MECHANICS ON ISSUANCE OF EMANCIPATION PATENT

An Emancipation Patent shall be issued the DAR in favor of the tenant-farmer who has
complied with the requirements imposed by PD 27, after a survey has been conducted and the
survey plan submitted duly approved of the identified land-holding primarily devoted to rice and
corn. Among their requirements is the full payment of the annual amortization.

Where the land covered by the Emancipation Patent is unregistered under Act No. 3344,
the land involved will thus be brought under the operation of Act No. 496, upon filing of the
Emancipation Patent with the Register of Deeds of the city or province where the land is
situated. Henceforth, such lands shall have the character of registered lands under the Torrens
System.

After an entry is made of such Emancipation Patent in the corresponding registration

book, it becomes the MINISTERIAL DUTY of the Register of Deeds concerned to prepare a
corresponding certificate of the title for the farmer’s farm holding and the issuance of the
owner’s duplicate certificate of title to the grantee-beneficiary.
*NOTE:
ACT NO. 3344 -AN ACT TO AMEND SECTION ONE HUNDRED AND NINETY-FOUR OF
THE ADMINISTRATIVE CODE, AS AMENDED BY ACT NUMBERED TWO THOUSAND
EIGHT HUNDRED AND THIRTY-SEVEN, CONCERNING THE RECORDING OF
INSTRUMENTS RELATING TO LAND NOT REGISTERED UNDER ACT NUMBERED
(496)FOUR HUNDRED AND NINETY-SIX, ENTITLED "THE LAND REGISTRATION
ACT", AND FIXING THE FEES TO BE COLLECTED BY THE REGISTER OF DEEDS FOR
INSTRUMENTS RECORDED UNDER SAID ACT.
MINISTERIAL DUTY -refers to the official duty of a public officer wherein the officer has no
room for the exercise of discretion, and the performance being required by direct and positive
command of the law. 

In the case of lands registered under the TORRENS SYSTEM, it becomes the mistrial duty of
the Register of Deeds to assign a corresponding certificate of title thereto upon the filing of the
Emancipation Patent in accordance with the approved survey plan. Before cancelling the
original certificate of the title containing an annotation of a memorandum of the entry of patent
thereon, the Register of Deeds shall require the surrender of duplicate certificate thereof within
a reasonable time. However, should the registered owner or any person in possession of the
duplicate copy continue to withhold or refuse to surrender the said duplicate copy within a
reasonable time after serving proper notice, the Register of Deeds shall be empowered to
cancel the original and the owner’s duplicate and to issue a new certificate of title, as well as a
duplicate in favor of the tenant-farmer who is a holder of the Emancipation Patent.

Once an Emancipation Patent and certificate of the title are issued in accordance with PD
27, and the agrarian reform laws of this country, the beneficiary thereof is prohibited from
transferring or conveying title to the land which it represents in favor of third persons, whether
natural or juridical, and the transferee shall not acquire a valid title thereto. The farmer-
beneficiary shall not be entitled to a refund of his amortizations to the Land Bank, but the land
thus conveyed shall be forfeited in favor of the State and he shall forever be disqualified from
acquiring lands under the agrarian reform laws.

NOTE:
This this injunction however, has been amended by Section 27, RA 6657 and DAR Adm.
Order No. 1(1898), which allow transferability of awarded lands under PD 27, RA 3844 and RA
6657, after the lapse of 10 years from the issuance and registration of the Emancipation Patent or
Certificate of Land Ownership Award, in favor of third persons.