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beneficiary can agree on the direct sale terms and conditions which is not
onerous to the tenant-beneficiary. The value if the land shall equivalent to
two and one half (2 ) times the average harvest of three normal crop years
immediately preceding the promulgation of this degree.
Please read excerpt if you want to revise statement:
DIRECT PAYMENT SCHEME (DPS). The landowner and the tenantbeneficiary can AGREE on the DIRECT SALE terms and conditions which is not
onerous to the tenant-beneficiary.
The value if the land shall equivalent to two and one half (2-1/2) times the
AVERAGE HARVEST OF THREE NORMAL CROP YEARS IMMEDIATELY
PRECEDING THE PROMULGATION OF THIS DEGREE.
Q.18.- What will be the effect of the declaration that emancipation patent
awarded to tenant-beneficiaries creates a vested right of absolute
ownership in the landholding?
The effect of the declaration will be that the lessee will be the
absolute owner of the land and will no longer be a tenants or lessees
under the agrarian law. They will be considered as the owners of the
subject landholding where prescription under Section 38 of RA 3844
finds no application. The above declaration should be supported by all
necessary requisites compliance to give effect of ownership.
To elaborate you may read below quote from a case decided by the supreme court:
As to petitioners claim that respondents (complainants) cause of action
had prescribed, let it be stressed that since respondents (complainants) have been
issued Emancipation Patent No. A-042463 and TCT No. ET-5184 as early as
December 18, 1987, they can no longer be considered tenants or lessees, but
owners of the subject landholding. Obviously, Section 38 of R.A. No. 3844 on
prescription finds no application to their case.1
As a final note, it is useful to reiterate the appellate courts conclusion that the registration of
Abads emancipation patents with the Register of Deeds in accordance with law had indeed put
petitioner on notice of the fact that Abad had already acquired a vested right of ownership of the
landholding under the agrarian reform law. This notwithstanding, inasmuch as registration is
nothing more than a mere species of notice, we need not further expound on this subject, since it
is overwhelmingly shown by the records and by petitioners own admissions that she had actual
knowledge of the fact that Abad became the absolute owner of the land in question merely upon
the issuance in his favor of EP Nos. A-216347 and A-216348. Hence, he and his heirs may no
longer be dispossessed of their rights of possession and ownership.
Another excerpt:
The TITLE to the land owned by the tenant shall not be transferable
except
BY HEREDITARY SUCCESSION
or
TO
THE
GOVERNMENT in accordance with this Decree, the Code of
Agrarian Reform and other existing laws and regulation.