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(NAR) VOL. 1 NO.4 / OCTOBER - DECEMBER 1990

[ LRA CIRCULAR NO. 29, October 01, 1990 ]

ADDITIONAL REQUIREMENTS IN THE REGISTRATION OF EPS/CLOAS



Pursuant to the ruling laid down by the Supreme Court in the cases of: 1) Association of Small Landowners in the Philippines, Inc., et. al., vs. Hon. Secretary of Agrarian Reform G.R. No. 78742 2) Arsenio Al. Acuña , et.al . vs. Joker Arroyo, et. al., G.R. No. 79310 3) Inocentes Pabico vs. Hon. Philip E. Juico, et. al., G.R. No. 79744 and 4) Nicolas E. Monaay and Agustin Hermano, Jr. vs. Hon. Philip Ella Juico and Land Bank of the Philippines, G.R. No. 79777 Promulgated on July 14, 1989 (the Motion for Reconsideration was denied with finality on August 23, 1990) which, among others, held that:

"2.     Title to all expropriated properties shall be transferred to the state only upon full payment of compensation to their respective owners."

all Registers of Deeds and Branch Deputy Registers of Deeds are hereby directed to impose the following additional requirements:

1.       Where the land was acquired under PD 27, E.O. 228 and E.O. 229 and through compulsory acquisition (CA) under RA 6657.

Certification by the Land Bank of the Philippines that the landowner has been fully paid of the just compensation for the land or that the amount of full compensation has already been reserved/deposited in the LBP in trust for the landowner.

2.       Where the land was acquired through voluntary offer to sell (VOS) or is a direct transfer from the landowner to the farmer-beneficiary.

Certification by the Land Bank of the Philippines that the land involved was acquired through a voluntary offer to sell or by DAR if it is a direct transfer.

The latter certification is necessary because EPs/ CLOAs generated by DAR do not show whether these were derived from lands acquired under CA or VOS or is a direct transfer.

in the registration of EPs/ CLOAs, in addition to those enumerated in NLTDRA CIRCULAR NO. 116 dated 17 June 1988, as amended by LRA CIRCULAR NO. 2 dated 10 October 1988.

The additional requirements shall be imposed on all EPs/ CLOAs presented for registration starting 23 August 1990 when the DAR motion for reconsideration of the aforementioned cases was denied with finality.

Please be guided accordingly.

Adopted: 1 Oct. 1990

(SGD.) TEODORO G. BONIFACIO
Administrator

 

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