THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator 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 farmworkers 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) 
I 
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 
and even some of the farmers and judges. 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 title. 
Presidential Decree No. 266 provides that “after the tenant-farmer shall have fully 
complied with the requirement of the grant of title under P.D. 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 on original 
cerfificafe 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 ActJ 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 DARs 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. 
DA 
[ J Senator 


- 
. . '' '-! 
il - 
- i , f  
~ 
Jh*.. 
.' 
~ 
i 
t ? '  
THIRTEENTH CONGRESS OF THE 
) 
, , * . - ,  
, 
. . , . .  
" - : 6  
i , . i  
, ' '.;-I ' 
2Y.j 
, ;l~.: 
I,. '. 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator JINGGOY EJERCITO ESTRADA 
AN ACT 
ENSURING SECURITY OF TENURE FOR AGRARIAN REFORM BENEFICIARIES 
QWER LANDS AWARDED TO THEM UNDER THE COMPREHENSIVE AGFaARlAN 
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 assem bled: 
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). 
SECTION 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. 
SECTION 3. lndefeasiblity 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 reg i strati on . 
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. 
The rights of the farmer-beneficiaries and the protection of these rights shall 
commence on the date of reaistration of the EP or tt?e CLOA. 


SECTION 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. 
SECTION 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. 
SECTION 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. 
SECTION 7. Prescriptive Periods. - The following rules shall be observed in 
the filing of petitions for the cancellation of EPs or CLOAs: 
No petition for cancellation of an EP or CLOA shall be entertained if the 
same is filed later than one (I) 
year after the date of registration or the EP 
or CLOA; Provided, that petitions for the cancellation of EPs 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; 
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. 
SECTION 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. 
SECTION 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. 
SECTION I O .  Recovery of Damages. - In case recovery of the property is 
barred, the owner may recover damages pursuant to sections 99 to I07 of Presidential 
Decree No. A529. 
SECTION I 
I. Duty of the DAR. - In case of 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 
shall provide for the safe relocation of the farmer to such new land. 
SECTION 12. Appeals. - Appeals shall be governed by the Department of 
Agrarian Reform Adjudication Board Implementing Rules and Regulations and Batas 
Pambansa Blg., 129, as the case may be. 
SECTION 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 (I) 
day to twelve (12) years or a fine not to 
exceed one hundred thousand pesos (PI OO,OOO.OO), for every violation thereof, or both 
such imprisonment and fine at the discretion of the Court. 
SECTION 14. Implementing Rules and Regulations. - The Department of 
Agrarian Reform shall issue the necessary rules and regulations to implement the 
provisions of this Act. 
SECTION 15. 
Repealing Clause. - The Department of Agrarian Reform 
Administrative Order Nos. 02, series of 1994 and 03, series of 1996 and all other laws 


and implementing rules and regulations inconsistent herewith, are hereby repealed or 
modified accordingly. 
SECTION 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. 
SECTION 17. Effectivity. - This Act shall take effect fifteen (15) days after its 
complete publication in at least two (2) newspapers of general circulation. 
Approved,