April 8, 1998
DAR OPINION NO. 43-98
GONZALO S. MISA
President
Pinugay Development Association Inc.
Pinugay, Baras, Rizal
Dear Mr. Misa:
This has reference to your letter dated 16 March 1998 seeking opinion on the following queries, to wit:
(a) Can the annotations an the Emancipation Patents (EPs) be changed to reflect the true and lawful owner thereof? and
(b) Does Mr. Tan Yu have the legal right to convert the titles from Emancipation Patents to Certificates of Land Ownership Award (CLOAs)?
As culled from your letter, the subject Emancipation Patents bear the name of one Mr. Tan Yu, as the lawful owner of several corporations, namely: Philippine American Manufacturing, New Development Corporation of Asia, AIC, Alexander Development, New Homes Development and Yupangco Cotton Mills. It is your belief, however, that Manila Banking Corporation should be the owner of the corporations and not Mr. Tan Yu, the reason being that they were either foreclosed, mortgaged or sold in favor of Manila Banking, Corporation between the years 1970 and 1990, thus, ownership is now parted with to favor of said bank.
Anent your first query, annotations in the Emancipation Patents cannot peremptorily be changed by mere rendition of opinion. DAR Administrative Order No. 02, Series of 1994 and Memorandum Circular No. 19, Series of 1996 (copy attached) laid down the grounds for the cancellation of EPs/CLOAs issued to Agrarian Reform Beneficiaries (ARBs). Apart from the alleged existence of any of the aforesaid grounds, there must of course be proof/s that the recipients or beneficiaries of the titles are guilty of the acts mentioned therein which would warrant their disqualification, since mere allegations are not deemed as evidence under the law.
Anent your second query, the issuance of EPs/CLOAs pertains to the Department of Agrarian Reform, being the agency tasked to implement the agrarian reform program of the government. The issuance of said titles creates a presumption which yields only to clear and cogent evidence that the awardee is the qualified and lawful owner thereof. The burden of proving the ineligibility or disqualification of the awardee is on him who avers it through clear and satisfactory proof. Corollarily, pursuant to Joint DAR-LRA Memorandum Circular No. 20, Series of 1997 in relation with Joint DAR-LRA Memo Circular No. 9, Series of 1996, the DAR shall ensure that all CARP transactions for registration with the Registries of Deeds shall be supported with documents required under the Joint DAR-LRA Operations Manual on Land, Titling, Registration and Distribution under R.A. No. 6657. Such being the case, the authority to convert the EPs into CLOAs if warranted, pursuant to existing agrarian laws, rules and regulations, is likewise lodged with the DAR and not with any other person, agency or corporation.
We hope to have clarified the matter with you.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy Planning
Copy furnished:
Mr. Eugenio B. Bernardo
Regional Director
Department of Agrarian Reform
Region IV, Capitol Compound
Pasig City
The Provincial Agrarian Reform Officer
DAR-Provincial Office
Bagumbayan, Teresa, Rizal
The Municipal Agrarian Reform Officer
DAR-Municipal Office
Baras, Rizal