(NAR) VOL. 19 NO. 3 / JULY - SEPTEMBER 2008
"Landholdings which were issued patents under the "Handog Titulo" program of the Department of Environment and Natural Resources (DENR) after June 15, 1988 shall not be subject of acquisition and distribution by the DLR unless Section 6 of R.A. No. 6657 applies. However, if the LO has other land-holdings other than those under the "Handog Titulo" program, said other landhofdings shall be covered under CARP unless the aggregate landholding does not exceed five (5) hectares." (emphasis supplied)However, the above provision raised queries from the DAR field offices inasmuch as there are tenanted landholdings covered by patents issued under the "Handog Titulo" project which are being covered by them under the Comprehensive Agrarian Reform Program (CARP) in consideration that these landholdings exceed the five (5) hectare retention limit The above provision which no longer subjects said landholding under CARP in effect disenfrachises the tenants of their rights to become agrarian reform beneficiaries under the law.
"Was a strategy formulated by the DENR mainly to further accelerate the issuance of quality patents to complement the ongoing accelerated cadastral survey program being implemented during the 80's...xxx"This AO is therefore issued to amend the above-stated policy-statement and provide the guidelines the coverage and disposition of landholdings covered by patents.
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“…that free patents distributed under the Handog titulo Project are not govern- ment grants, xxxx. Based on its legal definition, Free Patent is a confirmation of imperfect title over alienable and disposable public agricultural lands thru administrative procedure and that they are acquired by natural born Filipino citizens by virtue of their open, continuous, exclusive and notorious possession of their predecessor-in-interest (Chapter VII of CA141). Given this context, it can be viewed that the Government can entail payment of just compensation to beneficiaries who will voluntarily offer to sell their lands since their lands were not gratuitously given to them by the Government for free considering that they have already acquired vested right on the land by virtue of their 30 years possession thereof..xxxx"
a. Continuous occupancy and cultivation by oneself or through one's predecessors- in-interest for at least thirty (30) years prior to the effectivity of R.A. No. 9176 on 4 December 2002 (i.e. 4 December 1972);2. Landholdings covered by Free Patents, constitute the same type or classification as those of Untitled private lands being covered by the DAR pursuant to the criteria defined in the R.A No. 9167. therefore, and in accordance with Section 6 of R.A. No. 6657, the area thereof in excess of the five (5) hectare retention limit shall be subject of acquisition and distribution by the DAR to theidentified qualified ARBs, provided that all the requisites enumerated under Paragraph 11.1 .a-d of this Administrative Order (AO) were met. The landowner/patent holder shall be entitled to the payment of just compensation pursuant to Section 17 of R.A. No. 6657.
b. The land must have been classified as alienable and disposable for at least thirty (30) years prior to the effectivity of R.A. No. 9176;
c. One must have paid the real estate tax thereon; and
d. There are no adverse claims on the land