December 13, 1996
DAR OPINION NO. 137-96
Mr. Benito V . Conlu
No. 16, Rosal Street
Lakeview Homes
Muntinlupa City
Dear Mr. Conlu:
This has reference to your letter seeking clarification on certain queries raised therein, to wit:
1. Who are qualified/legal and disqualified/illegal tenants or occupants of a public agricultural land?
2. What is the status of the title "composition con el estado" under the Spanish Mortgage Law? Can this be considered proof of ownership?
Anent your first query, please be informed that in public agricultural lands, we do not give distinction on legal or illegal occupants since any citizen of the Philippines can be a tiller thereof, provided he has the ability to make the land as productive as possible. This is so in view of the policy of the government to assist landless tenants in acquiring full ownership of the lands occupied or cultivated by them. Specifically, Section 12 and Section 44 of Commonwealth Act 141 (otherwise known as the Public Land Act) provides:
Section 12 — Any citizen of the Philippines over the age of eighteen years, or the head of a family, 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 than twenty-four hectares of land since the occupation of the Philippines by the US, may enter a homestead of not exceeding twenty-four hectares of agricultural land of the public domain.
Section 44 — Any natural-born citizen of the Philippines who is not the owner of more than twenty-four hectares and who since July fourth, nineteen hundred and twenty-six or prior thereto, has continuously occupied and cultivated, either by himself or through his predecessors-in-interests, a tract or tracts of agricultural public lands subject to disposition, or who shall have paid the real estate tax thereon while the same has not been occupied by any person and be entitled, under the provisions of this chapter, to have a free patent issued to him for such tract or tracts of such land not to exceed twenty-four hectares.
Under RA 6657 (otherwise known as the Comprehensive Agrarian Reform Law or CARL), distinction is given with regard to the redistribution of lands. Section 22 of said Act enumerates those persons who are qualified to become beneficiaries of CARP which may be in the following order of priority:
a) agricultural lessees and share tenants;
b) regular farmworkers;
c) seasonal farmworkers;
d) other farmworkers;
e) actual tillers or occupants of public lands;
f) collective or cooperatives of the above beneficiaries; and
g) others directly working on the land.
Provided, however, that the children of landowners who are qualified under Section 6 of this Act shall be given preference in the distribution of the land of their parents, and provided further, that actual tenant-tillers in the landholding shall not be ejected or removed therefrom.
Please note, however, that beneficiaries under PD No. 27 who have culpably sold, disposed of, or abandoned their lands are disqualified to become beneficiaries under this Program, and a basic qualification of a beneficiary shall be his willingness, aptitude, and ability to cultivate and make the land as productive as possible. Furthermore, farmers already in place but not accommodated in the distribution of privately-owned lands will be given preferential rights in the distribution of lands from the public domain.
As regards your second query, the "composicion con el estado" which was granted by the Spanish Government through the Direccion General de Administracion Civil, pursuant to the provision of the Royal Decree of 25 June 1880, is premised upon the assumption that all those lands to which the state has never executed any deed were property of the state.
Prior to the effectivity of PD No. 1529 (otherwise known as the Property Registration Decree), a Spanish titulo de composicion duly recorded in the office of the Registrar of Deeds is evidence of absolute and exclusive ownership in favor of the grantee (Lao and Edanos vs. Director of Lands, 76 Phil. 736 [1946]). However, when PD 1529 took effect, the system of registration under the Spanish Mortgage Law was discontinued, and all lands recorded under said system which are not yet covered by Torrens title shall be considered an unregistered lands. Under said provision, all holders of Spanish title or grants should therefore apply for registration of their lands under Act 496 (otherwise known as the Land Registration Act) within six (6) months from the effectivity of this Decree. Thereafter, Spanish titles cannot be used as evidence of land ownership in any registration proceeding under the Torrens system.
We hope to have clarified matters with you.
Very truly yours,
(SGD.) LORENZO R. REYES
OIC-Undersecretary
LAFMA