This case has been cited 6 times or more.
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2012-11-12 |
PERLAS-BERNABE, J. |
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| On the other hand, the redemption made by petitioner Aurelia was ineffective and void since reversion of the landholding to the former owner is likewise proscribed under P.D. No. 27 in accordance with its policy of holding such lands under trust for the succeeding generations of farmers.[12] | |||||
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2012-08-22 |
MENDOZA, J. |
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| The Court, however, deems it proper to delete the order requiring the MARO of Meycauayan, Bulacan and/or Provincial Agrarian Reform Officer (PARO) of the Province of Bulacan to generate the Emancipation Patent in favor of respondent as there is no proof that he already paid in full the amortizations due him to be entitled the issuance thereof. Land transfer under P.D. No. 27 is realized in two phases: (1) the issuance of a certificate of land transfer to a farmer-beneficiary as soon as the DAR transfers the landholding to him in recognition of his being deemed an owner; and (2) the issuance of an emancipation patent as proof of full ownership of the landholding upon full payment of the annual amortizations or lease rentals by the farmer-beneficiary.[29] Therefore, the Emancipation Patent may only be issued upon proof of full payment of the annual amortizations by the CLT holder. | |||||
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2009-10-12 |
CARPIO, J. |
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| In the first place, the Emancipation Patents and the Transfer Certificates of Title should not have been issued to petitioners without full payment of the just compensation.[19] Under Section 2 of Presidential Decree No. 266,[20] the DAR will issue the Emancipation Patents only after the tenant-farmers have fully complied with the requirements for a grant of title under PD 27. Although PD 27 states that the tenant-farmers are already deemed owners of the land they till, it is understood that full payment of the just compensation has to be made first before title is transferred to them.[21] Thus, Section 6 of EO 228 provides that ownership of lands acquired under PD 27 may be transferred only after the agrarian reform beneficiary has fully paid the amortizations. In Coruña v. Cinamin,[22] the Court held: As discussed above, the laws mandate the full compensation for the lands acquired under Pres. Decree No. 27 prior to the issuance of emancipation patents. This is understandable particularly since the emancipation patent presupposes that the grantee thereof has already complied with all the requirements prescribed by Pres. Decree No. 27. x x x | |||||
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2009-07-13 |
PERALTA, J. |
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| Land transfer under P.D. No. 27 is effected in two stages: (1) the issuance of a certificate of land transfer to a farmer-beneficiary as soon as the DAR transfers the landholding to him in recognition of his being deemed an owner; and (2) the issuance of an emancipation patent as proof of full ownership of the landholding upon full payment of the annual amortizations or lease rentals by the farmer-beneficiary.[30] No principle in agrarian reform law is indeed more settled than that the issuance of an emancipation patent entitles the farmer-beneficiary to the vested right of absolute ownership of the landholding, and it constitutes conclusive authority for the issuance of an original or transfer certificate of title in his name. It presupposes that the grantee or beneficiary has, following the issuance of a certificate of land transfer, already complied with all the preconditions required under P.D. No. 27,[31] and that the landowner has been fully compensated for his property.[32] And upon the issuance of title, the grantee becomes the owner of the landholding and he thereby ceases to be a mere tenant or lessee.[33] His right of ownership, once vested, becomes fixed and established and is no longer open to doubt or controversy.[34] Inescapably, Abad became the owner of the subject property upon the issuance of the emancipation patents and, as such, enjoys the right to possess the same--a right that is an attribute of absolute ownership.[35] | |||||