March 11, 1997
DAR OPINION NO. 22-97
Mr. Dominador B. Andres
OIC-Regional Director
DAR Region III
Dolores, San Fernando
Pampanga
Dear Dir. Andres:
This has reference to your letter seeking opinion on the queries posed therein, to wit:
a) Whether or not the DAR Regional Office can issue Emancipation Patents in favor of the farmer-beneficiaries even without an Entry of Judgment or Certificate of Finality from the Court of Appeals; and
b) Whether or not a landholding covered by Emancipation Patent can be transferred to a corporation pursuant to DAR Administrative Order No. 6, Series of 1996.
As gleaned from your letter together with the enclosures therein attached, the subject two (2) parcels of land are situated at Malhacan, Meycauayan, Bulacan and registered in the name of Amos Francia, Jr., that the said parcels of land are being tenanted by herein defendants, Laureano Hermoso and Miguel Banag under the Operation Land Transfer (OLT); that on 14 December 1993, the Department of Agrarian Reform Adjudication Board (DARAB) in Region III rendered a decision in DARAB Case Nos. 424-45, declaring said defendants as lawful tenants of the subject landholding; that on 3 June 1996, the DARAB Central likewise affirmed the decision of DARAB Region III whose decision was eventually affirmed by the 13th Division of the Court of Appeals on October 9, 1996; and that despite the affirmation of said decision by the Court of Appeals, the issuance of Emancipation Patents is still held in abeyance because there is no Entry of Judgment yet and Certificate of Finality from the Court of Appeals.
Anent your first query, the issuance of Emancipation Patents (EPs) by the Department of Agrarian Reform (DAR) cannot be stayed simply because there is no Entry of Judgment yet or Certificate of Finality issued by the Court of Appeals. Section 1, Rule XIV (Judicial Review) of the Revised New Rules of Procedure of the Department of Agrarian Reform Adjudication Board (DARAB) pertinently provides that "notwithstanding an appeal to the Court of Appeals, the decisions of the Board appealed from shall be immediately executory pursuant to Section 50, Republic Act No. 6657. Undoubtedly, said procedure is intended to provide an expeditious means of protecting actual possession or right to possession of tenants. To require Entry of Judgment and Certificate of Finality as conditions sine qua non before the DAR can issue EPs is to defeat the very purpose of the law requiring immediate execution. Simply stated, to follow and adopt said requirement or procedure would mean that the plight of the farmer-beneficiaries will always be at the whims of defiant landowners who in order to put the execution aspect to naught will always resort to frivolous or dilatory appeals.
Anent your second query, the answer is in the negative. Under DAR Administrative Order No. 8, Series of 1995 as supplemented by DAR Administrative Order No. 6, Series of 1996, it expressly allows the transfer of awarded lands but the same is not absolute. Section 6 of Executive Order No. 228 provides that ownership of lands acquired by farmer-beneficiaries may be transferred only after full payment of amortizations. Moreover, the aforesaid implementing rules and regulations likewise provide that transfer of awarded lands under P.D. No. 27, as amended by E.O. No. 228 and R.A. No. 6657 maybe allowed, provided the following shall be observed:
a) that the productivity of the land shall be maintained;
b) that the buyer will not exceed the aggregate landowner ceiling provided by law; and
c) that the ownership ceiling of five (5) hectares shall be imposed.
The foregoing guidelines allowing the transfer of awarded lands notwithstanding, it is believed that a juridical person like a corporation cannot be a transferee of a landholding covered by Emancipation Patent for it cannot perform the activity of personal cultivation as required under the law. Presidential Decree No. 27 expressly provides that "Title to land acquired pursuant to this Decree or the Land Reform Program of the Government shall not be transferable except lay hereditary succession or to the Government in accordance with the provisions of this Decree, the Code of Agrarian Reforms and other existing laws and regulations".
Finally, as an added safeguard against illegal land use conversion, DAR A.O. No. 6, Series of 1996 reinforces the rule provided for under Administrative Order No. 20, Series of 1992 of the Office of the President that irrigated or irrigable lands shall be non-negotiable for conversion.
We hope to have clarified the matters with you.
Very truly yours,
(SGD.) ARTEMIO A. ADASA, JR.
Undersecretary for Legal Affairs, and Policy and Planning
Copy furnished:
Atty. Vicente Aselo S. Sicat
Chief, Legal Division
DAR Region III
San Fernando, Pampanga
Mr. Antonio A. Ancheta
Brgy. Bungahan, Malolos
Bulacan