Pedro Mago v.

Juana Barbin
G.R. No. 173923
Oct. 12, 2009
Summary: Petitioners argue that the Emancipation Patents and Transfer
Certificates of Title issued to them which were already registered with the
Register of Deeds have already become indefeasible and can no longer be
cancelled. The Supreme Court do not adhere to petitioners’ view. The Court has
already ruled that the mere issuance of an emancipation patent does not put the
ownership of the agrarian reform beneficiary beyond attack and scrutiny.
Emancipation patents issued to agrarian reform beneficiaries may be corrected
and cancelled for violations of agrarian laws, rules and regulations. In fact, DAR
Administrative Order No. 02, series of 1994, which was issued in March 1994,
enumerates the grounds for cancellation of registered Emancipation Patents or
Certificates of Landownership Award.
Facts: Respondent filed with the PARAD of Camarines Norte an action for
Cancellation of Emancipation Patents, Disqualification of Tenant-Beneficiary,
Repossession and Damages. Respondent alleged that she is the owner in fee
simple of an irrigated riceland, and that Petitioners were tenants of the subject
landholding. Respondent further alleged that petitioners violated the terms of
their leasehold contracts when they failed to pay lease rentals for more than
two years, which is a ground for their dispossession of the landholding.
On the other hand, petitioners alleged that the subject landholding was placed
under the Operation Land Transfer program of the government pursuant to PD
27.
Respondent’s title, OCT No. P-4672, was then cancelled and the subject
landholding was transferred to Petitioners who were issued Emancipation
Patents by the DAR. The Transfer Certificates of Title issued to petitioners
emanating from the Emancipation Patents were registered with the Registry of
Deeds on 9 February 1989. Petitioners averred that prior to the issuance of the
Emancipation Patents, they already delivered their lease rentals to respondent.
They further alleged that after the issuance of the Emancipation Patents, the
subject landholding ceased to be covered by any leasehold contract.
PARAD denied the petition for lack of merit. The PARAD found that in her
petition for retention and exemption from the coverage of the Operation Land
Transfer, and cancellation of Certificates of Land Transfer, filed before the DAR,
respondent admitted that aside from Riceland, she also owns other agricultural
lands of “coco lands.”
The PARAD further held that pursuant to DAR Memorandum Circular
payment of lease rentals to landowners covered by the Operation Land Transfer
shall terminate on the date the value of the land is established. Thus, the
PARAD held that the proper recourse of respondent is to file a claim for just
compensation.
 On appeal, the DARAB reversed and set aside the PARAD Decision ORDERING
the Register of Deeds to cancel the Emancipation Patent of the Petitioners and
DIRECTING the Municipal Agrarian Reform Officer of Vinzons, Camarines
Norte, to reallocate the subject lands to qualified beneficiaries. Petitioners filed
a motion for reconsideration, which the DARAB denied for lack of merit.
Petitioners then appealed to the Court of Appeals, which affirmed the DARAB
Decision and thereafter denied petitioners’ motion for reconsideration. Hence,
this petition
Issue: Whether the Emancipation Patents and Transfer Certificates of Title
issued to the Petitioner which were already registered with the Register of
Deeds have already become indefeasible and can no longer be cancelled even if
they failed to fully pay the landowner.
Ruling: No, the Court has already ruled that the mere issuance of an
emancipation patent does not put the ownership of the agrarian reform
beneficiary beyond attack and scrutiny. Emancipation patents issued to
agrarian reform beneficiaries may be corrected and cancelled for violations of
agrarian laws, rules and regulations.
Analysis: In fact, A DAR Administrative Order enumerates the grounds for
cancellation of registered Emancipation Patents or Certificates of
Landownership Award which state that” Default in the obligation to pay an
aggregate of three (3) consecutive amortizations in case of voluntary land
transfer/direct payment scheme, except in cases of fortuitous events and force
majeure” Indeed, the court scrutinized the evidentiary records but found no
valid reason to depart from the challenged decision and it does not also allow
unjust treatment of landowners by depriving the latter of the just
compensation due.
In this case, petitioners entered into an agreement with respondent for a
direct payment scheme embodied in the Deeds of Transfer. However,
petitioners failed to pay the amortizations to respondent landowner in
accordance with their agreed direct payment scheme.

In the first place, the Emancipation Patents and the Transfer Certificates
of Title should not have been issued to petitioners without full payment of the
just
compensation. Under Section 2 of Presidential Decree No. 266, the DAR will
issue the Emancipation Patents only after the tenant-farmers have fully
complied with the requirements for a grant of title under PD27. Although PD 27
states that the tenantfarmers are already deemed owners of the land they till, it
is understood that full payment of the just compensation has to be made first
before title is transferred to them. Thus, Section 6 of EO 228 provides that
ownership of lands acquired under PD 27 may be transferred only after the
agrarian reform beneficiary has fully paid the amortizations.
Conclusion: In this case, both the Court of Appeals and the DARAB found that
petitioners have not fully paid the amortizations for the land granted to them.
The PARAD had a similar finding when it recommended that the proper
recourse of respondent is to file a claim for just compensation. Clearly, the
cancellation of the Emancipation Patents issued to petitioners is proper under
the circumstances.

 Certificate of Land Transfer as Evidence of Ownership

1. It is immediately issued to the tenant-farmer of a land

primarily devoted to rice and corn after identifying the
farmer's landholding, area, location, and specifying the
terms and conditions of ownership, as long as the DAR
has transferred the landholding to him and recognized
him as a qualified beneficiary.
2. The tenant-farmer under P.D. No.27 whose landholding
had been considered into full ownership under
E.O. No.228, had fully paid his amortization to the
Landbank, the DAR shall issue him an Emancipation Patent.
3. CLT does not vest full ownership on the holder and does
not automatically operate to divest the landowner of all
of his rights over the landholding.

The holder must first comply with certain mandatory requirements to

effect a transfer of ownership. Under
R.A. No. 6657 in relation with P.D. No. 27 and E.O. No.
228, the title to the landholding shall be issued to the
tenant-farmer only upon the satisfaction of the
following requirements:
a. Payment in full of the just compensation for the landholding,
duly determined by final judgment of the proper court.
b. Possession of the qualifications of a farmer-beneficiary under
the law.
c. Full-pledged membership of the farmer-beneficiary in a duly
recognized farmers’ cooperative.
d. Actual cultivation of the landholding.

 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, after such a survey has been conducted and the survey plan submitted
duly approved of the identified landholding primarily devoted to rice and corn.
 Where the land covered by an Emancipation Patent is unregistered under Act
No. 3344, the land involved will thus be brought under the operation of Act No.
496 (An
Act to Provide for the Adjudication and Registration of Titles to Lands in the
Philippines Islands), upon filing of the Emancipation Patent with the Register of
Deeds of the city or province where the land is situated. Hence, such lands
shall have the character of registered lands under the Torrens System.
In the case of lands registered under the Torrens System, it becomes the
ministerial duty of the Register of Deeds to assign a corresponding certificate of
title thereto upon 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 a reasonable time. Should the duplicate copy be continued to be
withheld or refused to be surrendered, the Register of Deeds shall be
empowered to cancel the original and the owner’s duplicate and to issue a new
certificate of title and a duplicate copy in favor of the tenant-farmer who is a
holder of the Emancipation Patent pursuant to P.D. No. 266 (Providing for
the Mechanics of Registration of Ownership and/or Title to Land Under
P.D. No. 27). Once an Emancipation Patent and certificate of title are
issued in accordance with P.D. No. 27, and the agrarian reform laws of this
country, the beneficiary thereof is prohibited from transferring or conveying tile
to the land which it represents in favor of third persons, whether natural or
juridical, and the transferee shall not acquire a valid title thereto. However, this
has been amended by Sec. 27 of R.A. No. 6657 and DAR Adm. Order No. 1
dated January 25, 1989, which allow transferability of awarded lands under
P.D. No. 27, R.A. 3844 and R.A. No. 6657, after the lapse of ten (10) years from
the issuance and registration of the Emancipation Patent or Certificate of Land
Ownership Award in favor of third persons.
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 be forever disqualified from acquiring lands
under the agrarian reform laws.
The above-mentioned injunction embodied in B.P. Blg. 870 (An Act Providing
Sanctions Against Transfer of Lands Acquired under P.D. No. 27 of the Land
Reform Program of the Government and for Other Purposes), however, has
been superseded by an amendatory provision of Sec. 6 of E.O. No. 228, which
allows transfer of lands provided the farmer-beneficiary has fully paid his
remaining amortizations to the Land Bank, and the transferee is a qualified
beneficiary.
Emancipation patents may be cancelled for the following grounds:
1.Abandonment of land
2.Neglect and misuse of land
3.Failure to pay amortization
4.Misuse of diversion of financial and support services
5.Sale, transfer or conveyance of the right to use the
land
6.Illegal conversion of the lands.
Domestic Workers Act or Batas Kasambahay (RA 10361)
Approved January 18, 2013
Applicability of the Law - domestic workers working within the Philippines

Meaning of domestic worker or Kasambahay

Person engaged to work for a household within an employment
relationship
Hired specifically to perform household work
Whether on a live-in or live-out arrangement, such as but not
limited to:
1. General house help;
2. Yaya;
3. Cook;
4. Gardener;
5. Laundry person; or
6. Any person who regularly performs domestic work in one
household on an occupational basis.
Not a Domestic worker
1. Service providers;
2. Family drivers;
3. Children under foster family arrangement; and
4. Any other person who performs work occasionally or
sporadically and not on an occupational basis.

Minimum age for employment of domestic worker – 15 years of age

Hiring of domestic worker
• Execute employment contract before commencement
of the service in a language or dialect understood by
both the domestic worker and employer
• Employer may require the following from the
domestic worker: 1. Medical certificate or a health
certificate issued by a local government health officer;
 2. Barangay and police clearance;
3. National Bureau of Investigation (NBI) clearance;
and
4. Duly authenticated birth certificate or if not
available, any other document showing the age of
the domestic worker such as voter’s identification
card, baptismal record or passport.
• The mentioned documents shall be standard
requirements when the employment of the domestic
worker is facilitated through PEA
• Costs borne by the prospective employer or agency 
No share of recruitment or finder’s fees shall be
charged against the domestic worker by the PEA or
third party.

Basic contents of employment contract

1. Duties and responsibilities of the domestic worker;
2. Period of employment;
3. Compensation;
4. Authorized deductions;
5. Hours of work and proportionate additional payment;
6. Rest days and allowable leaves;
7. Board, lodging and medical attention;
8. Agreements on deployment expenses, if any;
9. Loan agreement;
10. Termination of employment; and
Any other lawful condition agreed upon by both parties.
Registration of domestic workers
- Employer shall register all domestic workers under
their employment in the Registry of Domestic Workers
in the barangay where the employer’s residence is
located

Terms and conditions of employment

- Health and safety – safeguard the health and
safety of the domestic worker with due consideration of
the peculiar nature of domestic work
- Daily rest period – aggregate of 8 hours per day -
Weekly rest period – at least 24-hours consecutive
hours of rest in a week; agreed in writing; respect
preference based on religious grounds employer and
domestic worker may agree on the following:
 1. Offsetting a day of absence with a particular rest
day;
2. Waiving a particular rest day in return for an
equivalent daily rate of pay;
3. Accumulating rest days not exceeding five (5) days;
or 4. Other similar arrangements.

Rights and privileges of domestic workers

1. Basic necessities
a. At least 3 adequate meals a day
b. Humane sleeping arrangements that ensure safety
c. Appropriate rest and assistance in case of illnesses
and injuries sustained during service without loss of
benefits
2. Minimum wage
a. P2,500 per month – NCR
b. P2,000 per month – in chartered cities and first class
municipalities
c. P1,500 per month – in other municipalities
3. Other mandatory benefits such as daily and weekly rest
periods, service incentive leave of 5 days with pay for at
least 1 year of service and 13th month pay
4. Freedom from employers’ interference in the disposal of
wages
5. Standard of treatment - not be subjected to any kind of
abuse, including repeated verbal or psychological, nor be
inflicted with any form of physical violence or harassment
or any act tending to degrade his/her dignity
6. Board, lodging and medical attendance
7. Right to privacy - Privacy guaranteed at all times and
shall extend to all forms of communication and personal
effects
8. Access to outside communication - during free time,
provided that in case of emergency, access to
communication shall be granted even during work time.
Should the domestic worker make use of the
employer’s telephone or other communication
facilities, the costs shall be borne by the domestic
worker, unless such charges are waived by the
employer.
9. Access to education and training - Opportunity to finish
basic education and may be allowed access to alternative
learning systems, and, as far as practicable, higher
 education or technical and vocational training. The
employer shall adjust the work schedule of the domestic
worker to allow such access to education or training
without hampering the services required by the employer.
10. Right to form, join or assist labor organization – for
purposes of mutual aid and collective negotiation
11. Right to be provided a copy of the employment contract
12. Right to certificate of employment
13. Right to terminate the employment
14. Right to exercise their own religious beliefs and cultural
practices
15. Access to a copy of pay slip containing the amount paid
in cash kept by the employer for a period of three years
16. SSS, ECC, Philhealth and HDMF coverage for those who
have rendered at least one month of service
- Wage of P5,000 and above per month –
domestic worker shall pay the proportionate
share in the premium payments or
contributions

Rights and obligations of Employer

1. To require submission by the Kasambahay of pre-employment
documents
2. To recover deployment expenses
3. To demand replacement
4. To terminate employment

Obligations of domestic workers

 Treat as privileged and confidential all communication and
information pertaining to the employer or members of the
household
 Render satisfactory service at all times
 Observe the terms and conditions of the employment
contract

Extent of Duty Outside the Household – Kasambahay

and the employer may mutually agree to temporarily
perform a task for the benefit of another household
under the following conditions:
Agreement between the Kasambahay and the employer
for the purpose, particularly on the task to be performed
  Kasambahay entitled to additional payment of not less than
the applicable minimum wage rate
 Original employer shall be responsible for any liability
incurred by the Kasambahay on account of such
arrangement; and
 The original employer is not charging any amount from the
other household for the arrangement.

Prohibited activities
- Prohibition against deposits for loss or damage - To
require a domestic worker to make deposits from which
deductions shall be made for the reimbursement of loss or
damage to tools, materials, furniture and equipment in the
household
- Prohibition on debt bondage - To place the domestic worker
under debt bondage, i.e. rendering of service by the
kasambahay as security or payment for a debt where the
length and nature of service is not clearly defined or when the
value of the service is not reasonably applied in the payment
of the debt. - To assign work in commercial, industrial or
agricultural enterprise at a wage rate lower than that provided
for agricultural or non-agricultural workers
- Prohibition on interference in the disposal of wages - To
interfere with the freedom of any domestic worker to dispose
latter’s wages; employer to force, compel or oblige the
domestic worker to purchase merchandise, commodities or
other properties from the employer or from any other person,
or otherwise make use of any store or services of such
employer or any other person
- Prohibition against withholding of wages - To withhold wages
of the domestic worker
- If the domestic worker leaves without any justifiable reason,
any
unpaid salary not exceeding 15 days shall be forfeited
- To deduct any amount from the wages without his written
consent or authorization
- Employing under 15 years of age

Just causes for termination of employment by the domestic worker

1. Verbal or emotional abuse of the domestic worker by
the employer or any member of the household;
 2. Inhuman treatment including physical abuse of the
domestic worker by the employer or any member of the
household;
3. Commission of a crime or offense against the domestic
worker by the employer or any member of the
household;
4. Violation by the employer of the terms and conditions
of the employment contract and other standards set
forth under this law;
5. Any disease prejudicial to the health of the domestic
worker, the employer, or member/s of the household;
and
6. Other causes analogous to the foregoing.

Just causes for termination of employment by the employer

1. Misconduct or willful disobedience by the domestic
worker of the lawful order of the employer in
connection with the former’s work;
2. Gross or habitual neglect or inefficiency by the
domestic worker in the performance of duties;
3. Fraud or willful breach of the trust reposed by the
employer on the domestic worker;
4. Commission of a crime or offense by the domestic
worker against the person of the employer or any
immediate member of the employer’s family;
5. Violation by the domestic worker of the terms and
conditions of the employment contract and other
standards set forth under this law;
6. Any disease prejudicial to the health of the domestic
worker, the employer, or member/s of the
household; and
7. Other causes analogous to the foregoing.

Certificate of Employment
- Employer shall issue the domestic worker within 5 days
from request a COE indicating the nature, duration of the
service and work performance

Deduction for Loans/Debts

- shall not exceed 20% of his/her wages in a month
Prohibited Deductions
1. The Kasambahay is clearly shown to be responsible
for the loss or damage;
2. The Kasambahay is given reasonable opportunity to
show cause why deduction should not be made;
3. The total amount of such deductions is fair and
reasonable and shall not exceed the actual loss or
damage; and
4. The deduction from the wages of the Kasambahay
does not exceed 20% of his/her wages in a month.

Criminal Acts
1. Employing a domestic worker who is below 15 years old
2. Charging by the original employer any amount from the
household where the service of his domestic worker is
temporarily performed
3. Requiring the domestic worker to make deposits to answer for
losses or damages to tools, materials, furniture and
equipment in the household
4. Placing the domestic worker under debt bondage
5. Interfering with the freedom of the domestic worker to dispose
of his wages
6. Withholding the wages of domestic worker or inducing the
domestic worker to give up any part of his wages

Criminal Sanction
- Administrative penalty of not less than P10,000 but not more
than P40,000.
Paternity Leave Act of 1996 (RA 8187)
Approved on June 11, 1996
Meaning of paternity leave
- Leave credits granted to a married male employee to
allow him to earn compensation for 7 working days
without reporting for work, provided that his spouse
has delivered a child, had a miscarriage, or an
abortion for the purpose of lending support to his
wife during her period of recovery and nursing of the
newborn child
- the benefits granted to a married male employee
allowing him not to report for work for seven (7) days
but continues to earn the compensation therefor, on
the condition that his spouse has delivered a child or
suffered a miscarriage for purposes of enabling him
to effectively lend support to his wife in her period of
recovery and/or in the nursing of the newly-born
child.
Coverage of the law
- Married male employees in the private and public
sectors.

Duration of the paternity leave

- 7 days with full pay (available only for the first 4
deliveries)

Conditions for entitlement to paternity leave

1. Employed at the time of the delivery of his child
2. Notified his employer of the pregnancy of his wife
and her expected date of delivery
3. Wife has given birth, suffers a miscarriage or an
abortion
4. Availed in first 4 deliveries by his lawful spouse

Penal sanctions
- Penalty or fine not exceeding P25,000 or
imprisonment of not less than 30 days nor more than 6
months
 - If violation is committed by a juridical entity, the
penalty of imprisonment shall be imposed on the entity’s
responsible officers

Solo Parents’ Welfare Act (RA 8972)

Approved on November 7, 2000

Definition of solo parent

1. A woman who gives birth as a result of rape and other
crimes against chastity even without a final conviction
of the offender
2. Parent left solo or alone due to the death of the spouse
3. Parent left solo or alone while spouse is detained or is
serving sentence for a criminal conviction for at least
one year
4. Parent left solo or alone due to the physical/mental
incapacity of spouse as certified by a public medical
practitioner
5. Parent left solo or alone due to the legal separation or
de facto separation at least one year
6. Parent left solo or alone due to the declaration of
nullity or annulment of marriage
7. Parent left solo or alone due to the abandonment of
spouse for at least one year
8. Unmarried mother/father
9. Any other person who solely provides parental care
and support to a child or children
10. Any family member who assumes the responsibility
of head of family as a result of death, abandonment,
disappearance or prolonged absence of the parent/solo
parent

Benefits available to solo parent

1. Comprehensive package of social development and
welfare services
a. Livelihood development services
b. Counselling services
c. Parent effectiveness services
d. Critical incidence stress debriefing
2. Special projects for individuals in need of protection
Flexible work schedule – not affecting individual and
 company productivity; employer may request for
exemption on meritorious grounds
3. Parental leave – 7 working days; not convertible to cash;
different from emergency or contingency leave
4. Educational leave
a. Scholarship programs for qualified solo parents
and their children in institutions of basic, tertiary
and technical/skills education
b. Non-formal education programs
5. Housing benefits – upon meeting the eligibility criteria;
shall be provided with liberal terms on government low-
cost housing projects
6. Medical assistance – comprehensive health care
program for solo parents and their children