MindMap Gallery The Tenant Emancipation Law (Presidential Decree No. 27)

The Tenant Emancipation Law (Presidential Decree No. 27)

Presidential Decree No. 27, also known as the Tenant Emancipation Decree, was a significant piece of legislation in the Philippines signed by President Ferdinand Marcos on October 21, 1972. The decree aimed to address issues related to land reform and agricultural development by providing opportunities for tenant farmers to become landowners.

Edited at 2021-10-24 13:45:38

Zamantha Josh Alcazar

The Tenant Emancipation Law (Presidential Decree No. 27)

Zamantha Josh Alcazar

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Outline

THE TENANT EMANCIPATION LAW (Presidential Decree No. 27)

Tenant-Beneficiary cannot sell or transfer ownership of the land

The Tenant-beneficiary cannot sell or transfer ownership of the land acquired under PD 27, except to the Government or by hereditary succession.

Stages of Land Transfer

Issuance of a Certificate of Land Transfer to the farmer-beneficiary

SIGNIFICANCE:

a document that the government issues to a tenant-farmer of an agricultural land primarily devted to riceand corn production placed under the coverage of the government's Operation Land Transfer Program under PD 27.

Issuance of an Emancipation Patent

SIGNIFICANCE:

Serves as a basis for the issuance of a transfer certificate title.

Entitled to be as indefeasible as certificates of title issued in registration proceedings.

Size of the Land to Be Transferred to the Tenant-Farmer

5 hectares if not irrigated

3 hectares if irrigated

Scope of the law

Applies only to private agrcultural lands primarily devoted to rice and corn under share tenancy or lease-tenancy.

Objective of the law

To emancipate the tenants from the bondage of the soil, transferring to them of the land they till.

Transfer of Lands to tenants

The title and ownership of the lands will be transferred to the beneficiaries.

ONLY upon full payment of the just compensation to the landowner.

Retention Right of Landowner

The landowner is entitled to retain seven (7) hectares of land.

If he is cultivating or will cultivate it

Payment of Just Compensation to Landowner

Payable to the landowner through any of these options:

In cash or in kind of the farmer benefeciaries

Land Bank of The Philippines with 10% land value

Other modes of payment approved by the Presidential Agrarian Reform Council

Lease rentals paid to the landowner by the Farmer benefeciary after Oct. 12, 1972 is considered as advanced payment.

Landowners are granted an annoual incremental interest of 6% compounded yearly from the taking of his land until full payment.

Jurisdiction over Cancellation of Emancipation Patents

Within the exclusive jurisdiction of the Secretary of the DAR

However, the cancellation of an emanipation patent registered with Register of Deeds doesn't fall under DAR.

Jurisdiction Over Retention or Exemption Issues

Cognizable by the Department of Agrarian Reform through the Regional Director because they pertain to administrative implementation of agrarian law.

The Tenant-Farmer Will pay the Land Bank of The Philippines

The Tenant-Farmer will pay the LBP 6% per annum for 20 years in 20 equal annual ammortizations

Cancellation of Emancipation Patents

The landholding is excluded or exempted from coverage of the PD 27

Notices of coverage to the landowner were defectively or irregularity served

There were errors in the identification of the landowner, and landholding, and its technical descriptions

The landholding falls under the exclusive authority of the DENR or the NCIP

The DAR clearance is nullified

misused or diverted financial and support services

materially misrepresented their basic qualifications

prematurely converted awarded land

sold, transferred, leased, or conveyed their right of ownership, to use, or any other usufractory right

deliberately and absolutely failed to pay 3 consecutive amortizations

willfully neglected or abandoned the awarded land

misused land