November 8, 2000
DAR OPINION NO. 36-00
Mr. Felicisimo T . Espada
194 M.H. Del Pilar St.
Tacloban City
Dear Mr. Espada:
This has reference to your letter of 16 September 1999 seeking for an official stand from this Department regarding the refusal of the Register of Deeds of your province to register a free patent with an area of 60,653 square meters issued by Regional Office No. 8 of the DENR.
You stated that you applied with the DENR Regional Office No. 8 for a free patent with a land area of 60,653 sq.m.; that after completing all the requirements, its OIC Regional Executive Officer issued a title, which was later refused registration by Atty. Dingcong of the Register of Deeds, for the reason that the registration of free patent for more than five (5) hectares is not within the scope of his jurisdiction; that you raised the matter to Deputy Administrator Ricardo Arandilla of the Land Registration Authority (LRA) who later endorsed the matter to our Office; and that you received an answer from our Office implying the ministerial character of the function of the Register of Deeds to register free patent title.
Please be clarified that the opinion, contained in the letter dated 15 November 1998 of Atty. Ibra D. Omar, Al Haj, OIC-Chief, Litigation Division, this Department, that it is ministerial for the Register of Deeds to register free patent title expresses the law on the matter. However, if the property, subject hereof, together with other agricultural lands owned by the patentee, will exceed the 5-hectares ceiling, the excess has to be covered under the Comprehensive Agrarian Reform Program (CARP) for redistribution to qualified beneficiaries.
Thank you for communicating with us and please be guided accordingly.
Very truly yours,
(SGD.) FEDERICO A. POBLETE
Undersecretary for Legal Affairs, and Policy and Planning