thereon and the attestation of the same be Register of Deeds. The Register of Deeds shall cause a copy of the made in entering a certificate or any memorandum thereon. or that new interest not appearing upon the of rice and/or corn. if registered as The affidavit provided in this section shall not be required in the case of a married. or. however. The court. or that an omission or error was the certificate of title. alteration. Sale of agricultural land. to be furnished the duplicate certificate. Provided. except by order of the proper Court of First If only a portion of the land is primarily devoted to the production of rice Instance. A memorandum of said affidavit shall be annotated on certificate have arisen or been created.

but shall in all respects be pesos for each additional five hundred pesos. due notice under oath follows: shall be sent by the owner or by someone in his behalf to the Register of Deeds of the province or city where the land lies as soon as the loss or theft is A. this Decree. Fees payable. In case of the Register of Deeds and the Land Registration Commission shall be as loss or theft of an owner's duplicate certificate of title. or procedure prescribed in Republic Act No. Section 111. in accordance with the following schedule Upon the petition of the registered owner or other person in interest. 26 insofar as not inconsistent with fractional part thereof. thirty days from receipt by the Register of Deeds and by the Commissioner of Land Registration of a notice of such order or judgment without any appeal having been filed by any of such officials. a sworn statement of the fact of such loss 1. (b) When the value of the property does not exceed Section 110. (d) When the value of the property is more than one hundred thousand pesos but does not exceed five hundred thousand pesos. and ten Commissioner of Land Registration. the (a) When the value of the property does not exceed court may. the Sheriff. and five issued in place of the lost duplicate certificate. and five covered by such titles shall be reconstituted judicially in accordance with the pesos for each additional one thousand pesos. Reconstitution of lost or destroyed original of Torrens two thousand pesos but does not exceed ten title. The procedure relative to administrative reconstitution of lost or destroyed certificate prescribed in said Act is hereby abrogated. fifteen pesos for the first five duplicate certificate. or entitled to like faith and credit as the original duplicate.All petitions or motions filed under this Section as well as under any other CHAPTER XI provision of this Decree after original registration shall be filed and entitled SCHEDULE OF FEES: SPECIAL FUND in the original case in which the decree or registration was entered. No order or judgment ordering the pesos for each additional ten thousand pesos. Fees payable to the Clerk of Court. or fractional part thereof. (c) When the value of the property is more than ten thousand pesos but does not exceed one hundred Notice of all hearings of the petition for judicial reconstitution shall be given thousand pesos. and shall thereafter fractional part thereof. the or destruction may be filed by the registered owner or other person in fees shall be based on the assessed value of the property for interest and registered. after notice and due hearing. direct the issuance of a new two thousand pesos. the current year. or cannot be court or his deputies shall be as follows: produced by a person applying for the entry of a new certificate to him or for the registration of any instrument. If a duplicate certificate is lost or destroyed. which shall contain a memorandum of the fact that it is hundred pesos. eighty pesos for the first twenty to the Register of Deeds of the place where the land is situated and to the thousand pesos. be regarded as such for all purposes of this decree. or fractional part thereof. The fees payable to the clerk of discovered. For filing an application for the registration of land. Notice and replacement of lost duplicate certificate. thirty five pesos for the first three Register of Deeds as well as liens and encumbrances affecting the lands thousand pesos. or fractional part thereof. or reconstitution of a certificate of title shall become final until the lapse of fractional part thereof. The fees payable to the Clerk of Court. Section 109. Original copies of certificates of title lost or destroyed in the offices of thousand pesos. one hundred eighty pesos .

for (e) When the value of the property is more than five each group of one hundred lots on which a copy of the notice hundred thousand pesos. and forty pesos for each 3. B. If the property has not been assessed for taxation. thereof. thereon and five pesos for each additional parcel. 5. The sheriff shall collect fees for his 2. etc. adverse claim. or fractional part thereof. three pesos. for each additional case. the same fees 2. For posting one copy of a notice of initial hearing in a additional fifty thousand pesos. twenty pesos. If it affects several lots or parcels of land in which the petitioners have no 1. and the applicant shall file with his application a before the court. the fees above prescribed shall be based on the current market 4. or fractional part thereof. For posting notices of initial hearing of cadastral cases in conspicuous places on the lands included in the survey. and twenty pesos is posted. Fees payable to the Register of Deeds. 1. Original certificate of title. or fractional part conspicuous place upon the municipal building of the city. Entry fee. municipality. besides travel fees. five pesos for each cases in conspicuous places on the lands described in the parcel of land affected thereby. or including travel fees as provided in the Rules of Court for other claim adverse to the registered owner. proceedings as follows: 3. ten pesos for the first parcel of land described him. C. levy. collect fees for all services rendered by him under this Decree in twenty pesos. one peso. three pesos. travel fees only as provided in the Rules of sworn declaration of three disinterested persons that the Court. The Register of Deeds shall 3. services rendered in connection with land registration and cadastral five pesos. For each entry fee in the primary entry book. for each parcel of land on which a copy of such notice pesos. five hundred twenty is posted. . For serving notices upon cadastral claimants to appear value. besides travel fees. For all other services not mentioned above. or municipal district in which the land or portion thereof lies. For the annotation of an attachment. for the first one hundred twenty-five thousand notice. For filing a petition after the decision has become final. Attachment. Fees payable to the Sheriff. For the entry of one original common interest. value fixed by him is to their knowledge a fair valuation. for each similar services. or fractional part thereof. for each additional twenty-five thousand pesos. 2. three pesos. If it affects land decrees in more than one accordance with the following schedule: case. writ of execution. For filing a petition for review of judgment and decree. besides travel fees. each of such petitioners shall pay the certificate of title and issuance of one owner's duplicate corresponding fees as if separate petitions had been filed by certificate. pesos for the first five hundred fifty thousand pesos. petition. For posting notices of initial hearing of land registration levy.

4. Lis Pendens, etc. For the annotation of a notice of lis to act in behalf of the same, twenty pesos; and for the
pendens, or of any document or order in connection annotation of such papers on certificates of title when
therewith, for each of land affected thereby, five pesos. required by existing laws or regulations, five pesos for each
certificate of title so annotated: Provided, however, that
5. Release of encumbrance. For the annotation of a release of when the certificate of allowance of a will and the letters
any encumbrance, except mortgage, lease, or other lien for testamentary or letters of administration are filed together,
the cancellation of which a specific fee is prescribed herein, only one fee shall be collected. For registering an instrument
for each parcel of land so released, five pesos; but the total of revocation of any of the paper mentioned above, five
amount of fees to be collected shall not exceed the amount of pesos, and if annotated on the corresponding certificate of
fees paid for the registration of such encumbrance. title, three pesos for each certificate of title.

6. Court Order. For the annotation of an order of the court 9. Notice of tax lien, loss, etc. For the annotation of a notice
for the amendment of, or the making of a memorandum on, of tax lien of any description notice of lost duplicate or copy
a certificate of title, except inclusion of buildings or of a certificate of title, order of the court declaring such
improvements, or any order directing the registration of a duplicate or copy null and void, notice of change of address,
document, or of any right or interest referred to in said or the cancellation of any such annotation, for each
order, or the cancellation of a certificate of title and/or the certificate of title, five pesos.
issuance of a new one, ten pesos for each certificate of title
on which the annotation is made, in addition to the fees 10. Carry over of annotation. For transferring the
prescribed under paragraphs sixteen or seventeen, as the memorandum of an encumbrance of any kind from one
case may be, of this subsection, in the same are also due for certificate of title which is canceled to a new one in lieu
the registration of such document, right or interest. thereof, for each memorandum thus transferred, five pesos.

7. Building. For the annotation of an order of the court for 11. Annotation on additional copy of title. For any
the inclusion of building and/or improvement in a certificate memorandum made in a standing co-owner's copy of a
of title, ten pesos for each certificate of title. certificate of title after a similar memorandum has been
made in the original thereof, of each certificate of title, five
8. Powers of attorney, letters of administration, appointment pesos.
of guardian, resolution or revocation thereof. For registering
and filing a power of attorney, letters of administration or 12. No specific fee. For any memorandum made in a
letters testamentary whether or not accompanied by a copy certificate of title for which no specific fee is prescribe
of the testament, certificate of allowance of a will with above, for each certificate of title, five pesos.
attested copy of the will annexed, appointment of guardian
for a minor or incompetent person, appointment of receiver, 13. Transfer to trustee, executor, administrator receiver. For
trustee, or administrator, articles of incorporation of any the issuance of a transfer certificate of title, including its
corporation, association or partnership, or resolution of its duplicate, to a trustee, executor, administrator, or receiver,
board of directors empowering an officer or member thereof or for the cancellation of such certificate of title and issuance

of a new one, including its duplicate, to the cestui que trust preceding paragraphs, the fees shall be based on the value of
in case of trusteeship, ten pesos. If the certificate covers the consideration in accordance with the following schedule:
more than one parcel or lot, an additional fee of five pesos
shall be collected for each additional parcel or lot. (a) Six thousand pesos maximum. When the value of
the consideration does not exceed six thousand
14. Transfer certificate of title. For the issuance of a transfer pesos, seven pesos for the first five hundred pesos,
certificate of title, including its duplicate, to a person other or fractional part thereof, and three pesos for each
than those named in the next preceding paragraph, ten additional five hundred pesos, or fractional part
pesos, in addition to the fees hereinafter prescribed in thereof.
paragraph sixteen or seventeen, as the case may be, of this
subsection, if the same are also due. If the certificate covers (b) Thirty thousand pesos maximum. When the
more than one parcel or lot, an additional fee of five pesos value of the consideration is more than six thousand
shall be collected for each additional parcel or lot. pesos but does not exceed thirty thousand pesos, or
fractional part thereof, and eight pesos for each
15. Additional copy of title. For the issuance of a new additional two thousand pesos, or fractional part
owner's duplicate or a co-owner's copy of a certificate of thereof.
title, or any additional duplicate or copy thereof, ten pesos
for the first page and five pesos for each subsequent page, or (c) One hundred thousand pesos maximum. When
fraction thereof. the value of the consideration is more than thirty
thousand pesos but does not exceed one hundred
16. Registration fee. For the registration of a deed of sale, thousand pesos, one hundred fifty pesos for the first
conveyance, transfer, exchange, partition, or donation; a thirty-five thousand pesos, or fractional part
deed of sale with pacto de retro, conditional sale, sheriff's thereof, and fourteen pesos or each additional five
sale at public auction, sale for non-payment of taxes, or any thousand pesos, or fractional part thereof.
sale subject to redemption, or the repurchase or redemption
of the property so sold; any instrument, order, judgment or (d) Five hundred thousand pesos maximum. When
decree divesting the title of the registered owner, except in the value of the consideration is more than one
favor of a trustee, executor, administrator or receiver; hundred thousand pesos but does not exceed five
option to purchase or promise to sell; any mortgage, surety, hundred thousand pesos, three hundred fifty-two
bond, lease, easement, right-of-way, or other real right or pesos for the first one hundred ten thousand pesos,
lien created or constituted by virtue of a distinct contract or or fractional part thereof, and twenty pesos for each
agreement, and not as an incidental condition of sale, additional ten thousand pesos, or fractional part
transfer or conveyance; the assignment, enlargement, thereof.
extension or novation of a mortgage or of any other real
right, or a release of mortgage, termination of lease, or (e) More than five hundred thousand pesos. When
consolidation of ownership over a property sold with pacto the value of the consideration is more than five
de retro; where no specific fee is prescribed therefor in the hundred thousand pesos, one thousand one

hundred sixty-two pesos for the first five hundred of the surviving spouse shall be the total current
twenty thousand pesos, or fractional part thereof, assessed value of the properties adjudicated to said
and thirty pesos for each additional twenty spouse.
thousand pesos, or fractional part thereof.
(d) Subdivision or partition. In the partition of real
17. Fees for specific transactions. In the following property held in common by several registered co-
transactions, however, the basis of the fees collectible under owner's the basis of the fees to be paid by each co-
paragraph sixteen of this subsection, whether or not the owner or group of co-owners shall be the total
value of the consideration is stated in the instrument, shall assessed value of the property taken by each co-
be as hereunder set forth: owner or group.

(a) Exchange. In the exchange of real property the (e) Conveyance: several lots and parties. In the sale,
basis of the fees to be paid by each party shall be the conveyance or transfer of two or more parcels of
current assessed value of the properties acquired land in favor of two or more separate parties but
by one party from the other, in addition to the value executed in one single instrument, the basis shall be
of any other consideration, if any, stated in the the total selling price paid by each party-buyer, or,
contract. in the case of lump sum consideration, such portion
thereof as apportioned in accordance with the
(b) Hereditary transfer. In the transmission of an assessed value of the respective land acquired by
hereditary estate without partition or subdivision of each party-buyer.
the property among the heirs, devisees or legatees,
although with specification of the share of each in (f) Conveyance of properties in different places. In
the value of the estate, the basis shall be the total the sale, conveyance, or transfer of properties
current assessed value of the property thus situated in different cities or provinces, the basis of
transmitted. the fees in each Registry of Deeds where the
instrument is to be registered shall be the total
(c) Partition of hereditary estate; Conjugal property. selling price of the properties situated in the
In the partition of an hereditary estate which is still respective city or province, or, in the case of lump
in the name of the deceased, in which determinate sum consideration, such portion thereof as obtained
properties are adjudicated to each heir devisee or for those properties lying within the jurisdiction of
legatee, or to each group of heirs, devisees or the respective registry after apportioning the total
legatees, the basis of the fees to be paid by each consideration of the sale, conveyance or transfer in
person or group, as the case may be, shall be the accordance with the current assessed value of such
total current assessed value of the properties thus properties.
adjudicated to each person or group. In the case,
however, of conjugal property, the basis of the fees (g) Conveyance of mortgaged properties. In the sale,
for the registration of one-half thereof in the name conveyance, or transfer of a mortgaged property,

the basis of the fees in current assessed values of such properties. mortgage in accordance with the current assessed as amended. In an Registry of Deeds where the document is to be affidavit for the consolidation of ownership over a registered shall be such amount as obtained for the property sold with pacto de retro or pursuant to an properties lying within the jurisdiction of said extra judicial foreclosure under the provisions of Registry after apportioning the total amount of the Act Numbered Thirty-one hundred and thirty-five. In the release of a mortgage province. in which case. mortgage affecting properties situated in different cities or provinces. the the collection of the fees paid for the registration of aggregate of such selling price and share shall be all previous partial releases. In the each Registry of Deeds where the instrument is to case of a partial release. or repurchase assessed value shall be the basis of the fees in the of the property so sold. the basis of .the basis shall be the selling price of the property the fees in each Registry shall be ten per centum of proper plus the full amount of the mortgage. such delinquency in the payment of taxes. the basis of the fees in each respective Registry. shall be an amount equivalent to ten per centum of the consideration of the sale in the respective city or (i) Release of mortgage. the basis of the fees in each Registry value of such properties. In contracts of lease. In any case. If the properties are situated in amount of the mortgage in accordance with the different cities or provinces. In a certificate of sale at public be less than the current assessed value of the auction by virtue of an order of execution or sale for properties in the city or province concerned. the basis. where the aggregate value of the consideration as above computed shall (j) Certificate of sale. unless corresponding to the final release shall be the selling price of the properties in each city or computed on the basis of ten per centum of the province and the proportionate share thereof in the difference between the amount of the mortgage and amount of unpaid balance of the mortgage are the aggregate of the consideration used as basis for stated in the instrument. the basis of the fees shall be an amount equal to ten per centum of the total amount of obligation (l) Contract of lease. the fees amount of consideration as above computed. however. however. the fees shall be based on be registered shall be such sum as obtained for the ten per centum of the current assessed value of the properties situated in the respective city or property so released in the respective city or province after apportioning in accordance with the province. In a jurisdiction of the Registry. Registry shall be ten per centum of the selling or repurchase price of the property lying within the (h) Mortgage of properties in different places. Provided. or the such sum as obtained for the properties in the unpaid balance thereof if the latter is stated in the respective city or province after apportioning the instrument. If the properties are of the fees in each Registry shall be the sum total to situated in different cities or provinces. the basis of the fees in each (k) Affidavit of consolidation of ownership. the basis secured by the mortgage. That where several current assessed values of said properties the total partial releases had been registered.

for each such ten per centum of the amount used as basis for the certificate containing not more than two hundred words. If the centavos for each hundred words of fraction thereof rentals are not distributed. 20. D. 21. as above computed shall be apportioned to said properties in accordance with their assessed values. the basis of the fees in each registry shall be registration books or a document on file. an entry in the lease. or other papers on file. including the assessed value of the properties lying within the extension contemplated by the parties which may jurisdiction of the Registry concerned. the total amount thereof contained in the copies thus furnished. Fees payable to the Commissioner of Land Registration. Certification. city or province. or transfer. there shall be collected property subject of such contract in the respective two pesos per document or record.. if it exceeds that number an additional fee of one lease. in excess of the first two hundred words. If the properties are .. In contracts of option to purchase or promise to sell. Certified copy. collected in the Registry concerned.. Research fee.. For verification and approval of subdivision plans. collection of the fees paid for the registration of said five pesos. P2. five pesos city or province shall be the basis of the fees to be for one page and one peso for each additional page certified. decree.. Issuance of copy of document. or 18.…………………………………. in case of a sale. fifty amount of rentals due for thirty months. For issuing a certificate relative to. conveyance. the basis of the respective city or province during the entire the fees in each Registry shall be the current period specified in the contract.. or (m) Termination of lease. the fee the consideration stated is less than the current shall be: assessed value of the property. If the period is from year to year.. document..be paid by the lessee for the properties situated in situated in different cities or provinces. 1. For furnishing copies of otherwise not fixed.. For services rendered in attending to the basis of the fees in each Registry shall be ten per request for reference or researches on any records or centum of the current assessed value of the documents on file in the Registry. or fraction thereof. 19. For certifying a copy furnished under the and the proportionate sum thus obtained for each next preceding paragraph.. (n) Option to purchase or promise to sell.. the basis shall be the total any entry. The fees (o) Consideration not stated or fixed or less than payable to the Commissioner of Land Registration shall be as assessed value.... be given effect without the necessity of further registration. peso shall be collected for every hundred words. the basis of the fees shall be the current assessed value of the property (a) For each lot . In the termination of showing the existence or non-existence of. for each certification. or. In other transactions where the follows: actual value of the consideration is not fixed in the contract or cannot be determined from the terms thereof.00 involved in the transaction.

. of consolidation.……………...........00 basis of certified copies of technical descriptions of plans irrespective of the number of its corners approved by the Land Registration Commission or the .00 inclusive.... survey. 3..40 subdivision and/or consolidation-subdivision survey. irrespective of whether such 0.... Bureau of Lands.. a fee of two pesos shall be collected per lot as appearing in the old survey in addition to the fee collectible in paragraph 1 hereof for the new lots.... there shall 1. 6.(b) For each corner of a lot....00 be a fee of P5..... P40... For each corner in excess of the first twenty corners ..……………………………... verification..00 per plan. shall apply to similar services rendered in corners. For the next ten corners or fraction thereof . For the first ten corners or fraction thereof ...... P20..... and reconsolidation plans....……………………….. special work order plans on the 3.. 2. and other plans of similar nature. 1..00 Provided... 4. and approval …………………….... the data of which are available in the Commission. whether for 3.40 of such lot in the first twenty corners In the computation of fees relative to lots subject of .. said lot being adjacent to the first lot or any other lot connection with the examination.. For each additional lot. consolidation and consolidation-subdivision plans. shall in no case be less than P8.. consolidation-subdivision..00 2..………… P40.…………………………… 0.. For the first lot........20 4... resurveyed or relocation plan.. The rates of fees prescribed in paragraph 1 and 2.. the fees shall be computed as follows: (d) For each observation . For each non-adjacent lot (other than the first charged lot). If any lot contains more than twenty corners for each corner P0... 0....10 plan.... which must be the biggest of the group. For changing or correcting the name of any person (b) When the plan to be so prepared contains two appearing on the subdivision plan or other plan in order to or more lots: have it conform to that stated in the certificate of title covering the land. For the preparation of a plan in a tracing cloth of any corner is common to two or more lots .……………………………….…………………………………….. however. except when the same is merely traced from an existing (c) For each traverse station . 0...00 per plan.. private surveys. that the total fee as computed above. 2.. resubdivision. irrespective of the number of its corner . irrespective of the number of its P15.50 (a) When the plan to be so prepared contains only (e) In case the plan is a resurveyed or relocation plan an one lot: additional 40 per cent of the rates prescribed above shall be collected. and for the cancellation of an approved plan when so requested by the interested party..

(c) For one copy of more than eighty square decimeters but not 9....………………………………………. P1..00 be 50 per centum of the fees prescribed under paragraph 4 exceeding eighty square decimeters in size ..…………………………………... complete with bearings and distances any plan on file in the Commission.. P3. the fee shall be 30 per centum of the follows: fees prescribed in paragraph 4 above... (a) For the first ten corners or fraction thereof P20. extra charge .........…………………………..... shall be as follows: size....... (b) For the second ten corners or fraction thereof 5. the fee on the basis of each lot..20 (a) For technical descriptions of lots or parcels.. For each sheet ... 2..20 distances of the sides and tie-lines... add to the total fees 5.00 exceeding one hundred twenty square decimeter in size ………………….....00 9..... double-spaced. or 60 per centum of the same fees... (d) For each corner in excess of the first thirty corners 0.. 7...00 (b) For lot description prepared in tracing cloth (on tabulated form) including certification: 1... For the preparation of a plan in tracing cloth.00 the following fees: . if made on an enlarged scale.00 . 0.... to be traced 8. For furnishing a plan copy (blue-print.50 cloth.. 4.00 as above computed .20 (f) If the plan or sketch so prepared contains the bearing and 3.... if made on a reduced scale..00 1. typewritten in triplicate and …………………………….. the fee shall (b) For one copy of more than forty square decimeters but not 6.....……... add to the total fees as above computed 10 per centum thereof.. For the preparation of technical descriptions. 3........ the basis rate of nine pesos plus for every twenty square decimeters or fraction thereof in excess …………………………………... or white print) of from an existing plan. For each extra carbon copy.... above. (a) For the copy of any size not exceeding forty square decimeters P3.... complete with bearings and distances of sides and tie-lines. 5.. 0............ the fee shall be as of corners and tie lines......00 6. Minimum total charge . For the preparation of a plan in tracing cloth.50 .. mere copying from an existing copy. to be copied . there shall be collected (c) For the third ten corners or fraction thereof 2....……………………………………. For each corner of a lot . For the preparation of a simple plan or sketch of any available survey or plan on any paper other than a tracing (d) For one copy in excess of one hundred twenty square decimeters in 0... but using a different scale.………. other than . including certification: (e) If the sketch is prepared in tracing cloth...... For each lot .... from an existing plan.

relocation survey and Special Account. m.....00 10 (a) For each plan with an aggregate area of 1. 0. An additional P30.. or less P100. to 30th ha. the fees shall be as follows: Deeds and of the Land Registration Commission under this Section and Sections 118 and 116 of this Decree shall be appropriated and upon approval of a budget for it by the Ministry of the Budget.. Rural (Agricultural) employees of the Commission.2.. 10....00 per ha..m... For the 31st ha. including those of the Registries of Deeds. For the 21st ha.. to 10th ha.00 The fee for relocation survey or resurveyed shall be one hundred fifty per 2.. or more .. m.. A fraction of a hectare shall be considered one hectare.. the issuance of all other certification P5.00 plus one 30- centavo documentary stamp to be affixed thereto..20 Area Survey Fee 3.00 per ha.....000 s. for payment of allowances of officials and 1. as .... per plan or print copy P3.... For certification of plans or copies of plans as to the correctness of the same. For each lot . 11.. Urban (Solar): consolidation-subdivision... m.... (b) For each subdivision with an aggregate area of more than 1. or less . simple or complex subdivision plans. to 20th ha...... for the purchase of necessary equipment. . or fraction thereof . For the 11th ha..00 per ha. m.00 (c) Any common corner shall be counted as many items as there are lots to For the 2nd ha. For actual field work of subdivision survey.00 cent (150%) of the amount of survey fee collectible on the basis of the schedule of fees for subdivision survey as provided in the preceding paragraph plus one per cent (1%) of the assessed value of the land. to 200th ha. For inspection of land subject of private surveys.. Twenty per centum of all the collections of the Registers of resurveyed of land. For the first 1. resubdivision.00 . special work orders......000 sq.000 sq. or reconsolidation plans.. which it pertains.. 10. 12.. P20.00 per ha.... An additional P10. For every succeeding 1. and other plans of similar nature for the purpose of verification and/or approval: First 200 sq.. P100... For each corner in excess of ten for a lot ..00 per ha..000 sq.00 and for For the 201st ha. Succeeding 201 sq.. An additional P20..... P 350.10 For the first hectare ... or consolidation. An additional 60... m... or over An additional P8.: (b) Relocation Survey or Resurveyed: 1.. 2. such amounts shall be (a) Subdivision survey: disbursed and all offices under the Land Registration Commission. 0.

It shall be understood that any recording made under this registration is not contemplated. with appropriate annotation. the Register of Deeds shall person or persons executing the instrument and their witnesses. and all the endorse among other things. said official shall advise the party in public or other public officer authorized by law to take acknowledgment. the file number and the date as well as the hour and shall be stated in the acknowledgment. mortgage. mortgage or encumbrance of two or more parcels of the Primary Entry Book. transfer. No deed. (d) Tax sale.authorized by the Commissioner. Where the instrument acknowledged minute when the document was received for recording as shown in relates to a sale. upon the original of the recorded ages sealed with the notarial seal. The Commissioner of Land Registration Book shall contain. hour and the proceedings in land registration and shall take charge of the printing of minute it was presented and received. each page of the copy to be kept by the section shall be without prejudice to a third party with a better right. the Register of Deeds shall forthwith record the instrument in witnesses who shall likewise sign thereon. certifying that he has recorded the instrument after CHAPTER XIII reserving one copy thereof to be furnished the provincial or city DEALINGS WITH UNREGISTERED LANDS assessor as required by existing law. Book. Recording of instruments relating to unregistered lands. the nature of the document. unless such instrument shall have been recorded in the operating expenses of the Commission. manner herein prescribed in the office of the Register of Deeds for the province or city where the land lies. for contracts regarding security printing of registered under the Torrens system shall be valid. among other particulars. it appears that it is sufficient in person or persons executing the same in the presence of at least two law. discharges. The recording of the deed and land title forms. returning to the registrant or person in land. after the same shall have been entered in the Primary Entry voluntary instruments. on the face of the instrument. the number thereof shall likewise be set forth in said acknowledgment. interest in writing of the ground or grounds for his refusal. every such instrument shall be signed by the (b) If. shall be signed on the left margin thereof by the (c) After recording on the Record Book. powers of attorney and other Book. or other voluntary instrument affecting land not claim and other instruments in the nature of involuntary dealings . Section 113. Forms in conveyancing. executed in accordance with law in the form of public instruments shall be registerable: Provided. the entry number. adverse conveyance. In case the Register of Deeds refuses its free act and deed of the person or persons executing the same before a notary administration to record. interest the duplicate of the instrument. or if Decree. and the Where the instrument so acknowledged consists of two or more pages latter may appeal the matter to the Commissioner of Land including the page whereon acknowledgment is written. for survey contracts. that. the date. CHAPTER XII FORMS USED IN LAND REGISTRATION AND CONVEYANCING (a) The Register of Deeds for each province or city shall keep a Primary Entry Book and a Registration Book. other instruments relating to unregistered lands shall be effected by any of annotation on the space provided therefor in the Registration Deeds. except the page where the signatures already appear at the foot of the instrument. attachment and levy. lease. and shall acknowledged to be the the manner provided herein. conveyances. the shall prepare convenient blank forms as may be necessary to help facilitate names of the parties. and this fact as well as the number of pages instruments. encumbrances. each page of the Registration in accordance with the provisions of Section 117 of this copy which is to be registered in the office of the Register of Deeds. The Primary Entry Section 112. and for the maintenance and other parties thereto. notice of lis pendens. except as between the Land title forms. notary public. whether affecting registered or unregistered land.

Supporting papers presented and shall record in such books any chattel mortgage. this section. Entry fee. The recording of a mortgage shall be effected by making an entry. with respect to unregistered lands. and a (a) Six thousand pesos maximum. Fees for chattel mortgages. The register of Deeds shall Section 115. after the same shall have been entered in the primary Entry Book. A chattel mortgage shall be recorded in the office of the Register of Deeds of the province or city where Duly certified copies of such records and of filed instruments shall be the mortgagor resides as well as where the property is situated or ordinarily receivable as evidence in any court. date of the instrument. seven pesos mortgage. For filing and recording each chattel mortgage. if made in the form sufficient in The Register of Deeds shall also certify the officer's return of sale upon any law. setting forth the names of the mortgagee and established in the following schedule shall be collected: the mortgagor. Section 114. five pesos. For entry or presentation of any document in the duplicate. When the amount of the note that the property mortgaged. therefor in the Registration Book. and all or presentation fee unless the party in interest desires that they be such instruments shall be presented to him in duplicate. When the amount of the mortgage is more than six thousand pesos but does not exceed thirty thousand pesos. and minute when the same is received for REGISTRATION OF CHATTEL MORTGAGES record and record such certificate index of mortgagors and mortgagees. (b) Thirty thousand pesos maximum. 2. forty-eight pesos for the initial . which record and index shall be open to public inspection. as well as the terms and conditions of the mortgage does not exceed six thousand pesos. shall likewise be admissible to record under this section. hour. and upon any other instrument relating to such a recorded mortgage. The recording of other instruments relating to a recorded and three pesos for each additional five hundred pesos. name of the notary before whom it was sworn to or acknowledged. the original to be likewise entered. number thereof. the date. the date. the sum or obligation guaranteed. or fractional part thereof. and give a certified copy thereof. upon payment of the legal fees for such copy and certify upon each concerning registered lands. which shall including the necessary certificates and affidavits. kept. assignment or discharge together with the principal document need not be charged any entry thereof. he shall collect the same amount of fees prescribed for when requested. giving the proper file for the first five hundred pesos. etc. and any other instrument relating to a recorded mortgage. mortgage officer's return of sale or discharge of mortgage. Primary Entry Book. and minute when the same was by him received. and a reference of such (e) For the services to be rendered by the Register of Deeds under return on the record of the mortgage itself. filed and the duplicate to be returned to the person concerned. as well as on its 1. shall certify on each mortgage filed for record. Recording of chattel mortgages. Every Register of Deeds collect the following fees for services rendered by him under this section: shall keep a Primary Entry Book and a Registration Book for chattel mortgages. Chattel Mortgage. making reference upon the record of such officer's return to the volume and page of the record of the mortgage. or mortgage shall be effected by way of annotation on the space provided fractional part thereof. hour. Manner of recording chattel mortgages. Section 116. both on the original CHAPTER XIV and in the duplicate. mortgage. is mentioned in detail in the instrument filed. when similar services for the registration of deeds or instruments requested. the fees be given a correlative number. upon payment of the legal fees for such copy thereof.

but in no case shall . or trustee. When the 4. appointment of guardian. When the instrument of sale. or any other instrument in which city or province where the instrument is first presented for a person is given power to act in behalf of another in connection with registration shall collect the full amount of the fees due in a mortgage. however. 3. For recording a power of attorney. seven pesos. Sheriff's return of sale. pesos but does not exceed five hundred thousand pesos. that if the mortgage is to be registered in trustee. amount of the mortgage is more than one hundred thousand including the necessary index and annotations. the Register of Deeds of the guardian. exceeding one hundred ten thousand pesos and twenty including the necessary index and references. pesos. For recording each (c) One hundred thousand pesos maximum. three hundred fifty-two pesos for the initial amount not 5. stated in the instrument.amount not exceeding eight thousand pesos. Notice of attachment. Release of mortgage. eight pesos. (d) Five hundred thousand pesos maximum. and thirty pesos for each additional twenty thousand including the index and references. pesos. For recording each instrument or order relating to same instrument is also to be registered shall collect only a a recorded mortgage. Release of attachment. one thousand one hundred sixty-two pesos for the initial amount not exceeding five hundred twenty thousand 7. When the 6. For recording each notice of attachment. basis of five per centum of the amount of the mortgage. or of the assignment of mortgage but does not exceed one hundred thousand pesos. accordance with the schedule prescribed above. and the Register of Deeds of the other city of province where the 9. five pesos. thereof. Power of attorney. Conveyance of mortgaged property. sum equivalent to twenty per centum of the amount of fees for which no specific fee is provided above. the fees established in the preceding schedule shall be hundred fifty pesos for the initial amount not exceeding collected on the bases of ten per centum of the amount of the thirty-five thousand pesos. further. provided. one credit. including the necessary index and references. pesos or fractional part thereof: Provided. administrator. five pesos. etc. For recording each sheriff's return of sale. appointment of judicial more than one city or province. or transfer of the property which is amount of the mortgage is more than thirty thousand pesos subject of a recorded mortgage. No specific fee. that the latter is additional five thousand pesos of fractional part thereof. that registration of the mortgage in the province where the property is situated shall be sufficient registration and 8. amount of the mortgage is more than five hundred thousand including the proper annotations. and eight pesos the fees payable in any Registry be less than the minimum for each additional two thousand pesos or fractional part fixed in this schedule. administrator or provided. due and paid in the first city of province. For recording each release of attachment. For recording such release of mortgage. the fees established in pesos for each additional ten thousand pesos or fractional the schedule under paragraph (b) above shall be collected on the part thereof. (e) More than five hundred thousand pesos. ten pesos. and fourteen pesos for each mortgage or unpaid balance thereof. conveyance.

ruling or order of the Commissioner relative to consultas two hundred words. Certification. for each such certificate containing not more than the final resolution. that the party in interest who disagrees with document on file. Postage exemption. five pesos. the validity of the remainder shall not be agreeable to such ruling. Deeds after final resolution or decision thereof. When the Register of Deeds is in doubt with regard Section 119. words or fractional part thereof. This Decree shall take effect upon its approval. Register of Deeds with reference to any such instrument. in conflict or inconsistent with any of the provisions of this Decree are hereby repealed or modified accordingly. Separability clause. No postage stamps or mailing charges shall to the proper step to be taken or memorandum to be made in pursuance of be required in all matters transmitted by the Land Registration Commission any deed. provided. mortgage or other instrument presented to him for registration. or researches on any document on file in the Registry. considering the consulta and the allowed by law for copies kept by the Register of Deeds. an may appeal to the Court of Appeals within the period and in manner provided additional fee of one peso shall be collected for every one hundred in Republic Act No. For services rendered in attending to requests for references to. if it exceeds that number. 5434. . For issuing a certificate relative to. this 11th day of June.00) from the National Treasury not otherwise appropriated for CHAPTER XV the implementation of this decree. His 11.000. For certified copies of records. elevate the matter by consulta within five days from receipt of notice of the denial of registration to the Commissioner of Land Registration. There is hereby appropriated initially the sum of there shall be collected a fee of two pesos per document. Certified copy. shall enter an order prescribing the step to be taken or memorandum to be made. he may. Where the instrument is denied registration. orders. the Register of Deeds shall notify the interested party in writing. Appropriation. where any party in interest does not agree with the action taken by the 118 and 117 of this Decree.340. setting forth the defects of the Section 121. such fees as are The Commissioner of Land Registration. if withdrawn by petitioner. Section 117. without withdrawing the documents from affected thereby. or showing the resolution or ruling in consultas shall be conclusive and binding upon all existence or non-existence of an entry in the registration book. and advising him that if he is not Decree is declared unconstitutional. rules and Deeds. regulations. or parts thereof. Section 118. Section 122. 10. the certificate of title which shall be canceled motu proprio by the Register of nineteen hundred and seventy-eight. in excess of the first two hundred words. Research Fee. records certified to him after notice to the parties and hearing. CHAPTER XVI FINAL PROVISIONS 12. or or any of its Registry of Deeds in the implementation of Sections 21. or by the party in interest thru the Register of Deeds. Effectivity. said sum shall be added to the CONSULTAS regular appropriation act of every year. in the year of Our Lord. the question shall be submitted to the Commissioner of Land Registration by the Register of Section 120. Repealing clause. or before resolution. thereafter. 106. The Register of Deeds shall make a memorandum of the pending consulta on Done in the City of Manila. or a Registers of Deeds. the Registry. decrees. Procedure. All laws. 40. In the event that any provision of this instrument or legal grounds relied upon. TWELVE MILLION THREE HUNDRED FORTY THOUSAND PESOS (P12.

100. corporation. Section SUBJECT : GUIDELINES IN THE DISPOSITION OF 31. Legal Bases. of the Public Land Act is the applicable provision on UNTITLED PRIVATELY-CLAIMED AGRICULTURAL the treatment of the excess area. 229. or acquire not more than twelve (12) hectares thereof by purchase. 2012.” and commodity produced. Consistent with the provisions of R. No. Untitled privately-claimed agricultural lands (UPALs) covered by the Agrarian Reform Law are acquired from landowner-claimants and 1. title. otherwise known as the Comprehensive Agrarian Reform Law of 1988 shall cover. make administrative corrections of the same. as amended by R. association. this Joint E. 6657. ______ Series of 2014 “x x x Having settled that the limitation is now 12 hectares. 100.) No. No. dated November 13. remain as such and ought to be used only by the government. homestead or grant. Section 1. No. including other lands of the public domain suitable for agriculture.A. interest. Section 3 of Article XII of the 1987 Constitution states that citizens of the distributed to landless farmers. patents to farmers and farmworkers covered by agrarian reform for both private and public lands and when necessary.O. Philippines may lease not more than five hundred (500) hectares. supra.A. 129-A dated July 26. or partnership resulting directly or indirectly in such excess shall revert to the State. Section 31 LANDS provides that any excess in area over this maximum and all right. claim or action held by any person. OINT DAR-DENR ADMINISTRATIVE ORDER In the Department of Justice (DOJ) Opinion No. although declared alienable or disposable. 6657. . 1987 empowers DAR to issue emancipation Administrative Order (JAO) is hereby issued. it is stated that: No. dated 13 November 2012. all public and private agricultural lands as provided under Proclamation No. (Emphasis supplied) Republic Act (R.O.) No.A. 131 and Executive Order (E. This interpretation is in accord with the Regalian doctrine and its PREFATORY STATEMENT concomitant assumption that all lands owned by the State. regardless of tenurial arrangement x x x. To repeat. 9700 and the Constitutional limitation on the ownership of UPALs as clarified under DOJ Opinion No.

for at least thirty (30) years.O.A. as amended.D. (R. shall be entitled under the provisions of this law. a tract or tracts of public 2. as amended provides that the Presidential Agrarian 1987. Under E. who shall have paid the real landless farmers/farmworkers/tillers under Presidential Decree (P. to have free patent issued to him for such tract of land not to exceed twelve (12) hectares”. 1. No. Section 44 of Chapter VII of Commonwealth Act (C. Agrarian Reform Beneficiaries (ARBs) refers to qualified tenants.) No. exercises exclusive jurisdiction on the management and Reform Council (PARC) and the DAR shall have the power to issue rules disposition of all lands of the public domain and shall continue to be the and regulations.D. and other agrarian laws.) estate tax thereon while the same has not been occupied by any person No. Further. whether substantive or procedural. Presidential Decree (P. Republic Act (R. No. entitled “Decreeing the Emancipation of Tenants from the Bondage of the Soil Transferring to them the Ownership of the Land They Till and Providing the Instruments and Mechanism Therefor”. prior to his application with the department.) No. the following terms are defined: Philippines who is not the owner of more than twelve (12) hectares and who. 1. 2. 1. surveying objects and purposes of the said Act. mandates the equitable distribution of all public and private agricultural lands to landless farmers and 2. 27. Section 2. CARP-Covered Lands refers to all agricultural lands devoted to or farmworkers in order to provide them with the opportunity to enhance suitable for agriculture. 192. Section 49 of Republic Act 1. Such provision of law provides for the basis in identifying whether a land is considered as UPAL. as amended. dated June 10. Applicable Titling Limit refers to the maximum area of public agricultural (alienable and disposable) lands which can be owned by a person pursuant to the 1935. agricultural lands subject to disposition.) No. to carry out the sole agency responsible for classification. 6657. sub-classification.) No. expressly provides that “Any natural born citizen of the For the purpose of this JAO.A. 1973 and 1987 Constitutions. Alienable and Disposable (A & D) lands refers to lands of the public domain which have been released and proclaimed as such by the President from the mass of unclassified public lands. or reclassified as such from other forms of classification through an Act of Congress.A. has continuously occupied and cultivated either by himself or through his predecessors-in-interest. empowers the DAR through its Secretary to promulgate rules and regulations for the implementation of this law. 6657. whether private or public. 6657. the DENR. regardless of tenurial . Definition of Terms.A. 27 or R. or the Reorganization Act of DENR. and titling of lands in consultation with appropriate agencies. otherwise known as the Comprehensive Agrarian Reform Law (CARL). 141. 2. their dignity and improve the quality of their lives through greater productivity of agricultural lands.

1 hereof. Voluntary Offer to Sell (VOS) is a mode of acquisition of land under and regulations. Certification of Deposit (COD) refers to a document issued by the Land (OP) pursuant to P. No. 1972 or the date of Order of Placement 2. 6657. if there is/are any. 2.A. Landowner-claimant refers to a natural born Filipino citizen who has titling limit.1 hereof. 2. Operation Land Transfer (OLT) refers to the mechanism established for CARP pursuant to R. CARP where the landholding is voluntarily offered for sale by the landowner-claimant to the government through the DAR. Subdivision Survey refers to survey work conducted by a licensed 2. non-CARPable areas.2 hereof. 2. No. Retention refers to the selection by the landowner-claimant of an of the Philippines (for titled landholdings only) and the registration of aggregate area of not more than five (5) hectares which shall remain Emancipation Patents/Certificates of Land Ownership Award with him or her and cannot be acquired and distributed under CARP. Notice Of Coverage (NOC) refers to a document issued by the DAR to the landowner informing that his/her landholding is subject for coverage under CARP for acquisition and distribution to qualified ARBs and to exercise certain rights within a prescribed period under existing laws 2. Untitled Privately-claimed Agricultural Land (UPAL) refers to a tract of A & D agricultural public land being claimed by a landowner-claimant by virtue of recognizable private rights pursuant to Section 5. No. the emancipation of the tenants from the bondage of the soil or transfer of private agricultural lands primarily devoted to rice and corn under a system of share crop or lease tenancy whether classified as Landed Estate or not as of October 21. and the area in excess of the applicable 2.O. segregate the applicable titling limit prescribed under Section 5. the retention area for the landowner-claimant (if applicable). arrangement and commodity produced which are covered under the 2. as amended.D. 228. (EPs/CLOAs) in favor of the agrarian reform beneficiaries (ARBs). the area for distribution to the ARBs as well as the preferred beneficiaries. as basis of the Register of Deeds (ROD) before effecting the transfer of title from the LO-claimant to the Republic 2. Bank of the Philippines (LBP) addressed to the DAR Secretary attesting that the land compensation in cash and bonds has been deposited in the name of the landowner-claimant. Excess Area refers to any area in excess of the applicable titling limit geodetic engineer by administration or by contract to delineate and which shall revert to the state. continuously occupied and cultivated a tract of agricultural public land and has complied with the other requirements set forth in Section 5. . 27 and E.

Section 5. acquired a recognizable private right over an untitled landholding shall and be. To clarify the rules and facilitate the disposition of UPALs by the DAR a. OLT-distributed but not yet documented (DNYD) lands covered under P. . To clarify the procedure in the validation and documentation of vested rights of the landowner-claimant. Classification of the land as alienable and disposable. categorized as follows: c. Other lands that may later be identified jointly by the DAR and DENR as UPALs under CARP and the disposition thereof in excess of the applicable UPALs. titling limit on the ownership of public lands. Coverage. Continuous occupancy and cultivation by oneself or through one’s under the applicable titling limit. No. This JAO shall apply to all UPALs.A. as amended. Statement of Policies.D. No. Objectives. as follows: 3. Lands covered under R. To define the limits of jurisdiction of DAR and DENR in the coverage of 4. 27 and E. Section 4. initially identified by the DAR in its database as potential UPALs. 228 where the documentation is ongoing at the DAR’s Municipal Agrarian Reform Office (DARMO)/Provincial Agrarian The objectives of this Joint Administrative Order (JAO) are: Reform Office (DARPO). The criteria for the determination of whether or not a person has already excess of the applicable titling limit to be retained in DENR’s jurisdiction. Absence of any adverse claims on the land. d. predecessor’s-in-interest for at least thirty (30) years. and 4.O. No.Section 3. 3. 6657. 4. and 3. b. Payment of the real estate tax thereon. the subdivision survey and disposition of the areas to be retained by DAR for disposition under CARP and the 5.

27 and that the farmer-tenants are deemed owners thereof using CARPER. Article XIV.O. the maximum titling limit of twelve (12) hectares under the 1987 Constitution shall be observed in the acquisition and disposition of identified UPALs covered under the Operation Land Transfer (OLT) 1.1 From February 02. Validation and Documentation. 1987 Constitution (b). 1987 to Present 12 has. 6657. as follows: prescribed under the previous Constitutions.A. For UPALs covered under CARP pursuant to R. No.1. Article XII. 6. Section 11. DAR may request for documents from DENR and other agencies as may be necessary. by operation of law are deemed private lands as of October 21.2 Section 2. 2-A. Section 6. namely: the 1935 and 1973 Constitutions shall also be respected provided that the vested rights of the landowner-claimant over the land had accrued during the effectivity of these Constitutions. 1972. hence. 1. it is to certify that no title has been issued by any government agency and court over the land. Article XIII. For untitled tenanted rice and corn lands which have been decreed as covered under OLT pursuant to P. Generally. However. No. From May 14.1. 24 has. 1935 to January 16. the list of UPALs shall be submitted by the concerned DARMO to DENR-CENR Office for validation and certification pursuant to Section 6.D. 1935 Constitution Further. 228. Constitutions within the aforementioned periods pursuant to Section 5. 1987 1973 Constitution Section 3. The validation and documentation of UPALs shall consist of issuance of a program and the CARP. From January 17. the Constitutional provisions and their corresponding titling limits are: a. hereof. had Accrued Operative Law Hectares) the DENR shall issue Certification that the landowner-claimant had acquired a vested right on the land under any of the applicable Philippine 24 has. the DAR shall issue a Certification that the subject landholdings are covered under P. No. 1973 hereof and are thus deemed UPALs using CARPER-LAD Form 2-B. For purposes of issuance of certification by DENR under Section 6. Applicable Titling Limit Period when the Vested Right of the Landowner-Claimant Over the Land (Area in b. 1973 to February 01. the applicable titling limits as Certification. Specifically. No.LAD Form No. . 5. Procedures. 27 and E.D. as amended.

Advise him/her that he/she has the right to select the exact location of a. The maximum area of the applicable titling limit based on the CARPER LAD Form No. 3-E) shall be deemed as a waiver to which must be compact and contiguous. the DAR-PARPO shall notify the landowner-claimant of the following information using CARPER-LAD Form No. For UPALs With Previously-Issued NOCs/With Acceptance Letter for VOS 1. using a. upon receipt of DENR’s Certification (CARPER-LAD Form 2-B) on UPALs with NOCs within the applicable titling limit. statements: b. Notice of Coverage (NOC) and Acceptance Letter for Voluntary Offer LAD Form No. 3-D. 3-E applying the rules on service of NOC and to Sell (VOS). 3-E: The DAR shall issue a Notice of Coverage (NOC) based on the list of initially-identified UPALs from its database covering the entire area of the landowner-claimant. shall contain the following certification from the DENR-CENRO. the PARPO shall issue the Letter Advice using CARPER . if any and in case applicable titling limit within thirty (30) days from receipt of the Letter he/she opts to retain. b. That the landowner-claimant has the right to select the exact location of c. shall proceed with the Land Acquisition and Distribution (LAD) process. if applicable. That the failure of the landowner-claimant to choose the location of the the applicable titling limit and his/her retention area. limit.1 hereof. The NOC. and upon the recommendation of DAR. to be taken from the said applicable titling limit. The DAR. The DAR shall issue a Notice of Coverage on all UPALs.6. For UPALs without NOCs Upon receipt of the certification from DENR-CENRO. the DENR shall confirm the location of the area of said applicable titling limit. That the final area to be acquired and compensated shall be subject to the applicable titling limit and. his retention area which validation and certification/confirmation of the DENR as provided under must be compact and contiguous. These UPALs may fall under the following categories: 1. Advice (CARPER-LAD Form No. choose. to be taken from the applicable titling Section 6.

1. and non-CARPable area such as roads. 07. The covered land considered as UPALs shall be acquired and The DAR. 3-E and shall proceed with the Land Acquisition and Distribution 1. the PARPO shall issue the Letter Advice to Landowner-claimant using CARPER LAD Form No. Section 6. CARP-covered lands shall be acquired and distributed. The NOC using CARPER-LAD Form No. Series of 2011. That the landowner-claimant has the right to select the exact location of the applicable titling limit and his/her retention area. offered under VOS without Acceptance Letter for VOS.1 hereof. distributed under the following: LAD Form 2-B) on UPALs with NOCs within the applicable titling limit. in accordance (LAD) process. bridges. for acquisition and distribution by the DAR. Lands with pending VOS applications with the DAR delineating and segregating the applicable titling limit from the area in excess thereof. entitled “Revised Rules and Procedures Governing the Acquisition and Distribution of . CARP-Covered Areas. b. if applicable and in case he/she opts to retain. That his/her failure to manifest and select the retention area within thirty (30) days from receipt of such advice shall also be deemed a waiver to retain and the entire applicable titling limit shall be processed 6. Conduct of Subdivision Survey. The DAR shall conduct the subdivision survey of the entire land. if there is/are The DAR shall issue a Notice of Coverage (NOC) to all lands any. The applicable titling limit shall include the retention area. That the final area to be acquired and compensated shall be subject to validation and certification/confirmation of the DENR as provided under The subdivision survey shall be submitted to the DENR for approval. which must be compact and contiguous. a. limit. etc. Section 7. upon receipt of DENR’s Certification (CARPER. with DAR A. Disposition of Areas Covered by this JAO. as amended. the area for distribution to the farmer beneficiaries and the preferred CARP beneficiaries.d. to be taken from the said applicable titling 7. No.O. if any. 3-D shall contain the following: The area in excess of the applicable titling limit shall be surveyed as one (1) lot to be designated and indicated on the plan as “Public Land”.

. 228. 19 and 2003-1. (COD) prior to its effectivity. the CENRO such as the list of actual tillers/occupants. The DARMO may submit other documents to DENR- In the event any of the provisions of this JAO is declared unconstitutional. Section 8. 141. excess area for reference purposes in the disposition of the land. 14. 1. Effectivity. The landowner-claimant shall be compensated by the Land This JAO shall not apply to UPALs already issued with Certification of Deposit Bank of the Philippines (LBP).O. Private Agricultural Lands under Republic Act 6657. Section 9.D. 6657. and regulations. as amended. Areas in excess of the applicable titling limit shall be retained under Section 11. provided that the validity of any and all acts NO. and other pertinent rules and activities herein shall be charged against the approved Maintenance and regulations. as amended. in accordance with existing accounting and auditing rules. Repealing Clause. Other Operating Expenses (MOOE) of the DAR Provincial Agrarian Reform Office (DARPO) concerned. and other pertinent rules and regulations. No. No. 407. All issuances that are inconsistent herewith are hereby repealed or modified accordingly. rules. as Amended”. 27/E. Section 12. DENR’s jurisdiction to be disposed in accordance with the provisions of C. if any.A. 7.O. and other pertinent rules and regulations. and in already undertaken in accordance with prior rules and procedures on land accordance with existing policies. No. Funds.D. Joint All necessary and incidental expenses incurred in the conduct of all the DAR-DENR MC Nos. A Free Patent for the retained area of not more than five (5) hectares shall be issued by DENR to the landowner-claimant. No. Separability Clause. Transitory Provision. No. No. of the validity of the other provisions shall not be affected by said declaration.O. 228.A. pursuant to P. Section 10. Areas In Excess of the Applicable Titling Limit. 27/E. E. acquisition and distribution of private agricultural lands shall still be governed by the rules and procedures governing at the time of the said acts were undertaken. and R. OLT-covered lands shall be documented and distributed in accordance with P.

This Joint Administrative Order shall take effect ten (10) days after its publication in two (2) newspapers of general circulation. .

developmental. subject to such priorities and reasonable retention limits as the Congress may prescribe. In determining retention limits. The State shall. and subject to the payment of just compensation. The State shall further provide incentives for voluntary land- sharing. in the case of other farmworkers. taking into account ecological. to receive a just share of the fruits thereof. To this end. by law. undertake an agrarian reform program founded on the right of farmers and regular farmworkers. . or equity considerations. the State shall respect the right of small landowners. Private property shall not be taken for public use without just compensation. ARTICLE XIII Social Justice and Human Rights SECTION 4. to own directly or collectively the lands they till or. who are landless. the State shall encourage and undertake the just distribution of all agricultural lands. ARTICLE III Bill of Rights SECTION 9.

A. This law. that this violated the principle in eminent domain which provides that only Agrarian Land Reform Code or R.A. instituting a comprehensive agrarian reform program (CARP) was enacted. 27 was promulgated in 1972 to provide for the ISSUE: compulsory acquisition of private lands for distribution among tenant.A. undertake an agrarian reform program Manaay also questioned the provision which states that landowners may be founded on the right of farmers and regular farmworkers. they should not be forced to distribute Equal protection simply means that all persons or things similarly situated their land to their tenants under R. In short. Under the considerably changing the earlier mentioned enactments.e. 131. The Association have not shown that they belong to a different class agrarian reform program because they claim to belong to a different class. who are landless. 228. This. Inc. unvalued lands covered by the decree as well as the manner of their payment. in the case of other just compensation has always been in the form of money and not in bonds. The (3) it must not be limited to existing conditions only. No. these same particulars. P. No. courts can determine just compensation. No. exception from the land distribution scheme provided for in R.Association of Small Landholders of the Philippines v Secretary of Agrarian G. No. 79777: (Manaay vs Juico) Reform Nicolas Manaay questioned the validity of the agrarian reform laws (PD 27. No. No. 6657 and related laws i. while different class exempt from the agrarian reform program. in favor of the beneficiaries of PD 27 and providing for the valuation of still 3. No. Comprehensive Agrarian Reform Law in 1988. No.R.O. under the agrarian reform program. and Association is comprised of landowners of ricelands and cornlands whose landholdings do not exceed 7 hectares. To be valid. to receive a just share of the fruits thereof. President Corazon Aquino issued E. 3844).D. farmers and to specify maximum retention limits for landowners. 6657. 6657. was also enacted. 229. E. declaring full land ownership 2. The Association of Small Landowners in the Philippines. RA 3844 was enacted in 1963. Manaay averred Comprehensive Agrarian Reform Act (R. Afterwhich is the enactment of 1. later.R. No. program. Whether or not just compensation. must be in terms of cash. The State shall. providing the mechanics for its HELD: (PP131’s) implementation.A. In 1987. 6657 for they themselves have shown must be treated alike both as to the rights conferred and the liabilities willingness to till their own land. Whether or not there is a violation of due process. They invoke that since their (4) it must apply equally to all the members of the class. and 229) on the ground that these laws already valuated their lands for the agrarian reform program and that the specific amount must be These are four consolidated cases questioning the constitutionality of the determined by the Department of Agrarian Reform (DAR). paid for their land in bonds and not necessarily in cash.P. Whether or not there was a violation of the equal protection clause. No. . sought (2) it must be germane to the purposes of the law. it must conform to the following [Two of the consolidated cases are discussed below] requirements: G. 1. for Manaay. 78742: (Association of Small Landowners vs Secretary) (1) it must be based on substantial distinctions.A. they want to be exempted from imposed. Eminent Domain – Just Compensation EO 228.O. Manaay averred that to own directly or collectively the lands they till or. nevertheless gives law. no property shall be taken for public use Rights includes a call for the adoption by the State of an agrarian reform without just compensation. landholdings are less than 7 hectares. P.. In 1987. by law. farmworkers. The Association had not shown any proof that they belong to a R. also violated due Brief background: Article XIII of the Constitution on Social Justice and Human process for under the constitution. classification has been defined as the grouping of persons or things them suppletory effect insofar as they are not inconsistent with its similar to each other in certain particulars and different from each other in provisions.

This is even so provided by RA 6657: Section 16 (f): Any party who disagrees with the decision may bring the matter to the court of proper jurisdiction for final determination of just compensation. Its decision is accorded recognition and respect by the courts of justice except only where its discretion is abused to the detriment of the Bill of Rights. just compensation can be that amount agreed upon by the landowner and the government – even without judicial intervention so long as both parties agree. and other securities. bonds. The agrarian reform program is a revolutionary exercise of eminent domain. The argument that not only landowners but also owners of other properties must be made to share the burden of implementing land reform must be rejected. i. then it can go to court and the determination of the latter shall be the final determination. The program will require billions of pesos in funds if all compensation have to be made in cash – if everything is in cash. Money as [sole] payment for just compensation is merely a concept in traditional exercise of eminent domain. 3. may be used for just compensation. However. the just compensation determined by an administrative body is merely preliminary. there is no law which prohibits administrative bodies like the DAR from determining just compensation. then judicial intervention is not needed. What is contemplated by law however is that. 2. In any event. In fact. There is a substantial distinction between these two classes of owners that is clearly visible except to those who will not see. the Congress is allowed a wide leeway in providing for a valid classification. No. No. There is no need to elaborate on this matter. In the contrary.and entitled to a different treatment. it appears that Congress is right in classifying small landowners as part of the agrarian reform program. If the landowner does not agree with the finding of just compensation by an administrative body.e. shares of stocks. The DAR can determine just compensation through appraisers and if the landowner agrees. . then the government will not have sufficient money hence.. It is true that the determination of just compensation is a power lodged in the courts.

translated into a basic formula by the DAR shall be considered. Determination of Just Compensation. 6657. and seventy percent (70%) of the zonal valuation of the Bureau of Internal Revenue (BIR). EXTENDING THE ACQUISITION AND DISTRIBUTION OF ALL AGRICULTURAL LANDS. INSTITUTING NECESSARY REFORMS. AMENDING FOR THE PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. subject to the final decision of the proper court. KNOWN AS THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1988. the tax declarations. 6657. is hereby further amended to read as follows: CSTEHI "SEC. its nature. 17. OTHERWISE. actual use and income. The social and economic benefits contributed by the farmers and the farmworkers and by the Government to the property as well as the nonpayment of taxes or loans secured from any government financing institution on the said land shall be considered as additional factors to determine its valuation. AS AMENDED. the assessment made by government assessors." . Section 17 of Republic Act No. the sworn valuation by the owner. the value of the standing crop. AND APPROPRIATING FUNDS THEREFOR SECTION 7. 9700 (August 7. — In determining just compensation. 2009) AN ACT STRENGTHENING THE COMPREHENSIVE AGRARIAN REFORM PROGRAM (CARP). as amended. the cost of acquisition of the land.CARPER (Comprehensive Agrarian Reform Program Extension with Reforms) RA 9700 REPUBLIC ACT NO. the current value of like properties.

No. here order that: form of LBP bonds bearing market rates of interest that are aligned with 90-day treasury bills rates. One-tenth of the face value of the bonds shall mature every year Sec. NO. 27. and product of which shall be multiplied by Thirty Five Pesos (P35. with ten percent (10%) of the NOW THEREFORE. President of the Philippines. 1. CORAZON C. 228 July 17. the government support price for one cavan of 50 kilos of palay on October 21. 1987 cavan of 50 kilos of corn on October 21. AND PROVIDING FOR THE MANNER OF 21. the Land Bank in accordance with the provisions of Section 5 hereof. the government support price for one the Presidential Agrarian Reform Council. shall be considered as advance payment for the land. 1972 of the land they acquired by virtue of Presidential Decree No. the Agrarian Reform.00). In the event of PAYMENT BY THE FARMER BENEFICIARY AND MODE OF dispute with the land owner regarding the amount of lease rental paid by the COMPENSATION TO THE LANDOWNER farmer beneficiary. 27. 27 (hereinafter referred to as P.D. AQUINO.D. The average gross landowners and subject to the approval of the Department of production per hectare shall be multiplied by two and a half (2. 26. 2. Compensation shall be paid to the landowners in any of the following Bank of the Philippines. for purposes of determining the cost thirty (30) days from its submission pursuant to Department of Agrarian of the land to be transferred to the tenant-farmer. at the option of the landowners: the government. (a) Bond payment over ten (10) years. All qualified farmer beneficiaries are now deemed full owners as of from the date of issuance until the tenth year. there is a need to complete Operation Land Transfer and payment and the proceeds shall be held in trust by the Trust Department of accelerate the payment to the landowners of lands transferred to tenant. Sec. provided that valuation Reform Memorandum Circular No. 27 shall be based on the average gross production determined by the Barangay Committee on Land Production in accordance with Department (b) Direct payment in cash or in kind by the farmer-beneficiaries Memorandum Circular No. WHEREAS. October 21. The LDP bonds issued hereunder shall be eligible for the purchase of government assets to be privatized.D. and related issuances and with the terms to be mutually agreed upon by the beneficiaries and regulations of the Department of Agrarian Reform. the financing arm of the agrarian reform program of modes. I.5). Series of 1973. and other pertinent shall be determined by crop productivity. the landowner's compensation claim shall still be processed for WHEREAS. 3. net of applicable final withholding tax. or Thirty One Pesos (P31. No.00). and the balance in the virtue of the powers vested in me by the Constitution. for the purpose of DECLARING FULL LAND OWNERSHIP TO QUALIFIED FARMER determining its cost to the farmer and compensation to the landowner. by value of the land payable immediately in cash.EXECUTIVE ORDER NO. Presidential Decree No. 1972. pending farmers. the Department of Agrarian Reform and the Barangay Committee on Land Production concerned shall resolve the dispute within WHEREAS. 1972. and the resolution of the dispute before the court. 26. In the event a party questions in court the resolution of the dispute. 27: DETERMINING THE VALUE OF REMAINING UNVALUED RICE AND CORN Lease rentals paid to the landowner by the farmer beneficiary after October LANDS SUBJECT TO P. 27). . and the amount arrived at shall be the value of the rice and corn land. issuances. as the case may be. there is also a need to maintain the financial validity of the Land Sec. the valuation of rice and corn lands covered by P. Series of 1973. Henceforth. BENEFICIARIES COVERED BY PRESIDENTIAL DECREE NO. (c) Other modes of payment as may be prescribed or approved by 1972.

by transferees from original bondholders. his heirs or successors in interest.D. 7. from the Sinking Fund established by the Land Bank from the retirement of its bonds and other long-term obligations and which Sinking Fund is Sec.Sec. however. due from the farmer-beneficiary or a valid transferee Central Bank shall remit to the Land Bank such sums as may b necessary until the amortizations are paid in full. a lien by way of mortgage shall (a) (b) or (c) hereof. failure on the part of the farmer-beneficiary to pay three administered by the Central Bank: Provided. exist in favor of the Land Bank on all lands it has financed and acquired by the farmer-beneficiary by virtue of P. 9. public market and barangay hall or any other suitable place frequented by Sec. All the net earnings of the investment shall be for the foreclosed upon registration of said documents with the Registry of Deeds. The total costs of the land including interest at the rate of six percent the public of the barangay where the defaulting tenant-farmer resides. The original landowner-payee may be transferred after full payment of amortizations. proof of service to the tenant- Trust Department of the Land Bank. In the event that the landowner does not accept payment of the Registry of Deeds of the city or province where the land is located attaching compensation due him. Bank over a period up to twenty (20) years in twenty (20) equal annual amortizations. In the event the defaulting tenant-farmer could not be served the final notice The rights of the landowners may be exercised by his heirs upon his death. the farmer-beneficiary if he so elects. A (6%) per annum with a two percent (2%) interest rebate for amortizations certification by the Land Bank to this effect will substitute for the proof of paid on time. subsections Sec. 5. The mortgage is deemed of the Philippines. his compensation shall be held in trust for him by the thereto: a copy of the final notice for payment. As of the date of this Executive Order. Sec. may pay in full provided herein. Ownership of lands acquired by the farmer-beneficiary may surrendering the bonds to the Land Bank. shall be paid by the farmer-beneficiary or his heirs to the Land service of the final notice of payment for purposes of foreclosure. That there is no (3) annual amortizations shall be sufficient cause for the Land Bank to change in maturity of other outstanding Land Bank bonds acquired and held foreclose on the mortgage. the Land Bank shall post the notice for payment in the town hall. claim payment for the remaining unmatured period of the surrendered bonds under any of the modes of compensation provided in Section 3. Thirty (30) days after final notice for payment to the defaulting tenant- The landowner is exempt from capital gains tax on the compensation paid to farmer. a copy of which notice shall be furnished to the Department of him under this Executive Order. both In order to meet the financial requirements mentioned in this Section. Henceforth. . Lands already valued and financed by the Land Bank are The Register of Deeds of all cities and provinces are directed to have a likewise extended a 20-year period of payment of twenty (20) equal annual separate registry book to enter all the requirements of foreclosure as amortizations. the Land Bank may foreclose on the mortgage by registering a certification under oath of its intent to foreclose with the Sec. are deemed matured up to on-twenty repayment period of less than twenty (20) years if the amount to be financed fifth (1/25) of their yearly face value from their date of issue to the date of and the corresponding annual obligations are well within the farmer's this Executive Order and may be claimed by the original landowner-payee by capacity to meet. 4. 6. All outstanding Land Bank bonds that are retained by the original before the twentieth year or may request the Land Bank to structure a landowners-payee or by their heirs. The cash portion of the compensation farmer and the Department of Agrarian Reform of the final notice for and such portions that mature yearly shall be invested by the Trust payment. However. benefit of the landowner. No. for payment. and a certification that at least three (3) annual amortizations on Department only in government securities fully guaranteed by the Republic the land or the sum thereof remain unpaid. 27 for all amortizations. Agrarian Reform. the principal and interest. 8.

the actual buyer shall Coordinating Committee hereinafter referred to as GCMCC). it shall not affect any other part thereof. In Fund. Within thirty (30) days from the effectivity of this province where the land is located. the said period. such funds shall be remitted to the Land Bank for sale. orders. The amount approved by the GCMCC the Department of Agrarian Reform with a notice of sale and shall post a shall be deemed appropriate and the amount programmed for release in similar notice in the town hall. The lien of the requirements for 1987. Budget and Management and suitable place frequented by the public of the barangay where the property is the National Economic and Development Authority. The Land Bank. ownership of the land shall be deemed transferred to the Land Bank. the land. 15. not later than three (3) months after its acquisition of Order which shall not be later than sixty (60) days from the date hereof. At the same time. 17. Thereafter. 16. In case of failure to lift the foreclosure within and registration fees. The Department of Agrarian Reform and the Land Bank are authorized to issue the additional implementing guidelines of this Executive Sec. All laws. 10. 14. within sixty (60) days after the end of Land Bank by way of mortgage on the remaining unpaid amortizations shall each calendar year. will source the be determined by lottery in the presence of all the buyers or their funding requirements for Land Bank to carry out the full implementation of representatives and a representative of the Department of Agrarian Reform.Sec. The National Land Titles and Deeds Registration Administration is Sec. The tenant-farmer. rules and protect the integrity of the Torrens System. shall sell the foreclosed land to any interested landless farmer duly certified to as a bona fide landless farmer by the Department of Agrarian Sec. To ensure the successful implementation of the Agrarian Reform Reform of the barangay or the two closest barangays where the land is Program. the date and place of sale. the price. the Land Bank shall submit to the GCMCC its funding transferee only upon registration with the Registry of Deeds. to be determined by the Government Corporation Monitoring and the event that there is more than one interested buyer. The cost of the land is the unpaid amortizations due on the lands as by the National Government in the Land Bank. or any of his compulsory heirs may lift the All transactions/activities and their corresponding documents that are foreclosure within a period of two (2) years from its registration by paying registered with the Register of Deeds pursuant to the requirements of P.D. Within thirty (30) days located. shall furnish review and validation of the GCMCC. presidential decrees. the interests of the parties and regulations. it will also submit its prospective funding requirements for the current year for Sec. of all drawings the Land Bank had made against the Fund. an Agrarian Reform Operating Fund (Agrarian Fund) shall be set up situated. 12. Ownership shall transfer to the farmer Executive Order. Executive Order are hereby repealed or modified accordingly. this program which will include the net operating losses directly and The Deed of Conveyance executed by the Land Bank in favor of the farmer indirectly attributable to this program and the credit facilities to farmers and transferee shall be registered with the Register of Deeds of the city or farmers' organizations. the Land Bank all unpaid amortizations on the land with interest thereon of No. The notice shall state the description of the property subject of the from GCMCC's approval. relative to the registration with the Register of Deeds of all transactions/activities required herein taking into consideration the need to Sec. The amount of this Agrarian of the date of the sale with interest thereon of six percent (6%) per annum. The Land Bank. the Land Bank shall submit to the GCMCC an accounting subsists on the title of the transferee. Sec. and other issuances or parts thereof inconsistent with this innocent third parties. . If any part of this Executive Order is declared invalid or hereby authorized to issue such rules and regulations as may be necessary unconstitutional. 27 and this Executive Order shall be free from all documentary stamps six percent (6%) per annum. at least one (1) month prior to the sale. 11. credit to the Agrarian Fund. letters of instructions. public market and barangay hall or any other coordination with the Department of Finance. 13. Sec.

foreclosing any doubt as to allow an expanded construction that would include the opening of "trust RESOLUTION accounts" within the coverage of term "deposit. may either be landowners and withholding immediate payment to them is further premised general or special. absent any specific indication. COURT OF APPEALS. Moreover. July 5.[4] Administrative regulations must always be in harmony with the money deposited in trust for the rejecting landowners pending the provisions of the law because any resulting discrepancy between the two will determination of the final valuation of their properties. as it is the general rule. and it cannot be extended to amend or expand the statutory is sufficient compliance with the mandate of Republic Act 6657. AGRICULTURAL (Italics supplied) MANAGEMENT AND DEVELOPMENT CORPORATION. No. voluntary or involuntary (necessary) on the latter's refusal to accept the offered compensation thereby making it . filed their respective motions previously declared. 118745. 118712."[2] We reject this contention. contrary to the Court's regulating the mode or proceedings to carry into effect the law as it has been conclusion. we must adhere to the well-settled rule that when the law speaks in clear and categorical FRANCISCO. July 5. 1996] or other forms known in law. vs. [G. PEDRO L. the rule-making power must be confined to details for for reconsideration contending mainly that. ET AL. 16. Accordingly. Procedure for Acquisition of Private Lands xxx xxx xxx [G. HEIRS OF EMILIANO F. it requirements or to embrace matters not covered by the is argued that there is no legal basis for allowing the withdrawal of the statute.A. Section 16(e) of Republic Act 6657 was very specific in limiting the type of deposit to be made as compensation for the LAND BANK OF THE PHILIPPINES. No. there is no reason for interpretation or construction. respondents. COURT OF APPEALS.. deemed complying. upon the deposit with an accessible bank designated by the DAR of the compensation in cash or in LBP bonds in accordance with this Act. 1995[1]. HEIRS OF EMILIANO F. that is in "cash" or in "LBP bonds". and any thereof should be. regular or irregular. the DAR shall take immediate possession DEPARTMENT OF AGRARIAN REFORM. to wit: PEDRO L. petitioner. 1996] (e) Upon receipt by the landowner of the corresponding payment or.: language. recourse to any rule which allows the opening of trust Consequent to the denial of their petitions for review on certiorari by accounts as a mode of deposit under Section 16(e) of R. The provision is very clear and unambiguous. always be resolved in favor of the basic law. petitioners Department of Agrarian Reform the scope of the said provision and is therefore impermissible. rejecting landowners. in case of rejection or no response from the landowner. but only for application. 6657 goes beyond this Court on October 6. Certificate of Title (TCT) in the name of the Republic of the Philippines.[5] Petitioner DAR maintains that "the deposit contemplated by Section The validity of constituting trust accounts for the benefit of the rejecting 16(e) of Republic Act 6657.R. vs. YAP. represented by the Secretary of of the land and shall request the proper Register of Deeds to issue a Transfer Agrarian Reform.R. SANTIAGO. AGRICULTURAL MANAGEMENT & DEVELOPMENT CORPORATION. SANTIAGO. x x x" YAP.[3] Thus. "Sec. respondents. petitioner. As we have (DAR) and Land Bank of the Philippines (LBP). J. the opening of trust accounts in favor of the rejecting landowners enacted.

suffice it to say that in the absence of any subject however to the limitation that he can only be entitled to a "just substantial evidence to support the same. Force majeure is also contemplated in view of the devastation still falls short because the release of the amount was unexplainably limited suffered by Central Luzon de to lahar. The apprehension against the total release of the rejected rejecting landowners. through supervening administrative determination that the subject proceeds. [6] Additionally. and not the Conditional Transfer for the subject property.Petitioner DAR maintains that under to only fifty per cent instead of the total amount of the rejected offer. As an exercise of police power. the contemplated scenarios are at compensation. in view of the foregoing.necessary that the amount remains in the custody of the LBP for safekeeping suffer the consequence of being immediately deprived of his land while being and in trust for eventual payment to the landowners. Unduly burdening the property owners from of their cases.[9] limited to fifty (50) per cent of the net cash acquired. we are in effect penalizing the latter for simply exercising a decide to abandon the property and return it to the landowner when it has right afforded to him by law. His only consolation is that he can Anent the aforecited risks and disadvantages to which the government negotiate for the amount of compensation to be paid for the expropriated allegedly will be unnecessarily exposed if immediate withdrawal of the property. or even the total scrapping of the compensation despite rejecting its valuation.[7] compensation is discounted since the government's interest is amply protected under the aforementioned payment scheme because among the We are not persuaded. program itself. But the effort. these conditions. though laudable. in a situation where the odds are already stacked against his favor.[8] It is significant to note that despite determination of the just compensation would be premature and expose the petitioner's objections to the immediate release of the rejected government to unnecessary risks and disadvantages. it is made to wait for a decade or more before actually receiving the amount argued that the release of the amount deposited in trust prior to the final necessary to cope with his loss. the government will be forced to institute numerous actions notwithstanding that the rejecting landowner's property is taken in its for the recovery of the amounts that it has already paid in advance to the entirety. has nevertheless allowed partial withdrawal through LBP the coverage of the CARP certain portions of the properties that it has already Executive Order No. petitioners' motions for compensation cannot be considered "just" for the property owner is made to reconsideration are hereby DENIED for lack of merit. WHEREFORE. amount to be paid to the owners of the land. taking into account the plight of the rejecting that the government may subsequently decide to abandon or withdraw from landowners. the expropriation conditions already imposed is that the landowner must execute a Deed of of private property under the CARP puts the landowner.[10] government. much is therefore for fear of the hardships that could result from long delays in the resolution expected from the government. the landowner is merely exercising his right to seek just properties. but also the payment of the land within a reasonable time from its taking. even heated debates. citing the possibility compensation. This is contrary to the rules of fair play because the concept of the resulting flaws in the implementation of the CARP which was supposed to just compensation embraces not only the correct determination of the have been a carefully crafted legislation is plainly unfair and unacceptable.Legislations in pursuit of the agrarian reform program are not compensation illusory as it would discourage owners of private lands from mere overnight creations but were the result of long exhaustive studies and contesting the offered valuation of the DAR even if they find it unacceptable. this would render the right to seek a fair and just sanctioned. by rejecting and disputing the valuation of the moment nothing but speculations. petitioner LBP. or worse for government to subsequently his property. Without prompt payment. He has no recourse but to allow it. In implementation of the program." Clearly therefore. is undoubtedly an oppressive exercise of eminent domain that must never be Obviously. and in the meantime leave them empty handed by withholding compensation. As expected. 003. To allow the taking of the landowners' the DAR. This is a clear confirmation that petitioners themselves realize the land falls under the exempt category. but rejected compensation is allowed. If we are to affirm the withholding of the release of the offered payment of compensation while the government speculates on whether or compensation despite depriving the landowner of the possession and use of not it will pursue expropriation. . already been rendered useless by force majeure. or by subsequent legislation allowing overriding need of the landowners' immediate access to the offered additional exemptions from the coverage. the landowner will exercise this right to the hilt.

with an area of 239. 98-6438 setting the valuation of respondents RESURRECCION.R.** RESURRECCION. Rufino (Rufino). Petitioner. Irosin.736. Atanacio (Atanacio). DEL CASTILLO.versus - with modification that of Branch 52 of the Regional Trial Court (RTC) of JOSE MARIE M. ATANACIO and Acting Chairperson. Sorsogon in Civil Case No. 175644 Challenged in these consolidated Petitions for Review is the December 15.4018 hectares was subject to immediate acquisition at a valuation of P8. in 1989.* J.270. G.000. ATANACIO and SUZETTE G.40 based on the assessment of petitioner Land Bank of the Philippines (LBP). By respondents claim.R. Acting thereon.. DECISION Respondents having found the valuation unacceptable. RUFINO. 2009 x--------------------------------------------------x issued a Notice of Land Valuation and Acquisition dated October 21. RUFINO. petitioner Department of Agrarian Reform (DAR) October 2. and ABAD. the matter CARPIO MORALES. No. CV No. NILO M. NILO M. 175702 Respondents Jose Marie M. represented by OIC-SECRETARY NASSER C. are the registered owners in equal share of a parcel of agricultural land YNARES-SANTIAGO.versus .: was referred by the provincial agrarian reform officer of Sorsogon to the DAR .926. No.000 per Promulgated: hectare. 69640 affirming . DEPARTMENT OF AGRARIAN REFORM. Sorsogon. G. situated in Barangay San Benon. Arnel M. exclusive of the value of secondary crops thereon. 138.7113 JOSE MARIE M. MATEO. 138. T-22934.[2] SUZETTE G. and Suzette G. ARNEL M. Resurreccion Petitioner.LAND BANK OF THE PHILIPPINES. they voluntarily offered the aforesaid property to the government for CARP coverage at P120. 1996 declaring that out of the total area indicated in the title. (Resureccion). Mateo (Suzette) Present: . PERALTA. MATEO.4018-hectare land taken under the Comprehensive Agrarian Reform Respondents. PANGANDAMAN. JJ. 2005 Decision of the Court of Appeals[1] in CA-G. hectares covered by Transfer Certificate of Title (TCT) No.*** Respondents. CARPIO MORALES. Program (CARP) at P29. J. Nilo M.R. ARNEL M.

449. and rice. among other things.[5] Commissioner Amando Chua of Cuervo Appraisers. accompanied with LBPs certification appraise the property. LBPs nominee. Excluding the secondary compensation against Ernesto Garilao. average gross Republic of the Philippines (the Republic).[6] respondents Rufino.725. Respondents contended that LBPs valuation was not the full and fair equivalent of the property at the time of its taking.. appraised the property based (hereafter the property) and issued TCT No. 1997. in his capacity as then DAR Secretary. The Republic thereupon production. the same having been At the witness stand. and Atanacio.[8] thereof. declared that Commissioner Chua erroneously considered the secondary crops as merely enhancing the LBP countered that the property was acquired by the DAR for CARP coverage demand for the property without them significantly increasing its value. attorney-in-fact of offered in 1989 at P120. Empleo.4018-hectare covered area Commissioner Jesus S.[10] and LBP.579.08. the Register of Deeds of Sorsogon partially cancelled TCT No. 1998. abaca.[3] and pertinent DAR regulations. 6657 (RA 6657) or the Comprehensive of P13. T-47571 in the name of the on. He arrived at a valuation beneficiaries under Republic Act No. coffee. (Mateo).Adjudication Board (DARAB) for the conduct of summary administrative sell.[7] By Decision of November 21. Sr. and prevailing selling prices of the crops planted thereon which subdivided the property into 85 lots for distribution to qualified farmer. he valued the property at P29. T-22934 corresponding to the 138.[4] the DARAB sustained LBPs valuation The DAR Secretary argued that LBPs valuation was properly based on DAR upon respondents failure to present any evidence to warrant an increase issuances. respondents lodged with Branch 52 of the Sorsogon nominee. Eugenio Mateo. Resurreccion.000 per hectare. included coconut. the applicable DAR issuances. and that it determined the valuation thereof in accordance with RA 6657 proceedings to determine just compensation. respondents On February 23. used the market data approach which relies primarily on sales and RTC (acting as a Special Agrarian Court) a complaint for determination of just listings of comparable lots in the neighborhood. The trial court appointed the parties respective nominated commissioners to Meanwhile. of deposit of payment.[9] Agrarian Reform Law of 1988. and in 1993 by compulsory acquisition and not by respondents voluntary offer to that the coffee intercropping on the property which yielded an estimated .925. Inc. upon the DARs application. crops planted thereon.

926.[11] Appeal. In G.000 representing 50% of The appellate court found that.000.[13] prompting it to also file a Notice of Appeal. LBP maintains that its valuation of the property c) Without pronouncement as to costs. judgment is hereby crops should be excluded as the same is inconclusive in view of conflicting rendered to wit: evidence. less the Reconsideration which were denied by the appellate court by Resolution of amount previously deposited in trust with the Land November 28. spread over a 12-year period. T-22934 in the total amount of THIRTY SEVEN MILLION NINE Petitioners and respondents filed their respective Motions for HUNDRED TWENTY-SIX THOUSAND (Php37. that Commissioner Empleo failed to consider available sales data of comparable properties in the locality.4018-hectare property at P29.000. to which it added P8. 2005.[12] the trial court found the market data approach to be more realistic and consistent with law and jurisprudence on By consolidated Decision of December 15. of P216.R. at P13.[14] By Decision of July 4.000. which were b) The Land Bank of the Philippines is hereby ordered to consolidated in the interest of uniformity of rulings on related cases. petitioners LBP and DAR separately sought Bank which was already received by the plaintiffs. No. 2000.4018 hectares for acquisition covered by TCT No. plants.profit of P3. it would be specious to the value of trees.000.000. pay the landowners-plaintiffs the afore-cited amount less the amount previously paid to them in the manner provided by law. and that the taking of private property for agrarian reform is not a traditional exercise of the power of . and other improvements thereon. it arrived at a valuation of the 138.926.926. among other things. a) Fixing the Just Compensation of the entire 138.[16] Hence. should be considered in LBP filed a Motion for Reconsideration. recourse to this Court through the present Petitions for Review.08 was based on the factors mentioned in RA 6657 and formula prescribed by the DAR. 2000.226 per hectare. the trial court denied the motion of LBP. premises considered. Applying the average rate sustained the trial courts valuation of P29. By Order dated August 21. bringing the total rely on the DARs computation in ostensible compliance with its own to P37. and that the value of secondary WHEREFORE. 2006.000 as just compensation.926.00) Pesos Philippine Currency. It disposed thus: issuances.579. 175644. that its determination should be given weight as it has the expertise to do the same.449. while the DAR filed a Notice of the determination of just compensation.000.[15] the Court of Appeals the full and fair equivalent of the property.

[18] RA 6657 into a basic formula. Determination of Just Compensation. When the CNI factor is not present.3. and applicable. actual use and income. (Emphasis supplied) valuation by the trial court of the property on the basis of the market data . posit in their consolidated Comment [19] that Where: LV = Land Value factual findings of the trial court. 17.9) + (MV x 0.1) Respondents. and that the just compensation due them should be equivalent to MV = Market Value per Tax Declaration the market value of the property. 6. the cost of acquisition of LV = (CS x 0. the formula shall be: account the factors enumerated in Section 17 of RA 6657. when affirmed by the appellate court. presented as follows: LV = (CNI x 0. 175702. should take into applicable. to wit: LV = (CNI x 0. The social and economic benefits contributed by the farmers LV = MV x 2 and the farmworkers and by the Government to the property as well as the non-payment of taxes or loans secured from any government financing institution on the said land shall be considered as additional factors to The threshold issue then is whether the appellate court correctly upheld the determine its valuation. as amended by DAR Administrative Order No. issued Administrative Order No. Series of In G. hence. the RTC. the sworn valuation by A.2. relevant. and CS and MV are Sec.6) + ( CS x 0. translating the factors mentioned in Section 17 of 6657 and relevant jurisprudence.1) the land.R.1.1) A.3) + (MV x 0. are CNI = Capitalized Net Income CS = Comparable Sales conclusive.9) + (MV x 0. the current value of like properties. No. acting as a Special Agrarian Court. being the government agency primarily charged with the implementation of the CARP. the tax declarations. the formula shall be: made by government assessors shall be considered. Series appellate court was determined in contravention of the criteria set by RA of 1994 (DAR AO 11-94). as amended.eminent domain as it also involves the exercise of police power. for their part. its nature. The above formula shall be used if all the three factors are present. the formula shall be: determining just compensation. When the CS factor is not present and CNI and MV are coverage. In applicable. 11. In determining the just compensation due owners of lands taken for CARP A. When both the CS and CNI are not present and only MV the owner.[17] The DAR. the DAR avers that the valuation sustained by the 1992 (DAR AO 6-92). part of the loss is not compensable. and the assessment is applicable.

the RTC wantonly disregarded R.[22] nonetheless to observe strictly the procedures specified above in disregarded the RTCs determination thereof when. it being elementary that rules and regulations issued by must be adhered to by the RTC in fixing the valuation of lands subjected to administrative bodies to interpret the law they are entrusted to enforce have agrarian reform: the force of law. the RTC is required to consider several factors enumerated in Section In fixing the just compensation in the present case. xxxx . While the determination of just compensation approach. In determining just compensation. however.A. Celada. Banal.A. as amended. And in LBP v. 17 of RA 6657. This is pursuant to the DAR's rule-making power to carry out the a clear departure from the settled doctrine regarding the mandatory nature object and purposes of R. issued court did not apply the formula provided in DAR AO 6-92. . as amended. as amended. as amended. the determining the proper valuation of the subject property.[24] the Court was emphatic that the RTC is not at liberty In LBP v. . . in LBP v. in disregard of the formula prescribed by DAR AO 6-92. discretion must be discharged within the bounds of the law.[23] the Court ruled that the factors laid down in to disregard the DAR valuation formula which filled in the details of Section Section 17 of RA 6657 and the formula stated in DAR AO 6-92. While the determination of just compensation is essentially a judicial xxxx function which is vested in the RTC acting as a Special Agrarian Court. ([DAO 6-92]. as amended by [DAO 11-94]. the WHEREFORE. and its implementing rules and regulations. adopting 17 of R. such amended. Here.[21] and LBP v. Celada. as in the present case.[20] LBP v. as The petitions are partly meritorious. the trial court.[25] merely put xxxx premium on the location of the property and the crops planted thereon which are not among the factors enumerated in Section 17 of RA 6657. as involves the exercise of judicial discretion. of Section 17 of RA 6657 and the DAR issuances implementing it. (Underscoring supplied) judge did not fully consider the factors specifically identified by law and implementing rules. Banal. 6657. amended by [DAO 11-94]). The trial judge is directed Court. as amended. Lim. And the trial These factors have been translated into a basic formula in [DAO 6-92].A. thus: the market data approach on which Commissioner Chua relied. 6657. 6657.

read: Factor A. the most recent available RCPI for the month issued prior to the date of LV = (CNI x 0.5 For purposes of this Administrative Order. . as amended by Valuation Input Regional Consumer Price Index (RCPI) Adjustment DAR AO 11-94.1. The above formula shall be used if all the three Not only did Commissioner Chua not consider Section 17 of RA 6657 and factors are present. Lim. DAR AO 6-92. in his appraisal of the property. Declaration (MV) shall be: Grossed-up = Valuation input x The pertinent provisions of Item II of DAR AO 6-92. validated.6) + (CS x 0.1) xxxx Resolving in the negative the issue of whether the RTC can resort to any A. aside from Section 17 of RA date of receipt of claimfolder by LBP from DAR shall 6657 and DAR AO 6-92.3) + (MV x 0. LV = (CNI x 0. this Court.9) + (MV x 0. . the formula shall be: requirements is bereft of basis.579. as amended. When the CS factor is not present and CNI and that the market data approach conformed with statutory and regulatory MV are applicable. Market Value per Tax is P13. relevant and applicable. His conclusion A.6 The basic formula in the grossing-up of Petitioners maintain that the correct valuation of the property valuation inputs such as . the other means of determining just compensation.1) receipt of CF from DAR and the RCPI for the month as of the Where: LV = Land Value date/effectivity/registration of the valuation input. There shall be one basic formula for the valuation The RCPI Adjustment Factor shall refer to the ratio of RCPI of lands covered by [Voluntary Offer to Sell] or [Compulsory for the month issued by the National Statistics Office as of Acquisition] regardless of the date of offer or coverage of the date when the claimfolder (CF) was received by LBP the claim: from DAR for processing or. in LBP v. and is ready for final computation/processing. CNI = Capitalized Net Income Expressed in equation form: CS = Comparable Sales MV = Market Value per Tax Declaration RCPI for the Month as of the Date of Receipt of Claimfolder by LBP from DAR or the Most . A.[26] held that mean the date when the claimfolder is determined by the LBP to be complete with all the required Section 17 of RA 6657 and DAR AO 6-92.449. are mandatory and not documents and valuation inputs duly verified and mere guides that the RTC may disregard. as amended.08 as computed by Commissioner Empleo. as amended. in its absence.

recent RCPI for the Month
Issued Prior to the Date of CO = Cost of Operations
RCPI Receipt of CF Whenever the cost of operations
Adjustment = could not be obtained or verified,
Factor RCPI for the Month Issued as of an assumed net income rate (NIR)
the Date/Effectivity/Registration of 20% shall be used.
of the Valuation Input Landholdings planted to coconut
which are productive at the time of
B. Capitalized Net Income (CNI) This shall refer to the offer/coverage shall continue to
difference between the gross sales (AGP x SP) and total cost use the 70% NIR. DAR and LBP
of operations (CO) capitalized at 12%. shall continue to conduct joint
Expressed in equation form: industry studies to establish the
applicable NIR for each crop
CNI = (AGP x SP) - CO covered under CARP.
.12 .12 = Capitalization Rate
Where: CNI = Capitalized Net Income
AGP = Latest available 12-month's gross xxxx
production immediately
preceding the date of offer in
case of VOS or date of notice of D. In the computation of Market Value per Tax Declaration
coverage in case of CA. (MV), the most recent Tax Declaration (TD) and
Schedule of Unit Market Value (SMV) issued prior to
SP = The average of the latest available 12- receipt of claimfolder by LBP shall be considered.
month's selling prices prior to The Unit Market Value (UMV) shall be grossed up
the date of receipt of the from the date of its effectivity up to the date of
claimfolder by LBP for receipt of claimfolder by LBP from DAR for
processing, such prices to be processing, in accordance with item II.A.A.6.
secured from the Department of (Emphasis and italics supplied)
Agriculture (DA) and other
appropriate regulatory bodies or,
in their absence, from the Bureau
of Agricultural Statistics. If In thus computing Capitalized Net Income (CNI), the Average Gross
possible, SP data shall be gathered
from the barangay or municipality Production (AGP) of the latest available 12 months immediately preceding
where the property is located. In the date of offer in case of voluntary offer to sell or date of notice of
the absence thereof, SP may be
secured within the province or coverage in case of compulsoryacquisition, and the average Selling Price (SP)
region.

of the latest available 12 months prior to the date of receipt of the claimfolder
by LBP for processing, should be used. Furthermore, the Regional Consumer Price Index (RCPI) Adjustment
While these dates-bases of computation are not clearly indicated in the Factor, which is used in computing the market value of the property, is the
records (as the mode of acquisition is in fact disputed), the date of ratio of the RCPI for the month when the claimfolder was received by LBP, to
offer (assuming the acquisition was by voluntary offer to sell) would have to the RCPI for the month of the registration of the most recent Tax Declaration
be sometime in 1989, the alleged time of voluntary offer to sell; whereas and Schedule of Unit Market Value[31] issued prior to receipt of claimfolder by
the date of notice of coverage (assuming the acquisition was compulsory) LBP.Consistent with the previous discussion, the applicable RCPIs should
would be sometime prior to October 21, 1996, which is the date of the Notice therefore be dated 1997 or earlier.
of Land Valuation and Acquisition, because under DAR Administrative Order
No. 9, series of 1990,[27] as amended by DAR Administrative Order No. 1, Again, Commissioner Empleo instead used RCPI data for January
series of 1993, the notice of coverage precedes the Notice of Land Valuation 1999 in computing the RCPI Adjustment Factor,[32]contrary to DAR AO 6-92,
and Acquisition. as amended.

And the claimfolder would have been received by LBP in or before 1997, the Parenthetically, Commissioner Empleo testified[33] that his
year the property was distributed to agrarian reform computations were based on DAR Administrative Order No. 5, series of
beneficiaries,[28] because land distribution is the last step in the procedure 1998.[34] This Administrative Order took effect only on May 11, 1998,
prescribed by the above-said DAR administrative orders.Hence, the data for however, hence, the applicable valuation rules in this case remain to be those
the AGP should pertain to a period in 1989 (in case of voluntary offer to prescribed by DAR AO 6-92, as amended by DAR AO 11-94.
sell) or prior to October, 1996 (in case of compulsory acquisition), while the
data for the SP should pertain to 1997 or earlier. But even if the 1998 valuation rules were applied, the data for the
AGP would still pertain to a period prior to October 1996, the revised
Commissioner Empleo, however, instead used available data within the 12- reference date being the date of the field investigation which precedes the
month period prior to his ocular inspection in October 1998 for the Notice of Land Valuation and Acquisition; while the data for the SP and the
AGP,[29] and the average selling price for the period January 1998 to RCPIs would still pertain to 1997 or earlier, there being no substantial
December 1998 for the SP,[30] contrary to DAR AO 6-92, as amended. revisions in their reference dates.

WHEREFORE, the challenged Decision of the Court of
Finally, as reflected earlier, Commissioner Empleo did not consider Appeals is REVERSED and SET ASIDE. Civil Case No. 98-6438 is REMANDED
in his computation the secondary crops planted on the property (coffee, pili, to Branch 52 of the Sorsogon RTC which is directed to determine with
cashew, etc.), contrary to DAR AO 6-92, as amended, which provides that the dispatch the just compensation due respondents strictly in accordance with
[t]otal income shall be computed from the combination of crops actually the procedures specified above.
produced on the covered land whether seasonal or permanent.[35]

IN FINE, the valuation asserted by petitioners does not lie.

While the Court is minded to write finis to this protracted litigation
by itself computing the just compensation due respondents, the evidence on
record is not sufficient for the purpose. The Court is thus constrained to
remand the case for determination of the valuation of the property by the
trial court, which is mandated to consider the factors provided under Section
17 of RA 6657, as amended, and as translated into the formula prescribed in
DAR AO 6-92, as amended by DAR AO 11-94.

The trial court may, motu proprio or at the instance of any of the
parties, again appoint one or more commissioners to ascertain facts relevant
to the dispute and file a written report thereof. The amount determined by
the trial court would then be the basis of interest income on the cash and
bond deposits due respondents from the time of the taking of the property up
to the time of actual payment of just compensation.[36]

A.) No. Rule 129 of the Revised Rules on Evidence is explicit on the necessity of a hearing before a court takes judicial notice of a certain matter. thus: “SEC. ISSUE: W/N the trial court erred in taking judicial notice of the average production figures in another case pending before it and applying the same to the present case without conducting a hearing and without the knowledge or consent of the parties HELD: Well-settled is the rule that courts are not authorized to take judicial notice of the contents of the records of other cases even when said cases have been tried or are pending in the same court or before the same judge. In this regard. the proper court. Respondents rejected the valuation of petitioner hence a summary administrative proceeding was conducted before the Provincial Agrarian Reform Adjudicator (PARAD) to determine the valuation of the land. Furthermore. Eventually.[1] as amended. respondents. They may only do so “in the absence of objection” and “with the knowledge of the opposing party. on its own initiative. Dissatisfied with the Decision of the PARAD. In determining the valuation of the land. Camarines Norte. may take judicial notice of any matter portion of the land was compulsorily acquired by the Department of Agrarian and allow the parties to be heard thereon if such matter is decisive of a Reform (DAR) pursuant to Republic Act (R. are the registered “After the trial. The RTC failed to observe the above provisions. the PARAD rendered its Decision affirming the Landbank’s valuation.” which are not obtaining here. may announce its intention to . and before judgment or on appeal. or on request of a party. when hearing necessary. 3. respondents filed with the RTC a petition for determination of just compensation. – During the trial. the Rules of Court shall apply to all proceedings before the Special Agrarian Courts. Basud.” (emphasis added) otherwise known as the Comprehensive Agrarian Reform Law of 1988. Section 3.LBP V BANAL take judicial notice of any matter and allow the parties to be heard thereon. Judicial notice. 6657. material issue in the case. the trial court based the same on the facts established in another case pending before it. as earlier stated. FACTS: Spouses Vicente and Leonidas Banal. A own initiative or on request of a party. the court. on its owners of agricultural land situated in San Felipe.

As the Court held in Land as just compensation. The valuation of Bank. n wasfiled. on the valuation of neighboring lands instead of its actual land use. just compensation to landowners. It the original and exclusive jurisdiction to determine such cases is in the RTCs. The matter was Bank of the Philippines v.rejected the offer.085. It also comparable sales and market value per tax declaration as components of contends that the SACerred in fixing the just compensation of the land based land value.) Whether or not the SAC erred in fixing the just compensation of the land basedon the valuation of neighboring lands . the DARAB Provincial Adjudicator It should be emphasized that the taking of property under the CARP is an affirmed the valuation made by Land exercise of the power of eminent domain by the State. Celada filed a petition for original jurisdiction in compensation cases and make the RTC an appellate judicialdetermination of just compensation. Celada. FACTS: Celada owns an agricultural land. Land Bank determination of just compensation despite the pendency of valued the said land at P299. rendered judgment fixing the value of the land at P354. the affirmativedefense of non-exhaustion of administrative remedies. however. Celada’s evidence showed that the neighboring lands of similar classification werepaid higher than what was quoted by Land Bank. In its answer. Thus. Although the new rules speak value of herland was at least P2. the RTC. has then referred to the DAR Adjudication Board(DARAB) for summary ‘original and exclusive jurisdiction over all petitions for the determination of administrative hearing on the determination of justcompensation. It did Celada’s petition for judicial determination of just compensation despite the not apply the DAR valuation formula which considers capitalized net income. where Celada’s petitio property or determination of just compensation is a judicial function. the Special Agrarian Court (SAC). LEONILA CELADA HELD: The petition is GRANTED. The SAC did not err in assuming jurisdiction over the petition for Upon indorsement to it forfield investigation and valuation. Land Bank raised of directly appealing the decision of adjudicators to the RTCs sitting as SACs.61.569. sitting as a SAC.) Whether or not the SAC erred in assuming jurisdiction over the petition for judicial determination of just compensation pending administrative proceedingsbefore the DARAB.00. erred in setting aside Land Bank’s valuation of the land on Land Bank maintains that the SAC erred in assuming jurisdiction over the sole basis of the higher valuation given for neighboring properties.’ This ‘original and exclusive’ jurisdiction of the RTC would be undermined if DAR would vest in administrative officials During the pendency of the DARAB case. Thereafter.Meanwhile. ISSUES: 1. pendency of the administrative proceedings before the DARAB.AND BANK OF THE PHILIPPINES v.129. 2.DAR offered the same amount to Celada the administrative proceedings before the DARAB.50. alleging that the current market court for the review of administrative decision. contended that Celadamust first await the outcome of the DARAB case before taking any judicial recourse. Court of Appeals. lands The SAC. the SAC properly took cognizance of Celada’s petition for determination of finding that just compensation.847. The Court of Appeals dismissed Land Bank’s appeal. however. 60% of which was identified in 1998 by SAC correctly assumed jurisdiction over determination of just theDepartment of Agrarian Reform (DAR) as suitable for compulsory compensation acquisition underthe Comprehensive Agrarian Reform Program (CARP). It denied Land Bank’s SAC erred in fixing just compensation based on valuation of neighboring affirmative def ense.

R..... 89005 and 89288....9163 hectares x.... SP Nos.. and The controversy is hinged on the determination of just compensation for land PEREZ. Present: Rules of Court filed by the Land Bank of the Philippines (LBP) seeking the annulment of the Decision[1] dated 9 October 2007 and the CARPIO. 6657... covered by the Comprehensive Agrarian Reform Program (CARP).. Resolution[2] dated 12 December 2007issued by the Court of Appeals in CA- Chairperson.... otherwise known as the Comprehensive Agrarian Reform Law......... 180772 Petitioner. 2010 several parcels of rice land situated in Oas. 18... CORONA. DOMINGO AND MAMERTO SORIANO.-x of land[3] owned by the respondents... Albay. ABAD. JJ. G. DEL CASTILLO. the antecedents..R. J...* G.: LAND BANK OF THE PHILIPPINES [LBP].... Respondents.. Out of the 18. First.. SECOND DIVISION PEREZ.. 27[4] and Republic Act No. J..... and 180776 For consideration is a Petition for Review on Certiorari under Rule 45 of the . Promulgated: Domingo and Mamerto Soriano (respondents) are the registered owners of May 6.....versus . Nos.....2820 hectares were placed under the Operations Land Transfer and the CARP pursuant to Presidential Decree No.[5] DECISION .

. beginning August 17.79. ordering LBP to court. It also upheld the pay the respondents P894.500. The dispositive portion reads: award of compounded interest. until the value is fully paid. and of the 0.238. Special Agrarian Court (SAC).e. Respondents alleged that they are entitled to an amount of not less than P4. while the remaining 0. The appellate On 21 February 2005. however.000. 2. on 23 compounded interest pursuant to Department of Agrarian Reform (DAR) November 2000.94.95[7] (P133.2329 hectare applicable.584. as amended by DAR compensation with the RegionalTrial Court of Legazpi City. at P482.00 as just compensation.94. the just compensation of the 18.751. 1998. i. It likewise granted at P8.363.751. until the value is fully taking on 21 October 1972 until full payment of the just paid or a total of P894. Land Bank is compensation.The LBP[6] pegged the value of 18. respondents. Hence.[12] LBP moved for reconsideration but it was denied by the Court of Appeals on 12 December 2007. of 6% per annum computed annually beginning October 21. series of 2004. 13. Land value = Average interest). affirmed the judgment of the trial court.612.584. making the aforecited Administrative Order 1972.30 incremental 228 in determining the valuation of the property. the SAC rendered a judgment. series of 1994..5 x Government Support Price. thus: ACCORDINGLY. plus increment under PD 27 and were covered by Operation Land Transfer.94 plus 12% interest per the 6% compounded interest per annum from the date of annum. the Petitioners SORIANOs are entitled to of rain fed riceland is P8.[11] Both parties disagreed with the trial courts valuation.[10] sitting as a Administrative Order No.238.65 as land value plus P348. prompting them to file their respective appeals with the Court of Appeals.2329 hectare was computed Gross Production x 2.0491 hectares of land The SAC applied the formula prescribed under Executive Order No.0491 In the case at bar.[8] Not satisfied with the valuation. the subject lands were taken hectares of irrigated riceland is P133. instituted a Complaint[9] for judicial determination of just Administrative Order No.94 as of this date.[13] ordered to pay the landowners Domingo Soriano and Mamerto Soriano said amount/land value in accordance with law.

particularly the amount awarded to respondents as just compensation.Therefore.[14] With the passage of Republic Act (R. the sworn valuation by the owner. Section 17 provides. 6657 or the CARL in 1988. if just formula used to compute the land value is: compensation is not settled prior to the passage of Republic Act No. 27. thus: Presidential Decree No. with Presidential Decree No.) No. its nature. 27. Basic is the tenet that since respondents were deprived of their land. new guidelines were set for the determination of just compensation. while the subject lands were acquired under particular. 6657 Determination of Just Compensation. The fixing of just Land value = Average Gross Production (AGP) x 2. decision and resolution. 6657. the tax into a basic formula by the DAR pursuant to its rule-making power under declarations. The formula outlined in DAR assessors shall be considered. 27 and Executive Order No. 228. 6657. it should be computed in accordance with the said law. 6657. 228 having only suppletory effect. the current value of like properties. Section 17 of Republic Act No. 6657 in 1988. although the property was acquired under Presidential Decree No. Consequently. The social and economic benefits contributed by the farmers and the farmworkers .5 compensation should therefore be based on the parameters set out in x Government Support Price (GSP) Republic Act No. and by the Government to the property as well as the non- payment of taxes or loans secured from any government financing institution on the said land shall be considered as LBP filed the instant petition seeking to nullify the appellate courts additional factors to determine its valuation. the Court to come up with a categorical pronouncement that. actual use and income. the complaint for just compensation was only lodged before the court on 23 November 2000 or long after the passage of Republic Act No. Under Executive Order No.A. In In the instant case. two divergent formulae arose which prompted the they are entitled to just compensation. and the assessment made by government Section 49 of Republic Act No. the cost of acquisition of the matter of fact. In should be the principal basis of the computation for just compensation. the factors enumerated therein had already been translated land. As a determining just compensation.

the parties are not precluded from asking for any additional amount as may be warranted by the Respondents counter that the award of interest until full payment of just new formula. the records of this case are bereft of reckoned from the time of taking up to the actual payment of just adequate data.3) + (MV x 0. by imposing an interest to be based on the formula cited above. To write finis to this case. which substantially CNI = Capitalized Net Income provides that the grant of 6% yearly interest compounded annually shall be CS = Comparable Sales reckoned from 21 October 1972 up to the time of actual payment but not later than December 2006. It avers that the incremental interest due to the respondents should be computed from the date of taking on 21 October 1972.Administrative Order No. 5. LBP assails the imposition of 6% just compensation.[16] the old formula. In sum.LBP stresses that under said Administrative MV = Market Value per Tax Declaration[15] Order. Imperial. as amended.6) + (CS x 0. [17] which found it inequitable to determine just compensation based solely on the formula . However. time of actual payment is defined as the date when LBP approves the payment of the land transfer claim and deposits the compensation proceeds in the name of the landowner in cash and in bonds. series of 1998 should be applied in computing On to the more pertinent issue. LBP posits that the appellate court departed from the express provision of DAR As much as this Court would like to determine the proper valuation Administrative Order No. LBP relies on the provisions of DAR Where: LV = Land Value Administrative Order No.1) compensation but up to the time LBP approved the payment of their just compensation claim and a corresponding deposit of the compensation proceeds was made by the bank.0491 hectares of lot valued at P133. not up to full payment of just LV = (CNI x 0. compensation was correctly adhered to by the lower courts in line with the Courts ruling in Land Bank of the Philippines v. 13. 13.751. we uphold the amount derived from compensation. since the application of the new formula is a matter of law and thus. thus: interest rate on the 18. series of 1994. should be made applicable.65. as amended.

Moreover. in its motion for portion of the Administrative Order: reconsideration. . in its petition for review and. According to agrarian reform program.1 Tenanted as of 21 October 1972 and covered under OLT At any rate.[18] said Administrative Order to justify its own computation of interest. but should also not make an insurmountable obstacle to a successful . however.[19] to ensure prompt payment. We quote the relevant LBP.From 21 October 1972 up to the time of actual payment but not later than December 2006 Section 4. A literal reading of this Administrative Order seems to favor LBPs interpretation with This issue has already been raised before the Court of Appeals by respect to the period covered by the interest rate.2 Tenanted after 21 October 1972 and covered under OLT compensation. The Court of Appeals. first. respondents claim that the date LBP approves the payment of the land transfer claim and deposits the proceeds in the name of the landowner is not tantamount to actual payment because on Administrative Order No. neglected to give a definitive ruling on the issue of computation of interest and merely echoed the trial courts ruling that respondents are entitled to the 6% compounded interest The grant of six percent (6%) yearly interest per annum from the date of taking on 21 October 1972 until full payment of compounded annually shall be reckoned as follows: just compensation. LBP relies on requirements. 13. the release of the amount is conditioned on certain who were effectively deprived of their lands by expropriation. the landowner's right to just compensation respondents. the award of interest until full payment of just compensation is should be balanced with agrarian reform. as amended. 13. as amended. was issued to compensate those said date. we cannot subscribe to the arguments of LBP. The deliberations of the 1986 Constitutional Commission on this subject reveal that just compensation should not do violence to the Bill of -From the date when the land was actually tenanted (by virtue of Regional Order of Placement issued Rights.provided by DAR Administrative Order No. second. Hence. 3. Article XIII of the 1987 Constitution. mandates that the redistribution of agricultural lands shall be subject to the payment of just 3.

payment can be claimed by the landowner upon compliance with the documentary requirements for release of payment. so that just compensation due to its owner may be However.[20] Certainly. the intent of the determined in accordance with the Rules of Court. hence. it is logical to conclude that the 6% the Philippines (LBP) approves payment of the land transfer interest rate be imposed from the time of taking up to the time of full claim and deposits the compensation proceeds in the name of the landowner (LO) in cash and in bonds. rules and regulations. authorized under banking laws. In Forform Development Corporation v. Rodriguez [24] ordered just of the compensation due to low valuation. to expedite Time of actual payment is the date when the Land Bank of the payment of just compensation. The landholdings remain unpaid in view of the non-acceptance by the landowners Court in Manila International Airport Authority v.[22] To condition the payment upon LBPs approval and its payment but not later than December 2006 release upon compliance with some documentary requirements would render nugatory the very essence of prompt payment.94 with no pronouncement as to interest per the consequences of being immediately deprived of his land while being made to Department of Agrarian Reform Adjudication Board (DARAB) decision has wait for a decade or more before actually receiving the amount necessary to already attained finality.[23] the Philippine National Railways was directed to file the appropriate expropriation action over the land in question. but also payment within a reasonable time from its taking. it cannot be modified.2329 considered "just" inasmuch as the property owner is made to suffer the hectare valued at P8.Had the landowner been paid from compensation for the portion of respondents lot actually occupied by the the time of taking his land and the money deposited in a bank. Philippine National Railways.238.Therefore. The release of payment of just compensation. the money runway. [21] The concept of just compensation embraces not only the correct determination of the amount to be paid to the owners of the land. with interest at the legal Administrative Order was precisely to address a situation where a number of rate of 6% per annum from the time of taking until full payment is made. with interest thereon at the legal rate of 6% per annum from the would have earned the same interest rate compounded annually as time of taking until full payment is made.[25] . prior to August 18. the trend of recent rulings bolsters this interpretation. compensation cannot be LBP also proffers that just compensation pertaining to the 0. Without prompt payment. 1987) up to the time of actual cope with his loss. as embodied in its Prefatory Statement.

[26] The DAR's land valuation is only preliminary and is not.A. the courts still have the final say on what the amount of just compensation will be. we sustain the computation reached by the trial court. suffice it to say that the determination of just compensation is a judicial function. final and conclusive upon the landowner or any other interested party.[27] Hence. . the petition is DENIED. series of 1998 in relation to R. by any means. 89005 and 89288 are hereby AFFIRMED without prejudice to the right of the parties for additional claims that may arise in the application of DAR Administrative Order No.R. In the exercise of their functions. 5. Anent the DARAB decision relating to the 0. WHEREFORE. No. The Decision dated 9 October 2007 and the Resolution dated 12 December 2007 of the Court of Appeals in CA-G. SP Nos. 6657.2329 hectare.

the DEPARTMENT OF AGRARIAN REFORM.[11]Impleaded as party-defendants therein were DAR and LBP. J. [12] On March 9.667. to acquire 84. 1993. 1999 Decision[1] and the September 22. 1993. 91 (AF). acting as a Special Agrarian Court in Agrarian Case No. 1994. this Forum is vested with the jurisdiction to conduct registered owner of a 94. Pertinent Agrarian Case No. respondent. FELICIANO F. of the February 9. . 1999 Resolution[2] of the Court of Appeals in CA-G. 39913. [G. petitioner.[8] The case was docketed as DARAB VOS Case No. 91 (AF). a covered by Transfer Certificate of Title No. docketed as Agrarian Case No. 91 Before the Court are consolidated petitions. the petitioner has the option to avail the administrative remedies or bring the matter on just compensation to the Special Agrarian Court for final determination. Wycoco rejected [G. No. Saguingan and Pinamunghilan.[10]Wycoco. 1993. Thereafter. informing the DARAB of the pendency of Agrarian Case No. the DARAB FELICIANO F.[9] In the meantime. Barrio of San Juan. a notice of intention WYCOCO. January 13. 2004] the offer. upon review. petitioner. Wycoco is the Admittedly. THE HONORABLE RODRIGO S. requested LBP to open a trust account in the name of Wycoco and deposited CASPILLO. decided to forego with the filing of the required pleadings. Cabanatuan City and distributed to farmer-beneficiaries. and instead filed on April 13. portion thereof states: The undisputed antecedents show that Feliciano F. [H]owever. Caspillo to inhibit himself from determination of just compensation by the Cabanatuan court. 232 NE 93.[5] In November 1991. which On April 30.R. acting as a special agrarian court. The amount offered was later raised to P2. Wycoco filed a manifestation in VOS Case No. No. compensation by the Land Bank of the Philippines (LBP).[7] The area which the DAR offered to acquire excluded idle lands. the first seeking the review (AF). prompting the DAR to indorse the case to the Department of Agrarian Reform Adjudication Board (DARAB) for the purpose of fixing the just compensation in a summary administrative proceeding. vs. NT-206422 and situated in the thorough perusal of petitioners complaint showed that he did not only raise Sitios of Ablang.1690 hectare unirrigated and untenanted rice land.Besides. Branch 23. Third the compensation offered by DAR.82. vs.R. administrative proceeding to determine compensation.39 and. 232 NE modified the Decision[3] of Regional Trial Court of Cabanatuan City. second for mandamus to compel the said trial court to issue a writ of the DARAB issued an order dismissing the case to give way to the execution and to direct Judge Rodrigo S.R.9 million.045. the issue of valuation but such other matters which are beyond the Nueva Ecija. Pairing Judge of the Regional Trial Court. was modified to P2. WYCOCO.594. Wycoco voluntarily offered to sell the land to the Department of Agrarian Reform (DAR) for P14. after the DARs evaluation of the application and the determination of the just LAND BANK OF THE PHILIPPINES. 91 (AF) with 23. January 13.159. 2004] In line with the Comprehensive Agrarian Reform Program (CARP) of the government. the property was Judicial Region. Branch 93.280. 140160.[4] competence of the Board. the instant case for YNARES-SANTIAGO.342. DARAB required the parties to submit their respective memoranda or position papers in support of their DECISION claim. Licab. respondents.5690 hectares of the property for P1. On March 29. river and road located therein. No. SP No. 146733. Branch 23.: determination of just compensation with the Regional Trial Court of Cabanatuan City. and the the Cabanatuan court.46[6] was sent to Wycoco. however.

00 to plaintiff in the pleadings.235. 1997. 91 (AF) be executed.WHEREFORE.475.00 per hectare. and another ten (10) days from The DAR and the LBP filed separate petitions before the Court of receipt thereof to file their Reply/Rejoinder. judgment is hereby rendered: The parties manifested that there is no possibility of amicable settlement. Valuation dated June 18.000. the parties are given twenty (20) days from today within which to file their simultaneous memoranda.663. contending that the market value of agricultural lands sold in Licab. DAR and LBP filed their respective answers before the land valuation inasmuch as it is of public knowledge that the prevailing special agrarian court in Agrarian Case No. the pre-trial conference is considered terminated. It also awarded jurisdiction over determination of land valuation. amount of compensation is fully paid including legal interest which had accrued thereon. DAR and LBP presented the Land Valuation Worksheets. the now presiding Judge of said court.00 valuation of the land owned by the plaintiff subject of this case. The petition brought by DAR on jurisdictional and procedural issues. and instead of trial.00 per hectare or a total of P13. The After conducting a pre-trial on October 3. Branch 23. 1997. (2) Notice of Land compelled to inhibit himself from hearing the case. and (3) letter dated July 10. was dismissed on May 29. SP No. docketed as CA-G. 39234. SO ORDERED.082. until the The parties then prayed to terminate the pre-trial conference.[19] The dismissal became final and executory on June 26. NT-206422. the trial court issued a dispositive portion thereof states: pre-trial order as follows: WHEREFORE. if any. the parties are allowed to submit their respective No pronouncement as to costs. counter-offer of LBP and DAR. be following: (1) Transfer Certificate of Title No.500. this case Appeals. premises considered.082. 91 (AF). 146733. the trial court rendered a decision in favor of Wycoco. as just compensation for the property acquired. [20] This SO ORDERED.[17] SO ORDERED.428. The only issue left is for the determination of just compensation or correct 2.[14] Wycoco actual damages for unrealized profits plus legal interest.[18] WHEREFORE. Ordering the defendants to pay plaintiff the amount of P29. memoranda.00 for every calendar year. in Agrarian Case No. this case is hereby dismissed. 1992. and thereafter.000. No. Ordering the defendants to pay the amount of P13. shall be deemed submitted for decision.419.R. except those contained 1. Nueva Ecija is from valuation of Wycocos property was in accordance with law and that the latter P135.[16] On the other hand. praying that the decision of the Regional Trial Court of Cabanatuan City. docketed as G.00 to 150. neither are they willing to admit or stipulate on facts. 1994. and The evidence presented by Wycoco in support of his claim were the that Judge Rodrigo S.00. It ruled that there is no need to present evidence in support of the Meanwhile. AS PRAYED FOR.210.[15] prompted Wycoco to file a petition for mandamus before this Court. No. 1995. premises considered.1690 hectare land at summary administrative proceedings before the DARAB which has primary P142. The court thus took judicial notice failed to exhaust administrative remedies by not participating in the thereof and fixed the compensation for the entire 94. 1992 rejecting the .R. representing the unrealized profits from the time of acquisition of the subject property and the sum of P8.[13] On November 14. Caspillo.

validly acquire jurisdiction over the instant II case for determination of just compensation? (2) Assuming that it acquired jurisdiction. AND IN VIOLATION OF THE RULE ON EXHAUSTION OF ADMINISTRATIVE REMEDIES AND ON FORUM SHOPPING. CONTRARY TO THE APPLICABLE DETERMINATION OF JUST COMPENSATION BY THE DARAB PURSUANT TO JURISPRUDENCE AND CONSIDERING THAT THE RESPONDENT IS NOT SECTION 16 OF RA 6657. In its petition.210. 1999.[21] On September 22.00 FROM THE TIME OF ACQUISITION OF THE SUBJECT reconsidered is hereby RE-AFFIRMED and REITERATED. No. 39913. IV 1999 is hereby MODIFIED in the sense that the value corresponding to the aforesaid 3. OVER THE TIMELY OBJECTION OF THE DESTITUTE. PROPERTY AND P8. was the compensation arrived at supported by evidence? (3) Can Wycoco compel the DAR to purchase the entire land subject of the voluntary THAT THE JUST COMPENSATION DETERMINED BY THE TRIAL COURT WAS offer to sell? (4) Were the awards of interest and damages for unrealized SUPPORTED BY SUBSTANTIAL EVIDENCE. 1999.[22] RESPONDENT RETAINED THE TITLE TO HIS PROPERTY DESPITE THE DARS NOTICE OF ACQUISITION.475. and conformably with the above. acting as Special Agrarian Court. was likewise dismissed by the Court of Appeals on February 9. the decision sought to be OF P29. The petition brought by LBP on both substantive and procedural III grounds. thus BENEFICIARIES UNDER THE CARP. In all other respects.3672 hectare DECLARED BY THE DAR FOR ACQUISITION. docketed as CA-G.663. TAKEN WITHOUT Anent the issue of jurisdiction. The issues for resolution are as follows: (1) Did the Regional Trial Court. WHEREFORE.R. Our decision of February 9. 6657 (Comprehensive Agrarian Reform Law of 1988) COURT. WHEN IT WAS BASED ONLY ON profits valid? JUDICIAL NOTICE OF THE PREVAILING MARKET VALUE OF LAND BASED ON THE ALLEGED PRICE OF TRANSFER OF TENURAL RIGHTS. which.00 FOR EVERY CALENDAR YEAR THEREAFTER.[23] PETITIONER. SP No. in pertinent part. 91 (AF) AND RENDER JUDGMENT THEREON WITHOUT AN INITIAL ADMINISTRATIVE ADVANCED AGE AND WEAK HEALTH. provide: . NOR SUITABLE FOR portion of the 94. the laws in point are Sections 50 and 57 NOTICE AND HEARING IN VIOLATION OF RULE 129 OF THE RULES OF of Republic Act No. LBP contended that the Court of Appeals erred in ruling: I V THAT THE TRIAL COURT ACTING AS A SPECIAL AGRARIAN COURT MAY THAT THE TRIAL COURT HAD VALIDLY GRANTED EXECUTION PENDING APPEAL ON THE ALLEGEDLY GOOD REASON OF THE PETITIONERS ASSUME JURISDICTION OVER AGRARIAN CASE NO.235.3672 hectares and all the awards appertaining thereto in the THAT THE TRIAL COURT CAN AWARD AS PART OF JUST COMPENSATION decision a quo are ordered deducted from the totality of the awards granted LEGAL INTEREST ON THE PRINCIPAL AND ALLEGED UNREALIZED PROFITS to the private respondent. THAT THE TRIAL COURT CAN REQUIRE THE PETITIONER TO COMPENSATE however.1690 hectare land which was found to have been previously AGRICULTURE NOR CAPABLE OF DISTRIBUTION TO FARMER sold by Wycoco to the Republic. the Court of Appeals modified its decision by deducting from the THE PORTIONS OF RESPONDENTS PROPERTY WHICH WERE NOT compensation due Wycoco the amount corresponding to the 3. CONSIDERING THAT THE SAME HAS NO LEGAL BASIS AND THAT THE SO ORDERED.

where the landowner rejects the offer. 57 that the RTC. Any effort to appealable to the Board but shall be brought directly to the Regional Trial transfer such jurisdiction to the adjudicators and to convert the original Courts designated as Special Agrarian Courts within fifteen (15) days from jurisdiction of the RTCs into an appellate jurisdiction would be contrary to . to the DAR. except those falling under the exclusive Under Section 1 of Executive Order No. Thus. it is clear from Sec. The DAR. supporting documents and determines the valuation of the land. Court of Appeals. as an thus administrative agency. No. and In Land Bank of the Philippines v. summary administrative proceeding. 6657 as excepted from the plenitude of power conferred exclusive and original jurisdiction over determination of just compensation. (Emphasis supplied) and shall have exclusive original jurisdiction over all matters involving the implementation of agrarian reform. Quasi-judicial Powers of the DAR.Section 50. 6657. Indeed. Series of 1990. No. The valuation of property in eminent It is clear from Sec. the Land jurisdiction of the Department of Agriculture (DA) and the Department of Bank of the Philippines is charged with the initial responsibility of Environment and Natural Resources (DENR). This in essence is the procedure for the determination Courts are given original and exclusive jurisdiction over two categories of of just compensation. Rule XIII. cannot be granted jurisdiction over cases of eminent domain and over criminal cases. to wit: (1) all petitions for the determination of just compensation. the matter may be brought to the Regional Trial Court acting as a In Republic v. although the Section 11. thus officials original jurisdiction in compensation cases and make the RTC an appellate court for the review of administrative decisions. This original and exclusive jurisdiction of fact. The Special Agrarian Court shall have original offer to sell (VOS) submitted by the landowner. Special Jurisdiction. 405. The DAR is hereby vested with receipt of the notice thereof.A. Land Valuation and Preliminary Determination and Payment of new rules speak of directly appealing the decision of adjudicators to the RTCs Just Compensation. Any party shall be entitled to only one motion primary jurisdiction to determine and adjudicate agrarian reform matters for reconsideration. The LBP likewise reviews the application and the under this Act. Section 11 of the New Rules of Procedure of the DARAB the RTC would be undermined if the DAR would vest in administrative acknowledges this power of the court. the DAR evaluates the application and determines the lands compensation to landowners. Court of Appeals. accompanied by the required and exclusive jurisdiction over all petitions for the determination of just documents.[27] cases. sitting as a Special Agrarian Court. determining the value of lands placed under land reform and the just compensation to be paid for their taking. This. In both The Special Agrarian Courts shall decide all appropriate cases under their voluntary and compulsory acquisition. Section 50 an action for determination of just compensation without waiting for the must be construed in harmony with Section 57 by considering cases completion of DARABs re-evaluation of the land.[26] Through a notice of voluntary Section 57. has domain is essentially a judicial function which is vested with the Special original and exclusive jurisdiction over all petitions for the determination of Agrarian Courts and cannot be lodged with administrative agencies. Thereafter. notwithstanding. The decision of the Adjudicator on land valuation and sitting as Special Agrarian Courts. there is a reason for this distinction. [25] In just compensation to landowners. the DAR issues the Notice of Land Valuation to the landowner.[28] the landowner filed (2) the prosecution of all criminal offenses under R. the involving the determination of just compensation and criminal cases for Court held that the trial court properly acquired jurisdiction because of its violations of R.[24] it was held that Special Agrarian special agrarian court. special jurisdiction within thirty (30) days from submission of the case for the DAR opens an account in the name of the landowner and conducts a decision. If the landowner disagrees with the valuation. 57 that the original and preliminary determination and payment of just compensation shall not be exclusive jurisdiction to determine such cases is in the RTCs. and the prosecution of all criminal offenses suitability for agriculture.A.

as well as the tax declarations thereon. Care must be taken that the requisite notoriety exists.g. and the entry assumes that the matter is so notorious that it will not be disputed. the court. 405. LBP was able to perform its legal exercised by courts with caution especially where the case involves a vast mandate of initially determining the value of Wycocos land pursuant to tract of land. In Land Bank of the Philippines v. In sum. What is more. To say that a court will take judicial notice of a fact is merely determination of just compensation estopped them from questioning the another way of saying that the usual form of evidence will be dispensed with jurisdiction of the special agrarian court. When Hearing Necessary. During the trial.. on its own provides for the opening of trust accounts in lieu of the deposit in cash or in initiative. Series of 1990. 57 and therefore would be void. [35] this Court struck down as void DAR Administrative Circular No. Nowhere does it appear nor can it be inferred that the Inasmuch as the valuation of the property of Wycoco is the very issue in deposit can be made in any other form. Series of 1990. allow the parties to be heard thereon if such matter is decisive of a material issue in the case. the basis of his action. the DAR cannot be compelled to purchase the entire property voluntarily offered by Wycoco. DAR and LBPs reasonable doubt on the subject should be promptly resolved in the conformity to the pre-trial order which limited the issue only to the negative. there is no . direct resort to the SAC [Special compensation.[30] judicial notice is not judicial knowledge. may take judicial notice of any matter and bonds contemplated in Section 16 (e) of RA 6657. that should have been made evidence thereon instead of practically assuming a valuation without basis. (Emphasis supplied)[29] the factors to be appreciated in arriving at the fair market value of the property e. the proper court. a remand of the case for determination of just compensation. shape. 9. The power to determine In arriving at the valuation of Wycocos land. its In the case at bar. or at least. The mere personal knowledge of the judge is not the judicial knowledge of the court. But thereof controlled the subsequent course of action. the trial court should have allowed the parties to present trust account among the valid modes of deposit. We find Wycocos claim for payment of interest partly meritorious. 3. and every Executive Order No. may announce its intention to take judicial notice of any matter and allow the parties to be heard thereon.[34] DARABs dismissal[31] of the administrative case to give way to and in recognition of the courts power to determine just compensation. Rule 129 of the Rules on Evidence provides: approximately 10 hectare portion of the entire land which was found to be not suitable for agriculture is no justification to compel DAR to acquire the Sec. not generally or professionally administrative remedies was rendered moot and academic in view of the known. The pre-trial order limited the if knowledge of the fact can be otherwise acquired. the cost of acquisition. It must be stressed that although no summary administrative compensation is necessary. the same cannot be arbitrarily arrived at without considering Agrarian Court] by private respondent is valid. on whole area. express. location. That Wycoco will suffer damages by the DARs non-acquisition of the notice thereof. or on request of a party. the trial court took judicial whether a parcel of land may come within the coverage of the notice of the alleged prevailing market value of agricultural lands in Licab.[32] Anent the third issue. therefore. [33] Since these jurisdiction over Wycocos complaint for determination of just factors were not considered. qualifying words ought to have appeared from which it While market value may be one of the bases of determining just can be fairly deduced that a trust account is allowed. and he is not authorized to Besides.The power to take judicial notice is to be proceeding was held before the DARAB. It is very explicit from [Section 16 (e)] that the deposit must be made only in cash or in LBP bonds. the trial court properly acquired size. Judicial Notice. the issue of whether Wycoco violated the rule on exhaustion of make his individual knowledge of a fact. If it were the intention to include a the case at bar. which After trial and before judgment or on appeal. Section 3. the current value of like properties. its own initiative. Thus. Comprehensive Agrarian Reform Program is essentially lodged with the Nueva Ecija without apprising the parties of its intention to take judicial DAR. This is because the court issues to those not disposed of by admission or agreements. or on request of a party.Sec. Court of Appeals.

In the same vein. petitioners right to payment of just and valid made only in cash or in LBP bonds. [37] The invoke LRA Circular Nos. 9. This is because the replacement of the trust account with cash or LBP All trust accounts issued pursuant to Administrative Order No. S. 29. 9 for being null and void. The Original Certificate of Trust Deposit previously cash and bond deposits due Wycoco from the time of the taking of the issued should be attached to the request of the DAR in order that the same property up to the time of actual payment of just compensation. The award of actual damages for unrealized profits should be All previously established Trust Deposits which served as the basis for the deleted. petitioners cannot compensation for the expropriation of his property would be violated. 1993 bonds did not ipso facto cure the lack of compensation. the imposition of interest was in the nature of Pursuant to the forgoing decision. therefore did not commit any error in striking down Administrative Circular In some expropriation cases. The basis of the 12% interest would be the just immediately inventory the claim folders referred to in the preceding compensation that would be determined by the Special Agrarian Court upon paragraph. 29-A and 54 because these implementing interest earnings accruing on the deposit account of landowners would regulations can not outweigh the clear provision of the law. the just compensation due Wycoco should bear 12% accounts in the name of the landowners concerned. Conversely. The claim must be premised . imposition of interest is in order. In the same vein. Respondent court suffice to compensate them pending payment of just compensation. the amount determined by the requisite deposit under this Administrative Order and to issue a new Special Agrarian Court would also be the basis of the interest income on the certification to that effect. TRANSITORY PROVISIONS tendering a valid payment of just compensation. the covering landholdings not yet transferred in the name of the Republic of the determination of this compensation was marred by lack of due process. The amount of loss must not only be capable of proof. discussed. order to rectify the error committed by the DAR in opening a trust account There is no basis in allowing the opening of a trust account in behalf of the and to grant the landowners the benefits concomitant to payment in cash or landowner as compensation for his property because. Acquisition and Distribution shall coordinate with the LBP for this purpose. It must be stressed. 1996 shall immediately be converted to deposit Accordingly. interest per annum from the time LBP opened a trust account in his name up to the time said account was actually converted into cash and LBP bonds All Provincial Agrarian Reform Officers and Regional Directors are directed to deposit accounts. for essentially. Section 16(e) of RA 6657 is very specific that the deposit must be Court of Appeals.[36] annum on the just compensation due the landowner. where there was delay in VI. DAR issued Administrative Order No. converting trust accounts in the name of landowners into part of the government one of forbearance. as heretofore LBP bonds prior to the ruling of the Court in Land Bank of the Philippines v. may be replaced with a new one.ambiguity in Section 16(e) of RA 6657 to warrant an expanded construction likewise be converted to deposits in cash and in bonds. [39] Philippines as of July 5. The transitory provision thereof states the form of damages cannot be applied where there was prompt and valid payment of just compensation.[38] It follows that the interest in deposit accounts. wherever they may be found and request the LBP to establish the remand of the instant case. xxxxxxxxx In light of the foregoing. that in these cases. but must be transfer of the landowners title to the Republic of the Philippines shall proven with a reasonable degree of certainty. 1. damages for delay in payment which in effect makes the obligation on the 2. the Court imposed an interest of 12% per No. The Bureau of Land of the term deposit. the trust account opened by LBP in the name of Wycoco as the mode of payment of just compensation should be converted to In the present suit. however. Such conversion should be retroactive in application in enact rules and regulations when it issued Administrative Circular No. the DAR clearly overstepped the limits of its powers to a deposit account. Otherwise. Series of 1996.

R. The petition for mandamus in G. The decision of the Regional Trial Court of Cabanatuan City.[40] None having been presented in the instant case. 91 (AF) is REMANDED to the Regional Trial Court of Cabanatuan City. From the foregoing discussion. the prayer for the inhibition of Judge Rodrigo S. Agrarian Case No. it is clear that Wycocos petition for mandamus in G. Branch 23. 146733 is DISMISSED.upon competent proof or upon the best evidence obtainable.R. WHEREFORE. 140160 is PARTIALLY GRANTED. No. Caspillo in Agrarian Case No. .R. such as receipts or other documentary proof. acting as Special Agrarian Court in Agrarian Case No. 91 (AF). 91 (AF) is denied for lack of basis. SO ORDERED. Likewise. cannot be enforced because there is a need to remand the case to the trial court for determination of just compensation. for the determination of just compensation. in view of all the foregoing. the petition in G. No. the claim for unrealized profits cannot be granted. No. 146733 should be dismissed. Branch 23.