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Sec 104: Provisional Register of Documents: Department of Agrarian Reform shall prepare a specialregistry book known as Provisional Register of Documents issued under PD 27 by automate date

processing. It shall be kept and maintained in every registry of Deeds throughout the country. It shall bea register of:

a. A ll Certificates of Land Transfer (CLT) issued pursuant to PD No. 27; andb. A ll subsequent transactions affecting Certicficates of Land Transfer such as adjustments,

transfer, duplication and cancellations of erroneous Certificates of Land Transfer.

Sec. 105. Certificates of Land Transfer, Emancipation Patents . The Depratment of Agrarian Reform shall pursuant to PD 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.

A fter the tenant- farmer shall have fully complied with the requirements for a grant of titleunder PD 27, an Emancipation Patent which may cover previously titled or untitled property shall beissued by the Department of A grarian Reform.

The Register of Deeds shall (1) complete the entries on the aforementioned Emancipation

Patent and (2) shall assign an original certificate of title number in case of unregistered land , and in caseof registered property , shall issue the corresponding transfer certificate of title without requiring thesurrender of the owner s duplicate of the title to be cancelled.

In case of Death of the grantee , the Department of A grarian 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 Tilte emanating from an Emancipation Patent, the Register of Deeds shall effect the transfer only upon

receipt of the supporting papers from the Department of A grarian Reform.

No fee, premium, of tax of any kind shall be charged or imposed in connection with theissuance of an original Emancipation Patent and for the registration of related documents.

NOTES:

1. Carp constitutional basis : A rt XIII 1987 Constitution:

Sec. 4. The State shall, by law, undertake an agrarian reform program founded on the right of farmers

and regular farmworkers, who are landless, to own directly or collectively the lands they till or in thecase of other farmworkers, to receive a just share of the fruits therof. The State shall encourage andundertake the just distribution of all agricultural lands, subject to such priorities and reasonableretention limits as the Congreess may prescribe, taking into account ecological, developmental or equity

considerations and subject to the payment of just compensation.

2. RA 6657 Otherwise known as Comprehensive A grarian Reform Law of 1988 (June 10, 1988).Itamended Pres. proc 131, otherwise known as Comprehensive A grarian Reform Program. PP131>EO 228>PD 27> R A no 3844 other wise known as A gricultural Land Reform Code.

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Revolutionary kind of expropriation. The expropriation affects all private agricultural landswhenever found and of whatever kind as long as they are in excess of the maximum retentionlimits allowed their owners. This kind of expropriation benefits the entire Filipino NationScope of carp -shall cover the following lands :a) A ll alienable and disposable lands of the public domain devoted to or suitable for agricultureb) A ll lands of the public domain in excess of the specific limits as determined by Congress in thepreceding paragraphc) A ll other lands owned by the Governments devoted to or suitable for agricultured) A ll private lands devoted to or suitable for agriculture regardless of the agricultual productsraised

agrarian reform - means redistribution of lands, regarless of crops, fruits produced, to farmers andregular farmworkers who are landless, irrespective of tenurial arrangement, to include the totality of factors and support services designed to lift the economic status of he beneficiaries and all otheralternativesExemptions from CARP coverage; as amended by RA 7881:

a) Lands actually, directly and exclusively used for parks, wildlife, forest reserves , reforestation,fish sanctuaries and breeding grounds, watersheds and mangroves;

b) Private lands actually, directly and exclusively used for prawn farms and fishponds; Provided: ithas not been distributed and certificate of land ownership award (CLO A ) issued to agrarianreform beneficiaries under C A RP

c) Lands actually, directly and exclusively used and found to be necessary for:-national defense, school sites and campuses-church sites and covenants-penal coloniers and penal farms-government and private research and quarantine centers-all lands with 18% slope and over except those already developed

Note: only agricultural lands are subject to agrarian reform coverageSpecial Agrarian Courts have original and exclusive jurisdiction over all petitions for

determination of just compensation to landowners, and the prosecutions of all criminal offensesunder this act. Rules of Courts apply. Decision within 30 days from submission for decisionConversion of lands when the land ceases to be economically feasible and sound foragricultural purposes or it will have more economic value for residential, commercial orindustrial purposes, 5 years from award, D A R may authorize the reclassification or conversion of the land and its disposition upon application of the beneficiary with due notice to the affectedparties and subject to existing laws.Agricultural lands land devoted to agricultural activity and not classified as mineral,forest,residential, commercial or industrial landAgrcultural activity the cultivation of the soil, planting of crops, growing of fruit trees, raisingof livestock, poultry or fish, including the harvesting of such farm products and other farmactivities and prctices performed by a farmer in conjunction with such farming operations foneby person

Note : (1)lands converted to non- agricultural uses prior to the effectivity of C A RL are outside thecoverage of C A RL;(2)farms used for raising livestock, poultry and swine not covered LUZ Farms Vs Secretary of the D A R;DA R has no power to regulate farms which have been exempted by the Constitution from the coverageof agrarian reform(3) A gricultural lands reclassified by LGUs into residential, commercial or industrial uses excluded(4) Homesteads are excluded

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A lita Vs C A the right of the citizens to their homes and to the things necessary for their subsistence isas vital as the right to life itself. The law gives a needy citizen a piece of land where he may build amodest house for himself and family and plant what is necessary for subsistence and for he satisfactionof life s other needs(5) Lands used for academic or educational purposes exemptedCentral mindanao Universtiy Vs D A R: Experimental farm stations for educational purposes are exemptedfrom carp because:

a) It is not alienable and disposable land of the public domainb) The CMU land reservation is not in excess of specific limits as determined by Congressc) It is private land registered and titled in the name of its lawful ownerd) It is exempt from coverage under Section 10 of R A 6657 because the lands are actually, directly

and exclusively used and found to be necessary for school site and campus3. PD 27 Tenant Emancipation Decree emancipation of the tiller of the soul from his bondage; 5

Ha.not Irrigated; 3 Ha irrigated; it is the operative law prior to R A 6657

- It is limited in scope covering only tenanted private agricultural lands primarily devoted torice and corn operating under a system of share-tenancy or lease tenancy