Professional Documents
Culture Documents
1.3
1.4
1.5
Chapter 2
Chapter 3
CARP COVERAGE
3.1
3.2
Chapter 4
CARP Scope
Implementation Schedule
:
4.1
Exclusions
4.1.1.
Poultry, Livestock and Swine Raising
4.2
Exemptions
4.3
Procedures
Governing
Under Sec. 10, RA 6657
4.4
Chapter 5
5.1
5.2
Exemption
Exemption
LAND ACQUISITION
Compulsory Acquisition
of
Lands
Clearance
5.2.2
5.2.3
Voluntary
Land
Transfer/Direct
Payment
Scheme
5.3
5.4
5.5
5.6
Reconstitution of Title
5.7
5.8
Field Investigation
Chapter 6
6.1
6.2
Qualification of Beneficiaries
Order of Priority
6.3
Farmworker Beneficiaries
6.4
Screening of Beneficiaries
Chapter
7
TO CHILDREN
LANDOWNER'S
RETENTION
AND
AWARD
7.1
7.2
Retention Limit
Land Ownership Ceiling
7.3
7.4
7.5
7.6
Procedures for the Exercise of the Right of Retention
and Award to Qualified Children
7.7
7.8
Obligations of Landowners and Limits to the Disposition
of the Retained Areas
7.9
7.10
Retention Under PD 27
7.11
Homestead Lands
Chapter 8
LAND SURVEY
Chapter
9
:
LAND
LANDOWNER'S COMPENSATION
VALUATION
AND
9.1
9.2
Just Compensation
Land Valuation Factors
9.3
9.4
9.5
9.6
Modes of Compensation
9.7
9.8
PD 27 Lands
9.9
EO 407 Lands
9.10
Process
Chapter 10
LAND DISTRIBUTION
10.1
10.2
10.3
10.4
10.5
Chapter 11
PAYMENT BY BENEFICIARIES
11.1
11.2
11.3
11.4
Chapter 12
12.1
12.2
Chapter 13
13.1
SUPPORT SERVICES
AGRICULTURAL LEASEHOLD
13.2
Tenancy Relationship
13.3
13.4
13.5
Lease Rental
13.6
13.7
Chapter 14
14.1
14.2
Coverage
DAR's Authority
14.3
Main Features
14.4
Chapter 15
15.1
Meaning of Commercial
Farm Deferment
15.2
Rationale for Deferment
Farms
15.3
Requirements
15.4
Deferment Period
15.5
Chapter 16
and
Commercial
16.1
16.2
Definition
DAR's Stand on Conversion
16.3
16.4
16.5
Mechanics of Land Use Conversion Application, Approval
and Monitoring
16.6
Chapter 17
17.1
Transaction
Laws
LAND TRANSACTION
and
Issuances
Governing
Agricultural
Land
17.2
17.3
17.4
Right of Pre-emption
17.5
Right of Redemption
17.6
Valid Transactions
17.7
Invalid Transactions
Chapter 18
PUBLIC LANDS
18.1
18.2
18.3
Settlement Areas
18.4
Public Agricultural
National Livelihood Support Fund
Lands
Turned
Over
by
the
18.5
Lands of the Public Domain Covered by Cancelled or
Expired Pasture Lease Agreements and Timber License Agreements
Per EO 407
18.6
Lands of the Public Domain Covered by Cancelled or
Expired Fishpond Lease Agreements
Chapter 19
LANDED ESTATES
Chapter 20
20.1
20.2
20.3
BARC Composition
20.4
BARC Officers
20.5
Formation of BARC
20.6
Chapter 21
21.1
DARAB Jurisdiction
c.
It is in productive private lands, particularly where
the necessary investments have been made, where the
beneficiary has greatest chances of success.
1.5
AGRARIAN REFORM: COUNTER-INSURGENCY
TOOL?
Will agrarian reform cure all of the country's ills?
Executive Order No. 228 dated 17 July 1987 declared full land
ownership to qualified farmer-beneficiaries covered
by Presidential Decree No. 27 determined the value of remaining
unvalued rice and corn lands subject to PD 27, and provided for
the manner of payment by the farmer-beneficiaries and the mode
of compensation to the landowners.
Executive Order No. 129-A dated 26 July 1987 provided for the
strengthening of the Department of Agrarian Reform as the lead
agency responsible for the implementation of CARP.
3.2
IMPLEMENTATION SCHEDULE
When are these lands covered?
All lands within the scope of CARP have been covered by the
program beginning 15 June 1988, the date of CARP's effectivity.
However, in consideration of the capacity of the Government
to implement the program, the acquisition and distribution of
agricultural lands covered by the program have been prioritized
as follows:
35 has.
b.
65 has.
c.
15 has.
*
if there is a backlog, unless voluntarily offered, it is
advised that this land not be covered yet. Instead, give priority to
the completion of the backlog.
This example considers only the landowner's retention right
but does not take into account the award to qualified children.
The opinion of some that in the case of (a) in the example,
only 16 hectares can be compulsorily acquired (40 less 24 has.)
has been taken by DAR to have no legal basis. This has been
clarified under Memorandum Circular No. 4, Series of 1993.
CHAPTER 4
EXEMPTIONS AND EXCLUSIONS
4.1. EXCLUSIONS
What lands are not covered by CARP?
The following lands are not covered by CARP:
a.
those which are not suitable for agriculture,
and those which are classified as mineral, forest,
residential, commercial or industrial land;
b.
those which have been classified and
approved as non-agricultural prior to 15 June 1988
as ruled under Department of Justice Opinion No.
44, Series of 1990;
c.
those which are exempt pursuant to Sec.
10, RA 6657;
d.
those which are devoted to poultry, swine,
or livestock raising as of June 15, 1988 pursuant to
the Supreme Court ruling on Luz Farms vs. The
2.
The PARO, with the assistance of the BARC,
the MARO, the Municipal Livestock Inspector, and a
livestock/poultry and swine specialist of the DA
shall conduct a field investigation, and prepare
report of findings and recommendations for
submission to the Regional Director.
3.
Regional Director undertakes final review
and evaluation of the application and issues the
Order of Exclusion or Denial.
4.2
EXEMPTIONS
What lands are exempted from CARP coverage?
The following are exempted from the coverage of CARP:
a.
Lands actually, directly, and exclusively
used and found to be necessary for parks, wildlife,
forest reserves, reforestation, fish sanctuaries and
breeding grounds, watersheds and mangroves,
national defense, school sites and campuses
including experimental farm stations operated by
public or private schools for educational purposes,
seeds and seedlings research and pilot production
centers, church sites and convents appurtenant
thereto, mosque sites and Islamic centers
appurtenant thereto, communal burial grounds and
cemeteries, penal colonies and penal farms actually
worked by the inmates, and government and
private research and quarantine centers; and
b.
Lands with eighteen percent (18%) slope
and over, except those already developed as of 15
June 1988. (Sec. 10, RA 6657)
1.
The MARO shall prepare an Application for
Land Exemption Folder (ALEF) which contains the
following documents:
*
written application
*
ownership documents and other
muniments of title
*
*
copy of proclamation, topographic
map, sketch map, area development plan,
affidavit, certification from government
agency, etc.
2.
MARO conducts investigation of the land
with the assistance of the BARC and prepares report
of findings and recommendations and forwards
them together with the ALEF to the Provincial
Agrarian Reform Officer.
3.
The PARO reviews and evaluates the ALEF
and prepares comments, findings and
recommendations. If all documents are in order,
forwards them to the Regional Director.
4.
The RD reviews and evaluates the ALEF and
the findings and recommendations of the PARO and
the MARO. If documents are in order, issues an
Order of Approval or Order of Denial. This applies to
applications for exemption for all land sizes.
5.
The RD forwards the Order to the PARO for
distribution to the contending parties and counsel,
if any, copy furnished the Office of the Secretary,
Undersecretary for Field Operations, Legal Affairs
Office and the Management Information Service
within 15 days from the release of the Order. The
Order becomes final 15 days from receipt of the
same, unless an appeal is made to the DAR
Secretary.
6.
In case of denial of the application, DAR
shall cause the acquisition and distribution of the
property.
What is the recourse of a party who disagrees with the
decision of the Regional Director?
Any party who disagrees with the RD's decision may file
a written motion for reconsideration within 15 days from
receipt of the Order. The RD shall then rule on the motion for
reconsideration. Should the motion for reconsideration be
deemed, the aggrieved party could appeal to the DAR
Secretary within the balance of the 15 day period. The
Secretary shall render a decision within 30 days after receipt
of the appeal.
4.4
PROCEDURES FOR ISSUANCE OF
CLEARANCE BASED ON DOJ OPINION NO. 44
EXEMPTION
b.
certified true copies of the list of the
land which is the subject of the application;
c.
current tax declaration covering the
property;
d.
e.
certification from the Deputized
Zoning Administration that the land has been
reclassified to residential, industrial or
commercial use prior to 15 June 1988;
f.
certification from the HLRB that the
pertinent zoning ordinance has been approved
by the Board prior to 15 June 1988;
g.
certification from the National
Irrigation Administration that the land is not
covered by AO No. 20, Series of 1992, i.e.,
that the area is not irrigated, nor scheduled
for irrigation rehabilitation nor irrigable with
firm funding commitment, and
h.
proof of payment of disturbance
compensation, if the area is presently being
occupied by farmers, or waiver/undertaking by
the occupants that they will vacate the area
whenever required.
2.
The Regional Office conducts joint
investigation with the duly authorized
representatives of the DAR provincial and municipal
offices that have jurisdiction over the property, and
a report prepared within thirty (30) days from the
filing of completed application.
The joint investigation report shall contain
information on:
a.
b.
payment of disturbance
compensation;
c.
d.
certification from the MARO on
whether or not the land has been placed
4.
The exemption folder, together with the
draft order is forwarded to the Legal Affairs Office of
the DAR Central Office which shall review the same
and upon proper review forwards the folder to the
Office of the Secretary not later than fifteen (15)
days from receipt of the folder.
5.
The Secretary signs the Order for Denial or
Grant and a copy of the order is furnished to the
Land Use Conversion Committee for purposes of
monitoring and statistical information.
CHAPTER 5
LAND ACQUISITION
5.1
b.
c.
lands foreclosed
financial institutions;
by
private
and
government
d.
e.
f.
g.
MODES OF ACQUISITION
b.
c.
Voluntary Land Transfer/Direct Payment
Scheme (VLT/DPS);
d.
Operation Land Transfer (OLT) under PD
27 and EO 228; and
e.
Executive Order No. 407, as amended by EO
448 and EO 506
What are the basic differences among these modes?
a.
OLT is governed by PD 27 and EO 228 and
has been in operation since 1972. It follows a
different set of procedures, particularly in land
valuation.
b.
Land acquisition under OLT and CA is done
through the mandate of the law whether or not the
landowner disagrees to part with his property.
c.
CA follows the schedule of CARP
implementation based on the area of the
landowner's landholdings. In contrast VOS may be
done even for lands not yet scheduled by law to be
acquired.
d.
EO 407 as amended pertains only to
government agencies as landowners in a propriety
capacity, or to public A & D lands under their
administration by virtue of presidential
proclamation.
e.
VLT/DPS, on the other hand, is a voluntary
arrangement entered into by a landowner and a
qualified farmer-beneficiary to directly transfer the
land to the beneficiary under terms and conditions
mutually agreed by them but with payment terms
not less favorable to the farmer than if it were the
government purchasing the land and transferring it
to the beneficiary.
5.2.1 COMPULSORY ACQUISITION
What are the existing
compulsory acquisition of lands?
administrative
orders
on
compensation for the land. But the land will be acquired and
distributed under CARP. Moreover, the DAR and the ROD will
no longer allow the partition of the property except in favor of
the qualified farmer-beneficiaries. This is in line with the fact
that as of 15 June 1988, by operation of the law, all lands in
excess of the retention limit are already covered by CARP.
If in the course of CARP coverage, the owner alleges that
the land is exempted under Sec. 10, RA 6657, what should you
do?
Exception under Section 10 of RA 6657 is not automatic.
Under AO-13, Series of 1990, persons or representatives of
persons owning, administering or managing lands believed to
be actually, directly and exclusively used and are necessary
for any of the purposes under Section 10 should file a written
application with DAR. This application should be approved by
the Regional Director.
The MARO should, therefore, check if an application has
been filed and if the application has been duly approved.
Otherwise, the MARO should treat the matter as a CARP
protest and let the Regional Director rule on the matter. (AO09, series of 1994).
If in the course of coverage, the owner alleges that the
property is already reclassified as residential since 1986, what
should you do?
The MARO should determine if the property is covered
by DOJ Opinion No. 44 and whether an application for
exemption has been filed by the landowner. He should also
investigate the actual land use and whether the land is
irrigated, irrigable or is programmed for irrigation. He should
also check the zoning plan or municipal/city ordinance
approved by the HLURB. Only if it is clear that the said
landholding does not fall within any of the above, should the
MARO proceed with the acquisition of the property.
If in the course of coverage, the owner alleges that about
one year before the notice of acquisition, he has filed an
application for conversion, what should you do?
The MARO should check the allegation, i.e., whether
there really was an application for conversion filed a year ago.
If there is none, conversion is not possible because the notice
a.
If the subject landholding is part of the
landowner's retained area, provided the landowner
has not yet received any payment;
b.
If the landowner wants to shift the mode of
acquisition from VOS to VLT/DPS;
c.
If the offered land is to be covered in 1994
and the landowner wants to wait for the compulsory
coverage under Phase III-B. If the Notice of
Valuation has been served, however, the
withdrawal may no longer be allowed.
d.
If the DAR determines the landholding to be
more suitable for a town site, resettlement or
institutional site to address a calamity situation. It
should be noted that this case is limited to calamity
situations. Further, the approval of the withdrawal
of the VOS does not automatically authorize the
land use conversion of the land. The owner must
still apply for conversion.
What are the instances in which the DAR may reject a
VOS application?
The DAR may reject a voluntary offer to sell in the
following instances:
a.
If the land is not suitable for agriculture, or
has more than 18% slope and is underdeveloped;
b.
If there are no takers or beneficiaries of the
land for valid reasons (e.g., peace and order
situation) without prejudice to future coverage of
the area under CARP; and
c.
If the only identified agrarian reform
beneficiaries (ARBs) are the qualified children of the
landowner.
5.2.3 VOLUNTARY LAND TRANSFER/DIRECT PAYMENT
SCHEME (VLT/DPS)
What is the VLT/DPS mode?
VLT/DPS is a scheme wherein a landowner of an
agricultural land covered by CARP and the qualified
beneficiaries of such land agree to the direct transfer of the
ownership of the land, as provided for under Sections 20 and
must be submitted within one (1) year from the time the DAR
receives the notice of application for VLT/DPS.
What if negotiations for VLT/DPS are not resolved after
one year?
If VLT/DPS negotiations remain unresolved after one year,
the land shall be covered under compulsory acquisition.
When should the transfer of possession and land
ownership of the land be done?
The transfer of possession and ownership should be done
immediately after the submitted VLT/DPS agreement is
approved by the DAR. Certificates of Land Ownership Award
(CLOA) with the proper annotations to protect the landowner
shall be issued to the beneficiaries.
May an agricultural land mortgaged to a bank be the
subject of a VLT/DPS?
No. Land titles with existing liens and encumbrances
shall not be covered under the VLT/DPS scheme. This is a
ruling made by DAR to simplify VLT/DPS transactions,
particularly to facilitate the immediate transfer of title to the
ARBs.
5.3
a.
Identification and documentation of the
landholdings, landowners and beneficiaries;
b.
Land survey;
c.
d.
e.
Transfer of title from the landowner to the
Republic of the Philippines.
What are the changes in procedures for land acquisition
contained in AO-01, Series of 1993?
a.
The number of steps has been reduced by
transferring from the DAR Regional Office to the
Provincial Office the review and completion of
documents before submission of the claim folder to
the Land Bank of the Philippines.
b.
The conduct of the field investigation can
proceed even if the LBP representative is
unavailable. This was made possible by dividing the
Field Investigation Report into two parts. Part I
contains data on the landholding and its suitability
to agriculture. Part II, on the other hand, provides
data inputs for the determination of the land
valuation. Part I can be accomplished even without
the presence of the LBP representative although the
data are subject to review by LBP.
c.
The conduct of public hearing was deleted.
In lieu thereof, the Notice of Coverage, Field
Investigation Report and the Notice of Land
Acquisition and Valuation shall be posted for a
period of one week on the bulletin boards of the
barangay/municipal/provincial halls where the
property is located.
d.
CARP forms were simplified and reduced in
number.
e.
The acquisition process has been facilitated
by requiring the LBP to immediately open a trust
account in the name of the landowner, whether the
landowner accepts or rejects the land valuation.
Actual release, however, shall be effected only after
the landowner's compliance of all the requirements.
What is the first step in land acquisition?
Land acquisition, regardless of the mode, begins with the
identification of landowners, landholdings and beneficiaries
covered by CARP.
Under the Land Acquisition and Distribution Tracking
System (LADTRACKS) and the CARP Scope Validation project,
field offices have been tasked to prepare a master list or
inventory of landholdings in their area of coverage. This
inventory is derived from the LISTASAKA statements, as
verified or complemented by the records of the Register of
Deeds and Assessor's Offices, review of the municipal town
plan and zoning ordinances, field surveys, interview and
community consultations, and general knowledge of the land
ownership pattern in the barangays or municipalities.
With these basic tools, the landowners who own
agricultural lands in excess of the retention limit may be easily
determined and their lands classified according to the
implementation phase or order of priority of CARP.
5.5
b.
Level of organization of the farmers
Consistent with the people-centered development
thrust of the DAR, the higher the level of
organization of farmers, the greater should be the
priority. This will not only facilitate the land
acquisition and distribution process but also hasten
the development of viable agrarian reform
communities in the area;
c.
Incidence of agrarian unrest The greater
the incidence of unrest, the higher should be the
priority to promote the resolution of the agrarian
disputes. Utmost care should however, be made to
ensure that the landholding is indeed covered by
CARP;
d.
Number of farmers to be benefitted The
higher the number, the greater should be the
priority, again in line with people-centered
development;
e.
Size of the landholding Inasmuch as
nearly the same efforts will have to be expended
for either big or small landholdings, it makes sense
to put higher priority on the larger landholding;
f.
Presence of support factors Areas with
cooperative landowners, supportive community
leaders and local government executives, active
BARCs and POs/NGOs, etc. should receive higher
priority because it is in these areas where agrarian
reform implementation will have greater chances of
success;
g.
Presence of a title over the property
Titled properties are easier to acquire because, as it
is the norm under our Torren's Title System, the title
is the strongest proof of the land ownership.
Untitled properties require much more difficult
documentation to ensure that the land actually
RECONSTITUTION OF TITLE
What can be done in case the original title of the land got
lost or was destroyed due to fire, flood or force majeure in the
register of deeds?
In general, lost or destroyed original copies of certificates
of title are reconstituted through judicial proceedings pursuant
to Section 110 of the Property Registration Decree (PD No.
1529). The procedure is prescribed in Republic Act No. 26 and
implemented in LRA Circular No. 35 dated 13 June 1983.
However, RA 6732 as implemented by LRA Circular No.
13
dated
26
July
1989,
allows
for administrative
reconstitution when the original copies of the certificates of
title in the Office of the Register of Deeds are destroyed due to
fire, flood, or other force majeure as determined by the LRA
administrator, where the destroyed records constitute at least
ten percent (10%) of the total number of titles but in no case
shall these be less than 500. Thus, administrative
reconstitution is allowed in Batangas City, Malolos, Bulacan,
and in the provinces of Eastern Samar, Camarines Sur, Isabela,
and Oriental Mindoro where the Offices of the Register of
Deeds were destroyed by fire.
The law also covers administrative reconstitution of
copies of original certificates of title destroyed by fire, flood or
other force majeure which occurred fifteen years before its
effectivity in 1989.
What if it is the owner's duplicate copy which is lost while
the original is still on file?
Then a petition for the issuance of a new owner's
duplicate copy shall be filed with the Regional Trial Court. (Sec.
109, PD 1529)
Who should file the petition for reconstitution of title?
LRA Circular No. 35, Series of 1983
landowner or an interested party should
reconstitution with the Clerk of Court of
Court having jurisdiction of said property,
6.
Surrender of the owner's duplicate
Certificate of Title to the ROD.
7.
Reconstitution proper of a new Original and
Owner's Duplicate Certificate of Title by the ROD.
What
are
reconstitution?
the
procedures
for
administrative
1.
The petition accompanied by three (3)
photocopies of the owner's authenticated duplicate
certificate of title; latest tax declaration and Notice
of Coverage (if DAR is the petitioner) and an
affidavit regarding circumstances of the property
are filed with the ROD concerned;
2.
3.
Processing by the Reconstituting Officer
designated by the LRA Administrator;
4.
Issuance of Order to Reconstitute by the
Reconstituting Officer;
5.
Review by the LRA Administrator of the
Order of Reconstitution and affirmation thereof, if
proper;
6.
Surrender of the Owner's or Co-Owner's
duplicate Certificate of Title to the ROD; and
7.
Issuance of reconstituted title and delivery
of owner's or co-owner's duplicate Certificate of
Title by the ROD concerned to the landowners or to
DAR.
Who will
proceedings?
shoulder
the
cost
of
the
reconstitution
FIELD INVESTIGATION
How will the landowner know that his or her land is being
covered by CARP?
A landowner who has been identified should be notified
by the MARO that his or her landholding is now covered by
issuing a Notice of Coverage personally delivered or sent by
registered mail. In that Notice, the landowner is also informed
of his or her right to select the retained area and of the field
investigation which will be conducted on the landholding.
A copy of the Notice shall also be posted for at least one
week on the bulletin board of the municipal and barangay halls
where the land is located.
After identifying and documenting the ownership of the
land, what must be done next?
QUALIFICATIONS OF BENEFICIARIES
be landless;
b.
be at least 15 years old or head of the
family at the time the property was transferred in
the name of the Republic of the Philippines; and
c.
have the willingness, ability and aptitude to
cultivate the land and make it as productive as
possible. (Section 23, Republic Act No. 6657)
Items (b) and (c) above are meant to ensure that the
recipients of the land will judiciously use it and make it a
productive agricultural land.
What is the definition of landless?
A landless person is defined by Section 25, RA 6657 as
one who owns less than three (3) hectares of agricultural land.
Section 7, RA 6657 also provides that an owner-tiller may still
be a beneficiary of another land he or she does not own but is
actually cultivating to the extent of the difference between the
area of the land he/she owns and the award ceiling of three
hectares.
Thus, a tenant who owns one hectare of agricultural land
may still qualify as a beneficiary for two hectares of land.
Who are disqualified from becoming beneficiaries?
a.
Those who fail to meet the qualifications as
provided for under Section 22 of RA 6657.
b.
Beneficiaries who have culpably sold,
disposed or abandoned their lands.
c.
Beneficiaries whose lands have been
foreclosed by the LBP or repossessed by the
landowner (in the case of VLT/DPS) for non-payment
of an aggregate of three annual amortizations.
d.
Beneficiaries who have converted their land
to non-agricultural use without prior approval by
DAR.
6.2
ORDER OF PRIORITY
a.
Qualified children. The qualified children of
the landowner are the first group entitled to be
beneficiaries of the land. They are entitled to
receive three hectares each.
b.
Tenants and Lessees. The next group is
composed of the agricultural lessees and share
tenants. These farmers are entitled to receive the
area of their tillage but not to exceed three (3)
hectares, he or she may be awarded an additional
area representing the difference, subject to the
availability of land.
c.
The order of priority then goes down as
follows:
*
regular farmworkers;
seasonal farmworkers;
other farmworkers;
*
actual tillers or occupants of public
lands;
*
collectives or cooperatives of the
beneficiaries; and
*
FARMWORKER BENEFICIARIES
Who is considered a farmworker?
these
farmworkers
can
qualify
as
SCREENING OF BENEFICIARIES
RETENTION LIMIT
area?
The area chosen for retention should be compact and
contiguous. It should also be least prejudicial to the entire
landholding and the majority of the farmers thereon. (Sec.
6, RA 6657 and AO 11, Series of 1990)
Can a landowner who owns properties in different
locations choose separate areas totaling five hectares from
among the said properties?
No. The law provides that the area to be retained should
be compact and contiguous.
7.6
1.
A landowner may sell the land even to one
not qualified to be a beneficiary, provided that after
the sale, the buyer will not own more than five
hectares of agricultural land.
2.
The landowner may not eject the tenants in
the retained area. The retained area is not covered
by the land acquisition components of CARP but
may still be covered by the leasehold provisions.
3.
The landowner may not convert the use of
the land from agricultural to non-agricultural use
without the approval of the DAR.
7.9
3.
Those who filed their applications after the
deadline but complied with the requirements of the
LOI cited above.
4.
Heirs of a deceased landowner who
manifested while still alive the intention to exercise
the right of retention prior to 23 August 1990 (the
finality of the Supreme Court decision on the
Association of Small Landowners vs. The Honorable
Secretary of DAR). Heirs must show proof of the
original landowner's intention. (AO No. 04, Series of
1991)
A landowner who retained seven hectares of rice land
under PD 27 now wants to retain an additional five hectares of
coconut land under RA 6657. Should the landowner's claim be
granted?
No. The landowner may not retain a total of twelve (12)
hectares. He/she may, however, voluntarily offer the sevenhectare rice land and apply for the retention of five hectares of
coconut land. Following the decision on the Association of
Small Landowners case, the landowner shall keep the seven
hectares originally retained in PD 27 while the five-hectare
coconut land shall be covered under CARP.
Note also that if a landowner retained only two (2)
hectares of rice land under PD 27, he/she may still retain three
hectares under RA 6657.
When is landowner deemed to have waived his/her right
of retention underPD 27?
As provided in DAR Administrative Order No. 04, Series of
1991, the performance of any of the following acts signifies
waiver:
1.
signing of the Landowner-Tenant Production
Agreement and Farmer's Undertaking (LTPA-FU)
covering the subject property;
2.
entering into a direct payment scheme
agreement as evidenced by a Deed of Transfer over
the subject property; and
3.
signing/submission of other documents
indicating consent to have the subject property
covered, such as the form-letter of the Land Bank
2.
3.
Title available but without technical
description;
4.
Surveyed untitled private property but
survey plan or technical description is not available;
5.
Awarded to survey contractor but not
submitted due to non-payment of contractor;
6.
Surveyed by administration but not
submitted in spite of request to submit the survey;
and
7.
Other defects.
CHAPTER 9
cost of acquisition
b.
c.
d.
actual use
e.
income
f.
g.
tax declaration
h.
i.
the social and economic benefits
contributed by the farmers and farmworkers and by
the government
j.
non-payment of taxes or loans secured from
any government financing institution on the land.
9.3
9.4
reform
beneficiaries
9.6
MODES OF COMPENSATION
How will landowners be compensated?
shall
be
under
the
following
terms
and
a.
Lands above 50 has. 25% cash; 75%
bonds
b.
Lands above 24-50 has. 30% cash; 70%
bonds
c.
Lands 24 has. & below 35% cash; 65%
bonds
Cash portion is increased by 5% for VOS.
Why not pay the landowners the full amount in cash?
The compensation package under CARP is already much
improved compared to the compensation schemes of past land
reform programs. This is so, precisely to make the program
more acceptable to landowners and facilitate the shift of their
capital from agriculture to industry.
*
other uses as the PARC may allow from
time to time.
9.8
PD 27 LANDS
Are PD 27 lands also covered by this valuation formula?
to
receive
1.
Landowners whose lands are actually
tenanted as of 21 October 1972 or thereafter and
covered by OLT;
2.
Landowners who opted for Government
financing through Land Bank of the Philippines as
the mode of compensation; and
3.
Landowners who have not yet been paid for
the value of their land.
In the case of landowners who were partially paid, the
yearly interest of six percent (6%) compounded annually shall
be applied to the unpaid balance.
What is the reckoning date in computing the interest?
EO 407 LANDS
What are EO 407 lands?
2.
Emancipation Patents/Certificates of Land
Ownership Award have been registered on or before
12 June 1991 regardless of whether or not the claim
folder is with the LBP.
CHAPTER 10
LAND DISTRIBUTION
10.1 BASIC PRINCIPLES IN LAND DISTRIBUTION
What are the basic principles in land distribution?
Land distribution is governed by the following basic
principles and policies:
a.
The CARP seeks to promote the
establishment of owner-cultivatorship of economicsize farms as the basis of Philippine agriculture;
b.
DAR's primary mandate is to distribute
agricultural lands to as many tenants and
farmworkers as possible. If the agricultural land is
untenanted or does not have farmworkers, it is the
responsibility of the DAR to locate qualified
beneficiaries pursuant to Section 22 and Section 7
of RA 6657;
c.
In general, lands shall be distributed directly
to the individual beneficiaries;
d.
The award of three hectares to the
beneficiaries is in line with the objective of forming
and maintaining economic-size family farms.
What Administrative Orders govern land distribution?
a.
Administrative Order No. 10, Series of
1990 entitled, "Rules and Procedures in the
Distribution of Private Agricultural Lands Agrarian
Reform Beneficiaries under RA 6657"; and
b.
Administrative Order No. 02, Series of 1992
entitled, "Supplemental Guidelines on AO No. 10,
Series of 1990, and Other Issuances the Rights of
Farmworkers".
b.
Certificates of Land Ownership Award
(CLOAs) for CA, VOS, and 407 lands, resettlement
areas and landed estates; and
c.
lessor when they fall due for a period of two years shall be a
ground for forfeiture of the CLT.
10.2 AWARD CEILING
How many hectares of land can an awardee get?
Individual beneficiaries may each receive the following
maximum hectarages:
a.
Three hectares under RA 6657 acquisition
modes (CA, VOS, VLT/DPS, EO 407);
b.
Three hectares for irrigated and five
hectares for unirrigated rice and corn lands covered
under the OLT program of PD 27; and
c.
Three hectares for awardees in settlement
areas and landed estates.
Potential beneficiaries who own less than three hectares
of agricultural land may still receive land under CARP but only
to the extent of the difference between the award limit of
three hectares and their present land ownership. For example:
Award
Ceiling
ARB owns
has.
3.0 has.
1.2
Total
ARB
Total
award
Area
Land
that
may
1.8 has.
ownership
3.0 has.
be
awarded
after
to
the
c.
The ARBs are consulted as to their preferred
mode of distribution, i.e., individual, collective or
co-ownership. Then, Land Distribution Folders are
prepared based on the ARBs' preference and
submitted to the PARO.
PARO
a.
Reviews all documents and generates the
Certificates of Land Ownership Awards (CLOAs).
b.
If ARBs prefer individual parcels, then the
PARO requests the DENR to conduct subdivision
survey.
c.
Submits the CLOAs to the DAR Regional
Office (DARRO) who causes them to be signed by
the Secretary.
d.
Registers the CLOAs with the ROD and
forwards them to the MARO for distribution.
e.
The ARBs are allowed to take possession of
the land and use it for production.
10.4 INDIVIDUAL VS. COLLECTIVE DISTRIBUTION
Is individual distribution always required?
No. According to Section 25, RA 6657, the beneficiaries
may opt for collective ownership, such as co-ownership or
farmers cooperative or some other form of collective
organization. However, the total area that may be awarded
shall not exceed the total number of beneficiaries multiplied
by three hectares, except in meritorious cases approved by
the PARC. Thus, nine ARBs under a co-ownership may receive
not more than 27 hectares.
Further, in case it is not economically feasible and sound
to divide the land as determined by the DAR, then it shall be
owned collectively by the worker beneficiaries.
Finally, to expedite land distribution, lands may be
initially awarded collectively and later distributed individually
after completion of the subdivision surveys.
This arrangement may be done for any CARP able land
whether private land or public land within proclaimed DAR
settlement projects or public land turned over to the DAR by
lands
covered
by
collective
CLOAs
be
e.
Record the registered CLOAs and transmit
the same to the MARO for redistribution to the
individual co-owners.
How will this generation of CLOAs be treated in reporting
accomplishment?
Landholdings covered by collective CLOAs already
reported as accomplishment by the DAR field office concerned
and subsequently subdivided and issued individual TCT-CLOAs
to the owners shall be reported and monitored separately in
the monthly reporting of the field offices. However, the area
covered by collective CLOA should not be reported again as
hectarage covered upon the issuance of the individual CLOAs.
Such activities shall be included in the program of the
field office concerned for proper funding.
10.5 RIGHTS AND OBLIGATIONS OF BENEFICIARIES
What are the obligations of the beneficiary?
All ARBs shall exercise the diligence of a good father of
the family in the use, cultivation, and maintenance of the land
including the improvements thereon. Negligence, misuse, or
unauthorized sale of the land, or any support extended to the
ARB shall be a ground for the forfeiture of his or her rights as a
beneficiary.
hereditary succession;
b.
to the Government;
c.
d.
5.
Sale, transfer, lease or other forms of
conveyance by a beneficiary of the right to use or
any other usufructuary right over the land acquired
by virtue of being a beneficiary in order to
circumvent the provisions of the different agrarian
laws. (Lands awarded underPD 27/EO 228,
however, may be transferred after full payment of
amortization).
6.
Default in the obligation to pay an
aggregate of three (3) consecutive amortizations in
*
5.0% of AGP on the fourth and fifth year;
and to
*
10.0% of AGP from the sixth to the thirtieth
year if this amortization ceiling is lower than the
regular amortization.
Simulation:
Annual Gross Production (AGP) established
during
land
valuation
92):
P15,000.00
(AO-06-
Cost
VOS/CA:
of
Capital
years:
Annual
=
Awarded
land
P22,706.38
Recovery
Factor
covered
of
0.07265
Regular Amortization:
P1,849.57
6%
22,706.38
by
for
x
30
0.07265
4th
050
6th
100
3rd
Year
:
P375.00
P15,000
5th
Year
:
P750.00
P15,000
Year
:
P1,500.00
P15,000
=
=
30th
=
*
Capital Recovery Factor at 6% per annum for
20 years
How about in lands already valued and financed by LBP
for which beneficiaries have started amortizing? Under PD 27,
the period of repayment is 15 years.
LBP shall extend the period of payment to twenty years.
How will the grant of increment of six percent (6%)
yearly interest compounded annually on OLT lands affect the
amortization payment by OLT beneficiaries?
Although this grant effectively raises compensation to
owners of OLT lands, agrarian reform beneficiaries will not be
affected. They shall continue to amortize the land on the basis
of the original land value.
PD 27 provides that lease rental payments made by the
farmer-beneficiary to the landowner after 21 October 1972
shall be considered as advance payment for the land. What
documents are required to serve as evidence of payment?
personal delivery
by the latter, less the computed lease rental for the duration of
the previous beneficiary's use of the land and other charges
provided by law.
11.4 PAYMENT IN LAHAR AFFECTED AREAS
Are the farmer-beneficiaries in lands affected by the Mt.
Pinatubo eruptions required to continue paying their
amortization?
The Joint DAR-LBP Administrative Order No. 03, Series of
1994 provides the policy guidelines and procedures to be
followed under this situation.
Payment of amortization shall be deferred if subject
landholding falls under Category I actually affected areas
(see Page 78 ) until such time that the land becomes
productive again, without prejudice to the farmer's voluntary
payment of amortization. The farmer, however, should first
notify the Land Bank in writing of his/her intention of deferring
payment and this must be approved by Land Bank.
If the landholding falls either under Category II not yet
affected or Category III lands covered by ashfall, the farmer
shall continue to pay the amortization.
Will payment also be deferred if the land is under
Category I but acquisition was through voluntary land transfer
or direct payment scheme?
Yes, but instead of notifying the Land Bank, the farmerbeneficiary concerned shall notify the landowner in writing
with the assistance of DAR of his/her intention to defer
payment.
CHAPTER 12
SUPPORT SERVICES
12.1 SUPPORT SERVICES TO LANDOWNERS
What support services shall be provided to the affected
landowners?
The support services provided to landowners are:
a.
investment information, financial and
counseling assistance;
b.
facilities, programs and arrangements for
exchange and marketing of LBP bonds; and
c.
other services intended to assist landowners
in productively utilizing the proceeds of the sales of
the land for rural industrialization.
What specific investment incentives are offered to
landowners?
If they invest in rural industries, they will be entitled to
incentives granted to a registered enterprise engaged in a
pioneer or preferred area of investment as provided for in
the Omnibus Investment Code of 1987, or to other incentives
which may be provided by PARC, LBP, or other government
financial institution.
If the landowners invest the proceeds in a Board of
Investment (BOI) registered company or in any agri-business
or agri-industrial enterprise in the region, the LBP shall redeem
the LBP bonds up to thirty percent (30%) of their face value.
(Section 38, RA 6657)
Desk
Officer
shall
have
the
following
1.
Answer landowners' queries and receive
complaints and other concerns brought by the
landowners to the attention of DAR;
2.
Refer these concerns to appropriate DAR
units or to the LBP-Land Valuation Office, or other
government agencies for resolution;
3.
and
4.
Assist landowners in close coordination with
LBP, with investment requirements, especially in
recycling land transfer payments back to the
countryside.
12.2
SUPPORT
SERVICES
BENEFICIARIES
TO
AGRARIAN
REFORM
a.
b.
liberalized terms on credit facilities and
production loans;
c.
d.
institutional development;
e.
marketing and management assistance and
support to cooperatives and farmers organizations;
and
f.
infrastructures
CHAPTER 13
AGRICULTURAL LEASEHOLD
13.1
a.
RA 1199 (An Act to Govern the Relations
Between Landholders and Tenants of Agricultural
lands.) (Leasehold and Share Tenancy) 30 August
1954. Under this law, the tenant was given the right
to choose a leasehold tenancy arrangement.
b.
RA 3844 An Act known as Agricultural
Land Reform Code Instituting Land Reform in the
c.
That there is consent by the landowner for
tenant to work on the land, given either orally or in
writing, expressly or impliedly;
d.
e.
That there is personal cultivation or with the
help of the immediate farm household; and
f.
That there is compensation in terms of
payment of a fixed amount in money and/or
produce
What is meant by personal cultivation?
There is personal cultivation if the tenant cultivates the
land himself/herself or with the aid of the immediate farm
household. Immediate farm household refers to the members
of the family of the lessee and other persons who are
dependent upon him/her for support and who usually help
him/her in the activities.
Why should there be leasehold even in coconut lands or
other permanent crops when there is practically no
"cultivation" involved?
Cultivation has been defined in separate court rulings as:
"not limited to the plowing and harrowing of the
land, but also husbanding of the ground to forward the
products of the earth by general industry, the taking
care of the land and fruits growing thereon, fencing of
certain areas, and the clearing thereof by gathering
dried leaves and cuffing of grasses. In coconut lands,
cultivation includes the clearing of the landholding, the
gather of coconuts, their piling, husking and handling,
as well as the processing thereof into copra, although at
times with the aid of hired laborers" (Coconut
Cooperative Marketing Association, Inc. vs. Court of
Appeals, Nos. L-4681-83, August 19, 1988, 164 SCRA
568; Wenceslao Hernandez vs. Hon. Intermediate
Appellate Court et al, G.R. No. 74323, September 21,
1990, 189 SCRA 758).
d.
His/her fault or negligence resulted in the
substantial damage, destruction, or unreasonable
deterioration of the land or any permanent
improvement thereon;
e.
He/she does not pay the lease rental when it
falls due except when such non-payment is due to
crop failure to the extent of 75 percent as a result
of a fortuitous event; or
f.
He/she employed a sublessee. (Section
36, RA 3844, as amended)
The dispossession shall be by a final and executory
judgment.
What if a lessee employed hired labor but religiously
pays the lease rental to the landowner?
The lessee can only employ hired labor if he/she is
temporarily incapacitated and has no immediate family
household who will do the cultivation.
Is the agricultural leasehold relation extinguished by the
death or permanent incapacity of any of the parties?
No. In case the tenant-lessee dies or is permanently
incapacitated, the leasehold relation shall continue between
the agricultural lessor and the member of the lessee's
immediate farm household who can personally cultivate the
land. Such person shall be chosen by the lessor within one
month from such death or permanent incapacity from among
the following:
a.
b.
the eldest direct descendant by
consanguinity; or
c.
the next eldest descendent or descendants
in the order of their age.
If the death or personal incapacity of the lessee occurs
during the agricultural year, the choice by the lessor shall be
done at the end of that agricultural year. If the lessor fails to
exercise his choice within the prescribed period, the above
mentioned order of priority shall be followed. In case of death
or permanent incapacity of the lessor, the leasehold relation
shall bind his/her legal heirs.
a.
Cultivate and take care of the farm, growing
crops, and other improvements on the land and
perform all the work therein in accordance with
proven farm practices;
b.
Inform the lessor within a reasonable time
of any trespass committed by third persons on the
farm, without prejudice to his/her direct action
against the trespasser;
c.
Take reasonable care of the work animals
and farm implements delivered to him/her by the
lessor and see to it that they are not used for
purposes other than those intended, or used by
another without the knowledge and consent of the
lessor;
If any of such work animals or farm
implements get lost or damaged due to the lessee's
negligence, he/she shall pay the lessor the
equivalent value of the work animals or farm
implements at the time of the loss or damage;
d.
Keep the farm and growing crops attended
to during the work season. In case of unjustified
abandonment or neglect of his/her farm, any or all
of the expected produce may, upon order of the
appropriate body or court, be forfeited in favor of
the lessor to the extent of the damage caused
thereby; and
e.
To pay the lease rental to the lessor when it
falls due.
1.
enter into a contract with the sugar central
or millers for the milling of sugar cane grown on the
leased property;
2.
be issued a warehouse receipt (quedan) or
molasses storage certificate by the sugar central
for the manufactured sugar, molasses and other byproducts.
3.
have free access to the sugar central's
factory, facilities and laboratory for purposes of
checking and/or verifying records and procedures;
4.
be furnished a weekly statement of cane
and sugar account showing, among other things,
the tonnage of the delivered cane and analysis of
the crusher juice;
5.
be given thirty (30) days notice in writing
before the sugar and other by products are sold
through public auction; and
6.
be provided with the standard tonnage
allocation by the miller/sugar central.
What if the sugar central/miller refuses to recognize the
rights of the lessee?
In cases of such refusal by the sugar/miller, then the
lessee with the assistance of DAR and/or the cooperative of
which he/she is a member of, should file a petition with the
DARAB.
What if the land under lease is subject of an approved
land use conversion applications?
The lessee may be dispossessed of his/her tillage if such
land is subject of an approved land use conversion application,
provided the lessee is given a disturbance compensation
equivalent to five (5) times the average of the gross harvests
on his/her land during the last five (5) preceding calendar
years, and such other benefits he/she is entitled to as provided
for by law.
13.4 RIGHTS AND RESPONSIBILITIES OF LESSOR
What are the rights of the lessor?
Section 29 of RA 3844 provides that it shall be the right
of the lessor to:
a.
Inspect and observe the extent of
compliance with the terms and conditions of the
leasehold contract;
b.
Propose a change in the use of the
landholding to other agricultural purposes, or in the
kind of crops planted;
c.
Require the lessee, taking into consideration
his/her financial capacity and the credit facilities
available to him/her, to adopt proven farm practices
necessary to the conservation of the land,
improvement of the fertility and increase in
productivity; and
d.
a.
To dispossess the lessee of his/her
landholding except upon authorization by the Court
under Section 36, RA 3844;
b.
To require the lessee to assume, directly or
indirectly, the payment of the taxes or part thereof
levied by the government on the landholding;
c.
To require the lessee to assume, directly or
indirectly any rent or obligation of the lessor to a
third party;
d.
To deal with millers or processors without
written authorization of the lessee in cases where
the crop has to be sold in processed form before
payment of the lease rental;
e.
To discourage, directly or indirectly, the
formation, maintenance or growth of unions or
organizations of lessees in his/her landholding;
f.
For coconut lands, indiscriminate cutting of
coconut trees will be deemed a prima facie
evidence to dispossess the tenant of his/her
landholding unless there is written consent of the
lessee and there is certification by the Philippine
Coconut Authority (PCA), copy of the findings and
fine or imprisonment;
b.
damages suffered by the agricultural lessee
in addition to the fine or imprisonment for
unauthorized dispossession;
c.
payment of attorney's fees incurred by the
lessee; and
d.
14.1 COVERAGE
a.
Any enterprise owning or operating
agricultural lands under lease, management
contract, production venture or other similar
arrangement;
b.
Multinational Corporations engaged in
agricultural activities; and
c.
Commercial farms devoted to aquaculture
including salt beds, fishponds and prawn ponds,
fruit farms, orchards, vegetable and cut flower
farms, and cacao, coffee and rubber plantation.
Why are these employers required to execute production
and profit sharing plan with their farmworkers?
Section 2 of RA 6657 declared that agrarian reform
program is founded on the right of the farmers and regular
farmworkers, who are landless, to own directly or collectively
the lands they till, or in the case of other farmworkers, to
receive a just share of the fruits thereof.
This mandated production and profit sharing plan is in
pursuit of this avowed principle of agrarian reform. While
awaiting for final land or stock distribution until the end of the
deferment period in the case of commercial farms, or full
control of the land in the case of lease back arrangements,
farmworkers can realize an improvement in their farm income.
Who are the employees covered?
All farmworkers of covered employers, regardless of
duration, who are directly working on the land of the
corporation or other entities, whether classified as regular,
seasonal, technical or other farmworkers are covered in the
mandated Production and Profit Sharing Plan. They should not,
however, own more than three (3) hectares of agricultural
land.
14.2 DAR's AUTHORITY
What is the power given to the DAR in the
implementation of production and profit sharing plan under
the CARP?
or
authorized
1.
To order and administer compliance with the
Production Sharing provisions of EO 229 and
Production/Profit Sharing provisions of RA 6657;
2.
To require covered employers to submit
report on the distributed production/profit shares;
3.
To compel the production of books and
documents of covered employers;
4.
To compel answers to questions needing
clarifications to shed light on problems encountered
in the implementation;
5.
6.
To enforce its writs through sheriffs or other
duly deputized officers.
14.3 MAIN FEATURES
What are the main features of the mandated plan?
EO 229
for socialized housing shall be processed under Joint NEDADAR Memorandum Circular No. 01, Series of 1993 issued
pursuant to Executive Order No. 124, Series of 1993 of the
Office of the President.
16.4 DAR's ROLE IN CONVERSION
Operationally, what is the DAR's role in land use
conversion?
16.5
3.
If the city/municipality does not have a
comprehensive development plan and zoning
ordinance duly approved by HLRB/SP but the
dominant use of the area surrounding the land
subject of the application for conversion is no
longer agricultural, or if the proposed land use is
similar to; or compatible with the dominant use of
the surrounding areas as determined by the DAR.
In all cases, conversion shall be allowed only if the DENR
issues a certification that the conversion is ecologically sound.
May conversion be granted for lands covered by a notice
of acquisition?
No. No application for conversion shall be given due
course if the subject land has been covered by any of the
following:
a.
Notice of Acquisition under compulsory
acquisition or voluntary offer to sell;
b.
Application for stock distribution duly
received by DAR; or
c.
Perfected VLT/DPS agreement between the
landowner and the beneficiaries.
What other lands are non-negotiable for conversion?
Pursuant to Administrative Order No. 20, Series of
1992 (Interim Guidelines on Agricultural Land Use Conversion
and Memo Circular No. 54, Series of 1993both of the Office of
the President, the following are non-negotiable for conversion.
1.
All irrigated lands where water is available
to support rice and other crop production.
2.
All irrigated lands where water is not
available for rice and other crop production but
within areas programmed for irrigation facility
rehabilitation by the Department of Agriculture (DA)
and the National Irrigation Administration (NIA).
3.
All irrigable lands already covered by
irrigation projects with firm funding commitments
at the time of the application for land use
conversion or reclassification.
also
entitled
to
disturbance
What shall the DAR do in case the ARBs are asking for a
disturbance compensation above the level prescribed by law?
The DAR's principal responsibility in such case is to
explain the provisions of the law to the farmers. The DAR may
try to persuade the parties, particularly the landowner, to a
compromise but any increase beyond the legal requirement is
at the discretion of the landowner.
3.
Center for Land Use Policy, Planning and
Implementation (CLUPPI)
*
reviews and evaluates all land use
conversion folders received from RCLUPPI;
*
whenever necessary, conducts field
investigation on the area and holds dialogues
with government officials and entities,
accredited NGOs and affected farmers and
farmworkers with the assistance of the MARO;
*
for lands fifty (50) hectares or less,
prepares the draft order recommending
approval or denial and forwards the same to
the Undersecretary for Policy and Planning
who shall act on it within 45 working days
from the date of receipt of folder from the
RCLUPPI;
*
for areas above 50 hectares, prepares
fact sheet and accomplishes the findings and
recommendations and forwards these to the
PARC Land Use Technical Committee (PLUTC)
for further review within ten (10) days from
receipt of the folder from RCLUPPI;
*
submits quarterly report on the status
of all applications to the Secretary, through
5.
PARC Land Use Technical Committee
(PLUTC):
*
reviews completeness and consistency
of all folders received from CLUPPI, requires
submission of additional documents or
information and conducts field investigation (if
necessary);
*
recommends approval or disapproval
of applications for conversion of lands above
fifty (50) hectares and forwards the same to
the Secretary for his consideration.
6.
DAR Secretary:
*
approves or disapproves land use
conversion applications involving above 50
hectares within five (5) working days from
receipt of folder; and
*
reclassification
differ
from
land
use
5%
the
requirements
and
procedures
for
a.
The city or municipal development council
shall recommend to the Sangguniang Panglunsod or
Sangguniang Bayan, as the case may be, the
reclassification of agricultural lands within its
jurisdiction.
b.
Before enacting the ordinance reclassifying
agricultural lands, the Sanggunian concerned must
first secure the following certificates:
1.
Certification from DA indicating the
total area of existing agricultural lands in the
city or municipality, that such lands are not
classified as non-negotiable for conversion or
reclassification; and that the land has ceased
to be economically feasible and sound for
agricultural purposes.
2.
Certification from DAR indicating that
such lands are not distributed, or not covered
by a notice of coverage or not voluntarily
offered for coverage under CARP.
c.
The application shall be submitted to the
HLRB which upon receipt shall conduct initial review
to determine if:
1.
the city or municipality has an existing
comprehensive land use plan reviewed and
approved in accordance withExecutive Order
No. 72 (1993); and
2.
the proposed reclassification complies
with the limitations prescribed under Section 1
of Memo Circular No. 54.
d.
The Sanggunian shall conduct public
hearings for the purpose.
e.
Upon receipt of the required certification
from the government agencies, the Sanggunian
concerned may now enact an ordinance authorizing
c.
Section 73 prohibits the sales, transfer,
conveyance or change of the nature of lands
outside of urban centers and city limits either in
whole or in part after the effectivity of RA 6657;
The same section also prohibits the sale,
transfer or conveyance by a beneficiary of the right
to use or any other usufructuary right over the land
he/she acquired by virtue of being a beneficiary, in
order to circumvent the provisions of CARL;
d.
Section 27 of RA 6657 further provides that
the lands acquired by beneficiaries may not be
sold, transferred or conveyed except through
hereditary succession or to the government or to
other qualified beneficiaries for a period of ten
years. Provided, however, that the children or the
spouse of the transferor shall have a right to
repurchase the land from the government or LBP
within a period of two (2) years; and
e.
Presidential Decree No. 27 originally
prohibited the transfer of title to land acquired
pursuant to this Decree except by hereditary
succession or to the government in accordance with
RIGHT OF PRE-EMPTION
What is the right of pre-emption?
Under
Section
11
of RA
3844,
in
case
the
landowner/lessor decides to sell his tenanted/leased land,
he/she must first offer to sell the landholding to the tenant or
lessee thereof who has the preferential right to buy the same
under reasonable terms and conditions imposed therein.
If the land has two or more agricultural tenants or
lessees in the same landholding, how will they exercise their
right of pre-emption?
Section 11 of RA 3844 provides that if there are two or
more agricultural tenants or lessees, each shall be entitled to
said preferential right only to the extent of the area actually
cultivated by him/her.
What is the prescribed period imposed by law in the
exercise of the right of pre-emption?
The right of pre-emption may be exercised within one
hundred eighty (180) days from notice in writing, which shall
be served by the owner to all tenants or lessees affected.
17.5
RIGHT OF REDEMPTION
What is the right of redemption?
VALID TRANSACTIONS
What are the valid transactions under the CARP?
The following transactions are valid:
a.
Those executed by the original landowner in
favor of a qualified beneficiary from among those
certified by DAR;
b.
Those in favor of the government, DAR or
the LBP;
c.
Those covering lands retained by the
landowner under Section 6 of RA 6657, executed in
favor of the transferee whose total landholdings
inclusive of the land to be acquired do not exceed
five hectares, subject, however, to the right of preemption and/or redemption of tenant/lessee under
Sections 11 and 12 of RA 3844, as amended;
d.
Those executed by ARBs covering lands
acquired under any agrarian law in favor of the
government, DAR, LBP or other qualified
beneficiaries certified by DAR; and
e.
Those executed after ten (10) years from
the issuance and registration of the Emancipation
Patent (EP) or Certificate of Land Ownership Award
(CLOA).
17.7
INVALID TRANSACTIONS
What are the invalid transactions under CARP?
The following transactions are not valid:
a.
Sale, disposition, lease, management
contract or transfer of possession of private lands
PUBLIC LANDS
18.1
a Filipino citizen;
2.
3.
does not own other landholdings, the
aggregate area of which does not exceed the limits
allowed for the particular type of public land
application;
4.
SETTLEMENT AREAS
landless;
2.
Filipino citizen;
3.
Actual occupant/tiller who is at least 18
years of age or head of the family at the time of
filing of application; and
4.
Has the willingness, ability and aptitude to
cultivate and make the land productive.
4.
Returnees/surrenderees; and
5.
Filipino citizen;
2.
At least 15 years of age or head of the
family at the time of filing of application; and
3.
Applicant or his/her spouse is not the ownerawardee or allocatee of another homelot,
residential, commercial or industrial lot.
What is the award ceiling for such types of lands within
settlement areas?
A qualified applicant is entitled to acquire only one
homelot or one residential/commercial or industrial lot with an
area not more than one thousand (1,000) square meters.
However, an awardee or allocatee of a homelot or residential
lot may still be allowed to acquire one commercial or industrial
lot following the provisions of AO No. 01, Series of 1992.
What are the modes of disposition of homelots and other
types of lots?
1.
Homelots and residential, commercial and
industrial lots shall be disposed of by direct sale to
qualified actual occupants. If the occupant is not
qualified, the lot may be sold to the qualified
members of the family. If there is none, then the lot
shall be considered vacant and shall be disposed of.
2.
Vacant homelots in barangay sites shall be
disposed of through public raffle to qualified
applicants.
3.
Vacant residential, commercial and
industrial lots shall be disposed of through public
bidding, to the highest qualified bidder. However,
no bid should be less than the appraised value of
the lot.
4.
Lots allotted to or intended for public use,
whether within barangay sites or town sites shall be
turned over by the DAR to the particular
government entity or agency concerned.
5.
An allocatee occupying the lot allocated or
awarded to him/her before the effectivity of said AO
01-92 shall be issued a CLOA upon payment of the
cost of the land.
6.
An allocatee or awardee occupying a
different lot allocated or awarded to him/her before
effectivity of the above mentioned AO shall be
awarded the correct lot and issued a CLOA upon full
payment the lot.
7.
Awards/allocations of absentee beneficiaries
shall be cancelled and the lot shall be awarded and
titled to the actual occupants.
How much is the cost of these lots?
For homelots, the cost should not be less than three
pesos (P3.00) per square meter; for residential, ten pesos
(P10) per square meter; and fifteen pesos (P15) for industrial
and commercial lots allocated or awarded prior to AO No. 0192.
18.4
8.
Lands where the actual occupant or
claimant may already be entitled to a free patent
under RA 6940 (continuous occupation and
cultivation by himself or through his predecessorsin-interest for at least thirty (30) years prior to 16
April 1990, among other requirements). The
claimant may be allowed to perfect his/her rights
through the DENR. However, occupants or
claimants who prefer to become ARBs instead shall
be included in the CARP if qualified.
9.
All lands that are unclassified or classified
as Timberland or Forest Land, National Parks or
Mineral Lands, even if occupied and fully cultivated.
Instead, the occupants shall be referred to the
DENR for possible inclusion in the ISFP program.
Will these lands be paid for by the beneficiaries?
No, except for the payment of the proportionate
cadastral survey costs as determined by the DENR. If such
survey cost is not paid by the ARB at the time of the CLOA
issuance, this shall be annotated as a lien on the title.
18.5 LANDS OF THE PUBLIC DOMAIN COVERED BY
CANCELLED OR EXPIRED PASTURE LEASE AGREEMENTS
(PLAs) AND TIMBER LICENSE AGREEMENTS (TLAs)
PER EO 407
What rules govern the CARP coverage of lands of the
public domain covered by expired PLAs and TLAs?
Joint DAR-DENR Administrative Order No. 02, Series of
1992 provided the rules and procedures on the disposition of
lands of the public domain covered by cancelled or expired
Pasture Lease Agreements (PLAs) and Timber License
Agreements (TLAs), following the provisions of Executive Order
No. 407 dated 14 June 1990.
2.
regular farmworkers;
3.
seasonal farmworkers;
4.
other farmworkers;
5.
6.
collective or cooperative of the above
beneficiaries; and
7.
e.
If applicant mortgaged or sold his/her
right and left the area: Cancel OA/CLT and
issue CLOA to qualified actual occupant/tiller;
f.
If occupying the wrong lot: Issue CLOA
for lot actually occupied and cancel OA/CLT ;
g.
If absentee OA/CLT holder: Cancel
OA/CLT and issue CLOA to qualified actual
occupant/tiller.
If actual occupant has no OA/CLT:
a.
and has no other supporting
documents: Issue CLOA provided occupant is
qualified and there is no adverse claimant to
the subject lot;
b.
with transfer document (waiver of
rights of previous awardee): Issue CLOA if
with DAR approval; and if without DAR
approval, still, issue CLOA provided occupant
is qualified and there is no adverse claimant;
3.
Prepare Land Distribution Folder for Landed
Estates for applicants recommended for issuance of
CLOA.
4.
Endorse the LDF to PARO for review and
approval as a basis for CLOA preparation.
5.
Prepare a list of vacant and unawarded lots
and lots with awards recommended for
cancellation.
6.
Post the list of vacant and unallocated lots
and lots with awards recommended for cancellation
for 15 days at the MARO office and other
conspicuous places within the landed estate.
7.
Identify and prioritize the list of farmerbeneficiaries in close coordination with the BARC for
consideration in the distribution of available lots.
8.
Prepare separate Land Distribution Folders
for new beneficiaries; and
9.
Endorse LDF to PARO for review and
consolidation.
4.
Failure to cultivate the lot for a period of six
(6) consecutive months from the date subject lot
was awarded; and
5.
Death of awardee if he/she has no qualified
heir. (A.O. No. 3, Series of 1990)
What is the award ceiling for qualified beneficiaries?
The award ceiling shall not be more than three hectares.
However, qualified beneficiaries who have occupied and
cultivated the land and established their vested rights prior to
15 June 1988 in accordance with then existing laws shall be
awarded the legal limits allowed by said laws.
In the case of homelots, the award ceiling shall be 1,000
square meters.
Who are the qualified beneficiaries?
1.
Landless;
2.
Filipino citizen;
3.
Actual occupant/tiller who is at least 15
years of age or head of the family at the time of
filing of applicant; and
4.
Has the willingness, ability and aptitude to
cultivate and make the land productive.
CHAPTER 20
BARANGAY AGRARIAN REFORM COMMITTEE (BARC)
20.1
the
are
the
are
as
(4)
2.
non-beneficiary farmers and
farmworkers
(1)
3.
agricultural cooperatives and other farmer
organizations
(1)
4.
landowners
(1)
(1)
8.
Department of Agriculture official
assigned in the area
(1)
9.
Department of Environment and Natural
Resources
official assigned in the
area
(1)
10.
DAR Agrarian Reform Program
Technologist
assigned in the
area
)
(1
the
non-beneficiary
farmer
and
Who are the BARC officers and how are they elected?
There are three elected positions in the BARC. These are
the Chairperson, Vice Chairperson, and an Assistant Secretary
(The BARC Secretary is automatically the DAR ARPT).
These three officers are elected by the sectoral
representatives the regular voting members. Hence, all
BARC officers are residents of the barangay.
The thirteen-member BARC shall form different
committees based on need and priority activities. They shall
select the committee heads deemed as appropriate.
BARCs
be organized
in
all
the
barangays
3.
Large number of actual and potential
beneficiaries; and
4.
Willingness of the ARBs in the community to
organize/strengthen the BARC.
These criteria are very similar to the criteria set for ARC
selection. Given the ARC development thrust of the
Department, priority should therefore be given to ARC areas.
When should BARCs be organized?
BARCs are organized or should be reorganized if the
community is fully aware of and feels the need for it. BARCs
are formed out of the people's willingness to address agrarian
reform issues and problems. Its formation cannot be forced,
otherwise, the spirit of volunteerism will not be present. If its
formation is forced, the people will perceive it as a burden and
members will expect DAR to financially support them as
compensation for their work.
Should a BARC be organized even if there are no farmer
organizations, associations or cooperatives in the barangay?
Initial efforts of DAR and partner NGOs should be focused
on encouraging the organization of ARBs instead of the
formation of a BARC.
b.
briefs the FOs and/or NGOs about
BARC;
c.
identifies the areas where the BARC
will be organized in coordination with the
FOs/NGOs; and
d.
identifies together with the FO/NGO
the respective responsibilities of each sector.
In areas where there is no existing FO/NGO, the
MARO takes a more active role in the formation of
base groups.
2.
BARC Organization. When the sectors are
fully aware of the need to organize BARC, the
MARO, together with the FOs and/or NGOs, convene
the representatives of the sectors concerned to
discuss with them the CARL, the functions of the
3.
BARC en banc.
the
panel
of
of
the
panel
of
Members
of
the
panel
of
mediators/conciliators/arbitrators are designated by the BARC
chairperson upon recommendation of other members.
What happens if a member of the panel fails to attend
the mediation/conciliation conference?
The presence of two members in any panel constitutes a
quorum to do business. The chairperson may also replace any
member who is absent or incapacitated.
What are the procedures to be followed in the settlement
of disputes by the BARC ?
Administrative Order No. 08, Series of 1994 spelled out
the procedures for the settlement of agrarian disputes.
1.
A written or verbal complaint shall be
lodged with the BARC. Written complaints shall be
in Mediation and Conciliation M/C Form 1 while
verbal complaint shall be reduced in writing by the
BARC Chairperson or Secretary.
2.
The BARC Chairperson interviews the
complainant regarding vital information.
3.
The BARC Chairperson issues a Notice of
Meeting to both the complainant and defendant.
4.
The BARC en banc, panel or the Chairperson
then endeavors to have the contending parties
agree to an amicable settlement. All agreements
are written down and signed by the contending
parties.
1.
Cases involving the rights and obligations of
persons engaged in the management, cultivation
and use of all agricultural lands covered by the
CARP and other agrarian laws;
2.
Cases involving the valuation of land and
preliminary determination and payment of just
compensation, fixing and collection of lease rentals,
disturbance compensation, amortization payments
and similar disputes concerning the functions of the
Land Bank of the Philippines (LBP);
3.
Cases involving the annulment or
cancellation of lease contracts or deeds of sale or
their amendments involving lands under the
administration and disposition of the DAR or LBP;
4.
Cases arising from, or connected with
membership or representation in compact farms,
farmers' cooperatives and other registered farmers'
associations or organizations, related to lands
covered by the CARP and other agrarian laws;
5.
Cases involving the sale, alienation,
mortgage, foreclosure, pre-emption and redemption
of agricultural lands under the coverage of the
CARP or other agrarian laws;
6.
Cases involving the issuance, correction and
cancellation of Certificates of Landownership Award
(CLOAs) and Emancipation Patents (EPs) which are
registered with the Land Registration Authority;
7.
Cases previously falling under the original
and exclusive jurisdiction of the defunct Court of
Agrarian Relations under Section 12 of Presidential
Decree No. 946, except sub-paragraph (2) thereof
and Presidential Decree No. 815; and
8.
Such other agrarian cases, disputes,
matters or concerns referred to it by the DAR
Secretary.
However, matters involving strictly the administrative
implementation of the CARP and agrarian laws and
regulations, shall be the exclusive prerogative of and
cognizable by the DAR Secretary.
Is the rule that the DARAB cannot take cognizance of any
agrarian dispute unless there is a certification of the BARC
where the land is located that the dispute has not been
successfully settled absolute?
No. Rule III of the DARAB Revised Rules of Procedure
allows the DARAB to take cognizance of an agrarian dispute
even without the BARC certification if:
1.
The dispute does not fall under any of the
exceptions enumerated;
2.
The required certification cannot be
complied with for valid reasons like the nonexistence or non-organization of the BARC or the
impossibility of convening it. The PARO shall
conduct mediation and conciliation proceedings and
issue a certification to that effect;
3.
It involves resolving and disposing of
preliminary incidents related to the case, such as
motion for the issuance of status quo orders,
temporary restraining orders, preliminary
injunctions and such similar motions necessitating
immediate action.
However, the lack of the required certification cannot be
made a ground for the dismissal of the action. Every