November 10, 1995
DAR OPINION NO. 68-95
Miss Rosalinda Antoque
c/o People's Plaza
Purefoods Company
F.S. Pajares Avenue
Pagadian City 7016
Dear Miss Antoque:
This has reference to your letter seeking clarification relative to the following queries, to wit:
1. Is the Register of Deeds authorized to register and cancel titles?
2. Is the Department of Agrarian Reform authorized to issue and cancel Emancipation Patents?
3. Does the Department of Agrarian Reform have the authority to issue Emancipation Patents to a person who is not a tenant?
4. Why is it that the Department of Agrarian Reform cannot present a copy of the document that was signed by my father? Is that document legal or illegal?
5. Why did the Assessor's Office not register a cancelled title?
You state that your father, Mr. Lorenzo Antoque, Sr., is a registered tenant-beneficiary of the Edunigio Mancao Estate at Miligan, Molave, Zamboanga del Sur; that in 1982, the DAR subdivided said property for distribution to qualified tenants; that your father, being a qualified tenant, was awarded four CLTs covering a total area of 29,697 square meters; that thereafter he started paying his amortizations to the Land Bank of the Philippines for the value of the lots awarded to him; that in 1987, after having completed payments, he was supposed to receive four EPs as proof of ownership of subject farmlots; that for unknown reasons, the DAR issued only 2 EPs in his name, while 2 EPs were issued to a certain Bonifacio Fernandez.
You further state that the DAR officials at Molave forced your father to sign a blank form, with a warning that if he failed to sign, the other 2 EPs would go to Bonifacio Fernandez and he would no longer own any of the 4 titles. You have written to seek clarification regarding the matter and to request for a xerox copy of the 4 TCTs. You likewise request for advice before the last hearing of your case.
The answer to your first query is in the affirmative. Paragraph 2 of P.D. 1529 (The Property Registration Decree) provides that it shall be the duty of the Register of Deeds to immediately register an instrument presented for registration dealing with real or personal property which complies with all the requisites for registration; see to it that said instrument bears the proper documentary and science stamps and that the same are properly cancelled; and if the instrument is not registrable, forthwith deny registration thereof and inform the presentor of such denial in writing, stating the ground or reason therefor, and advising him of his right to appeal by consulta in accordance with Section 117 of said Decree. However, the cancellation of Emancipation Patents is effected by the Register of Deeds only upon the presentation of an order issued by the Department of Agrarian Reform Adjudication Board (DARAB). Rule II(f) of the DARAB New Rules of Procedure provides that cases involving the issuance, correction and cancellation of EPs and CLOAs which are registered with the Register of Deeds fall within the primary and exclusive original and appellate jurisdiction of the DARAB. On the other hand, the authority to order the cancellation of unregistered Emancipation Patents is vested with the Regional Director, and the Secretary of Agrarian Reform on appeal.
As regards your second query, under Section 5(g) of Executive Order No. 129-A, the DAR is authorized to "issue emancipation patents to farmers and farmworkers covered by agrarian reform for both private and public lands and when necessary, make administrative corrections of the same". Moreover, as earlier explained, it is the DARAB that has jurisdiction to order the cancellation of registered Emancipation Patents for violations provided by law. Unregistered Emancipation Patents are, however, cancelled administratively.
Anent your third query, only bona fide tenants are entitled to the issuance of Emancipation Patents.
Your allegations on the non-issuance of the 2 EPs to your father, the forcible signing of documents by him, the failure of DAR to show said document and the non-registration by the Assessor's Office of the cancelled title have been referred to the DAR Regional Office at Zamboanga City, Attn.: the PARO of Zamboanga del Sur and MARO of Molave, as they are in the best position to enlighten you thereon. (copy of the letter attached).
Very truly yours,
(SGD.) HECTOR D. SOLIMAN
Assistant Secretary Legal Affairs Office
Copy furnished:
The Regional Director
DAR Region IX
GV Bldg., Veterans Avenue
Zamboanga City
PARO Maria G. Santillan
DAR, Zamboanga del Sur
The MARO
DAR, Molave, Zamboanga del Sur