March 10, 1997
DAR OPINION NO. 20-97
Mr. Fernando C . Sobrepeña
Nalin, Midsayap
Cotabato
Dear Mr. Sobrepeña:
This has reference to your telegram seeking for legal opinion on whether the transfer of awarded lands from farmer-beneficiaries to third persons shall be evidenced either by Emancipation Patent (EP) or regular title pursuant to DAR Administrative Order No. 08, Series of 1995.
Please be informed that the original transfer of awarded lands from the government through the Department of Agrarian Reform (DAR) shall be evidenced by Emancipation Patent. The above conclusion is clear from Policy Statement (No. 4) of DAR Administrative Order No. 08, Series of 1995 which expressly provides that: If awardee was identified as tenant as of 21 October 1972 and amortizations were fully paid, transfer of awarded lands by the original tenant or his heirs may be allowed, regardless of date of issuance of Emancipation Patent (EP) (P.D. No. 27, as amended by E.O. No. 228).
By contrast, the subsequent transfer of awarded lands from farmer beneficiaries to third persons shall be evidenced by Transfer Certificate of Title (TCT) and no longer that of Emancipation Patent. Specifically, the Policy Statement (No. 7) of DAR Administrative Order No. 08, Series of 1995 expressly provides that Transfer Certificate of Title (TCT) shall by issued by the Land Registration Authority (LRA) for lands transferred by an awardee to a transferee (P. D. NO. 27, as amended by E.O. No. 228). However, this presupposes that the transfer from original awardee to third person was made with the prior written consent of the Department of Agrarian Reform (DAR). Absent of such consent taints the transfer with invalidity. Thus, the subsequent transfer of the awarded land by Aquilino Tejero to Fernando Sobrepeña shall be evidenced by Transfer Certificate of Title (TCT) and no longer by Emancipation Patent (EP).
We hope to have clarified the matter with you.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
Atty. Ricardo F. Arandilla
Deputy Administrator
Land Registration Authority
Diliman, Quezon City
Atty. Amelia L. Casabar
Register of Deeds
Province of Cotabato
Amas, Kidapawan, Cotabato