Agra Law Reviewer Ib
Agra Law Reviewer Ib
Agra Law Reviewer Ib
*PARC - Presidential Agrarian Reform Committee *CARP - Comprehensive Agrarian Reform PROGRAM; ib2i
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*LBP - Land Bank of the Philippines *CARL - Comprehensive Agrarian Reform LAW; LABOR (Agrarian Reform)
*PARC - Presidential Agrarian Reform Committee *CARP - Comprehensive Agrarian Reform PROGRAM; ib2i
The CARP Law, under Sec. 18 provides for the value and form of Exemptions and Exclusions (Sec. 10)
just compensation; the proportion of cash payment to the other 1) Lands actually, directly, and exclusively used for:
things of value constituting the total payment, as determined on the a) parks;
basis of the areas of the lands expropriated, is not unduly b) wildlife;
oppressive upon the landowner. c) forest reserves;
d) reforestation;
Note that the exercise of expropriation in eminent domain only e) fish sanctuaries and breeding grounds;
applies when the private landowner is reluctant and unwilling to f) watersheds, and mangroves;
sell, or cannot accept the price or other conditions offered by the
vendee. So long as this power is properly exercised in view of the 2) Lands actually, directly, and exclusively used, and found to be
requirements, there is a paramount authority of the State over the necessary for:
interest of the property owner. Private rights must yield to the a) national defense;
irresistible demands of the public interest on the justification that b) school sites and campuses;
the welfare of the people is the supreme law. c) church sites and convents appurtenant thereto;
d) mosque sites and Islamic centers appurtenant thereto;
Nor the CARP Law violates the equal protection laws. For one, the e) communal burial grounds;
requirements of equal protection clause are: f) penal colonies and penal farms;
a) substantial distinctions; g) government colonies and penal farms actually worked by
b) germane for the purposes of the law; the inmates;
c) limited to existing conditions only; and h) all lands with 18% slope and over.
d) must apply equally to all members of the class. i) 18% slope - obtained by 100 meter run, and an
18 meter rise; except those already developed.
Anent the argument of the petitioners, affecting requisite (a), their 3) In Luz Farms v. Secretary of Agrarian Reform - agricultural
argument that the burden of implementation of CARP Law should lands devoted for commercial livestock, poultry, and swine raising.
not only apply to landowners, but also owners of other properties
is untenable. There is substantial distinctions between the 4) Landholdings of landowners with a total of 5 hectares and
landowners and other property owners which is clearly visible below shall not be covered for acquisition, and distribution to
except those who will not see. qualified beneficiaries.
(Sec. 3, RA 9007, amending Sec. 4, RA 6657)
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*LBP - Land Bank of the Philippines *CARL - Comprehensive Agrarian Reform LAW; LABOR (Agrarian Reform)
*PARC - Presidential Agrarian Reform Committee *CARP - Comprehensive Agrarian Reform PROGRAM; ib2i
5) Natalia Realty v. DAR - subdivision lands already devoted to a period not exceeding twenty-five years, renewable for
residential uses (also indusrial) not more than twenty-five years, and not to exceed one
thousand hectares in area. Citizens of the Philippines
Retention Limits (Sec. 6) may lease not more than five hundred hectares, or
No person may own or retain, directly or indirectly, public or acquire not more than twelve hectares thereof, by
private agricultural land, size of which as determined by the purchase, homestead, or grant.
PARC, but in no case shall exceed five (5) hectares. b) Contracts covering lands not in excess of 1,000 hectares,
in case of corporations; and 500 hectares on individuals,
Three (3) hectares may also be awarded to each child of the shall be allowed to continue but not beyond, whichever is
landowner, provided: sooner:
a) he is at least 15 years of age; i) August 29, 1992; or
b) he is actually tilling the land or directly managing the ii) their valid termination.
farm. Continuation thereof shall be confirmed by the
appropriate government agency.
The right to choose an area to be retained shall pertain to the c) Land possessed by private individuals, held and
landowner, but when the land is tenanted: possessed by multinational corporations shall be subject
a) The tenant shall have the option to remain, in that case, to immediate compulsory aqcuisition and distribution
he shall be considered a leaseholder and shall lose his upon expiration of the applicable lease, management,
right to be a beneficiary; or grower, or service contract in effect as of August 29,
b) Shall have the option to be a beneficiary in the same or 1987.
another agricultural land with the same or comparable
features, in which case, he loses his right as a leaseholder. Generally, these lands shall be distributed directly to the individual
(Sec. 6, RA 6657) worker.
If not economically feasible, a worker’s cooperative or association
Exceptions to the Retention Limits: shall be established for the purpose of entering into a lease or
1. Landowner whose lands have been covered by PD 27, (they are growers agreement and for all other legitimate puposes.
allowed to keep the areas already retained by them hereunder);
Ancestral Lands (Sec. 9)
2. Original homestead grantees or direct compulsory heirs who For the purposes of this Act, this shall include, those of indigenous
still own the original homestead at the time of the approval of cultural community, including, but not limited to:
CARL, as long as they continue to cultivate said homestead; a) in the actual, continuous, and open possession of its
members;
3. Sec. 6-A: Provincial, city, and municipal government units b) provided the Torrens System must be respected.
acquiring private agricultural lands by expropriation or other
modes of acquisition to be used for actual, direct, and exclusive Their right to their ancestral lands must be respected; and the
public purposes, shall not be subject to 5-hectare retention limit systems of land ownership, land use, and modes of settling land
under this section. Provided: disputes of all these communities must be respected and
a) Lands that may be under the CARP may may undergo recognized.
land acquisition and redistribution; and
b) these lands may be expropriated subject to the payment of Private Land Acquisition
just compensation to the beneficiaries. (amended by RA Steps: Acquisition -> Distribution
9700, Sec.4) Kinds:
a) Compulsory Acquisition (Sec. 16)
Land possessed by Multinational Corporations (Sec. 8) i) Notice to acquire the land sent to landowner and
Lands of public domain held or possessed by multinational beneficiaries; notice in conspicuous places in
corporations shall be programmed for acquisition and distribution. municipal building and the baranggay where the
Those under lease, management, grower, or service contracts, property is located;
shall disposed as follows: ii) inform to DAR his acceptance or rejection of the
a) Lands covering an aggregate area in excess of 100 offer;
hectares, leased or held by foreign individuals an area iii) if accepted, LBP pays and executes a deed of
excess of 500 hectares are deemed amended to conform sale in 30 days, then surrenders CT and other
with the limits set by Sec. 3, Art. XII of Constitution: muniments of title;
Section 3. Lands of the public domain are classified into iv) if rejected or failed to reply, DAR shall conduct
agricultural, forest or timber, mineral lands and national summary administrative proceedings to
parks. Agricultural lands of the public domain may be determine the compensation. If landowner des
further classified by law according to the uses to which not concur with the findings, he can take the
they may be devoted. Alienable lands of the public matter to the courts;
domain shall be limited to agricultural lands. Private v) Payment of just compensation;
corporations or associations may not hold such vi) Registration of TCT to the name of RP;
alienable lands of the public domain except by lease, for
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*LBP - Land Bank of the Philippines *CARL - Comprehensive Agrarian Reform LAW; LABOR (Agrarian Reform)
*PARC - Presidential Agrarian Reform Committee *CARP - Comprehensive Agrarian Reform PROGRAM; ib2i
vii) On standing crops: landowner shall retain his 3) Substitution for surety or bail bonds for
share of unharvested crops and shall be given the provisional release of accused
reasonable time to harvest the same. persons, or performance bonds;
4) Security for loans with any government
b) Voluntary Land Transfer (Sec. 20) - voluntary financial institution;
arrangement for direct transfer of lands to qualified 5) Payment of various taxes and fees to
beneficiaries, subject to ff. guidelines: the government, up to a certain
i) notice for voluntary land transfer shall be percentage set by PARC;
submitted to the DAR a year from the effectivity 6) Payment of tuition fees of immediate
of the CARL; family of the original bondholder;
ii) terms and conditions must not be less favorable 7) Payment of government hospital fees;
than those of the government’s standing offer; 8) Such other uses.
iii) shall include sanctions for non-compliance by
either party and shall be duly recorded and All arrearage in real property taxes, without penalty or interest,
implementation monitored by DAR. shall be deductible from the compensation to which the owner is
entitled. (Sec. 66, RA 6675)
Compensation
Determination of just compensation (Sec. 17) Qualified Beneficiaries (Sec. 22)
a) cost of acquisition of land; Shall be distributed to the landless residents of the same barangay,
b) current value of like properties; or of the same municipality in the absence thereof in the following
c) nature; order of priority:
d) actual use and income; a) agricultural lessees and share tenants;
e) sworn valuation by the owner; b) regular farmworkers;
f) tax declarations; - Farmer - [Sec. 3(f)]; F armer - [Sec. 3(g)]
g) assessment by government assessors; c) seasonal farmworkers;
h) value of standing crops (added by RA 9700); - a natural person who is employed on a recurrent,
i) 70% of the zonal valuation of the BIR (RA 9700). periodic, or intermittent basis by an agricultural
Additional factors: enterprise or farm, whether as a permanent or a
a) social and economic benefits contributed by the farmers, non-permanent laborer, such as dumaan, sacada,
farmworkers, and the government; and the like. [Sec. 3(i)].
b) non-payment of taxes and loans secured from any d) other farmworkers;
government institution. - those not regular nor seasonal farmworkers.
EO 405 (1990) - The LBP shall be primarily responsible for the [Sec. 3(j)]
determination of the land valuation and compensation e) actual tillers or occupants of the public lands;
f) collectives or cooperatives of the above beneficiaries;
Modes of payment (Sec. 18) g) others directly working on the land.
a) Cash payment;
i) For lands above 50 hectares: 25% cash, balance In the case of children of the foregoing, they must be qualified
to be paid in government financial instruments under Sec. 6 hereof; if so, they are given preference to the
negotiable at any time; distribution of the lands of their parents, entitled to three-hectare
ii) For lands above 24 hectares up to 50 hectares: award before it be given to any partner.
30% cash, balance in the same form;
iii) For lands 24 hectares and below: 35% cash, Sec. 22-A: Order of priority:
balance in the same form. a) landholding shall first be distributed to qualified
b) Shares of Stock in GOCCs, LBP, physical assets or other beneficiaries under Sec. 22 (a) and (b), up to a maximum
qualified investments in accordance with guidelines set of 3 hectares each;
by PARC; b) Only when the foregoing receives 3 hectares each shall
c) Tax Credits to be used against tax liability; the remaining portion be distributed to other beneficiaries,
d) LBP Bonds with features: under Sec. 22, (c) , (d), (e), (f), and (g). (RA 9700)
i) Market interest rates aligned with 91-day
treasury bill rates; Basic qualification: Willingness, aptitude, and ability to cultivate
ii) Transferrability and negotiability, that may be and make the land as productive as possible;
used for:
1) Acquisition of land or other real Disqualifications:
properties of the government; 1) Beneficiaries under PD 27 who have culpably sold,
2) Acquisition of shares of stock of disposed of, or abandoned, their lands;
GOCCs or of stocks owned by the 2) Beneficiaries guilty of negligence or misuse of the land or
government in private corporations; any support extended to them;
3) Beneficiaries with at least 3 hectares of agricultural land;
and
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*LBP - Land Bank of the Philippines *CARL - Comprehensive Agrarian Reform LAW; LABOR (Agrarian Reform)
*PARC - Presidential Agrarian Reform Committee *CARP - Comprehensive Agrarian Reform PROGRAM; ib2i
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*LBP - Land Bank of the Philippines *CARL - Comprehensive Agrarian Reform LAW; LABOR (Agrarian Reform)
*PARC - Presidential Agrarian Reform Committee *CARP - Comprehensive Agrarian Reform PROGRAM; ib2i
agrarian reform, except those falling in the exclusive jurisdiction Transactions under this act shall be exempt from:
of the DENR. a) payment of registration fees;
b) all other taxes and fees for conveyance or transfer of
Matters involving strictly the administrative implementation of the lands.
CARP and agrarian laws and regulations shall be exclusive Arrearage of real property taxes shall be deductible from
prerogative of and cognizable by the Secretary of Agrarian compensation to which the owner may be entitled. (Sec. 66)
Reform.
No injunction, restraining order, prohibition, or mandamus shall be
issued by the lower courts against DAR, DA, DENR, and DOJ for
DAR Adjudicator the implementation of this Act. (Sec. 68)
a) DAR Adjudication Board (DARAB)
i) Original and appellate jurisdiction; Banks allowed by law to hold mortgage rights or security interests
ii) functional supervision over the RARAD and in agricultural lands to secure loans may acquire title to these
PARAD. mortgaged properties, subject to existing laws. (Sec. 71)
b) Regional Agrarian Reform Adjudicator (RARAD)
i) Regional adjudicator within the concerned Prohibited Acts (Sec. 73, as amended by RA 9700)
region; 1) ownership or possession of agricultural lands in excess of
ii) receives, hears, and adjudicates cases which the the total retention limits or award ceilings;
PARAD cannot handle a) Except those under collective ownership by
c) Provincial Agrarian Reform Adjudicator (PARAD) farmer-beneficiaries;
2) Forcible entry or illegal detainer by persons who are not
Powers: qualified beneficiaries under the CARL;
a) Summon witnesses; 3) Any conversion by landowner of his agricultural land into
b) administer oaths; any non-agricultural use to avoid application of this Act;
c) take testimony; 4) Malicious and willful obstruction of the implementation
d) require submission of reports; of the CARL;
e) compel the production of books and documents and 5) Sale, transfer, conveyance or change of the nature of
answers to interrogations by way of subpoena duces lands outside urban centers except upon completion of
tecum or subpoena; requirements of conversion under Sec. 65;
f) To punish indirect and direct contempt subject to the 6) Sale, transfer, conveyance by a beneficiary of the right to
same penalties as provided by Rules of Court. use over the land (usufructuary) over the land he
DAR is not bound by technical rules of procedure and evidence; acquired;
but shall proceed to hear and decide all cases in an expeditious 7) Unjustified, willful, and malicious act by responsible
manner, and shall adopt a uniform rules of procedure. officers of the government through:
a) denial of notice or of reply to landowners;
Sec. 50-A: No court or prosecutor’s office shall take cognizance of b) deprivation of retention rights;
cases pertaining to implementation of CARP except when an RTC c) undue or inordinate delay in preparation of claim
is constituted as a Special Agrarian Court. folders;
d) undue delay, refusal, or failure in payment of
Judicial Review: just compensation.
May be appealed to the CA by way of certiorari (Sec. 54); but 8) Unjustified failure or undue delay of DAR, LBP, PARC,
regardless, the decision shall be immediately executory. (Sec. 51). or any concerned agency to submit required report as
required by any party of the government, HR, or Senate;
No court shall issue any restraining order or writ of preliminary 9) Undue delay with compliance of obligation to certify or
investigation against PARC or any of its duly authorized agencies. attest and/or falsification thereof as required by Sec. 7;
10) Any other culpable neglect or willful violations of the
Special Agrarian Courts (Sec. 56) provisions of this act
The Supreme Court shall designate at least 1 RTC branch within
each province to act as a Special Agrarian Court. Penalties (Sec. 74, as amended by RA 9700)
- Imprisonment for not less than 1 month to not more than 3 years;
Jurisdiction: original and exclusive jurisdiction over: and/or
a) all petitions for the determination of just compensation to - Fine of not less than P1,000 but not more than P15,000.
landowners;
b) prosecution of all offenses under this Act. Subject to corresponding penalties according to specific
provisions:
The decision of the Special Agrarian Courts is appealable to the
a) Imprisonment of 3 years Sec. 73, paragraphs:
Court of Appeals within 15 days from the receipt of notice of the
and 1 day to 6 years; and/or a, b, f, g, h
decision. (Sec. 59)
b) Fine not less than P50K to
not more than P150K
General Provisions
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*LBP - Land Bank of the Philippines *CARL - Comprehensive Agrarian Reform LAW; LABOR (Agrarian Reform)
*PARC - Presidential Agrarian Reform Committee *CARP - Comprehensive Agrarian Reform PROGRAM; ib2i
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