New Era University

College of Law

AGRARIAN LAWS AND SOCIAL LEGISLATION

REVISED COURSE OUTLINE SY 2017-2018

Atty. Manggay G.Guro, Jr.

Professor

Session One Organizational Meeting and Introduction (Sept. 04, 2017)

- Overview of the Course on Agrarian Law and Social Legislation
- Historical Background and Progression of Legislation
- Constitutional Basis

Session Two General Concepts and Agricultural Tenancy (Sept. 11, 2017)
A. General concepts

a. Agrarian law
b. Agrarian reform
c. Social legislation
d. Social justice clause in the 1935, 1973 and 1987 Constitution that pertain to agrarian
laws.
e. Social justice (Article XIII, 1987 Constitution)

B. Share Tenancy

1. Concept
a. Under Act No. 4054
b. Under RA 1199

Primero v. CAR GR L-10594, May 1957 nature of tenancy law

Tawatao v. Garcia, GR L-17649, July 31, 1953 scope of RA 1199
Feliciano v. CAR, GR L-14573, May 18, 1952
PNB v. Ramirez, GR L-15192, Oct. 24, 1960 purpose of the law
Delos Reyes v. Espineli, GR L-15192, L-28289-81, Nov. 21, 1969 definition of
agricultural tenancy
Marcelo v. De Leon, GR L-12902, July 29, 1959 characteristics of share tenancy
Latog v. Banog, GR L20098, Jan. 31, 1966
PNR v. Del Valle, GR L-29381, Sept. 30, 1968 meaning of agricultural land
De los Reyes v. Espineli, GR L-28280-81, Nov. 28, 1969 coconut land; characteristics
of share tenancy
 2. Abolished by RA No. 3844

a. RA 3844, as amended by RA 6389 abolished and outlawed share tenancy and put in
its stead the agricultural leasehold system.
Tan v. Pollescas, GR 145568, Nov. 17, 2005
b. Automatic conversion to agricultural leasehold

Sec. 3. Composition of Code. In pursuance of the policy enunciated in

Section two, the following are established under this Code:

"(1) An agricultural leasehold system to replace all existing share tenancy

systems in agriculture;

Sec. 4. Automatic Conversion to Agricultural Leasehold. - Agricultural

share tenancy throughout the country, as herein defined, is hereby declared
contrary to public policy and shall be automatically converted to
agricultural leasehold upon the effectivity of this section.

Mon v. CA, GR 118292, April 4, 2004

C. Leasehold Tenancy

1. Concept
a) Under Section 4, RA 1199
b) Under Sec. 6, RA No. 3844

2. Form Sec. 5, RA 3844

Reyes v. Reyes , G.R. No. 140164, 388 SCRA 471
Valencia v. CA, GR 122363, April 29, 2003

3. Parties Sec. 6, RA 3844

a) Agricultural lessor
b) Agricultural lessee
c) Immediate farm household Sec. 16

Valencia v. CA, GR 122363, April 29, 2003

Mon v. CA, GR 118292, April 4, 2004

4. Term of the Lease Sec. 7, RA 3844

Coronel v. Tanhangco, GR 170693, Aug. 8, 2010

5. Mode of Payment of Rental Secs. 33, 34 of RA 3844

a) Manner
b) Time
c) Place
 d) Consideration for the lease of Riceland
Tan v. Pollescas, GR 145568, Nov. 17, 2005
Mon v. CA, GR 118292, April 4, 2004

Session Three Continuation of Leasehold Tenancy (Sept. 18, 2017)

6. Agricultural Leasehold Tenancy Distinguished From Civil Law Lease

a) Subject matter
b) Attention and cultivation
c) Purpose
d) Law governing the relationship

Gabriel v. Pangilinan, L-27797, 58 SCRA 590

Valencia v. CA, GR 122363, April 29, 2009
Jusayan v. Sombilla, GR 163928 (2015)

7. Requisites for the Existence of Tenancy Relations

a) The parties are the landholder and the tenant;

b) The subject is agricultural land;
c) There is consent by the landholder for the tenant to work on the land, given either
orally or in writing, expressly or impliedly;
d) The purpose is agricultural production;
e) There is personal cultivation or with the help of the immediate farm household; and
f) There is compensation in terms of payment of a fixed amount in money and/or
produce.

Pagarigan v. Yague, GR No. 195203, 756 SCRA 133 (2015)

Caluzor v. Llanillo, GR 155580, 761 SCRA 68 (2015)
Ofilada v. Andal, GR 192270 (2015)
Caballes v. DAR, L-78214, 168 SCRA 247
Gabriel v. Pangilinan, L-27797, 58 SCRA 590
Oarde v. CA,GR 104774-75, 280 SCRA 235
Qua v. CA, GR 95318, 198 SCRA 236
Bejasa v. CA, GR 108941, July 6, 2000
Salmorin v. Zaldivar, GR 169691, July 23, 2008
Saul v. Suarez, GR 166664, 473 SCRA 628
Soliman v. PASUDECO, GR 169589, June 16, 2009
Valencia v. CA, GR 122363, April 29, 2009
Automat Realty v. Dela Cruz, GR 192026, October 1, 2014

8. Burden of proof
 Lumayog v. Pitcock, GR 169628, March 14, 2012
Ceneze v. Ramos, GR 172287, January 15, 2010
Soliman v. PASUDECO, GR 169589, June 16, 2009
Mon v. CA, GR 118292, April 4, 2004

9. Security of tenure Sec. 7, RA 3844

De Jesus v. IAC, GR 72282, 175 SCRA 559

Bernardo v. CA, L-30821, 168 SCRA 439
Primero v. CIR, L-10594, 101 Phil. 675
Pineda v. de Guzman, L-23773, 21 SCRA 1450
Tan v. Pollescas, GR 145568, Nov. 17, 2005
Tarona v. CA, GR 170182, June 18, 2009
Coronel v. Tanjanco, GR 170693, Aug. 8, 2010
Coderias v. Estate of Chioco, GR 180476, June 26, 2013
Jusayan v. Sombilla, 746 SCRA 437 (2015)

10. Rights of Pre-emption (Sec. 11) and Redemption (Sec. 12, RA 3844)

Coronel v. Tanjangco, GR 170693, Aug. 8, 2010

Reyes v. Heirs of Floro, GR 200713, Dec. 11, 2013

Session Four - Continuation of Leasehold Tenancy, Area of Coverage, Exemption or

Exclusion and Beneficiaries (Sept. 25, 2017)
11. Extinguishment of the Leasehold Relation Sec. 8, RA 3844
A. Causes
B. Burden of proof Sec. 37, RA 3844

Coronel v. Tanjangco, GR 170693, Aug. 8, 2010

Reyes v. Heirs of Floro, GR 200713, Dec. 11, 2013
12. Rights and Responsibilities of Lessee - Secs. 23, 24, 25, 26, 27 of RA 3844

Guevarra v. Santos, GR L-19716, Nov. 23, 1966

13. Rights, Prohibitions and Responsibilities of Lessor Secs. 29, 30, 31 of RA

3844

14. Dispossession Secs. 36, 37 of RA 3844

Tan v. Pollescas, GR 145568, Nov. 17, 2005
Nieves v. Duldulao, GR No. 190276, April 2, 2014

15. Prescription of the Action Sec. 38, RA 3844

 Coderias v. Estate of Chioco, GR 180476, June 26, 2013

16. Department of Agrarian Reform (DAR) implementing arm of the agrarian

reform program

17. Land Bank of the Philippines (LBP) financial arm of the agrarian reform
program

Area of Coverage
Par. 1, Sec. 24, Republic Act No. 1199

It shall be unlawful for the tenant, whenever the area of his holdings is
five hectares or more, or is sufficient size to make him and the members
of his immediate farm household fully occupied in its cultivation, to
contract to work at the same time on two or more separate holdings
belonging to different landholders under any system of tenancy, without
the knowledge and consent of the land-holder with whom he first entered
into tenancy relationship.

Exemption or Exclusion

a. Absence of any of the essential elements of tenancy relationship

b. Elements of tenancy relationship

Beneficiaries

a. Qualified beneficiaries are share-tenants or agricultural lessees (RA 1199 and RA 3844)
b. Interpretation in favor of the tenant (Sec. 56, RA 1199)
In the interpretation and enforcement of this Act and other laws as well
as of the stipulations between the landholder and the tenant, the courts
and administrative officials shall solve all grave doubts in favor of the
tenant.

Session Five - Tenant Emancipation Decree (Oct. 02, 2017)

A. Governing Law
1. Presidential Decree No. 27 Tenants Emancipation Decree (October 21, 1972)

2. Letter Instruction No. 474- Placing under OLT Tenanted Rice/Corn Lands Seven
Hectares or less in Area under certain Condition (October 21, 1976)

B. Constitutionality
 1. Presidential Decree No. 27 was assumed to be constitutional and upheld as part and
parcel of the law of the land

De Chavez vs. Zobel, 155 SCRA 26

Gonzales vs. Estrella, 91 SCRA 294
Association of Small Landowners vs. Secretary of Agrarian Reform, 175 SCRA 342

2. Letter of Instruction No. 474 - Constitutionality was upheld

Zurbano vs. Estrella, 137 SCRA 333

Vinzons-Mangara v. Estrella, 201 SCRA 536

C. Applicability of the Law

1. PD 27 supplements the Comprehensive Agrarian Reform Law Sec. 75, RA 6657

LBP v. Ibarra GR 182472, 741 SCRA 447

2. It applies only to private agricultural lands primarily devoted to rice and corn under
share tenancy or lease tenancy

Euclosia Daez and/or Her Heirs vs. CA, 325 SCRA 857
Pans v. Alfeche, 364 SCRA 110

Session Six Continuation of Tenant Emancipation Decree (Oct. 16, 2017)

D. Land Transfer to Tenant/Lessee

1. Beneficiaries (Par. 5, PD 27)

2. No automatic transfer of title or ownership of the land to the tenant or lessee

LBP v. Ibarra GR 182472, 741 SCRA 447

Heirs of Deleste v. LBP, GR 169913, June 8, 2011
Coruna et. al. v. Cinamin, GR 154286, Feb. 28, 2006
Maylem v. Morciento, GR 162721, July 13, 2009
Assoc. of Small Landowners v. Sec. of Agrarian Reform, 175 SCRA 342

3. Exemption or Exclusion from Coverage

a. Private agricultural lands which are not primarily devoted to rice or corn
b. There is no system of share crop or lease tenancy obtaining in the landholding
(Daez v. CA, 325 SCRA 857)

4. Size of land to be transferred

 a. Irrigated land 5 hectares
b. Non-irrigated land 3 hectares

5. Stages of land transfer

a. Certificate of Land Transfer (CLT)

b. Emancipation Patent (EP)

Maylem v. Morciento, GR 162721, July 13, 2009

Pagtalunan vs. Tamayo, 183 SCRA 252
Heirs of Deleste v. LBP, 651 SCRA 352
Levardo v. Yatco, 582 SCRA 93
Reyes v. Barrios, GR 172841, Dec. 10, 2010

6. Indefeasibility of Eps

Torres v. Ventura
Corpus v. Grospe, 333 SCRA 425

7. Cancellation of Eps

a. Grounds
(1) Abandonment of the land
(2) Neglect or misuse of the land Sec. 33, CARL
(3) Failure to pay 3 annual amortizations Sec. 26
(4) Misuse or diversion of financial and support services Sec. 37
(5) Sale, transfer or conveyance of the right to use the land Sec. 73
(6) Illegal conversion of the land Sec. 73

Maylem v. Morciento, GR 162721, July 13, 2009

b. Jurisdiction
Mariano Jose, et. al. v. Ernesto Novida, et. al. GR No. 177374, July 2, 2014
E. Payment of Just Compensation

a. Modes of payment
i. Direct payment to the landowner by the farmer-beneficiary
ii. Payment by the LBP

b. Transfer of title of ownership to beneficiaries only upon full payment of the just
compensation

LBP v. Ibarra GR 182472, 741 SCRA 447

 F. Retention Right of Landowner

a. Area to be retained
b. Retention right under PD 27 and retention right under the CARL
c. Jurisdiction over retention or exemption issues

Sta. Ana v. Carpo, 572 SCRA 463

Magno v. Francisco, 616 SCRA 402
Reyes v. Barrios, GR 172841, Dec. 15, 2010

G. Payment of Cost of the Land

a. Total costs of the land plus interest of 6% per annum

b. 20 years equal annual amortizations (Sec. 6, E.O. 228)
c. Effect of failure to pay 3 annual amortizations
d. Remedy of farmer-beneficiary

H. Transferability of Landholding

a. Rule: Title to land acquired pursuant to PD 27 or the Land Reform Program shall
not be transferrable

Toralba v. Mercado, 434 SCRA 433

b. Exception: By hereditary succession or to the government

(1) Maylem v. Morciento, GR 162721, July 13, 2009

(2) Memorandum Circular No. 7, series of 1979

Session Seven Comprehensive Agrarian Reform Program (R.A. 6657) (Oct.

23, 2017)

A. Introduction
1. Constitutional Basis
a) Article II, Section 21
b) Article XII, Section 1
c) Article XIII, Section 3
d) Article XIII, Section 4
e) Article XIII, Section 5
f) Article XIII, Section 6
g) Article XIII, Section 8

2. Declaration of Principles and Policies [Section 2]

 3. Definition of Agrarian Reform
a. Section 3(a) of RA 6657
b. Distinguished from Land Reform
4. RA 6657 is Constitutional
Small Landowners in the Philippines, Inc. v. Secretary of Agrarian Reform, 175 SCRA
343
B. Scope
1. Lands Covered
a. 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. [Section 4]
a) Agricultural land [Section 3(c)]
b) Agricultural activity [Section 3(b)]

b. Specifically, the following lands are covered by the Comprehensive Agrarian Reform
Program:
1. 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;
2. All lands of the public domain in excess of the specific limits as determined by
Congress in the preceding paragraph;
3. All other lands owned by the Government devoted to or suitable for agriculture;
and
4. All private lands devoted to or suitable for agriculture regardless of the agricultural
products raised or that can be raised thereon.
C. Exclusions from the Coverage of CARL
1. Section 101
2. Private lands actually, directly and exclusively used for prawn farms and fishponds
3. Lands actually, directly and exclusively used and found to be necessary for:

1
As amended by Republic Act No. 7881.
 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
Luz Farms v. Secretary of Agrarian Reform, 192 SCRA 51
Almero v. Heirs of Pacquing, GR 199008, 741 SCRA 209 (2014)
Espiritu v. del Rosario, GR No. 204964, October 15, 2014

III. Schedule of Implementation

A. Period for Implementation [Section 5]
B. Priorities [Section 7]
1. Guiding Principle
2. Factors to consider in the Implementation
3. Phases of Implementation
C. Exceptions from the Implementation Phases [Section 7, 9]
IV. Improvement of Tenurial and Labor Relations
A. Leasehold Tenancy
1. Tenancy in General
a. Definition- [Section 3 of RA 1199, Guerrero v. CA, 142 SCRA 136]

b. Types of Tenancy Relation

i. Sharehold Tenancy; and

ii. Leasehold Tenancy

2. Leasehold vs. Sharehold Tenancy
People v. Adillo, 68 SCRA 90
 Sharehold Leasehold

Expenses of Production Tenant and Landowner Tenant

Management Tenant and Landowner Tenant

Payment Tenant and landowner Tenant gets the whole

divide the harvest in produce with the mere
proportion to their obligation to pay rent.
contributions.

3. Leasehold vs. Civil Lease

Gabriel v. Pangilinan, 58 SCRA 590

Valencia v. CA, GR 122363, April 29, 2009

Leasehold Tenancy Civil Law Lease

Subject Matter Agricultural lands only Both rural and urban

properties

Attention and Tenant must personally Lessee does not have to

Cultivation cultivate personally cultivate

Purpose Agriculture only Any lawful purpose

Governing Law Special laws Civil Code

4. Purpose of the Leasehold Relation: To protect and improve the tenurial and economic
status of the farmers in tenanted lands. [Section 12]
5. Application [Section 12]
a. Tenanted lands under the retention limit; and
b. Tenanted lands not yet acquired under the CARL
B. Production Sharing Plan
1. Application [Section 13]
2. Period for Compliance: Within ninety (90) days from effectivity of CARL
3. Scheme (Applies to those individuals or enterprises realizing gross sales in excess of
five million pesos per annum, unless the DAR sets a lower ceiling) [Section 32]
Session Eight Continuation of the Comprehensive Agrarian Reform
Program (R.A. 6657) (Oct. 30, 2017)

V. Registration
A. Procedure

VI. Private Land Acquisition

A. Retention Limit [Section 6]

1. Five hectares is the retention limit.

2. Additional three (3) hectares may be awarded to each child, subject to some
qualifications
3. Exceptions to the retention limit of five hectares.
4. Right to choose the area to be retained.
Almero v. Heirs of Pacquing, GR No. 199008, 741 SCRA 209 (2014)
Delfino v. Anasao, GR 197486, September 10, 2014

B. Procedure

1. Voluntary Land Transfer (VLT) [Section 20]

2. Compulsory Acquisition [Section 16]
C. Compensation
1. Determination of Just Compensation. [17]
City of Manila vs. Estrada, 25 Phil 208 (1913)

2. Under EO 405 (1990), Land Bank of the Philippines shall be primarily responsible for
the determination of the land valuation and compensation.
3. Basic formula for valuation of lands
a. DAR AO No. 5, series of 1998
There shall be one basic formula for the valuation of lands covered by VOS or CA:

LV= (CNI x 0.6) + (CS x 0.3) + (MV x 0.1)

Where:
LV = Land Value
CNI = Capitalized Net Income
CS = Comparable Sales
 MV = Market Value
a. Jurisprudence

LandBank vs. Banal G.R. No. 143276, 3rd Division, 20 July 2004
Land Bank vs. Celada G.R. No. 164876, 1st Division, 23 January 2006
Land Bank vs. Lim and Cabochan G.R. No. 171941, En Banc, 2 August 2007

(1) Some Cases Reiterating the Doctrine in Banal, Celada and Lim that
Adherence to the Formula Prescribed by the DAR is Mandatory:
LBP v. Wycoco, G. R. No. 140160, 14 January 2003
Sps. Zoleta, et al. v. Hon. Andres Reyes, et al. (G. R. No. 169054, 31 August 2003)
De Castro, et al. v. LBP (G. R. No. 168026, 03 August 2005)
Meneses v. DAR Secretary, et al. (G. R. No. 156304, 23 October 2006)
LBP vs. Heirs of Eleuterio Cruz (G.R. No. 175175, September 29, 2008)
Land Bank of the Philippines v. Dumlao (G.R. No. 167809, November 27, 2008)
Allied Bank Corporation v. Land Bank of the Philippines (G.R. No. 175422,
March 13, 2009
Land Bank of the Philippines v. Heirs of Honorato De Leon (G.R. No. 164025,
May 8, 2009)
LBP v. Belista (G. R. No. 164631, 26 June 2009)
LBP v. Kumassie Plantation Co., (G.R. No. 177404, December 4, 2009)
LBP v. Alpasan, Jr. (G. R. No. 188221, 03 February 2010)
LBP v. Escandor (G. R. No. 171685, 11 October 2010)
LBP v. Barrido (G.R. No. 183688, August 18, 2010)

(2) Case where the Supreme Court departed from the doctrine
APO FRUITS CORPORATION and HIJO PLANTATION, INC., vs. COURT OF
APPEALS (G.R. No. 164195, February 6, 2007)
(3) More Supreme Court cases since 2004 were decided in accordance with
the doctrine espoused in Banal, Celada and Lim Cabochan
(4) Only case decided by the Supreme Court En Banc involving the issue of
how just compensation in land reform is to be computed is LBP vs. Lim and
Cabochan
5. Mode of Payment [Section 18]
a. Cash
b. Balance
c. Set-off [Section 66]
6. Amount to be deposited Section 16 (a), (b), (d), & (e) of RA 6657
LBP v. Arieta Tan, G.R. No. 161834, August 23, 2010
7. Amount that can be withdrawn
 a. LBP v. Josefina Lubrica, G.R. No. 177190, February 23, 2011
b. Sec. 18, RA 6657
c. Sec. 16, RA 6657

Session Nine - Continuation of the Comprehensive Agrarian Reform Program

(R.A. 6657) (Nov. 06, 2017)

D. Date of Taking
a. Section 2, Rule 67 of the Rules of Court
General Rule in Expropriation Proceedings:
1. Filing of the complaint
2. Due notice to owner
3. Deposit of Compensation
b. Taking under RA 6657 - Secs. 16 (e) & 24, par. 2, RA 6657, as amended
1. Payment to LO
2. Deposit , in case of rejection
3. Issuance of title in the name of RP
c. Taking under PD 27
1. Jurisprudence
Locsin vs. Valenzuela, 194 SCRA 194
Assn of Small Landowners vs. Sec. of Agrarian Reform, G.R. Nos. 78742, 79310,
79744 & 79777
BP vs. David C. Naval, et al., G.R. No. 122231, 27 November 1995
NPC vs. Chiong, G.R. No. 152436, 20 June 2003
Gabatin vs. LBP, G.R. No. 148223, 25 November 2004

2. Formula upheld where taking is October 21, 1972 is the formula under PD 27/EO
228.
LV = (2.5 x AGP x P35/31) x A
3. Variance in the Reckoning of Date of Taking
(a) Upon payment of just compensation judicially determined
OP, et al. vs. CA, G.R. No. 131216, 19 July 2001
LBP vs. Estanislao, G.R. No. 166777, 10 July 2007

(b) Date of issuance of EPs

 LBP vs. Domingo, G.R. No. 168533, 4 February 2008
LBP vs. Dumlao, G.R. No. 167809, 27 November 2008
DAR vs. Tiongson, G.R. No. 171674, 4 August 2009

4. Effect of Change in Date of Taking

Formula under RA 6657 is to be used, resulting in higher valuation. Rationale is
because the agrarian reform process is not yet complete when RA 6657 took effect
on 15 June 1988.
LV = (CNI x .60) + (CS x .30) + (MV x .10)
5. Reason for Divergent PD 27 Rulings on the Date of Taking
Courts have recognized that the determination of the value of the land as of October
21, 1972 will result in a low valuation and fixing the date of taking on a later date,
and in accordance with RA 6657, will increase the valuation
6. Relevance of PD 27 Jurisprudence Today
RA 9700 (July 1, 2009) rendered the issue on date of taking for PD 27-acquired
lands moot and academic
Section 5 of RA 9700 - all previously-acquired lands subject to challenge should
be finally resolved in accordance with Section 17 of RA 6657, as amended.
DAR AO No. 1, series of 2010 - provides that the reckoning date of the AGP and
SP inputs needed in the computation shall be June 30, 2009; provides the legal
formula in the computation:
LV = (CNI x .60) + (CS x .30) + (MV x .10)
Or
LV = (CNI x .90) + (MV x .10)
E. Exemptions from Taxes and Fees [Section 66, 67]

Session Ten - Continuation of the Comprehensive Agrarian Reform Program

(R.A. 6657) (Nov. 13, 2017)

VII. Land Redistribution

A. Beneficiaries [Section 22]
Beneficiaries, in their order of priority, are:
1. Agricultural lessees and share tenants
 2. Regular Farmworkers: a natural person who is employed on a permanent basis by an
agricultural enterprise or farm [Section 3(h)]
a. Farmer [Section 3(f)]
b. Farmworker [Section 3(g)]

3. Seasonal farmworkers [Section 3(i)]

4. Other farmworkers [Section 3(j)]

5. Actual tillers or occupants of public lands
6. Collective or cooperatives of the above beneficiaries; [Section 3(k)]; and
7. Others directly working on the land
B. Disqualifications of Beneficiaries [Section 22]
1. Beneficiaries under Presidential Decree No. 27 who have culpably sold, disposed of,
or abandoned their land;
2. Beneficiaries guilty of negligence or misuse of the land or any support extended to
them;
Belmi v. CAR, 7 SCRA 812
3. Beneficiaries with at least three (3) hectares of agricultural land; and
4. Beneficiaries whose land have been the subject of foreclosure by the Land Bank of the
Philippines. [Section 26]
C. Awards
1. Emancipation Patents (EPs)
LBP v. Lajom GR Nos. 184982 & 185048, August 20, 2014
2. Certificates of Land Ownership Award (CLOAs)
3. Free Patents
4. Certificates of Stewardship Contracts
D. Manner of Payment [Section 26]
E. Ownership Limitations on the Awarded Lands
1. Transferability of Awarded Lands [Section 27]
Maylem v. Morciento, GR 162721, July 13, 2009
2. Conversions of Lands [Section 66]
a. Authority to Allow Conversion of Agricultural Land for Non-agricultural Uses
 b. After the lapse of five (5) years from its award, when the land ceases to be
economically feasible and sound for agricultural purposes, or the locality has
become highly urbanized and the land will have greater economic value for
residential, commercial or industrial purposes, the DAR, upon application of the
beneficiary or the landowner, may authorize the reclassification or conversion on
the land and its disposition: Provided, That the beneficiary shall have fully paid his
obligation. [Section 65]

c. Grounds for conversion

d. Administrative Order No. 20, Series of 1992 [Took effect on 30 December 1992]

e. DAR AO 1-02 The 2002 Comprehensive Rules on Land Conversion

Fortich v. Corona, GR No. 131457, April 24, 1998 Decision, Opinion and
Resolution of the MR with the Decision of the OP on the Sumilao case.
3. Disturbance Compensation [Section 36(1) of Republic Act No. 3844]
4. Difference (Exemption, Conversion and Reclassification)
a. CREBA V. Secretary of Agrarian Reform, GR No. 183409, June 18, 2010
Ros v. DAR, G.R. No. 132477, August 31, 2005
b. Land reclassification Section 20, RA 7160 Local Govt Code of 1991
c. MC 54, s 1993 from the Office of the President
- Prescribing the Guidelines governing Sec. 20, RA 7601 Authorizing Cities and
Municipalities to Reclassify Agricultural Lands to Non-Agricultural Uses

Session Eleven - Continuation of the Comprehensive Agrarian Reform

Program (R.A. 6657) (Nov. 20, 2017)

VIII. Corporate Farms

A. Definition
* Corporate farms are farms which are owned or operated by corporations or other
business associations. [Section 29]
B. Distribution
1. Land Transfer (Voluntarily Offer to Sell or Compulsory Acquisition)
a. General rule
b. Exception - [Section 29]
 c. Land is transferred to a cooperative or association [Section 30]
2. Capital Stock Transfer [Section 31]
a. This is a non-land transfer
b. Amount to be divested
c. Conditions of the Capital Stock Transfer
d. Period for Compliance

IX. Support Services

A. General Support and Coordinative Services [Section 35]

B. Support Services to Beneficiaries [Section 37]
C. Support Services to Landowners [Section 38]
D. Funding [Section 36]
X. Special Areas of Concern [Section 40]
A. Subsistence Fishing
B. Logging and Mining Concessions
C. Sparsely Occupied Public Agricultural Lands
D. Idle, Abandoned, Forecloses and Sequestered Lands
E. Rural Women
F. Veterans and Retirees
G. Agriculture Graduates
XI. Program Implementation
A. Presidential Agrarian Reform Council (PARC)
1. Composition [Section 41]
2. Functions and Duties [EO 229, 1987]
3. Executive Committee (EXCOM) of the PARC [Section 42]
4. PARC Secretariat [Section 43]
B. Provincial Agrarian Reform Coordinating Committee (PARCCOM)
1. Composition [Section 44]
2. Functions and Duties [Section 45]
C. Barangay Agrarian Reform Committee (BARC)
 1. Composition [EO 229, 1987]
2. Functions [EO 229, 1987 and Section 47]
D. Others
1. No injunction, restraining order, prohibition or mandamus shall be issued by the lower
courts against the DAR, DA, DENR and DOJ in their implementation of CARP.
[Section 68]
* This does not apply to the Supreme Court.
2. The PARC, in the exercise of its functions, is hereby authorized to call upon the
assistance and support of other government agencies, bureaus and offices, including
government-owned or controlled corporations. [Section 69]

Session Twelve - Continuation of the Comprehensive Agrarian Reform

Program (R.A. 6657) (Nov. 27, 2017)

XII. Administrative Adjudication

A. Jurisdiction on agrarian disputes
1. The Department of Agrarian Reform [Section 50]
3. DAR Adjudicator

a. Department of Agrarian Reform Adjudication Board (DARAB)

b. Regional Agrarian Reform Adjudicator (RARAD)
c. Provincial Agrarian Reform Adjudicator (PARAD)

4. Exclusive Jurisdiction of the Secretary of Agrarian Reform

B. BARC Certification Requirement

1. The DAR shall not take cognizance of any agrarian dispute of controversy unless a
certification from the BARC that the dispute has been submitted to it for mediation and
conciliation without any success of settlement is presented. [Section 53]
2. Exceptions to the BARC Certification Requirement
C. Rules of Procedure
1. It shall not be bound by technical rules of procedure and evidence but shall proceed to
hear and decide all cases, disputes or controversies in a most expeditious manner,
employing all reasonable means to ascertain the facts of every case in accordance with
justice and equity and the merits of the case. [Section 50]
 2. Responsible leaders shall be allowed to represent themselves, their fellow farmers, or
their organizations in any proceedings before the DAR [Section 50]
3. To discourage frivolous or dilatory appeals from the decision or order on the local or
provincial levels, the DAR may impose reasonable penalties, including but not limited
to fines or censures upon erring parties. [Section 52]
D. Enforcement Powers [Section 50]
Jusayan v. Sombilla, GR 163928, Jan. 21, 2015 (746 SCRA 43)
E. Judicial Review [Sections 50, 54]
XIII. Special Agrarian Court
A. Jurisdiction [Section 57]
1. The Special Agrarian Courts (Regional Trial Courts)s original and exclusive
jurisdiction
2. The Special Agrarian Courts may appoint one or more commissioners to examine,
investigate and ascertain facts relevant to the dispute, including the valuation of proper-
ties and to file a written report thereof with the court.
B. Appeals
XIV. Prohibited Acts and Omissions
A. Prohibited Acts and Omissions
1. Section 73
2. Penalty

B. Conversions
XV. Relation to Other Laws
A. Suppletory Application: The provisions of Republic Act No. 3844, as amended,
Presidential Decree Nos. 27 and 266, as amended, Executive Order Nos. 228 and 229, both
Series of 1987; and other laws not inconsistent with this Act shall have suppletory effect.
[Section 75]
B. Repealing Clause: Section 35 of Republic Act No. 3844, Presidential Decree No. 316, the
last two paragraphs of Section 12 of Presidential Decree No. 946, Presidential Decree No.
1038, and all other laws, decrees, executive orders, rules and regulations, issuances or parts
thereof inconsistent with CARL are hereby repealed or amended accordingly.
XVI. Effectivity
* CARL takes effect immediately after publication in at least two (2) national newspapers of
general circulation. CARL was printed 15 June 1988.