Question & AnswerQ&A (LRA CIRCULAR NO. 29)
The rulings in the cases of Association of Small Landowners in the Philippines, Inc., et al. vs. Hon. Secretary of Agrarian Reform (G.R. No. 78742), Arsenio Al. Acuña, et al. vs. Joker Arroyo, et al. (G.R. No. 79310), Inocentes Pabico vs. Hon. Philip E. Juico, et al. (G.R. No. 79744), and 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.
Title to all expropriated properties shall be transferred to the state only upon full payment of compensation to their respective owners.
They must impose additional certification requirements to ensure full payment or reservation of just compensation prior to registration.
A certification by the Land Bank of the Philippines that the landowner has been fully paid the just compensation or that the full compensation has been reserved/deposited in trust for the landowner.
Certification by the Land Bank of the Philippines for VOS acquisitions or by the Department of Agrarian Reform (DAR) if the EPs/CLOAs involve a direct transfer.
Because EPs/CLOAs generated by DAR do not indicate whether they were derived from lands acquired through compulsory acquisition or voluntary offer to sell or direct transfer.
These requirements were imposed starting August 23, 1990, when the DAR’s motion for reconsideration was denied with finality.
The Supreme Court decision became final and unappealable, thus enforcing the additional registration requirements mandated by the rulings.
It adds to the requirements enumerated in NLTDRA Circular No. 116 dated June 17, 1988, as amended by LRA Circular No. 2 dated October 10, 1988.