Certificate of Land Transfer as Evidence of Ownership

-A certificate of land transfer is immediately issued to the tenant-farmer of the land primarily
devoted to rice and corn after identifying the farmer’s holding, its area, location and specifying
the terms and conditions of ownership.
-A certificate of land transfer (CLT) is not yet considered as absolute evidence of ownership of
the tenant-farmer’s farm lot, but only as a provisional title of ownership thereof while he remains
as amortizing owner.
-All Register of Deeds are instructed to record in their primary entry books and annotate a
memorandum thereof in the corresponding certificate of title of the farm lot without necessarily
surrendering the duplicate certificate of title upon receipt of the copy of CLT.
-The DAR shall see to it that these unregistered lands be surveyed and be brought into the
functions of the Bureau of Lands so that titles hereto could be issued to farmers-beneficiaries
occupying the same under Torrens System.

Mechanics on Issuance of Emancipation Patent

-An Emancipation Patent shall be issued by the DAR in favor of the tenant-farmer who has
complied with the requirements imposed by P.D. No. 27. Among these requirements is the full
payment of the annual amortization.
-Where the land covered by an Emancipation Patent is unregistered, the land involved will thus
be brought under the operation of Act No. 496, upon filing of the Emancipation Patent with the
Register of Deeds.
-After the entry is made of such Emancipation Patent in the corresponding registration book, it
becomes the ministerial duty of the Register of Deeds concerned to prepare a corresponding
certificate of title for the farmer’s farmholding and the issuance of the owner’s duplicate
certificate of title to the grantee-beneficiary.
-In the case of registered lands, it becomes the ministerial duty of the Register of Deeds to assign
a corresponding certificate of title thereto upon the filing of the Emancipation Patent in
accordance with the approved survey plan.
-Before cancelling the original certificate of title containing an annotation of a memorandum of
the entry of the patent thereon, the Register of Deeds shall require the surrender of the duplicate
certificate thereof within reasonable time.
-The Registered of Deeds shall be empowered to cancel the original and the owner’s duplicate
and to issue a new certificate of title, as well as a duplicate copy in favor of the tenant-farmer
who is a holder of the Emancipation Patent.
B.P. Blg. 870
-The beneficiary of Emancipation Patent and Certificate of Title (issued in accordance with P.D.
No 27) is prohibited from transferring or conveying title to the land which it represents in favor
of third persons and the transferee shall not acquire a valid title thereto.
-The farmer-beneficiary shall not be entitled to a refund of his amortizations to the Land Bank,
but the land thus conveyed shall be forfeited in favor of the state and he shall forever be
disqualified from acquiring lands under the agrarian reform laws.

The foregoing injunction embodied in B.P Blg. 870 has been superseded by an amendatory
provision of Section 6, E.O. No. 228 which allows transfer of lands acquired by a farmer-
beneficiary by the operation of P.D. No. 27 and other agrarian reform laws, provided such
beneficiary has fully paid his remaining amortizations to the Land Bank, and the transferee is a
qualified transferee.

Sec. 27 R.A. No.6657 & DAR Adm,. Order No. 1

-allow transferability of awarded lands under P.D. No. 27, R.A. No. 3844 and R.A. No.6657 after
the lapse of 10 years from the issuance and registration of the Emancipation Patent or Certificate
of Land Ownership Award, in favor of third persons.

Source: Agrarian Reform Law Revitalized by Judge Recaredo P. Barte