QuestionsQuestions (LRA CIRCULAR NO. 54)
To ensure uniformity in the procedure and requirements for registering Emancipation Patents (EPs) and/or Certificates of Land Ownership Award (CLOAs) in Registries of Deeds nationwide, and to hasten CARP registration to facilitate land title distribution to agrarian reform beneficiaries.
A duly notarized Deed of Transfer (DOT) and the Owner’s duplicate copy of the title, plus Realty Tax Clearance under Sec. 209-B, RA 7160 (Local Government Code).
A request from the Department of Agrarian Reform (DAR) to the Register of Deeds for the transfer to the RP using the revised CARP form, plus certification that the Land Bank of the Philippines (LBP) has fully paid/reserved the compensation for the land (Revised CARP Form No. 15, Annex B).
Transmittal letter of the Provincial Agrarian Reform Officer (PARO), original and Owner’s duplicate copy of the CLOA, and the Owner’s duplicate copy of the RP title.
A DOT or MOA between the government agencies concerned and DAR relative to the transfer of untitled government lands to DAR pursuant to EO 407 (as amended by EO 448 and EO 506).
A certification that the LBP has fully paid/reserved the compensation for the land (Revised CARP Form No. 15, Annex A).
A transmittal letter of the PARO and the original and Owner’s duplicate copy of the CLOA.
A transmittal letter of the PARO and the original and Owner’s copy of the EP together with one carbon copy thereof.
They are governed by the MOA dated August 28, 1992 among LRA, DAR, LBP, BIR, and GFIs; the RD accepts and registers: affidavit of consolidation, Owner’s duplicate certificate of title, Deed of Transfer, and the original and Owner’s duplicate copy of the CLOA.
Whenever applicable under the cited item numbers (I–V and whenever required), two (2) print copies of the approved segregation/subdivision plan authenticated by DENR/LMS and the technical description must be submitted for registration.
EPs and CLOAs may be allowed provisional registration if proof is submitted that an application or petition for judicial or administrative reconstitution has been filed—i.e., a copy of the petition received by the court or a copy of the application received by the Register of Deeds concerned.
To assign temporary numbers to EPs/CLOAs during provisional registration; the RD provides a Provisional Registration Book with 400 titles per volume—starting with temporary number 1 in the first volume and temporary number 401 in the second volume, and so on.
No. Registration may be completed without re-entering the instrument; the original entry number reflected in the Primary book is used.
Examples include heirs (with extrajudicial partition documents or judicial authority depending on whether pending/terminated), attorneys-in-fact (SPA, authenticated if executed abroad), guardians/executors/administrators (court authority/approval and finality), mortgagees/transferees (e.g., consolidation affidavits, releases, and tax/transfer requirements), and prevailing parties in court cases (court decisions/final deeds).
Liens/encumbrances carried over to the EP/CLOA unless the appropriate instrument for cancellation is also presented; the circular also identifies specific documentary requirements for different lien types (e.g., lis pendens, adverse claim, attachments, usufruct/easements terminations, tax liens, attorney lien).
They are exempted from taxes arising from capital gains and exempted from payment of registration fees and other taxes/fees for the conveyance or transfer, subject to the rule that all arrearages in real property taxes without penalty or interest shall be deductible from the compensation (see Sec. 66, RA 6657).