Professional Documents
Culture Documents
D. RA 6657 is Constitutional
In the case of Association of Small Landowners in the Philippines,
Inc. v. Secretary of Agrarian Reform, 1 the Supreme Court held:
"The case before us presents no knotty complication insofar as the
question of compensable taking is concerned. To the extent that the
measures under challenge merely prescribe retention limits for
landowners, there is an exercise of the police power for the regulation
of private property in accordance with the Constitution. But where, to
carry out such regulation, it becomes necessary to deprive such
owners of whatever lands they may own in excess of the maximum
area allowed, there is definitely a taking under the power of eminent
domain for which payment of just compensation is imperative. The
taking contemplated is not a mere limitation of the use of the land.
1
1. Under Section 102, excluded from the coverage of the CARL are
lands actually, directly and exclusively used for:
a.
b.
c.
d.
e.
f.
Parks;
Wildlife;
Forest reserves;
Reforestation;
Fish sanctuaries and breeding grounds;
Watersheds and mangroves.
2. Private lands actually, directly and exclusively used for prawn farms
and fishponds shall be exempt from the coverage of this Act:
Provided, That said prawn farms and fishponds have not
been distributed and Certificate of Land Ownership Award
(CLOA) issued to agrarian reform beneficiaries under the
Comprehensive Agrarian Reform Program.
In cases where the fishponds or prawn farms have been subjected
to the Comprehensive Agrarian Reform Law, by voluntary offer to
sell, or commercial farms deferment or notices of compulsory
acquisition, a simple and absolute majority of the actual regular
workers or tenants must consent to the exemption within one (1)
year from the effectivity of this Act. When the workers or tenants
do not agree to this exemption, the fishponds or prawn farms shall
be distributed collectively to the worker - beneficiaries or tenants
who shall form a cooperative or association to manage the same.
3. Likewise, excluded from the coverage the CARL are lands actually,
directly and exclusively used and found to be necessary for:
a. National defense;
b. School sites and campuses including experimental farm stations
operated by public or private schools for educational purposes;
c. Seeds and seedling research and pilot production center;
d. Church sites and convents appurtenant thereto;
e. Mosque sites and Islamic centers appurtenant thereto;
f. Communal burial grounds and cemeteries;
g. Penal colonies and penal farms actually worked by the inmates;
and
h. Government and private research and quarantine centers.
4. All lands with eighteen percent (18%) slope and over which are not
developed for agriculture are exempted from the coverage of CARL.
*
The two tenancy systems are distinct and different form each
other. In sharehold, the tenant may choose to shoulder, in
addition to labor, any one or more of the items of contributions
(such as farm implements, work animals, final harrowing,
transplanting), while in leasehold, the tenant or lessee always
shoulders all items of production except the land. Under the
sharehold system, the tenant and the landholder are comanagers, whereas in leasehold, the tenant is the sole manager
of the farmholding. Finally, in sharehold tenancy, the tenant and
the landholder divide the harvest in proportion to their
contributions, while in leasehold tenancy, the tenant or lessee
gets the whole produce with the mere obligation to pay a fixed
rental. [People v. Adillo 5]
Sharehold
Leasehold
Expenses of Production
Tenant and
Landowner
Tenant
Management
Tenant and
Landowner
Tenant
Payment
Tenant and
landowner divide the
harvest in proportion
to their contributions.
68 SCRA 90.
lease, the purpose may be for any other lawful pursuit. As to the
law that governs, the civil law lease is governed by the Civil Code,
whereas leasehold tenancy is governed by special laws. [Gabriel v.
Pangilinan6]
Leasehold Tenancy
Subject Matter
Agricultural lands
only
Tenant must
personally cultivate
Purpose
Agriculture only
Governing Law
Special laws
Civil Code
58 SCRA 590.
such lands;
b. Distributed within sixty (60) days of the end of the fiscal year;
c. Treated as additional compensation to regular and other farmworkers of such lands;
d. During the transitory period (before the land is turned over to
the farmworker-beneficiaries), at least one percent (1%) of the
gross sales shall be distributed to the managerial, supervisory
and technical group; and
e. If profit is realized, an additional ten percent (10%) of the net
profit after tax shall be distributed to the regular and other
farmworkers within ninety (90) days of the end of the fiscal year.
V. Registration
A. Within 180 days from the effectivity of CARL, landowners, natural or
juridical, shall file a sworn statement in the assessor's office the following information:
a.
b.
c.
d.
retention.
B. Procedure
1. Voluntary Land Transfer (VLT) [Section 20]
a. Must be submitted to the DAR within one year from effectivity of
the CARl;
b. Must not be less favorable to the transferee than those of the
government's standing ; and
c. Shall include sanctions for non-compliance by either party and
shall be duly recorded and its implementation monitored by the
DAR.
D. Only those submitted by June 30, 2009 shall be allowed.
2. Compulsory Acquisition [Section 16]
a. Notice to acquire the land shall be sent to the landowner and the
beneficiaries. The notice shall also be posted in a conspicuous
place in the municipal building and the barangay hall of the
place where the property is located.
b. Within thirty (30) days from receipt of the written notice, the
landowner shall inform the DAR of his acceptance or rejection of
the offer.
c. If the offer is accepted, the LBP pays the landowner and within
thirty (30) days, the landowner executes and delivers a deed of
transfer to the Government and surrenders the Certificate of
Title and other muniments of title.
d. In case of rejection or failure to reply, the DAR shall conduct
summary administrative proceedings to determine the
compensation. If he does concur with the compensation determined by the DAR, he can the matter to the Courts.
e. Payment of the just compensation as determined by the DAR or
the Court.
f. Registration with the Register of Deeds for the issuance of
Transfer Certificate of Title in the name of the Republic of the
Philippines.
g. Standing Crops: The landowner shall retain his share of any
standing crops unharvested at the time the DAR shall take
possession of the land and shall be given reasonable time to
harvest the same (Section 28).
C. Compensation
1. Determination of Just Compensation.
In determining just compensation, the cost of acquisition of the
land, the value of the standing crop, the current: value of like
properties, its nature, actual use and income, the sworn valuation
by the owner, the tax declarations, the assessment made by
government assessors, and seventy percent (70%) of the zonal
valuation of the Bureau of Internal Revenue (BIR), translated into a
basic formula by the DAR shall be considered, subject to the final
decision of the proper court. The social and economic benefits
contributed by the farmers and the farmworkers and by the
Government t o the property as well as the nonpayment of taxes or
loans secured from any government financing institution on the
said land shall be considered as additional factors to determine its
valuation [Section 17].
2. Under EO 405 (1990), Land Bank of the Philippines shall be
primarily responsible for the determination of the land valuation
and compensation.
3. Mode of Payment [Section 18]
a. Cash under the following scheme:
i. For lands above 50 hectares
ii. For lands above 24 and up to 50
iii. For lands 24 and below
*
:
:
:
25%
30%
35%
Land Redistribution
Under the CARL, the LBP may foreclose on the mortgage for nonpayment of the beneficiary of an aggregate of three (3) annual
7 SCRA 812.
VIII.
A. Definition
*
B. Distribution
1. Land Transfer (Voluntarily Offer to Sell or Compulsory Acquisition)
a. General rule: Lands shall be distributed directly to the individual
farmworker-beneficiaries.
b. Exception: However, if it is not economically feasible and sound
to divide the land, then it shall be owned collectively by the
farmworker-beneficiaries through a workers' cooperative or
association. [Section 29]
c. In case the land is transferred to a cooperative or association,
the individual members of the cooperatives shall be provided
with homelots and small farmlots for their family use, to be
taken from the land owned by the cooperative. [Section 30]
2. Capital Stock Transfer [Section 31]
a. This is a non-land transfer. Corporations or associations which
voluntarily divest a proportion of their capital stock, equity or
participation in favor of their workers or other qualified
beneficiaries shall be deemed to have complied with CARL.
b. Amount to be divested: Corporations owning agricultural lands
may give their qualified beneficiaries the right to repurchase
such proportion of the capital stock of the corporation that the
agricultural land, actually devoted to agricultural activities,
bears in relation to the company's total assets.
*
a.
b.
c.
d.
e.
f.
g.
h.
i.
Administrative Adjudication
A. Jurisdiction
1. The Department of Agrarian Reform is hereby vested with primary
jurisdiction to determine and adjudicate agrarian reform
matters and shall have exclusive original jurisdiction over
all matter involving the implementation of agrarian reform,
except those falling under the exclusive jurisdiction of the
Department of Agriculture and the Department of Environment and
Natural Resources. [Section 50]
2. DAR Adjudicator
a. Department of Agrarian Reform Adjudication Board (DARAB)
i. Exercises both original and appellate jurisdiction
ii. Exercises functional supervision over the RARADs and PARADs
b. Regional Agrarian Reform Adjudicator (RARAD)
i. Executive Adjudicator in his region
ii. Receives, hears and adjudicates cases which the PARAD
cannot handle because the latter is disqualified or inhibits
himself or because the case is complex or sensitive
c. Provincial Agrarian Reform Adjudicator (PARAD)
3. Exclusive Jurisdiction of the Secretary of Agrarian Reform
*
Matter involving strictly the administrative implementation of the CARP and agrarian laws and regulations shall
be the exclusive prerogative of and cognizable by the Secretary
of Agrarian Reform
Within fifteen (15) days from the receipt of the decision of the
Special Agrarian Court, an appeal may be taken by filing a
petition for review with the Court of Appeals.
XIV.
3. Disturbance Compensation
XV.
Effectivity
Prepared by: