Property of Moi 1

Agrarian Law Reviewer

-What is agrarian reform?

*Section 3(a), RA 6657: Agrarian Reform means redistribution of lands, regardless of crops or fruits produced, to
farmers and regular farmworkers who are landless, irrespective of tenurial arrangement, to include the totality of
factors and support services designed to lift the economic status of the beneficiaries and all other arrangements
alternative to the physical redistribution of lands, such as production or profit-sharing, labor administration, and the
distribution of shares of stocks, which will allow beneficiaries to receive a just share of the fruits of the lands they
work.
[Memory Aid: What, to whom, for what, why]
-What is the basis behind Section 3(a), RA 6657?
(Remember, constitutional mandate ang basis, ayaw pa-blind2 ples, di ni love)
*Article 13, Section 4, 1987 PH Constitution: The State shall, by law, undertake an agrarian reform program founded on
the right of 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. To this end, the State shall encourage and undertake the
just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may
prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just
compensation. In determining retention limits, the State shall respect the right of small landowners. The State shall further
provide incentives for voluntary land-sharing.
-What is the scope of the agrarian reform program? (i-think nalang na pareha rag meaning ang scope ug coverage,
ayaw na daghag pangutana mer)
*Section 4, RA 6657: The Comprehensive Agrarian Reform Law of 1988 shall cover, regardless of tenurial arrangement
and commodity produced, all public and private agricultural lands as provided in Proclamation No. 131 and Executive Order
No. 229, including other lands of the public domain suitable for agriculture: Provided, That landholdings of landowners
with a total area of five (5) hectares and below shall not be covered for acquisition and distribution to qualified
beneficiaries.
More specifically, the following lands are covered by the CARP:
(a) All alienable and disposable lands of the public domain devoted to or suitable for agriculture. No reclassification of forest
or mineral lands to agricultural lands shall be
undertaken after the approval of this Act until Congress, taking into account ecological, developmental and equity
considerations, shall have determined by law, the specific limits of the public domain;
(b) All lands of the public domain in excess of the specific limits as determined by Congress in the preceding paragraph;
(c) All other lands owned by the Government devoted to or suitable for agriculture; and
(d) All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised
thereon.
[Memory Aid: Lands covered under the program are- (1) all public and private agricultural lands, (2) other lands of public
domain suitable for agriculture]
>Compare and Contrast: RA 6657 and RA 6657 amended (Note: RA 6657 amended is RA 9700)
RA 6657
RA 9700
Sec.4: The Comprehensive Agrarian Reform Law of Sec.4: The Comprehensive Agrarian Reform Law of
1989 shall cover, regardless of tenurial arrangement 1988 shall cover, regardless of tenurial arrangement
and commodity produced, all public and private
and commodity produced, all public and private

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Agrarian Law Reviewer

agricultural lands, as provided in Proclamation No.

131 and Executive Order No.229, including other
lands of the public domain suitable for agriculture.
More specifically the following lands are covered by
the Comprehensive Agrarian Reform Program:
(a) All alienable and disposable lands of the public
domain devoted to or suitable for agriculture. No
reclassification of forest or mineral lands to
agricultural lands shall be undertaken after the
approval of this Act until Congress, taking into
account ecological, developmental and equity
considerations, shall have determined
by law, the specific limits of the public domain.
(b) All lands of the public domain in excess of the
specific limits as determined by Congress in the
preceding paragraph;
(c) All other lands owned by the Government
devoted to or suitable for agriculture; and
(d) All private lands devoted to or suitable for
agriculture regardless of the agricultural
products raised or that can be raised thereon.

agricultural lands as provided in Proclamation No.

131 and Executive Order No. 229, including other
lands of the public domain suitable for agriculture:
Provided, That landholdings of landowners with
a total area of five (5) hectares and below shall
not be covered for acquisition and distribution
to qualified beneficiaries.
More specifically, the following lands are covered by
the CARP:
(a) All alienable and disposable lands of
the public domain devoted to or suitable for
agriculture. No reclassification of forest or mineral
lands to agricultural lands shall be undertaken after
the approval of this Act until Congress, taking into
account
ecological, developmental and equity
considerations, shall have determined by
law, the specific limits of the public domain;
(b) All lands of the public domain in excess of the
specific limits as determined by Congress in the
preceding paragraph;
(c) All other lands owned by the Government
devoted to or suitable for agriculture; and
(d) All private lands devoted to or suitable for
agriculture regardless of the agricultural
products raised or that can be raised thereon.

-What lands are prioritized under the coverage of agrarian reform program?
Refer to Section 7, RA 6657 amended.
Memory Aid:
1. Phase One: All private agricultural lands in excess of 50 has.
a. Rice and corn lands under PD 27
b. Idle or abandoned lands
c. All private lands voluntarily offered
d. All lands acquired by PCGG
e. All other lands owned by Government
2. Phase Two: Lands 24-50 has.
a. Alienable and disposable lands
b. Arable public agricultural lands
c. Agricultural leases already cultivated
d. Public agricultural lands
e. Private agricultural lands

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Agrarian Law Reviewer

3. Phase three: All other private agricultural lands commencing with large landholding and proceeding to medium and
small landholdings:
a. Lands with aggregate landholding of above 10 has to 24 has insofar as excess hectarage is concerned
b. Lands with aggregate landholdings from retention limit up to 10 has
-How are lands acquired by the program?
.VOS (Sec.20, RA 6657)
.Compulsory Acquisition (Sec. 16, RA 6657)
(*Remember, huwata sa nga ihatag if di gani ihatag ara na ka mag apply ug force)
Voluntary Offer to Sell
Landowner may enter into a voluntary arrangement
for direct transfer of their lands to qualified
beneficiaries under the ff. guidelines:
-All notices for VOS must be submitted to DAR
within 1st year of implementation of CARP
-Terms and conditions of transfer shall not be less
favorable to transferee than those of governments
standing offer to purchase.
-Voluntary agreement shall include sanctions for
non-compliance by either party and shall be duly
recorded and its implementation monitored by DAR
*Take note: not anymore allowed as VOS is allowed
up to 2009 only. (ay duh, expired naman gani ang
law)

Compulsory Acquisition
-DAR identifies land to be acquired, its landowner
and beneficiaries (DAR Admin Order 12)
-DAR sends notice to landowner about compulsory
acquisition and price offer by personal means or by
registered mail
-Landowners turn to reply; shall notify DAR of his
acceptance or rejection of offered price
.If owner accepts; Land Bank will pay
landowner of just compensation within 30 days from
execution and delivery of Deed of Transfer and
surrenders Certificate of Title in favor of Govt
.If owner rejects; DAR will determine just
compensation thru summary admin proceedings; if
landowner disagrees with JC, may bring matter to
court
-Taking of immediate possession of land by DAR
.upon payment of JC
-Request by DAR to Register of Deeds to issue TCT
in favor of Government
-Distribution of lands to qualified beneficiaries
*See: Roxas v. CA

-How is just compensation paid in taking of lands under this program?

See: Association of Small landowners v. Secretary of Agrarian Reform; Hacienda Luisita v. PARC
Partly money, partly bonds if land is large; if land is small greater part for cash than bond. Just compensation may also be
paid with stocks.
-Exclusions and Exemptions?
*Sec.10, RA 6657:
a) Lands actually, directly and exclusively used for parks, wildlife, forest
reserves, reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves shall be exempt from the
coverage of this Act.
b) 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.

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Agrarian Law Reviewer

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.
In cases where the fishponds or prawn farms have not been subjected to the Comprehensive Agrarian Reform Law, the
consent of the farm workers shall no longer be necessary, however, the provision of Section 32-A hereof on incentives shall
apply.
c) Lands actually, directly and exclusively used and found to be ne c e s s a r y for national defense, school sites and
campuses, including experimental farm stations operated by public or private schools for educational purposes, seeds and
seedling research and pilot production center, 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, government and private research and quarantine centers and all lands with eighteen percent (18%) slope and
over, except those already developed, shall be exempt from the coverage of this Act.
*Are homestead lands covered under the lands subject to be acquired by the Government?
See: Alita v. CA
-What are retention limits?
These are rights afforded by the program to the landowner to retain not more than 5 hectares of his landholding. (Section 6,
RA 6657)
-Retention limits for spouses: depends upon the property regime governing over their properties;
*If property regime is conjugal or absolute communityspouses can retain only 5 hectares (para ila na ni duha)
*If property regime is separation of propertyspouses can retain 5 hectares each for a total of 10 hectares
-Retention limits for partnerships and corporations:
.Partnership: each member, 5 hectares each, partnership does not retain
.Corporation: each member 5 hectares each, corporation as juridical entity can retain also 5 hectates
(Note: huhu di pa jud ko sure ani huhu based ran is giingon ni Arthur whatever kaayo kay wa daw sha maminaw ug tarong
sa yayabs ni Boro , kaiyak)
-Retention limits for children:
See: Section 6, RA 6657; no distinction between legit and illegit
-How is land valuation done?
PD 27
EO 228
*Value of the land shall be
Average Gross Production
equivalent to 2 times the
per hectare X 2/12 X P35
average harvest of 3 normal (Govt support price for 1
crop years immediately
cavan or 50 kls of palay) or
preceding promulgation of
P31
Decree

RA 6657
Basis as to determination of
just compensation.cost of acquisition of land
.value of standing crop
.current value of like
properties
.nature, actual use and
income
.sworn valuation by owner
.tax declarations
.assessment made by
government assessors
.social and economic
benefits contributed by

RA 9700
Basis as to determination of
just compensation.cost of acquisition of land
.value of standing crop
.current value of like
properties
.nature, actual use and
income
.sworn valuation by owner
.tax declarations
.assessment made by
government assessors
.70% of zonal valuation of
BIR

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Agrarian Law Reviewer

farmers & farmworkers

.social and economic

benefits contributed by
farmers & farmworkers

-What are the modes of compensation?

*Sec. 18, RA 6657:
[Memory Aid: cash, shares of stock, bonds, or tax credits]
.See: Association of Small Landowners v. Secretary of Agrarian Reform, LBP v. Yap, Lubrica v. Yap
-Who can be a beneficiary under the agrarian reform program, what are the qualifications to be a beneficiary?
*Section 22, RA 6657: A Filipino farmer or farmworker who is landless and has the willingness, aptitude, and ability to
cultivate and make land as productive as possible and falls under qualified beneficiaries under Sec. 22, RA 6657 and could
refer to any of the following:
agricultural lessee and share tenants
regular farmworkers
seasonal farmworkers
other farmworkers
actual tillers or occupants of public lands
collectives or cooperatives of above beneficiaries
others directly working on land
-What is the order of priority as to distribution of land under the agrarian reform program?
-Section 22-A, RA 6657 (from Section 8, RA 9700):
(1) Children of landowner (as they enjoy first preference in distribution of landholding) who is at least 15 years old
and is actually tilling the land or directly managing the farm
(2) Agricultural lessees and share tenants
(3) Regular farmworkers
(4) Seasonal farmworkers
(5) Other farmworkers
(6) Actual tillers or occupants of public land
(7) Collectives or cooperatives of above beneficiaries
(8) Others directly working on land
-Who is a landless person?
*Sec.23, RA 6657: Those who own lands not exceeding 3 hectares of agricultural land.
-Differentiate between farmer beneficiary and child beneficiary?
Child beneficiary is given preference over farmer beneficiary as child is non-paying (way work man yata) while farmer
beneficiary is paying.
-Who is disqualified to be a beneficiary?
DAR Adm. Order 02-09 C,4: Landowners who have voluntarily offered their landholdings for coverage under CARP
and those who have previously waived their rights to retain are disqualified from becoming ARBs of other landholding/s
being covered or to be covered under CARP. The LO's voluntary offer or his previous waiver is construed to be his
inability and/or unwillingness to cultivate the land and make it productive. Likewise, children of the same
landowners who were not nominated as preferred beneficiaries are disqualified from becoming an ARB in another
landholding following the qualification criteria pursuant to Section 22 of R.A. No. 6657, as amended.

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Agrarian Law Reviewer

-What is the difference between distribution limit and retention limit?

Distribution limit is a limit imposed under the agrarian reform program on the farmer beneficiary of the total amount of land
he can be awarded with or own while retention limit is a limit imposed under the agrarian reform program on the landowner
of the total land area he can retain from the landholding he owned originally.
-What is the maximum area that can be owned by or awarded to beneficiaries?
The maximum area that a farmer beneficiary can own or be awarded with is up to 3 hectares only. (Hence, if farmer has 2
hectares, 1 hectare ang i-award; if farmer has 1 hectare, 2 hectares ang pwede i-award)
*Can there be only one beneficiary in a family?
-No, there can be multiple beneficiaries in the family as children of farmers are considered beneficiaries too,
hence, if farmer (the head of the family) receives 3 hectares of land, his child may also be awarded with
another 3 hectares of land.
-When does DAR issue a Certificate of Land Ownership Award to farmer beneficiary?
Upon full payment of amortization by farmer beneficiary
-Upon being awarded with CLOAs or EPs what are the obligations of agrarian reform beneficiaries?
Exercise due diligence in use, cultivation, and maintenance of land, including improvements thereon
Pay the land bank 30 annual amortizations with 6% interest per annum (Sec. 26, RA 6657)
-When shall rights and responsibilities of farmer beneficiary begin over the land awarded to them?
*Section 24, RA 6657: Rights and responsibilities of beneficiaries shall commence from their receipt of a duly registered
emancipation patent or CLOA (certificate of land ownership award) and their actual physical possession of land.
-Can the titles of land received by farmer beneficiaries be contested?
*Sec. 24, RA 6657: No. Such titles or awards of land are deemed indefeasible and imprescriptible a year after its
registration with the Office of Registry of Deeds. Such register is the definitive record of all land interests, and thus,
registered proprietor (the farmer beneficiary, that is) is immune to all claims contrary to register. Provided, that there was no
fraud or misconception during the registration process.
-Difference of indefeasibility of title under judicial proceedings and title under administrative proceedings
(titles granted under Torrens against titles granted under administrative proceedings)
Torrens titles (TCTs, OCTs)

Titles granted under Administrative Proceedings

(CLOAs and EPs)

Sec.24, RA 6657: The real purpose of the Torrens system is, to quiet title to land. "Once a title is registered,
the owner may rest secure, without the necessity of waiting in the portals of the court, or sitting in the mirador
de su casa, to avoid the possibility of losing his land". CLOAs have the same indefeasibility as with titles
granted under judicial proceeding as they are also registered with Register of Deeds. Emancipation patents
and CLOAs are enrolled in Torrens System of Registration and in fact, Property registration decree devotes a
chapter on EPs. Hence, they are entitled to the same indefeasibility with TCTs and OCTs.

See: Estribillo v. DAR

-Can CLOAs be cancelled?
*See: DAR Adm Order 03-09, Section 4
Yes. On the following grounds:
.Abandonment of land

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Agrarian Law Reviewer

.Neglect or misuse of land

.Failure to pay 3 annual amortizations
.Misuse or diversion of financial and support services
.Sale, transfer or conveyance of right to use land
.Illegal conversion of land
-When shall payment start by farmer beneficiary for his acquired land?
Payment starts one year from:
.date of registration of CLOA
.date of actual occupancy, if occupancy took place after registration of CLOA
-How much shall farmer beneficiary pay for his acquired land?
*Sec. 26, RA 6657: The maximum amortization shall not be more than 5% of annual gross production as established by
DAR.
~If after 5th year, scheduled annual payments exceed 10% of the annual gross production or there is a failure to produce out
from agricultural land which was not due to beneficiarys fault, LBP may reduce the obligation to make the repayment by
farmer beneficiary affordable.
~If farmer fails to pay 3 annual amortizations, LBP can forfeit the landholding and award it to other beneficiaries. LBP has a
lien by way of mortgage on land awarded to beneficiary and once, beneficiary fails to pay, this mortgage may be foreclosed.
~A beneficiary who land has been foreclosed shall therefore be permanently disqualified from becoming a beneficiary under
agrarian reform program.
-Is sale or transfer of acquired land under agrarian reform program allowed?
General Rule: Section 27, RA 6657: Lands acquired under agrarian reform program shall not be sold, transferred or
conveyed for a period of 10 years
Exemption:
.thru hereditary succession
.transfer, sale, conveyance in favor of Government
.to Land Bank
.to other qualified beneficiaries
-Can a beneficiary who has not yet fully paid amortization sell land to another?
If land has not yet been fully paid by beneficiary, he may sell, transfer, or convey rights to land under the ff. conditions:
a) Approval of DAR must first be obtained
b) Land should be sold only to an heir of beneficiary
c) Transferee must undertake to cultivate land by himself, otherwise, Land Bank will take the land for proper
disposition.
-Can beneficiary lease the land to another person?
Yes. What the law prohibits is transfer of ownership, not transfer of possession. Therefore, beneficiary can lease land to
another person, provided that lease is for agricultural purposes. If lease is for non-agricultural purpose, such lease shall
have to seek approval first from DAR.