Professional Documents
Culture Documents
Sec. 16 Land Acquisition (Compulsory Acquisition) Opening of a trust account does not constitute payment because the
Procedure: law requires just compensation to be paid in cash and LBP bonds
1. Identification by the DAR of the land, landowner and beneficiary; and not by trust account.
Consent of beneficiary is not required in determination of Who are eligible to become Agrarian Reform Beneficiaries?
compensation. Landless resident of the same barangay or municipality
Landless Resident farmer or tiller who owns less than 3 hectares of
Sec 18. Valuation and Mode of Compensation land
Qualifications:
1. Cash Payment 1. Filipino Citizen
For lands above 50 hectares: 25% cash, balance to 2. Resident of barangay or municipality where landholding is
be paid in government financial instruments located
3. At least 15 years old at the time of identification, screening
negotiable at any time.
and selection
For lands above 24 hectares to 50 hectares: 30%
4. Willing, able and equipped with aptitude to cultivate and
cash, balance to be paid in government financial
make land productive
instruments negotiable at any time.
For lands 24 hectares and below: 35% cash,
Sec. 22 A. Order of Priority
balance to be paid in government financial
Children 3 hectares each
instruments negotiable at any time.
Agricultural Lessees, Share Tenants and Regular
2. Shares of stock in GOCCs, LBP preferred shares, physical
assets or other qualified investments in accordance with Farmworkers 3 hectares each
guidelines set by the PARC; Then the remaining be given to Seasonal Farmworkers,
3. Tax credits which can be used against any tax liability; Other Farmworkers, Actual Tillers or Occupants of
4. LBP bonds, which shall mature every year until the 10 th year Public Lands, Collectives or Cooperatives, Others
directly working on the land.
LAND REDISTRIBUTION
Sec. 23. Distribution Limit
Sec. 22 Qualified Beneficiaries No qualified beneficiary may own more than 3 hectares of
The lands covered by the CARP shall be distributed as much as agricultural land
possible to landless residents of the same barangay or in the
absence thereof, landless residents of the same municipality in Criteria of Prioritization: Willingness, Aptitude, Ability to cultivate and
the ff. order of priority: make land productive; Physical Capacity; Length of Service
1. Agricultural Lessees and Share Tenants Factors in determining size of land: type of crop; type of soil; weather
2. Regular Farmworkers patterns; other pertinent factors critical for success of beneficiaries
3. Seasonal Farmworkers
Grounds for cancellation of CLOA: Basis of Amortization: Max. amortization is 5% of the annual
1. Abandonment of land gross production as established by the DAR. After the 5 th year,
2. Neglect or Misuse of land the interest rate and/or the principal obligation may be reduced
3. Failure to pay 3 annual amortizations by the LBP to make the repayment affordable.
4. Misuse or diversion of financial and support services
5. Sale, transfer or conveyance of right to use land
Effect of failure to pay 3 annual amortizations:
6. Illegal conversion of land
LBP can forfeit landholding and award it to other qualified
beneficiaries. The beneficiary whose land has been foreclosed or
Obligations of Agrarian Reform Beneficiaries:
forfeited will be permanently disqualified from becoming a
Exercise due diligence in the use, cultivation, and
beneficiary.
maintenance of the land, including improvements thereon;
and
Sec. 27. Transferability of Awarded Lands
Pay the LBP 30 annual amortizations with 6% interest per
Beneficiaries cannot, within a period of 10 years, sell or
annum. transfer ownership of the land except: through hereditary
The amortization will start 1 year from the date of registration of the succession, to the government, to the LBP, or to other
CLOA. However, if actual occupancy of the land takes place after the qualified beneficiaries.
Secretary of the DAR has exclusive and original jurisdiction over all SUPPORT SERVICES FOR THE FARMERS AND LOs
cases involving the cancellation of registered EPs, CLOA, other
titles. Sec. 36 Funding for Support Services
Establishment of Agrarian Reform Communities, it will be composed
ROLE OF SPECIAL AGRARIAN COURTS IN LAND VALUATION of and managed by agrarian reform beneficiaries who shall be willing
AND PENAL PROVISIONS to be organized and to undertake the integrated development of an
area, their organizations or cooperatives.
Sec. 56. Special Agrarian Court