Additional Requirements for Registration of Emancipation Patents (EPs) and Certificates of Land Ownership Award (CLOAs)
The circular mandates new documentation prerequisites for registers of deeds and branch deputy registers of deeds when registering EPs and CLOAs. These are supplementary to existing requirements under previous circulars.
Requirements for Lands Acquired through Compulsory Acquisition
For land obtained under Presidential Decree No. 27, Executive Orders Nos. 228 and 229, or through compulsory acquisition under Republic Act No. 6657, a certification from the Land Bank of the Philippines (LBP) is required. This certification must affirm that the landowner has received full just compensation or that the full compensation amount is deposited in trust at the LBP.
Requirements for Lands Acquired through Voluntary Offer to Sell or Direct Transfer
If the land was acquired through a voluntary offer to sell (VOS) or direct transfer from the landowner to the farmer-beneficiary, certification is necessary. The LBP must certify voluntary offer to sell acquisitions, while the Department of Agrarian Reform (DAR) must certify direct transfers. This ensures clarity on the origin of the land tenure instrument since DAR-issued EPs/CLOAs do not specify land acquisition mode.
Effective Date and Implementation Guidance
These additional registration requirements apply to all EPs and CLOAs submitted for registration starting from August 23, 1990—the date when the DAR’s motion for reconsideration was denied with finality by the Supreme Court. Registers of Deeds are instructed to implement these requirements strictly from this date onwards.
Legal Authority and Administrative Issuance
The circular, signed by Administrator Teodoro G. Bonifacio and adopted on October 1, 1990, serves as formal guidance to all concerned officials. It clarifies the administrative procedures aligned with judicial decisions to uphold the right of landowners and the integrity of land registration processes.