September 15, 1976
MEMORANDUM
TO : All DAR Regional Directors, District Officers
And Team Leaders
SUBJECT : Revised and Detailed Operating Procedures on the Issuance of Emancipation Patent
As one of the features of the 4th Anniversary Celebration of the Emancipation of Tenants on October 21, 1976, it is desired that Emancipation Patents be issued to tenant-farmers who have complied with government requirements. In this regard it is hereby directed that efforts should be exerted to effect the issuance of Emancipation Patents to all qualified tenant-beneficiaries.
HIACac
Attention is invited to the required supporting documents from tenant-farmer applicants to facilitate the processing of their respective applications for issuance of Emancipation Patent. It is requested that the Evaluation Sheet should be carefully reviewed by the Regional Office before transmitted to the COLT to avoid unnecessary delays and backtracking of documents. The Regional Director should see to it that only complete paper supported by documents are submitted to the COLT.
Strict compliance is hereby enjoined.
(SGD.) BENJAMIN R. LABAYEN, CESO I
Asst. Secretary for Adm. Affairs
ISSUANCE OF THE EMANCIPATION PATENT OPERATING PROCEDURES
As a final thrust in the realization of the ultimate objectives of the Presidential Decree No. 27, dated October 21, 1971 to emancipate the tenant-farmers from the bondage of the soil and finally transfer to them the ownership of the land they till, the following guidelines and procedures are hereby prescribed to effect the issuance of Emancipation Patents to duly, registered holders of Certificate of Land Transfer.
A. PROCEDURES (See Attached Flowchart)
1. Issuance of the Emancipation Patent (EP) is initiated by either of the following:
a. The list of Fully Paid Parcels furnished by the Land Bank of the Philippines to the Center for Operation Land Transfer (COLT).
b. The list of Fully Paid Parcels from the field. These parcels are those that are directly paid to landowners.
c. List of Parcels whose Lease-Rental exceeds the value, which is prepared by COLT.
2. COLT informs Field Units about the fully paid parcels from the list furnished by the Land Bank.
3. Upon receipt of notice, DAR Field Team (DARFT) notifies tenant and the Bureau of Lands Survey Team (BLST)
4. Tenant secures application form from DARFT (See enclosure 1). He accomplishes the form and submits it to DARFT together with the required supporting documents (See Enclosure 2 for the list).
5. BLST surveys land parcel, prepares the graphical description then submits it to DARFT.
6. DARFT conducts ocular inspection and investigation of the land to find out if the subject farmer is in personal cultivation of his land and that he is in position to continue the occupation and cultivation of the same.
7. Based on the application form, supporting documents-required, and the ocular inspection, the DARFT evaluates the application, using the Evaluation Report (Enclosure 3). The documents and the Evaluation Report shall be indorsed to the DAR District Office (DARDO).
8. DARDO further evaluates the application and supporting documents. If found favorable, the application is indorsed to the DAR Regional Office (DARDO).
9. DARDO undertakes the final evaluation. At this stage, the clearance from both the Regional Legal Officer and the Regional Trial Attorney shall be secured and attached to the documents. Regional Director accomplishes the Evaluation report and forward it to the COLT together with the application and supporting documents.
10. After the Secretary has approved the Indorsement, COLT prepares the Emancipation Patent and have it signed by the Secretary.
11. COLT assigns computer-generated number to the signed Emancipation Patent.
12. COLT indicates the computer-generated Emancipation Patent number to all copies of the Indorsement.
13. COLT forwards the Emancipation Patent to the Register of Deeds of the municipality/City where the parcel is located.
14. The Register of Deeds (ROD) assign the OCT/TCT/No. and properly registers the patent. The ROD forwards the duplicate of Emancipation Patent (owner's copy) to the nearest DAR Field Team for distribution to tenant-beneficiaries.
15. The ROD informs the National Computer Center thru COLT of the OCT/TCT No. assigned to the Emancipation Patent.
SUPPORTING DOCUMENTS THAT THE TENANT FARMER MUST SUBMIT WITH THE APPLICATION FOR THE ISSUANCE OF EMANCIPATION PATENT
1. Application for Issuance of Emancipation Patent.
2. Applicant's (owner's) copy of the Certificate of Land Transfer issued, or in lieu thereof, Certification to this effect by the DARFT Leader.
3. Certification of the Landowner and Land Bank of the Philippines that applicant has tendered full payment of said parcel of land as described in application and which is actually tilled by him.
4. Certification by the SN President or the Farmer's Cooperative Head duly confirmed by the MDO of the DLGCD to the effect that the applicant is a full pledged member of a duly registered Farmers' Cooperative or a Certification to this effect.
5. Copy of the Technical (graphical) description of the land parcel applied for prepared by the Bureau of Land Sketching Team (BLST) and approved by the BL Regional Director.
6. Clearance from the DARFT or DARDO Legal Officer and/or Trial Attorney, or in the absence thereof, by the DARFT Leader to the effect that the land parcel applied for is not the subject of adverse claim, duly confirmed by the DARDO Legal Officer and/or Trial Attorney or in the absence thereof, by the Regional Director.
7. Xerox copy of Official Receipts and/or certification by the Municipal Treasurer showing that applicant has fully paid and/or has effected up-to-date payment of the realty taxes due on the land parcel applied for.
8. Certification by the DARFT Leader whether applicant has acquired farm machineries from the DAR and/or from other government agencies. HDCAaS
Revised: September 7, 1976
ENCLOSURE 1
EVALUATION SHEET
-----------------------------------------------------------------------------------
NAME OF TENANT-APPLICANT: --------------------------------------------
(Last)
-----------------------------------------------------------------------------------
-----------------------------------------------------------------------------------
(First) (M.I.)
-----------------------------------------------------------------------------------
ADDRESS: ----------------------------------------------------------------------
CHECKLIST OF DOCUMENTS:
1. Application for Issuance of EMANCIPATION PATENT.
2. Applicant's (Owner's) copy of the Certificate of Land Transfer Issued, or in lieu thereof, Certification to this effect by the DARFT Leader.
3. Certification by the SN President or the Farmer's Cooperative Head duly confirmed by the Municipal Development Officer of DLGCD to the effect that the applicant is a full pledged member of a duly organized Samahang Nayon or a duly registered Farmer's cooperative.
4. Certification by the DARFT Leader whether applicant has acquired Farm Machineries from the DAR and/or other government agencies.
5. Xerox copy of Official Receipts and/or certification by the Municipal Treasurer showing that applicant has fully paid and/or has effected up-to-date payment of the realty taxes due on the land parcel applied for.
6. Clearance from the DARFT or DARDO Officer and/or Trial Attorney, or in the absence thereof, by the DARFT Leader to the effect that the land parcel applied for is not the subject of adverse claim, duly confirmed by the DARDO Legal Officer and/or Trial Attorney or in the absence thereof, by the Regional Director.
7. Certified true copy of the technical (graphical) description of the land parcel applied for the Bureau of Land Sketching Team (BLST).
ENCLOSURE 2
OCULAR INSPECTION/INVESTIGATION: GENERAL FINDINGS:
YES NO
1. Applicant in actual cultivation of land
parcel applied for
2. Applicant in a position to continue
actual cultivation thereof
3. Supporting Documents complete
DAR FIELD : DAR DISTRICT : DAR REGIONAL
OFFICE OFFICE OFFICE
Issuance of Issuance of Issuance of
EMANCIPA- EMANCIPA- EMANCIPA-
TION PATENT TION PATENT TION PATENT
recommended recommended recommended
Issuance of Issuance of Issuance of
EMANCIPA- EMANCIPA- EMANCIPA-
TION PATENT TION PATENT TION PATENT
not recommended not recommended not recommended
REASONS:------------------ REASONS: -------------------- REASONS: --------
TEAM LEADER: DISTRICT REGIONAL
OFFICER: DIRECTOR:
------------------ ------------------ ------------------
Signature Signature Signature
------------------ ------------------- ------------------
Print Name Print Name Print Name
ENCLOSURE 3
ADDRESS: 123
____________
DATE: ____________
The Honorable Secretary
Department of Agrarian Reform
Diliman, Quezon City
(Thru Channels)
Sir:
Pursuant to the Provisions of Presidential Decree Nos. 17 and 266 dated October 21, 1972 and August 4, 1973 respectively and other implementing rules and regulations promulgated thereunder, I have the honor to request for the issuance of the corresponding EMANCIPATION PATENT covering the parcel/parcels of rice/corn land already transferred in my name. In support hereof, I most respectfully state:
(a) That my full name is ________________________________, Filipino, Single/widow/widower/married to _________________________________ with residence at _______________________________________________________;
(b) That I am the holder of CERTIFICATE OF LAND TRANSFER NO. ______________________ issued in my name, covering LOT NO. ___________, portion of LOT NO. ______________________, PSU/PSD ___________, OCT/TCT NO. ___________; situated in the BARANGAY of ______________________, MUNICIPALITY of ______________________, PROVINCE of ______________________ bounded on the N., by Lot No. ___________ on the E., by Lot No. ___________ on the S., by Lot No. ___________ and on the W., by Lot No. ___________, all on PMS No. ______________________ containing an area of ______________________ ( _____________ ) square meters, more or less, APPROVED ON ______________________,
(c) That I have fully paid the annual amortizations to the Land Bank-and/or directly to the Landowner;
(d) That I am the present occupant and actual tiller of the said parcel/parcels described above;
(e) That I am a bona-fide and regular member of the existing Barangay Association (Samahang Nayon) with my MEMBERSHIP CARD NO. ____________________; and,
(f) That I have fully paid in addition to the purchase price or annual amortizations stated above other lawful charges covering the above-described parcel/parcels as evidenced by the certification to this effect by the previous landowner and/or by the Land Bank of the Philippines.
I trust that this request will merit your immediate attention and due consideration.
1st Indorsement
——————— 19 ——
Respectfully referred to the Regional Director the herein request for issuance of the EMANCIPATION PATENT, with the information that after proper investigation and verification of all the circumstances and the facts stated in said request, the same may given due course.
______________________
Tenant-tiller
ART NO. ___________
RECOMMENDING APPROVAL:
____________________________
Regional Director
Region No. ___________
APPROVED:
(SGD.) CONRADO F. ESTRELLA
Secretary
ENCLOSURE 4
____________________________
____________________________
C E R T I F I C A T I O N
TO WHOM IT MAY CONCERN:
This is to certify that _________________________________ is a bonafide tenant-farmer of Lot No. ___________ PMS. NO. ___________, containing an area of ______________________ (___________) SQUARE METERS, more or less, being a portion of Lot No. ___________ situated in the Barangay of ______________________ Municipality of ______________________ Province of ______________________ has tendered to me the corresponding amount in cash/or in kind as full payment of said parcel of land described above which is actually tilled by him. EcDSHT
This certification is issued-pursuant to the provision of Presidential Decree No. 27 dated October 21, 1972 and the rules and regulations promulgated thereunder for the issuance of the corresponding EMANCIPATION PATENT in favor of the above-named tenant-farmer under the provisions of Presidential Decree No. 266, dated August 4, 1973.
SIGNATURE OF LANDOWNER:
_________________________________
Signature
_________________________________
Signature
ENCLOSURE 5
___________ SAMAHANG NAYON
SN Registry NO. ___________
____________________ ______________________
(Municipality)(Province)
______________________
Date
C E R T I F I C A T I O N
TO WHOM IT MAY CONCERN:
This is to certify that M _______________________________________ whose signature appears below for identification purposes, is a full pledged member of the above-named SAMAHANG NAYON with Membership Card No. ____________________________________________
This certification is issued upon the request of the above-named party and shall be issued in connection with his/her application for the issuance of the EMANCIPATION PATENT covering the parcel of rice/corn land he/she is actually cultivating and which he/she has already fully paid.
SN PRESIDENT:
______________________
Signature
______________________
Print Name
______________________
Print Name
CONFIRMED;
MUNICIPAL DEVELOPMENT OFFICER: (DLGCD)
______________________
Signature
ENCLOSURE 6
Republika ng Pilipinas
KAGAWARANG REPORMANG PANSAKAHAN
AGRARIAN REFORM REGIONAL OFFICE
Region No. ___________
______________________
Date
C E R T I F I C A T I O N
TO WHOM IT MAY CONCERN:
This is to certify that as per our records the parcel of land covered by Certificate of Land Transfer No. ______________________ issued in the name of M _________________________________ is not subject of any tenant-farmer or by any third party, nor less a pending with any court.
This certification is issued upon the request of the above-named party in connection with the application for the issuance of the EMANCIPATION PATENT covering the land parcel over which a certificate of land transfer indicated above has been issued in favor of the said party.
DARFT/DARDO LEGAL OFFICER
AND/OR TRIAL ATTORNEY
OR DARFT LEADER:
______________________
Signature
______________________
Print Name
CONFIRMED: DAR REGIONAL LEGAL
OFFICER OR TRIAL ATTORNEY:
______________________
Signature
______________________
Print Name
ENCLOSURE 7
______________________
Date
C E R T I F I C A T I O N
This is to certify that M _________________________________, covering a parcel of land situated in the Barangay of _________________________________, _________________________________, Municipality of _________________________________, Province of ______________________ containing an area of ______________________ square meters has paid in full and/or is up-to-date in the payment of the realty taxes relative to the above-described parcel of land.
This certification is issued upon the request of the above-named party and shall be used in connection with his/her application for the issuance of the Emancipation Patent covering the above-described parcel of land he/she is actually cultivating and which he/she has already fully paid.
MUNICIPAL TREASURER:
______________________
Signature
______________________
Print Name
ENCLOSURE 8
CERTIFICATION SHOWING WHETHER TENANT-APPLICANT FOR EMANCIPATION PATENT HAS ACQUIRED FARM MACHINERIES FROM DAR
______________________
Date
TO WHOM IT MAY CONCERN:
This is to certify that M _________________________________ has/has not acquired farm machineries from the DAR.
This certification is issued upon the request of the above-named party and shall be used in connection with his/her application for the issuance of the EMANCIPATION PATENT covering the land parcel actually cultivated and planted to rice/corn land by him/her. SDHacT
TENANT-APPLICANT: DARFT LEADER:
______________________ ______________________
Signature Signature
______________________ ______________________
Print Name Print Name
ART NO. ______________