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Laws RA 3844 PD 27 EO 228 EO 129-A PROC 131 RA 6657 (7881,9700)

Declaration of Policies Owner-cultivatorship and Emancipation of tenants from the Determination of cost for full Reorganziation of DAR for the Institution of the Comprehensive Equitable distribution and
economic family size farm, as well bondage of soil, transfer ownership to qualified farmers. abolishment of feudalism and all Agrarian Reform Program ownership of land, for the benefit
as diverting landlord capital in ownership of land they till. other types of unjust tenurial of landless farmers and
agriculture to industrial arrangements and to implement farmworkers in order to promote
development. the comprehensive agrarian social justice
reform program
Coverage Agricultural Land" means land primarily devoted to rice and corn Any Agricultural land by the state Comprehensive Agrarian Reform (a) All alienable and disposable
devoted to any growth, including under a system of sharecrop or Rice and Corn lands covered in or private properties Program (CARP) is hereby lands of the public domain
but not limited to crop lands, salt lease-tenancy, whether classified PD 27 instituted which shall cover, devoted to or suitable for
beds, fish ponds, idle land and as landed estate or not; regardless of tenurial arrangement agriculture. No reclassification of
abandoned land as defined in and commodity produced all forest or mineral lands to
paragraphs 18 and 19 of this The tenant farmer, whether in land public and private agricultural agricultural lands shall be
Section, respectively. classified as landed estate or not, lands as provided in the undertaken after the approval of
shall be deemed owner of a Constitution, including whenever this Act until Congress, taking into
portion constituting a family-size applicable in accordance with law, account ecological, developmental
farm of five (5) hectares if not other lands of the public domain and equity considerations, shall
irrigated and three (3) hectares if suitable to agriculture. have determined by law, the
irrigated; specific limits of the public
In all cases, the landowner may domain.
retain an area of not more than
seven (7) hectares if such b All lands of the public domain in
landowner is cultivating such area excess of the specific limits as
or will now cultivate it. determined by Congress in the
preceding paragraph;

c. All other lands owned by the


Government devoted to or suitable
for agriculture

d. All private lands devoted to or


suitable for agriculture regardless
of the agricultural products raised
or that can be raised thereon.
Tenancy Arrangement Shared tenancy contracts shall be This shall apply to tenant farmers Lease rentals paid to the N/A regardless of tenurial arrangement DAR is mandated to determine
abolished of private agricultural lands landowner by the farmer and commodity produced all and fix immediately the lease
That existing share tenancy primarily devoted to rice and corn beneficiary after October 21, public and private agricultural rentals thereof in accordance with
contracts may continue in force under a system of sharecrop or 1972, shall be considered as lands as provided in the Section 34 of Republic Act No.
and effect in any region or locality, lease-tenancy, whether classified advance payment for the land. In Constitution 3844, as amended: provided, that
to be governed in the meantime as landed estate or not; the event of dispute with the the DAR shall immediately and
by the pertinent provisions of landowner regarding the amount periodically review and adjust the
Republic Act Numbered Eleven of lease rental paid by the farmer rental structure for different crops,
hundred and ninety-nine, as beneficiary, the Department of including rice and corn, or different
amended, until the end of the Agrarian Reform and the regions in order to improve
agricultural year when the Barangay Committee on Land progressively the conditions of the
National Land Reform Council Production concerned shall farmer, tenant or lessee.
resolve the dispute within thirty
(30) days from its submission
pursuant to Department of
Agrarian Reform Memorandum
Circular No. 26, series of 1973,
and other pertinent issuances.

Mode of Acquistion The Authority shall, upon petition The government shall guaranty N/A The provisions for the After having identified the land,
in writing of at least one-third of such amortizations with shares of mechanisms needed initially to the landowners and the
the lessees and subject to the stock in government-owned and implement the Comprehensive beneficiaries, the DAR shall send
provisions of Chapter VII of this government-controlled Agrarian Reform Program are set its notice to acquire the land to the
Code, institute and prosecute corporations; forth in Executive Order No. 229, owners thereof, by personal
expropriation proceedings for the dated 22 July, 1987, which is a delivery or registered mail, and
acquisition of private agricultural companion measure to this post the same in a conspicuous
lands and home lots enumerated Proclamation. place in the municipal building and
under Section fifty-one. barangay hall of the place where
the property is located. Said notice
shall contain the offer of the DAR
to pay a corresponding value in
accordance with the valuation set
forth in Sections 17, 18, and other
pertinent provisions hereof.

Retention Exemption Exclusion (1)Twenty-five per centum of the Title to land acquired pursuant to Beneficiaries under P.D 27 have N/A In no case shall retention by the
entire produce of the land under this Decree or the Land Reform acquired full ownership pursuant landowner exceed five (5)
cultivation; and Program of the Government shall to EO 288 hectares. Three (3) hectares may
(2)Work animals and farm not be transferable except by be awarded to each child of the
implements belonging to the hereditary succession or to the landowner, subject to the following
agricultural lessee: Provided, That Government in accordance with qualifications: (1) that he is at
their value does not exceed one the provisions of this Decree, the least fifteen (15) years of age; and
thousand pesos. But no article or Code of Agrarian Reforms and (2) that he is actually tilling the
species of property mentioned in other existing laws and land or directly managing the
this Section shall be exempt from regulations; farm: provided, that landowners
execution issued upon a judgment whose lands have been covered
recovered for its price or upon a by Presidential Decree No. 27
judgment of foreclosure of a shall be allowed to keep the areas
mortgage thereon. originally retained by them
thereunder: provided, further, that
original homestead grantees or
their direct compulsory heirs who
still own the original homestead at
the time of the approval of this Act
shall retain the same areas as
long as they continue to cultivate
said homestead.
Compensation the annual lease rental income For the purpose of determining the (a)Bond payment over ten (10) N/A In determining just compensation,
authorized by law capitalized at cost of the land to be transferred years, with ten percent (10%) of the cost of acquisition of the land,
the rate of six per centum per to the tenant-farmer pursuant to the value of the land payable the value of the standing crop, the
annum. this Decree, the value of the land immediately in cash, and the current: value of like properties, its
shall be equivalent to two and balance in the form of LBP bonds nature, actual use and income, the
one-half (2 ½) times the average bearing market rates of interest sworn valuation by the owner, the
harvest of three normal crop years that are aligned with 90-day tax declarations, the assessment
immediately preceding the treasury bills rates, net of made by government assessors,
promulgation of this Decree; cd i applicable final withholding tax. [ADDS “and seventy percent
The total cost of the land, One-tenth of the face value of the (70%) of the zonal valuation of the
including interest at the rate of six bonds shall mature every year Bureau of Internal Revenue (BIR),
(6) per centum per annum, shall from the date of issuance until translated into a basic formula by
be paid by the tenant in fifteen the tenth year. the DAR shall be considered,
(15) years of fifteen (15) equal The LBP bonds issued subject to the final decision of the
annual amortizations hereunder shall be eligible for the proper court.] The social and
purchase of government assets economic benefits contributed by
to be privatized. asia dc the farmers and the farmworkers
and by the Government to the
property as well as the
(b)Direct payment in cash or in nonpayment of taxes or loans
kind by the farmer beneficiaries secured from any government
with the terms to be mutually financing institution on the said
agreed upon by the beneficiaries land shall be considered as
and landowners and subject to additional factors to determine its
the approval of the Department valuation.
of Agrarian Reform; and
(c)Other modes of payment as
may be prescribed or approved by
the Presidential Agrarian Reform
Council.

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