Time of taking

 

 

An Emancipation Patent (EP) constitutes the conclusive authority for the issuance of a Transfer Certificate of Title (TCT) in the name of the grantee - the Farmer Beneficiary. It is from the issuance of an Emancipation Patent that the grantee can acquire the vested right of ownership in the landholding, subject to the payment of just compensation to the landowner. The taking of private lands under the Agrarian Reform Program partakes of the nature of an expropriation proceeding. The court (RTC) should take into consideration the value of the land at the time of the taking, not at the time of the rendition of judgment. Time of taking is the time when the landowner was deprived of the use and benefit of his property, such as when title is transferred to the Republic.