The Tenant Emancipation Law (Presidential Decree No. 27)
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The Tenant Emancipation Law (Presidential Decree No. 27)
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Release time：2021-10-24
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.
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
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