DAR ADMINISTRATIVE ORDER NO.

06-11 SUBJECT : The 2011 Revised Rules and Procedures Governing the Cancellation of Registered Emancipation Patents (EPs), Certificates of Landownership Award (CLOAs), and Other Titles Issued Under any Agrarian Reform Program Petition for Cancellation is a verified pleading alleging the grounds relied upon by the petitioner in seeking the cancellation of the subject EPs, CLOAs, or other titles issued under any agrarian reform program, which shall be duly supported by original or certified true or photocopies of relevant documents together with affidavits of witnesses, and accordingly pre-marked as Exhibits "A", "B", "C", and so forth. The petition must include as party-respondents the concerned holders or successors-in-interest of EPs, CLOAs, or other titles issued under any agrarian reform program. In cases for cancellation, the Register of Deeds (ROD) of the place where the land covered by EPs, CLOAs, or titles sought to be cancelled is situated must be impleaded as party-respondent. The verified Petition shall be filed with the Office of the PARAD who has jurisdiction over the place where the land covered by the EPs, CLOAs, or other titles sought to be cancelled is located. The Disclosure Statement stated in Section 8 of this A.O. must be attached to the verified Petition. The documentary and evidentiary requirements mandated by the appropriate A.O.s governing the ALI component of the cancellation case must also be attached to the verified Petition. The party initiating the cancellation case must understand that the different grounds stated in Section 4 of this A.O. have documentary and evidentiary requirements that are provided by the other A.O.s governing the ALI component thereof. Failure, therefore, to attach such documentary and evidentiary requirements as mandated by the appropriate A.O.s may result in the dismissal of the case for failure of the petitioner to show proof of his/her/its cause of action. At least five (5) copies of the petition must be prepared and filed with the PARAD. If there is more than one (1) respondent, more copies should be prepared and filed by the petitioner in order to provide all of them with a copy. SECTION 4. Grounds. The following are the grounds for the cancellation of EPs, CLOAs, and other titles issued under any agrarian reform program: 1. The landholding involves the retention area of the landowner provided that the retention right was exercised by the latter within the period allowed by the applicable laws or rules from the receipt of the Notice of Coverage; 5. Erroneously-issued titles as a result of: (a) erroneous technical description of the covered landholding; or 8. Material misrepresentation of the ARB's basic qualifications as provided under Section 22 of R.A. No. 6657, as amended, P.D. No. 27, and other agrarian laws; 9. Premature conversion by the ARB pursuant to Section 73 (F) of R.A. No. 6657, as amended and Section 11 of R.A. No. 8435; 11. Deliberate and absolute non-payment of three (3) consecutive amortizations in case of voluntary land transfer/direct payment scheme, provided that the ARB has been installed and is in actual possession of the land, and provided further that the last proviso will not apply if the non-possession of the ARB is attributable to his or her own fault; 12. Deliberate and absolute failure of the ARB to pay at least three (3) annual amortizations to the Land Bank of the Philippines (LBP), provided an amortization table has been issued to the ARB, and provided further that the amortizations shall start one (1) year from the ARB's actual occupancy pursuant to Section 26 of R.A. No. 6657, as amended; 13. Neglect or abandonment of the awarded land as defined by Section 3(n); or 14. Acts analogous to the foregoing. EPs, CLOAs, and other titles issued under any agrarian reform program shall be indefeasible and imprescriptible after one (1) year from its registration with the Office of the Register of Deeds (ROD). Accordingly, the DAR Secretary shall not entertain any action for the cancellation of EPs, CLOAs, and titles after the lapse of the said one (1) year period, except for cases involving Sections 4.4 to 4.14 of these Rules. SECTION 8. Disclosure Statement. The petitioner shall disclose and certify under oath, in the petition or its integral annex, that: (a) He is a party-in-interest or properly authorized by a party-in-interest; (b) He has not commenced and/or is aware of any other action or proceeding involving the same land, or a portion thereof, or issue in any court, tribunal, or quasi-judicial agency; and to the best of his knowledge, no such action or proceeding is pending in any court, tribunal, or quasi-judicial agency; (c) If there is any action or proceeding which is either pending or may have been terminated, he shall state the status thereof; and (d) If he thereafter learns that a similar action or proceeding has been filed or is pending before any court, tribunal, or quasi-judicial agency, he undertakes to report that fact within five (5) days therefrom to the DAR Office where the case for cancellation is pending. THaAEC The failure to file the required disclosure statement, and/or the commission of acts constituting forum shopping, shall be a ground for dismissal of the cancellation case without prejudice. SECTION 9. Who May File a Petition for Cancellation. The verified petition for cancellation may be filed by any party in interest with respect to the title of the land, such as, but not limited to, the following: (a) The person granted or applying for retention; (c) Qualified farmer-beneficiaries who have been determined as legally entitled to the generated and issued CLOA, or persons applying for inclusion as a farmer-beneficiary; (d) Re-allocatees of the awarded land pursuant to P.D. No. 27, or persons applying for re-allocation under the same law; (e) Actual tillers or occupants of the subject land; or Filing Fee. (Php3,000.00) VERIFICATION AND DISCLOSURE STATEMENT I, _______________, of legal age, Filipino, single, and with residence at _________________________ after having been sworn to in accordance to laws, hereby depose and say that: aIcSED 1. I am the Petitioner in the case at bar and have caused the preparation of the Petition; 2. I have read the pleading and confirm that the allegations therein are true and correct as of my personal knowledge or based on authentic records; and

3. I further certify that I have not commenced and/or am not aware of any other action or proceeding involving the same land, or a portion thereof, or issue in any court, tribunal, or quasi-judicial agency; and to the best of my knowledge, no such action or proceeding is pending in any court, tribunal, or quasi-judicial agency, and if I should thereafter learn that the same or similar action or claim has been filed or is pending, I shall report that fact within five (5) days therefrom to the DAR Office where this aforesaid Petition for Cancellation has been filed. Petitioner Possible grounds for cancellation of CLOA/EP correction oftechnical description of EPs) or CLOAs default in the obligation of payment erroneous coverage reallocation retention area PD 1529 PROPERTY REGISTRATION DECREE SECTION 105. Certificates of Land Transfer Emancipation Patents. The Department of Agrarian reform shall pursuant to P.D. No. 27 issue in duplicate, a Certificate of Land Transfer for every land brought under "Operation Land Transfer", the original of which shall be kept by the tenant-farmer and the duplicate, in the Registry of Deeds. After the tenant-farmer shall have fully complied with the requirements for a grant of title under P.D. No. 27, an Emancipation Patent which may cover previously titled or untitled property shall be issued by the Department of Agrarian Reform. The Register of Deeds shall complete the entries on the aforementioned Emancipation Patent and shall assign an original certificate of title number in case of unregistered land, and in case of registered property, shall issue the corresponding transfer certificate of title without requiring the surrender of the owner's duplicate of the title to be cancelled. In case of death of the grantee, the Department of Agrarian Reform shall determine his heirs or successors-in-interest and shall notify the Register of Deeds accordingly. In case of subsequent transfer of property covered by an Emancipation Patent or a Certificate of Title emanating from an Emancipation Patent, the Register of Deeds shall affect the transfer only upon receipt of the supporting papers from the Department of Agrarian Reform. No fee, premium, of tax of any kind shall be charged or imposed in connection with the issuance of an original Emancipation Patent and for the registration or related documents.

May 3, 1976 MEMORANDUM TO : All Regional Directors, District Officers, Team Leaders, Trial Attorneys, Legal Officers and Field Personnel FROM : The Secretary Department of Agrarian Reform Diliman; Quezon City SUBJECT : Policy Guidelines in the Distribution of Certificates of Land Transfer and Other Matters Two Sets of Farmers Claiming Tenancy Status Over the Same Farmlot: CLTs generated should be withheld but the DAR should determine the rightful tenant and immediately distribute or move for the cancellation of the old CLT and generation of a new one in favor of farmer who was found to be the bona fide tenan

When a CLT is issued in favor of a farmer-beneficiary the said beneficiary became the owner of only an inchoate right over the subject landholding thus, can still be cancelled administratively for justifiable reason.

[G.R. No. 95838. August 7, 1992.] MARCELINO LAURETO, petitioner, vs. THE HON. COURT OF APPEALS, ELIAS RARO and SELVINA R. REYES , respondent. The cancellation of the petitioner's CLTs for non-payment was proper under Section 2 of PD 816. it is of record that appellant did not adduce evidence that he made any remittance to the Land Bank of the Philippines." The petitioner's third argument that the court had no jurisdiction over the complaint for forfeiture of petitioner's certificate of land transfer as it falls within the exclusive jurisdiction of the Secretary of Agrarian Reform under Section 12 (b) No. 5 of P.D. 946 is not well-taken. The jurisdiction of the DAR Secretary extends only to the "issuance, recall or cancellation of certificates of land transfer outside the purview of Presidential Decree No. 816."(Sec. 12[b] 5, P.D. No. 946.) This case was brought under P.D. No. 816 because it is based on non-payment of the lease rentals for more than two (2) years (Sec. 2, P.D. 816). An action for violation of Section 2 of P.D. 816 falls within the original and exclusive jurisdiction of the Court of Agrarian Relations (Sec. 5, P.D. 816), now the Regional Trial Courts (Sec. 19, par. 7, B.P. 129).

HON. ANTONIO M. NUESA and RESTITUTO RIVERA vs.CA March 6, 2002 G.R. No. 132048 AUTHORITY OF DAR SECRETARY P.D. 946 provides that matters involving the administrative implementation of the transfer of the land to the tenant-farmer under P.D. No. 27 and amendatory and related decrees, orders, instructions, rules and regulations, shall be exclusively cognizable by the Secretary of Agrarian Reform, including: . . . (5) issuance, recall or cancellation of certificates of land transfer in cases outside the purview of P.D. No. 816.

PAGTALUNAN vs. TAMAYO March 19, 1990 G.R. No. 54281 CERTIFICATE OF LAND TRANSFER It must be stressed, however, that the mere issuance of the certificate of land transfer does not vest in the farmer/grantee ownership of the land described therein. At most, the certificate merely evidences the government's recognition of the grantee as the party qualified to avail of the statutory mechanisms for the acquisition of ownership of the land titled by him as provided under Presidential Decree No. 27. Neither is this recognition permanent nor irrevocable. Thus, failure on the part of the farmer/grantee to comply with his obligation to pay his lease rentals or amortization payments when they fall due for a period of two (2) years to the landowner or agricultural lessor is a ground for forfeiture of his certificate of land transfer (Section 2, P.D. No. 816). It is only after compliance with the above conditions which entitle a farmer/grantee to an emancipation patent that he acquires the vested right of absolute ownership in the landholding a right which has become fixed and established, and is no longer open to doubt or controversy [See definition of "vested right" or "vested interest" in Balbao v. Farrales, 51 Phil. 498 (1928); Republic of the Philippines v. de Porkan, G.R. No. 66866, June 18, 1987, 151 SCRA 88]. At best, the farmer/grantee, prior to compliance with these conditions, merely possesses a contingent or expectant right of ownership over the landholding. Under Pres. Decree No. 266 which specifies the procedure for the registration of title to lands acquired under Pres. Decree No. 27, full compliance by the grantee with the abovementioned undertakings is required for a grant of title under the Tenant Emancipation Decree and the subsequent issuance of an emancipation patent in favor of the farmer/grantee [Section 2, Pres. Decree No. 226]. It is the emancipation patent which constitutes conclusive authority for the issuance of an Original Certificate of Transfer, or a Transfer Certificate of Title, in the name of the grantee. A certificate of land transfer issued pursuant to Pres. Decree No. 27 provides: xxx xxx xxx

I, Ferdinand E. Marcos, President of the Philippines, declare that ________________ having manifested his desire to own the land under his cultivation and having complied with the implementing rules and regulations of the Department of Agrarian Reform, is hereby deemed to be the owner of the agricultural land described as follows: xxx xxx xxx

subject to the conditions that the cost of the portion herein transferred to the tenant farmer as fixed by the authorities concerned, including the interest rate at the rate of six percentum (6%) per annum shall be paid by the tenant farmer in fifteen (15) equal annual amortization, that the tenant farmer must be a member of a Barrio Association upon organization of such association in his locality, and that the title to the land herein shall not be transferred except by hereditary succession or to the Government in accordance with the provisions of Presidential Decree Number 27, the Code of Agrarian Reform and other existing laws and regulations. xxx xxx xxx