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    Emancipation Patent

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    Cey Abing
    P.D. No. 27 provides that land acquired under the Land Reform Program cannot be transferred except through hereditary succession or back to the government, except for lands covered by Emancipation Patents (EPs) which confer absolute ownership and can be subject to a contract of sale. The RTC only verifies if an original owner's duplicate certificate of title still exists in a case for a lost certificate, and does not determine actual ownership, which must be resolved in a separate proceeding with evidence. P.D. 1529 says that for subsequent transfers of land covered by an Emancipation Patent or title from one, the Register of Deeds requires supporting documents from the Department of Agrarian Reform.

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    Emancipation Patent

    Uploaded by

    Cey Abing
    189 views2 pages
    P.D. No. 27 provides that land acquired under the Land Reform Program cannot be transferred except through hereditary succession or back to the government, except for lands covered by Emancipation Patents (EPs) which confer absolute ownership and can be subject to a contract of sale. The RTC only verifies if an original owner's duplicate certificate of title still exists in a case for a lost certificate, and does not determine actual ownership, which must be resolved in a separate proceeding with evidence. P.D. 1529 says that for subsequent transfers of land covered by an Emancipation Patent or title from one, the Register of Deeds requires supporting documents from the Department of Agrarian Reform.

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    Emancipation patent

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    P.D. No. 27 provides that land acquired under the Land Reform Program cannot be transferred except through hereditary succession or back to the government, except for lands covered by Emancipation Patents (EPs) which confer absolute ownership and can be subject to a contract of sale. The RTC only verifies if an original owner's duplicate certificate of title still exists in a case for a lost certificate, and does not determine actual ownership, which must be resolved in a separate proceeding with evidence. P.D. 1529 says that for subsequent transfers of land covered by an Emancipation Patent or title from one, the Register of Deeds requires supporting documents from the Department of Agrarian Reform.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    189 views2 pages

    Emancipation Patent

    Uploaded by

    Cey Abing
    P.D. No. 27 provides that land acquired under the Land Reform Program cannot be transferred except through hereditary succession or back to the government, except for lands covered by Emancipation Patents (EPs) which confer absolute ownership and can be subject to a contract of sale. The RTC only verifies if an original owner's duplicate certificate of title still exists in a case for a lost certificate, and does not determine actual ownership, which must be resolved in a separate proceeding with evidence. P.D. 1529 says that for subsequent transfers of land covered by an Emancipation Patent or title from one, the Register of Deeds requires supporting documents from the Department of Agrarian Reform.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    of 2

    P.D. No.

    27 provides that “title to land acquired pursuant to this Decree or the


    Land Reform Program of the Government shall not be transferable except by hereditary
    succession or to the Government in accordance with the provisions of this Decree, the
    Code of Agrarian Reforms and other existing laws and regulations.”
    Awarded lands covered by Emancipation Patents (EPs), undoubtedly, can be the
    subject of a contract of sale. As elucidated by the Supreme court in the Case of
    Engracia Vinzons-Magana vs. Hon. Conrado Estrella, et. Al. 201 SCRA 536, the
    issuance of Emancipation patent (upon compliance with the prescribed conditions under
    P.D. 27) confers on the farmer-grantee a vested right of absolute ownership in the
    landholding—a right which has become fixed and established and is no longer open to
    doubt and controversy. Thus, Emancipation Patent is a proof of ownership which can be
    the subject of a contract of sale in the exercise of one’s right of ownership without
    violating the prohibitions embodied in Section 27 of R.A. No. 6657 (Comprehensive
    Agrarian Reform Law) relative to sale or disposition of awarded lands for a period of ten
    (10) years from their ward because said provision of law solely applies to awarded lands
    under R.A. No. 6657 covered by Certificates of Land Ownership Award (CLOAs) and
    not to PD 27 lands covered by EPs.

    It must be recalled at this point that in a petition for the issuance of a new
    owner’s duplicate copy of a certificate of title in lieu of one allegedly lost, the RTC,
    acting only as a land registration court, has no jurisdiction to pass upon the question of
    actual ownership of the land covered by the lost owner’s duplicate copy of the certificate
    of title. (Camitan v. Fidelity Investment Corporation citing Macabalo-Bravo v. Macabalo,
    G.R. No. 144099, September 26, 2005, 471 SCRA 60, 72) The only fact that had to be
    established was whether or not the original owner’s duplicate copy of certificate of title is
    still in existence. (Macabalo-Bravo v. Macabalo, G.R. No. 144099, September 26, 2005,
    471 SCRA 60, 72) Thus, any issue of ownership as well as the validity of the Deed of
    Absolute Sale upon which ownership relies will have to be threshed out in a more
    appropriate proceeding where the trial court will conduct a full-blown hearing with the
    parties presenting their respective evidence to prove ownership over the subject
    property and not in an action for the issuance of the lost owner’s duplicate certificate of
    title, nor in a proceeding to annul the certificate issued in consequence thereof. (Strait
    Times v. Court of Appeals, 294 SCRA 714)

    P.D. 1529 Section 105. Certificates of Land Transfer Emancipation Patents.


    In case of subsequent transfer of property covered by an Emancipation Patent or
    a Certificate of Title emanating from an Emancipation Patent, the Register of Deeds
    shall affect the transfer only upon receipt of the supporting papers from the Department
    of Agrarian Reform

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