· ' 
FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Senate Bill No. 898 
"" 
1 0 
JUt. -8 A 9 :00 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The Comprehensive Agrarian Reform Law of 1988 states that it is the 
policy of the State to pursue a Comprehensive Agrarian Reform Program 
(CARP). The welfare of the landless farmers and farm workers will receive the 
highest consideration to promote social justice and to move the nation toward 
sound rural development and industrialization, and the establishment of owner 
cultivation of economic-size farms as the basis of Philippine agriculture. (Section 
2. Declaration of Principles and Policies). Despite these lofty aspirations, the 
implementation of the program has been saddled by the lack of support services 
to ensure productivity of farmer benefiCiaries, illegal conversion of lands, 
landowners' resistance, delay in the delivery of agrarian justice and so on. Even 
those farmers who have been issued Emancipation Patents (EPs) or Certificates 
of Land Ownership Awards (CLOAs) have not been spared their own share of 
difficulties. After prolonged engagements with the government and former 
landowners to obtain EPs and CLOAs, the farmers remain uncertain over their 
claim to the land they are tilling. 
This uncertainty is caused by the fact that the EPs and CLOAs are 
apparently viewed as not having the same characteristics as that of other land 
titles by landowners. In fact, past experiences have shown that these EPs and 
CLOAs can be cancelled anytime though existing laws grant EPs and CLOAs the 
same status as that of any other land titles. 
Presidential Decree No. 266 provides that "after the tenant-farmer shall 
have fully complied with the requirement of the grant of title under p.o. No. 27, 
an EP and/or grant shall be issued by the DAR on the basis of a duly approved 
survey plan." Full compliance, in this matter, includes completion of full payment 
of the awarded agricultural land. In addition, Section 106 states that "The 
Registry of Deeds (ROD) shall complete the entries on the aforementioned EP 
and shall assign an original certificate title (OCT) number in case of unregistered 
land, and in case of registered property, a corresponding transfer certificate title 
(TCT). 
Republic Act No. 6657, on the other hand, provides that the rights and 
responsibilities of the beneficiary shall commence from the time the Department 
of Agrarian Reform (DAR) makes an award of the land to him, such award shall 
be completed within one hundred eighty (180) days from the time the DAR takes 
actual possession of the land. Ownership of the beneficiary shall be evidenced 
by the CLOA, such shall contain the restrictions and conditions provided for in 
this Act and shall be recorded in the ROD and annotated on the Certificate of 
Title." (emphasis our) 


This proposed bill has six objectives. First, to reaffirm that EPs and 
CLOAs are land titles under Presidential Decree No. 1529; second, to provide for 
prescriptive periods for the filing of petitions for the cancellation of EPs and 
CLOAs; third, to provide for compensation to landowners whose lands were 
erroneously covered by land reform programs; fourth, to ensure that the farmer 
beneficiaries do not bear the consequences of the OARs errors in distributing 
lands that should have been exempted from coverage of our agrarian laws; fifth, 
to limit the effect of the Department of Justice Opinion No. 44, series of 1990 that 
excludes lands that have been reclassified or converted into non-agricultural 
uses from the coverage of agrarian reform laws even without the concurrence of 
the Department of Agrarian Reform. The DOJ Opinion, though not a law, has 
been continuously cited as a ground for cancellation of EPs and CLOAs. 
And finally, to prevent the cancellation of EPs and CLOAs through the 
enactment of law that further exempt lands from the coverage of agrarian reform 
laws. An example of this is the cancellation of EPs and CLOAs on the ground 
that the landowners were not paid just compensation. Truly farmer-beneficiaries 
should not be deprived of lands awarded to them if the government fails to fulfill 
its duties under the laws. 
The passage of this bill is therefore earnestly sought. 
Senator 


• 
FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
. 
SENATE 
Senate Bill No. 898 
r.;o/'c";!"IV"O f>.V : J-""~ 
I 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
ENSURING 
SECURITY 
OF 
TENURE 
FOR 
AGRARIAN 
REFORM 
BENEFICIARIES OVER LANDS AWARDED TO THEM 
UNDER THE 
COMPREHENSIVE 
AGRARIAN 
REFORM 
PROGRAM, 
PROVIDING 
GUIDELINES FOR THE CANCELLATION OF EMANCIPATION PATENTS AND 
CERTIFICATES OF 
LAND OWNERSHIP AWARDS, 
PENALTIES FOR 
VIOLATIONS THEREOF, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Declaration of Policy. - It is the policy of the State to 
promote social justice and to establish owner cultivatorship of economic-size 
farms as the basis of Philippine agriculture. Towards this end, agricultural lands 
shall be distributed to qualified farmer beneficiaries. Their ownership shall be 
evidenced by Emancipation Patents (EPs) and Certificates of Land Ownership 
Awards (CLOAs). 
SEC. 2. Interpretation of this Act. - All doubts pertaining to the 
interpretation of this Act shall be resolved in favor of the farmer-beneficiaries to 
promote social justice. 
SEC. 3. Indefeasibility of Emancipation Patents and Certificates of 
Land Ownership Awards - Emancipation Patents (EPs) or Certificates of Land 
Ownership Awards (CLOAs) are titles under the operation of the Torrens System 
as provided under Presidential Decree No. 1529. As such, EPs and CLOAs shall 
enjoy the same security and protection afforded to all titles registered under the 
Torrens System of registration. 
For this purpose, farmer beneficiaries who receive EPs or CLOAs 
pursuant to the Comprehensive Agrarian Reform Program (CARP) are hereby 
deemed innocent purchasers for value and are entitled to the rights and 
protection as such persons under existing laws shall commence on the date of 
registration of the EP or the CLOA. The rights of the farmer-beneficiaries and the 
protection of these rights 
SEC. 4. Coverage. -This Act shall cover all actions for the cancellation of 
EPs or CLOAs issued to agrarian reform beneficiaries under Presidential Decree 
No. 27 and Republic Act No. 6657. The petition for cancellation may be filed on 
the ground that said lands are excluded or exempted from distribution under 
agrarian laws or that they are found to be part of the landowners' retained areas. 


• 
SEC. 5. Who may file action and when. - Only the former owner of the 
property may file an action for the cancellation of an EP or a CLOA within the 
period of one (I) year from the date of registration of the EP or CLOA. 
SEC. 6. Where to file action. - The Provincial Agrarian Reform 
Adjudication Office of the Department of Agrarian Reform Adjudication Board 
where the land is located shall have exclusive jurisdiction over petitions for CLOA 
or EP cancellation. 
SEC. 7. Prescriptive Periods. - The following rules shall be observed in 
the filing of petitions for the cancellation of EPs or CLOAs: a) No petition for 
cancellation of an EP or CLOA shall be entertained if the same is filed later than 
one (1) year after the date of registration or the EP or CLOA; Provided, that 
petitions for the cancellation of Ep's or CLOAs for grounds other than the grounds 
provided in Section 4 thereof shall be pursued under the provisions of 
Presidential Decree No. 1529, other agrarian laws, and other administrative 
issuances: b) If the EP or CLOA was issued while there is a pending case for the 
exclusion or exemption of the subject land, the prescriptive period shall be 
reckoned from the date of the final decision of the said case. 
SEC. 8. Other Prohibitions. - (1) The reclassification of agricultural lands 
to non-agricultural uses by government agencies without the concurrence of the 
Secretary of the Department of Agrarian Reform prior to June 15, 1988, will not 
exempt or exclude said properties from the coverage of the comprehensive 
agrarian reform program, and the same shall not constitute a valid ground for the 
cancellation of an EP or CLOA; (1) Any amendment to agrarian reform laws 
issued subsequent to the distribution of an EP or CLOA shall nor be a ground for 
its cancellation; (3) The issue of just compensation shall be decided by agrarian 
reform courts but shall not be a ground for the cancellation of an EP or CLOA. 
SEC. 9. Effect of Cancellation. - If pursuant to the provisions of this Act, 
an EP or a CLOA is subsequently cancelled; all amortizations paid by the farmer 
beneficiaries shall be reimbursed to said beneficiaries. Provided, however, that 
said farmer beneficiaries shall also be entitled to all rights and benefits accruing 
to purchasers in good faith under the New Civil Code, the Property Registration 
Decree, and other applicable laws. 
SEC. 10. Recovery of Damages. - In case recovery of the property is 
barred, the owner may recover damages pursuant to sections 99 to 107 of 
Presidential Decree No. 1529. 
SEC. 11. Duty of the DAR. - In case an EP or CLOA is cancelled 
pursuant to the provisions of this Act, the DAR shall inform the affected farmer of 
the decision and discuss alternative arrangements to be pursued, including 
relocation to another site or assistance in negotiating with concerned agencies 
for direct acquisition in buying the land, if the farmer expresses interest therein. 
Provided, however, that in any case, the DAR shall ensure that the affected 
beneficiaries are provided with available lands and for the safe relocation of the 
farmer to such new land. 
SEC. 12. Appeals. - Appeals shall be governed by the Department of 
Agrarian Reform Adjudication Board Implementing Rules and Regulations and 
Batas Pambansa Big., 129, as the case may be. 
SEC. 13. Penal Provisions. - Any person who causes the cancellation of 
EPs or CLOAs in violation of the provisions of this Act shall be punished by 
imprisonment from six (6) years and one (1) day to twelve (12) years or a fine not 


to exceed one hundred thousand pesos (P100,000.00), for every violation 
thereof, or both such imprisonment and fine at the discretion of the Court. 
SEC. 14. Implementing Rules and Regulations. - The Department of 
Agrarian Reform shall issue the necessary rules and regulations to implement 
the provisions of this Act. 
SEC. 15. Repealing Clause. - The Department of Agrarian Reform 
Administrative Order Nos. 02, series of 1994 and 03, series of 1996 and 
Department of Justice Opinion No. 44, series of 1990 and all other laws and 
implementing rules and regulations inconsistent herewith, are hereby repealed or 
modified accordingly. 
SEC. 16. Separability Clause. - If any part of this Act is declared illegal or 
unconstitutional by a competent' court, the same shall not affect the other 
provisions of this Act. 
SEC. 17. Effectivity. - This Act shall take effect fifteen (15) days after its 
complete publication in at least two (2) newspapers of general circulation. 
Approved,