AGRARIAN LAW AND SOCIAL LEGISLATION REVIEWER (MIDTERMS) HISTORY OF PHILIPPINE AGRARIAN LAWS Rice Share Tenancy enancy Act – enacted enacted to regulate regulate the relations relationship hip betwe between en landlo landlords rds and tenant tenants s on rice rice lands. lands. (amend (amended ed by Commonwe Commonwealth alth Act 178 amended amended by RA no. !" by introduci introducing ng changes in crop di#ision amended by RA $$%!&& Sugar Tenancy Act – enacted to regulate the relationship between landlords and tenants on lands planted to sugar cane. (amended by Commonwealth Act $71 by e'tending its application to sugar arm wor)ers& Agricultural Share Tenancy Tenancy Act (RA 11**& 11**& – it repealed all the earlier tenancy laws e'cept the Sugar Tenancy Act. Agricultural +and Reorm Code o 1*%! (RA !8""& !8""& – abolished share tenancy. ,n its place it instituted the agricultural leasehold system. (amended by Code o Agrarian ReormsRA %!8*& Tenant -mancipation +aw (/ 0o. $7& – promulgated by erdinand -. 2arcos which pro#ided or the transer o lands primarily de#oted to rice and corn to the tenants. -3 0o. 0o. $$8 (4uly 17 1*87& 1*87& – declar declaring ing ull land land owners ownership hip to 5ualiied beneiciaries co#ered by / $7. -'ec -'ecut uti# i#e e 3rde 3rderr 1$*6 1$*6A A (4ul (4uly y $% $% 1*87 1*87&& 6 modi modiy yin ing g -3 1$* 1$* Reorganiing and Strengthening /AR roclamat roclamation ion 1!1 (4uly $$ 1*87& 6 ,nstituti ,nstituting ng a Comprehen Comprehensi#e si#e Agrarian Reorm rogram. rogram. CAR CAR o 1*88 1*88 (RA (RA %%7 %%7 4une 4une 19 1*88& – amende amended d certai certain n pro#icions by RA 7881 strengthened by RA *799.
ANGELA MARIE A. ALMALBIS
TRANSFER TRANSFER OF PRIVA PRIVATE AND AND PUBLIC PUBLIC LANDS LANDS TO FARMER FARMER BENEFICIARIES Sec. 3 (a) – Def!"#! #f A$%a%a! Ref#%& Agrarian Reorm – the redistribution o lands regardless o crops or ruits produced to armers and regular armwor)ers who are landless irrespecti#e o tenurial arrangement to include the totality o actors and support ser#ices ser#ices designed to lit the economic economic status o the beneiciaries and all other arrangements alternati#e to the physical redistribu redistribution tion o lands lands such as productio production n or proit6sha proit6sharing ring labor administration and the distribution o shares o stoc)s which will allow beneiciaries to recei#e a :ust share o the ruits o the lands they wor). Sec. ' Sc#e CAR+ o 1**8 shall co#er regardless o tenurial arrangement and commodity commodity produced produced all public public and pri#ate pri#ate agricultu agricultural ral lands lands including other lands o the public domain suitable or agriculture; ro#ided ro#ided that landholdings landholdings o landowner landowners s with a total area o hectar hectares es and below below shall shall not be co#ere co#ered d or ac5uis ac5uisiti ition on and distribution to 5ualiied beneiciaries. The . lands are co#ered by CAR; a. All aliena alienable ble and dispos disposabl able e lands o the public public domain domain de#oted to or suitable or agriculture. b. All lands lands o the public public domai domain n in e'cess e'cess o the speci speciic ic limits limits as determined by Congress in the preceding paragraph< c. All other other lands lands owned owned by the the =o#ernm =o#ernment ent de#ote de#oted d to or suitable or agriculture< d. All All pri# pri#at ate e land lands s de#o de#ote ted d to or suit suitab able le or or agri agricu cult ltur ure e regardless o the agricultural products raised or that can be raised thereon. +and 03T co#ered by CAR; a. ri#ate ri#ate lands lands with with a total area area o hectares hectares and and below< below< b. +ands +ands actual actually ly direct directly ly and e'clusi e'clusi#el #ely y used used or par)s par)s wildlie orest reser#es reorestation ish sanctuaries and breeding grounds watersheds and mangro#es<
c.
ri#ate lands actually directly and e'clusi#ely used or prawn arms and ishponds d. +ands actually directly and e'clusi#ely used and ound to be necessary or; national deense school sites and campuses e'perimental arm stations seeds and seedling research and pilot production church sites and con#ents mos5ue sites and ,slamic centers. Communal burial grounds and cemeteries penal colonies and penal arms research and 5uarantine centers all lands with 18 > slope and o#er e'cept those already de#eloped. Sec. P%#%"e* + Ac,-*"#! a! D*"%/-"#! Sc0e&e All remaining agricultural lands during the yr e'tension period up to 4une !9 $91" in the ollowing order o priority; a. +ands with an area o more than 9 hectares speciically; 1. Those sub:ected to 0otice o Co#erage on or beore 1$6 19698 $. Rice and corn lands !. ,dle or abandoned lands ". ri#ate lands #oluntarily oered . +ands oreclosed %. +ands ac5uired by the C== 7. All other lands owned by the go#ernment de#oted to or suitable or agriculture b. +ands with an area o $" hectares up to 9 hectares speciically; c. +ands with an area o more than 19 hectares up to $" hectares d. +ands rom the retention limit up to 19 hectares. ?ualiied beneiciaries – only armers and regular armwor)ers actually tilling the lands as certiied under oath by the @ARC and attested under oath by the landowners. Sec. 12 La! Ac,-*"#! (C#&-*#%4 Ac,-*"#!) P%#ce-%e5 1. ,dentiication by the /AR o the land landowner and beneiciary<
ANGELA MARIE A. ALMALBIS
$. 0otice by the /AR to the landowner about the compulsory ac5uisition and the price oer by mail and posting in brgy hall and municipal hall !. Reply by the landowner about his acceptance or re:ection o the oered price. 6, +3 accepts price +@ will pay +3 within !9 days rom e'ecution and deli#ery o /eed o Transer 6, +3 re:ects /AR will determine :ust compensation thru administrati#e proceedings< , +3 disagrees with the decision o the /AR he may bring the matter to the regular courts o :ustice or inal determination o :ust compensation. ". Ta)ing o immediate possession o the land by the /AR. 6 , +3 recei#es the corresponding payment< or 6, +3 does not respond to the 0otice o Ac5uisition. . Re5uest by the /AR to the Registry o /eeds to issue a TCT to the Republic o the hil. %. /istribution o the land to the 5ualiied beneiciaries. $ 03T,C-S re5uired or the #alidity o implementation; 1. 0otice o Co#erage pursuant to /AR A3 0o. 1$ s. 1*8* $. 0otice o Ac5uisition pursuant to Sec 1% o CAR+ ailure to comply with the proper procedure would be a #iolation o constitutional due process and should be deemed arbitrary capricious whimsical and tainted with gra#e abuse o discretion. hen titleBownership is transerred to the State – upon ull payment o the :ust compensation. Dntil the 4C is inally determined and ully paid the titleBownership remains with the +3. -#en i /AR deposited the oered price with the +@ it does not warrant the cancellation o the +3Es title. 3pening o a trust account does not constitute payment because the law re5uires :ust compensation to be paid in cash and +@ bonds and not by trust account.
Sec. 16 La! Ac,-*"#! (V#-!"a%4 Offe% "# Se) I!ce!"7e*5 +3 is entitled to an additional > cash payment. /ocumentary Re5uirements; 1. Title or proo o ownership i untitled< $. Ta' declaration< and !. Appro#ed sur#ey plan , +3 ails to submit the land will be sub:ected to compulsory ac5uisition.
LANDS NOT COVERED BY LAND AC8UISITION Sec. 2 Re"e!"#! L&"* +3 has the right to retain not more than hectares o his landholdings. The retained area need not be personally culti#ated by the +3 – culti#ation can be done indirectly through labor administration. Can a +3 who already e'ercised his retention rights under / $7 be entitled to retention right under CAR+ – 0o more. Fowe#er i the +3 chooses to retain hectares under CAR+ the 7 hectares pre#iously retained by him under / $7 shall be immediately placed under the co#erage o CAR+. Can spouses retain hectares each under CAR+ – ,t depends. a. , the property regime is con:ugal or absolute community – the spouses can retain only hectares. /. , the property regime is separation o property – the spouses can retain hectares each (a total o 19 hectares& ho has the right to choose the retention area – the landowner. The c0#*e! a%ea should be C32ACT and C30T,=D3DS. As long as the area to be retained is compact and contiguous and it does not e'ceed the retention ceiling o hectares the +3Es choice o the area to be retained must pre#ail.
ANGELA MARIE A. ALMALBIS
The +3 should e'ercise his right o retention within %9 days rom receipt o the 0otice o Co#erage. , he does not e'ercise his right o retention within the speciied period the 2AR3 will designate the retained area or the +3. , +3 disagrees with the selected area he may ile a protest with the 2AR3. Can a +3 e'ercise his right to retention o#er the land which has already been co#ered by an - or C+3A 6The issuance o - or C+3A to beneiciaries does not absolutely bar the +3 rom retaining the area co#ered thereby. , the +3 has been depri#ed o his right to retention he may ile a petition or cancellation o the - or C+3A that may ha#e been issued to the tenants. Dnder A3 no. $ s. 1**" an - or C+3A may be cancelled i the land co#ered is later ound to be part o the +3Es retained area. (/ae #. CA& , the retention area chosen by the +3 is tenanted what happens to the tenant 6 The tenant may choose in whether to remain therein or be a beneiciary in the same or another agricultural land with similar or comparable eatures. 6 The tenant must choose within 1 year rom the time the +3 maniests his choice o the area or retention. -lements o tenant6landlord relationship; 1. The +3 has engaged a person to personally culti#ate an agricultural land< and $. The +3 is compensated in terms o share in the produce (share tenancy& or in terms o a price certain or ascertainable in produce or in money or both (leasehold tenancy&. -ect i the tenant chooses to remain in the retained area; 6Fe will no longer be considered as a tenant but as an agricultural lessee and he will no longer 5ualiy as an agrarian reorm beneiciary.
Term o lease; the agricultural leasehold relation once established continues until such leasehold relation is e'tinguished through; a. Abandonment or #oluntary surrender o the landholding by the lessee< or b. Absence o successor in the e#ent o death or permanent incapacity o the lessee The relation is not necessarily e'tinguished by death or incapacity it continues between the lessor and the person who can culti#ate the landholding personally which the lessor can choose rom; sur#i#ing spouse< the eldest direct descendant< or the ne't eldest descendant. -ect i the tenant chooses to be a beneiciary; 6 Fe loses his right to be a lessee o the land retained by the +3. Children o the +3 are entitled to ! hectares each. , the +3 owns more than hectares o agricultural land the e'cess area may be awarded to the children o the +3 to the e'tent o ! hectares or each child under the . conditions; 1. The child is at least 1 yrs old< and $. The child is actually tilling the land or directly managing the arm The child need not directly or personally till the land – it is enough that he directly manages the arm. =eneral Rule; +ands awarded to children cannot be sold transerred con#eyed within 19 years. -GC-T; a. through hereditary succession< b. to the go#ernment< c. to the +@< d. to other 5ualiied beneiciaries Children or Spouse may repurchase within $ years rom date o transer Sec. 2+A. E9ce"#! "# Re"e!"#! L&"*
ANGELA MARIE A. ALMALBIS
+ocal =o#ernment Dnits e'propriating agricultural lands or actual direct and e'clusi#e public purpose shall not be sub:ect to the hectare retention limit P%#ce**5 +and will be ac5uired by the 0ational =o#ernment through the /AR with :ust compensation to the landowner then /AR will distribute the land to the Agrarian beneiciaries. Ater that +=D will e'propriate the land and pay agrarian beneiciaries :ust compensation. Sec. 1:. E9e&"#!* a! E9c-*#!* 1. +ands actually directly and e'clusi#ely used or par)s wildlie orest reser#es reorestation ish sanctuaries and breeding grounds watersheds and mangro#es. $. ri#ate lands actually directly and e'clusi#ely used or prawn arms and ishponds ro#ided said prawn arms and ishponds ha#e not been distributed and C+3A issued to beneiciaries under CAR. !. +ands actually directly and e'clusi#ely used and ound to be necessary or national deense school sites and campuses including e'perimental arm stations operated by public or pri#ate schools or educational purposes seeds and seedling research church sites cemeteries penal colonies and all lands with 18> slope and o#er e'cept those already de#eloped. +ands already classiied or residential commercial or industrial use by the Fousing and +and Dse Regulatory @oard prior to the eecti#ity o the CAR+ are 03T sub:ect to agrarian reorm. Na"aa Rea"4 7 DAR5 The unde#eloped portions o the subdi#ision cannot be considered Hagricultural landsI. These lots were intended or residential use. They ceased to be agricultural lands upon appro#al o their inclusion in the +ungsod Silangan Reser#ation. -#en today they are continued to be de#eloped as low cost housing subdi#ision. These lands are still residential lands and outside o the ambit o CAR+.
S!ce Na"aa a!* ;e%e c#!7e%"e %#% "# <-!e 1=> 16??> DAR * /#-! /4 *-c0 c#!7e%*#!.
CMU 7 DARAB5 @y the #ery nature o the C2D which is a school established to promote agriculture and industry the need or #ast tract o agricultural land or uture e'pansion is ob#ious. As to the determination o when and what lands are ound to be necessary or use by the C2D the school is in the best position to resol#e and answer the 5uestion and pass upon the problem o its needs in relation to its a#owed ob:ecti#es. Secretary o Agrarian Reorm – has the :urisdiction and authority to e'empt or e'clude a property rom the co#erage o the agrarian reorm program. Sec. 1 De"e%&!a"#! #f <-*" C#&e!*a"#! 4ust Compensation – the ull and air e5ui#alent o the property ta)en rom its owner by the e'propriator. actors used in the #aluation o lands; 1. Capitalied 0et ,ncome (C0,& which is based on land use and producti#ity $. Comparable Sales (CS& which is based 79> o the @,R onal #alue< and !. 2ar)et Jalue (2J& which is based on the Ta' /eclaration. Ba*c F#%&-a hen all actors are present; C0, ' 9.%9 K CS ' 9.!9 K 2J ' 9.19 L +and Jalue hen C0, is not present; CS ' 9.*9 K 2J ' 9.19 L +and Jalue hen CS is not present; C0, ' 9.*9 K 2J ' 9.19 L +and Jalue hen CS and C0, are not present; 2J ' $ L +and Jalue @asis in determining 4C; the #alue o the property at the time it was ta)en rom the owner and appropriated by the go#ernment.
ANGELA MARIE A. ALMALBIS
Time o ta)ing; when title is transerred to hilippines or beneiciaries and when agricultural land #oluntarily oered by a landowner was appro#ed by ARC. , there is delay the #alue should be determined not at the time o ta)ing o the land but at the time o ull payment o the :ust compensation. rocedure or determination o 4ust Compensation; 1. +@ determines #alue o the land $. Dsing +@Es #aluation the /AR ma)es an oer to the +3. !. ,n case the +3 re:ects the oer the /AR conducts a summary administrati#e proceeding to determine the compensation or the land by re5uiring the +3 the +@ and other interested parties to submit e#idence as to the :ust compensation. ". A party who disagrees with the decision o the ad:udicator may bring the matter to the RTC designated as a Special Agrarian Court or inal determination o :ust compensation. Role o the /ARA@; They can conduct a summary administrati#e proceeding or the preliminary determination o :ust compensation in order to determine whether land #aluation computations o the +@ are in accordance with the rules or administrati#e order. ho conducts reliminary roceedings o +and Jaluation 1. ARA/ – when the initial land #aluation o +@ is less than 19million $. RARA/ – when the initial land #aluation o +@ is 19million6 9million !. /ARA@ – when the initial land #aluation o +@ is abo#e 9million , ARA/ is not a#ailable RARA/ will conduct it notwithstanding the #alue o the land , RARA/ is not a#ailable /ARA@ will conduct or designate an Ad:udicator rom among the ARA/s in the region. Jaluation set by /AR is not conclusi#e. +3 may contest it to RTC within 1 days rom receipt o the boardEs decision. Dpon iling with
the RTC6SAC party shall ile 0otice o iling o 3riginal Action with the @oardBAd:udicator together with Certiied True Copy o petition iled with SAC. ailure to ile notice or submit Certiied True Copy the decision o the @oard will be inal and e'ecutory. hen notice and CTC are recei#ed the @oard shall not issue writ o e'ecution.
'. O"0e% Fa%&;#%e%* =. Ac"-a Te%* #% Occ-a!"* #f P-/c La!* 2. C#ec"7e* #% C##e%a"7e* . O"0e%* %ec"4 ;#%!$ #! "0e a! PROVIDED> 0#;e7e% c0%e! #f a!#;!e%* %efe%e!ce a! ac"-a "e!a!" "e%* !#" /e eec"e.
Consent o beneiciary compensation.
ho are eligible to become Agrarian Reorm @eneiciaries – +andless resident o the same barangay or municipality +andless Resident – armer or tiller who owns less than ! hectares o land ?ualiications; 1. ilipino Citien $. Resident o barangay or municipality where landholding is located !. At least 1 years old at the time o identiication screening and selection ". illing able and e5uipped with aptitude to culti#ate and ma)e land producti#e
is not re5uired in determination
o
Sec 1?. Va-a"#! a! M#e #f C#&e!*a"#! 1. Cash ayment or lands abo#e 9 hectares; $> cash balance to be paid in go#ernment inancial instruments negotiable at any time. or lands abo#e $" hectares to 9 hectares; !9> cash balance to be paid in go#ernment inancial instruments negotiable at any time. or lands $" hectares and below; !> cash balance to be paid in go#ernment inancial instruments negotiable at any time. $. Shares o stoc) in =3CCs +@ preerred shares physical assets or other 5ualiied in#estments in accordance with guidelines set by the ARC< !. Ta' credits which can be used against any ta' liability< ". +@ bonds which shall mature e#ery year until the 19 th year •
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Sec. @@ – A. O%e% #f P%#%"4 C0%e! – 3 0ec"a%e* eac0 A$%c-"-%a Le**ee*> S0a%e Te!a!"* a! Re$-a% Fa%&;#%e%* – 3 0ec"a%e* eac0 T0e! "0e %e&a!!$ /e $7e! "# Sea*#!a Fa%&;#%e%*> O"0e% Fa%&;#%e%*> Ac"-a Te%* #% Occ-a!"* #f P-/c La!*> C#ec"7e* #% C##e%a"7e*> O"0e%* %ec"4 ;#%!$ #! "0e a!.
+A0/ R-/,STR,@DT,30 Sec. @@ 8-afe Be!efca%e* T0e a!* c#7e%e /4 "0e CARP *0a /e *"%/-"e a* &-c0 a* #**/e "# a!e** %e*e!"* #f "0e *a&e /a%a!$a4 #% ! "0e a/*e!ce "0e%e#f> a!e** %e*e!"* #f "0e *a&e &-!ca"4 ! "0e ff. #%e% #f %#%"45 1. A$%c-"-%a Le**ee* a! S0a%e Te!a!"* @. Re$-a% Fa%&;#%e%* 3. Sea*#!a Fa%&;#%e%*
ANGELA MARIE A. ALMALBIS
Sec. @3. D*"%/-"#! L&" N# ,-afe /e!efca%4 &a4 #;! &#%e "0a! 3 0ec"a%e* #f a$%c-"-%a a! Criteria o rioritiation; illingness Aptitude Ability to culti#ate and ma)e land producti#e< hysical Capacity< +ength o Ser#ice actors in determining sie o land; type o crop< type o soil< weather patterns< other pertinent actors critical or success o beneiciaries
Sec. @'. A;a% "# Be!efca%e* hen does rights and responsibilities commence – rom their receipt o a duly registered - or C+3A and actual physical possession o the awarded land. Such award shall be completed in not more than 189 days rom the date o registration o the title in the name o the Republic o the hilippines. ending issuance o C+3A the beneiciaries ha#e usuructuary rights o#er the awarded land. Transer o ownership to the beneiciaries is not automatic. Title and ownership o#er the land can be transerred to the beneiciaries #!4 -#! f- a4&e!" #f "0e -*" c#&e!*a"#! "# "0e a!#;!e%.
registration the 16year period shall be rec)oned rom constructi#e occupation o the land. Sec. @= A;a% Ce!$* f#% Be!efca%e* Be!efca%e* *0a /e a;a%e a! a%ea !#" e9cee!$ 3 0ec"a%e*. =eneral Rule; +and should be awarded to the indi#idual armer beneiciary and should be co#ered by an !7-a ""e. Fowe#er i the beneiciaries opt or collecti#e ownership collecti#e ownership title may be issued in the name o the co6owners or the collecti#e organiation. Sec. @2. Pa4&e!" /4 Be!efca%e*
hen does the /AR issue C+3A – only upon ull payment o amortiation by the armer6beneiciary. The C+3A in turn becomes the basis or the issuance in his name o an original or transer certiicate o title. C+3As become indeeasible and imprescriptible ater 1 year rom its registration with the Registry o /eeds. =rounds or cancellation o C+3A; 1. Abandonment o land $. 0eglect or 2isuse o land !. ailure to pay ! annual amortiations ". 2isuse or di#ersion o inancial and support ser#ices . Sale transer or con#eyance o right to use land %. ,llegal con#ersion o land 3bligations o Agrarian Reorm @eneiciaries; -'ercise due diligence in the use culti#ation and maintenance o the land including impro#ements thereon< and ay the +@ !9 annual amortiations with %> interest per annum. The amortiation will start 1 year rom the date o registration o the C+3A. Fowe#er i actual occupancy o the land ta)es place ater the •
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ayable to +@ in !9 annual amortiations with %> interest per annum. ayment starts; 1 year rom date o registration o the C+3A< or date o actual occupancy i the occupancy too) place ater the registration o C+3A.
@asis o Amortiation; 2a'. amortiation is > o the annual gross production as established by the /AR. Ater the th year the interest rate andBor the principal obligation may be reduced by the +@ to ma)e the repayment aordable. -ect o ailure to pay ! annual amortiations; +@ can oreit landholding and award it to other 5ualiied beneiciaries. The beneiciary whose land has been oreclosed or oreited will be permanently dis5ualiied rom becoming a beneiciary. Sec. @. T%a!*fe%a/"4 #f A;a%e La!* Be!efca%e* ca!!#"> ;"0! a e%# #f 1: 4ea%*> *e #% "%a!*fe% #;!e%*0 #f "0e a! e9ce"5 "0%#-$0 0e%e"a%4 *-cce**#!> "# "0e $#7e%!&e!"> "# "0e LBP> #% "# #"0e% ,-afe /e!efca%e*.
-ect o sale or transer to the go#ernment or the +@; the children or the spouse o the transeror can repurchase the land within $years rom the date o transer.
JAR,AT,30S ,0 +A0/ AC?D,S,T,30 Sec. 31. C#%#%a"e La!#;!e%*
Can a beneiciary who has not ully paid amortiations sell the land to another Mes under . conditions; Appro#al o the /AR< land should be sold only to an heir or to any other 5ualiied beneiciary< and the transeree must underta)e to culti#ate the land himsel otherwise the +@ will ta)e the land or proper disposition. , complied with +@ will compensate the beneiciary in one lump sum or the amounts he has already paid together with #alue o impro#ements. Can the beneiciary lease the land Mes pro#ided that the lease is or agricultural purposes. , or non6agricultural see) appro#al o the /AR. ,t can also be leased to ormer +3 ater obtaining appro#al rom the /AR through the ARC. ,2R3J-2-0T 3 TF- +-AS-F3+/ R-+AT,30SF, Sec. 1@. De"e%&!a"#! #f Lea*e Re!"a* DAR 0a* "0e #;e% "# f9 %e!"a*> in this wise; or lands de#oted to rice and other crops – $> o the a#erage normal har#est ater deducting the amount used or seeds and the cost o har#esting or threshing. , there has been no normal har#est then the estimated normal har#est during the ! agricultural yrs immediately preceding the date the leasehold was established. or sugarcane lands – $> o a#erage normal har#est less the #alue o the cost o seedsBcane points har#esting loading hauling andBor truc)ing ee and cost o processing. or coconut lands – $> o the a#erage normal har#est or a speciic area or the preceding ! calendar years less the #alue o production cost. •
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$ schemes a#ailable to corporate +os< 1. Joluntary +and Transer $. Stoc) distribution @oth schemes are no longer operati#e. 3nly allowed up to 4une !9 $99*. Ater this date the modes o ac5uisition are limited to #oluntary oer to sell and compulsory ac5uisition. Sec. 3@. P%#-c"#!+S0a%!$ + , more than 2 gross salesByear are realied; !> o the gross sales 6 to be distributed to regular and other arm wor)ers 1> o the gross sales – to be distributed to the managerial super#isory and technical employees + , proits are realied – additional 19> o the net proit ater ta' to be distributed to regular and other armwor)ers. T0* *ec"#! ;a* eca%e -!c#!*""-"#!a ;"0 %e*ec" "# 7e*"#c a! #-"%4. Sec. 3@+A. I!ce!"7e* ,ncenti#es or regular ishpond or prawn arm wor)ers is 7.> o the net proit beore ta' o#er. C30J-RS,30 3 A=R,CD+TDRA+ +A0/S Sec. 2=. C#!7e%*#! #f La!* Con#ersion – is the act o changing the current use o a piece o agricultural land into some other use as appro#ed by the /AR to wit; 6or residential commercial industrial and other non6agricultural purposes<
6or another type o agricultural acti#ity such as li#estoc) poultry and ishpond the eect o which is to e'empt the land rom CAR co#erage. 6or non6agricultural use other than that pre#iously authoried. Reclassiication – is the act o speciying how agricultural lands shall be utilied or non6agricultural uses such as residential industrial and commercial as embodied in the land use plan sub:ect to the re5uirements and procedures or land use con#ersion. -ect o reclassiication; ,t does not automatically allow the +3 to change its use it must undergo C30J-RS,30 beore he can use the agricultural land or other purposes. Scope o /AREs con#ersion authority; Those ater the eecti#ity o RA no. %%7 ho can apply or con#ersion 1. The beneiciary $. The +andowner with respect only to his retained area which is tenanted hen to ile application or con#ersion 6Ater the lapse o years rom the award o the land. Conditions beore application or con#ersion be iled; 1. hen the land ceases to be economically easible or agricultural purposes $. hen the locality has become urbanied and the land will ha#e a greater economic #alue or residential commercial or industrial purposes. 3bligations o the beneiciary when con#ersion is appro#ed; 1. ,n#est 19> o the proceeds rom the con#ersion in go#ernment securities< and $. ay +@ the ull price o the land upon con#ersion. +ands not sub:ect to con#ersion; 1. Agricultural lands within protected areas designated by 0,AS $. All irrigated lands
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All irrigable lands already co#ered by irrigation pro:ects with irm unding commitments ". All agricultural lands with irrigation acilities operated by pri#ate organiations Areas highly restricted rom con#ersion; 1. ,rrigable lands not co#ered by irrigation pro:ects with irm unding commitments $. Agro6industrial croplands !. Fighlands ". +ands issued with notice o land #aluation and ac5uisition . -n#ironmentally critical areas -ect o ailure to implement appro#ed con#ersion; +and will continue to be co#ered by CAR Sec. 2=+A. C#!7e%*#! !"# F*0#! a! P%a;! Fa%&* Ge!e%a R-e5 N# c#!7e%*#! #f P-/c A$%c-"-%a La!* !"# F*0#!* a! P%a;! Fa%&*. E9ce"5 when the coastal one is declared suitable or ishpond de#elopment by the pro#incial go#ernment and @AR , condition is complied with /-0R can allow the lease and de#elopment o the area. ri#ate Agricultural +ands; can be con#erted into ishponds and prawn arms up to a ma'imum area o hectares. @DT /AR may appro#e more than hectares i; The use o the land is more economically easible and sound or ishpondBprawn arm< Simple and absolute ma:ority o the regular arm wor)ersBtenants agree to the con#ersion. Sec. 2=+B. I!7e!"#%4 Felps /AR monitor unauthoried con#ersion o lands ishpondsBprawn arms. Sec. 2=+C. C0a!$e #f C%#* To harmonie agrarian reorm with the en#ironmental laws C0a!$e #f c%#* #e* !#" !ee DAR a%#7a. Sec. '1. P%e*e!"a A$%a%a! Ref#%& C#-!c (PARC)
ANGELA MARIE A. ALMALBIS
into
Chairperson; resident o the hilippines Jice6Chairperson; Secretary o Agrarian Reorm 2embers; Secretary o /epartment o Agriculture Secretary o /epartment o -n#ironment and 0atural Resources Secretary o /epartment o @udget and 2anagement Secretary o /epartment o ,nterior and +ocal =o#ernment Secretary o /epartment o ublic or)s and Fighways Secretary o /epartment o Trade and ,ndustry Secretary o /epartment o inance Secretary o /epartment o +abor and -mployment /irector6=eneral o 0ational -conomic and /e#elopment Authority resident o +and @an) o the hilippines Administrator o 0ational ,rrigation Authority Administrator o +and Registration Authority % representati#es o aected +3s to represent +uon Jisayas 2indanao % representati#es o Agrarian Reorm @eneiciaries ($ each rom +uJi2in; At least 1 rom indigenous peoples at least 1 rom duly recognied 0ational 3rganiation o Rural omen At least $9> o the members o ARC should be women but not less than $& Sec. '@ E9ec-"7e C#&&""ee Chairman; Secretary o the /AR 2embers; (resident will designate& Sec. '3 Sec%e"a%a" To pro#ide general support and coordinati#e ser#ices or the ARC Fead; Secretary o the /AR (he appoints all oicers and employees o secretariat& Assistant; Dndersecretary Support; Sta (determined by ARC -GC32& Sec. '' P%#7!ca A$%a%a! Ref#%& C##%!a"!$ C#&&""ee (PARCCOM) Chairman; (appointed by the resident upon recommendation o the -GC32&
ANGELA MARIE A. ALMALBIS
-'ecuti#e 3icer; ro#incial Agrarian Reorm 3icer (AR3& 1 representati#e each; /A /-0R +@ 1 representati#e each; e'isting armerEs organiation agricultural cooperati#es and 0=3s $ representati#es rom +3s $ representati#es rom armer and armwor)ers or beneiciaries 1 representati#e rom cultural communities Sec. '= P%#7!ce+/4+P%#7!ce I&e&e!"a"#! (/4 PARCCOM) or the peculiarities and needs o each pro#ince Sec. '2. Ba%a!$a4 A$%a%a! Ref#%& C#&&""ee (BARC) 1. armers and armwor)ers @eneiciaries $. armers and armwor)ers 0on6beneiciaries !. Agricultural Cooperati#es ". 3ther armer 3rganiations . @arangay Council %. 0=3s 7. +andowners 8. +@ *. 3icial o the /A assigned to the barangay 19. 3icial o the /-0R assigned to the area 11. /AR technologist assigned to the area – may act as secretary Sec. ' F-!c"#!* #f "0e BARC 1. To participate and gi#e support to the implementation o programs on agrarian reorm $. To mediate conciliate or arbitrate agrarian conlicts and issues that are brought to it or resolution !. To perorm such other unctions that the ARC -GC32 or /AR secretary may delegate Sec. '? Le$a A***"a!ce @ARC may see) legal ad#ice rom /AR to ensure solution is within the bounds o law Sec. '6 R-e* a! Re$-a"#!*
Substanti#e and rocedural Ta)e eect; 19 days ater publication in $ national newspapers o general circulation Sec. 23 F-!!$ S#-%ce 4ust compensation payment to +3s – rom Agrarian Reorm und Amount needed to implement CAR; 19billion pesos Amount rom =AA – not less than billion pesos Creba v. Secretary of Agrarian Reform: Reclassification is the act of specifying how agricultural lands shall be utilized for nonagricultural uses such as residential, commercial, industrial. The authority of the DAR to approve or disapprove conversion can only be exercised after the effectivity of RA !". #onversion is needed to change the current use of reclassified agricultural lands. Sta. Rosa Realty v CA: Agricultural lands that were already reclassified as non-agricultural prior to $une %!, %&'' does not re(uire any conversion clearance or authority from the DAR because said lands are not covered by #AR). R-S3+DT,30
3
A=RAR,A0
/,SDT-S
Sec. =: 8-a*+<-ca P#;e%* #f "0e DAR The /AR is hereby #ested with R,2ARM 4DR,S/,CT,30 to determine and ad:udicate agrarian reorm matter and shall ha#e -GC+DS,J- 3R,=,0A+ 4DR,S/,CT,30 o#er all matters in#ol#ing the implementation o agrarian reorm -GC-T those alling under the e'clusi#e :urisdiction o /A and /-0R. Two6old 4urisdiction o the /AR; 1. -ssentially e9ec-"7e and pertains to the enorcement and administration o the laws carrying them into practical operation and enorcing their due obser#ance. $. <-ca and in#ol#es the determination o rights and obligations o the parties
ANGELA MARIE A. ALMALBIS
/AR Sec.Regional 3iceAR32AR3 – concerns the implementation o agrarian reorm laws (e 'ecuti#e& /ARA@RARA/ARA/ – concerns ad:udication o agrarian reorm disputes (:udicial& ?uasi64udicial 4urisdiction o the /AR; thru /ARA@ 1. rimary 4urisdiction to determine and ad:udicate agrarian reorm matters $. Appellate 4urisdiction o#er orders and decisions o the agrarian reorm ad:udicators ?uasi64udicial owers o the /AR; thru /ARA@ 1. To hear and decide cases within its :urisdiction $. Summon witnesses !. Administer 3aths ". Ta)e testimony . ,ssue subpoena ad testiicandum or duces tecum %. ,ssue writs o e'ecution< and 7. unish direct or indirect contempt ARA/ – generally has primary and e'clusi#e :urisdiction to hear and decide agrarian disputes. Agrarian /ispute – any contro#ersy relating to tenurial arrangements whether leasehold tenancy stewardship or otherwise o#er lands de#oted to agriculture including disputes concerning armwor)ers associations or representation o persons in negotiating i'ing maintaining changing or see)ing to arrange terms or conditions o such tenurial arrangements. N0ot e#ery case in#ol#ing an agricultural land automatically ma)es it an agrarian dispute upon which the /ARA@ has :urisdiction. , occupancy and possession was by mere tolerance there is no agrarian dispute. A-A+; decisions o ARA/ are appealable to the /ARA@ within 1 days. /ARA@ has no :urisdiction o#er; 1. 2atters pertaining to ownership
$. Retention or -'emption ,ssues !. Right o ay ,ssues (+aguna -state # CA& ". ,dentiy and Classiy landholdings or agrarian reorm co#erage . 2atters pertaining to identiication and selection o beneiciaries Sec. =:+A E9c-*7e <-%*c"#! #! A$%a%a! D*-"e Agrarian case iled in regular court must 03T be dismissed but reerred to the /AR or the purpose o determining whether an agrarian dispute e'ists. 1 days to appeal the ruling o /AR to RTC and CA Sec. =1. F!a"4 #f De"e%&!a"#! The case shall be decided within !9 days ater submission or resolution. 3nly one motion or reconsideration is allowed. Rulings ater 1 days shall be inal. Sec. =@ F%7##-* Aea* /AR may impose reasonable penalties including but not limited to ine and censure Sec. =3 Ce%"fca"#! #f "0e BARC ,t is a prere5uisite to iling o a complaint beore the /ARA@. ,t is not needed in :udicial determination o :ust compensation where Special Agrarian Courts ta)e cogniance not /ARA@. Sec. =' Ce%"#%a% ,t is a remedy rom an ad#erse ruling o the /AR within 1 days rom notice o ruling brought to CA. Secretary o the /AR – has e'clusi#e and original :urisdiction o#er all cases in#ol#ing the cancellation o registered -s C+3A other titles. R3+- 3 S-C,A+ A=RAR,A0 C3DRTS ,0 +A0/ JA+DAT,30 A0/ -0A+ R3J,S,30S Sec. =2. Seca A$%a%a! C#-%"
ANGELA MARIE A. ALMALBIS
The SC shall designate at least one branch o the RTC within each pro#ince to act as a Special Agrarian Court. Sec. = Seca <-%*c"#! SAC shall ha#e original and e'clusi#e original :urisdiction o#er all petitions; 1. or the determination o :ust compensation $. Criminal #iolations o the CAR+ 4ust compensation preliminarily determined by the /ARA@ should be iled with SAC within 1 days rom notice Sec. =? A#!"&e!" #f C#&&**#!e%* SAC may appoint one or more commissioners to e'amine in#estigate and ascertain acts rele#ant to the dispute including the #aluation o properties and to ile a written report thereo with the court. 3b:ections to the CommissionerEs report; signiy within 19 days Sec. =6 O%e% #f "0e Seca A$%a%a! C#-%" 0o interlocutory order shall be ele#ated to the appellate courts until hearing has been terminated Sec. 2: Aea* Remedy rom an ad#erse decision o the SAC; etition or Re#iew not an ordinary appeal. iled within 1 days otherwise the decision shall become inal. Remedy rom ad#erse decision o the CA; appeal by Certiorari with the SC wBn 1 days SD3RT S-RJ,C-S 3R TF- AR2-RS A0/ +3s Sec. 32 F-!!$ f#% S-#%" Se%7ce* -stablishment o Agrarian Reorm Communities it will be composed o and managed by agrarian reorm beneiciaries who shall be willing to be organied and to underta)e the integrated de#elopment o an area their organiations or cooperati#es.
Sec. 3 S-#%" Se%7ce* f#% "0e A$%a%a! Ref#%& Be!efca%e* 1. +and Sur#eys and titling $. +iberalied access to credit !. Socialied terms on agricultural credit acilities ". Technology transer . ,nrastructures such as storage acilities mini dams etc. Sec. 3+A E,-a S-#%" Se%7ce* f#% R-%a W#&e! Rural omen – those engaged directly or indirectly in arming or ishing as their source o li#elihood whether paid or unpaid regular or seasonal or in ood preparation managing the household caring or the children and other similar acti#ities. Ser#ices; -5ual Right to ownership o land< -5ual shares o the armEs produce< representation in ad#isory or appropriate decision6 ma)ing bodies. Sec. 3? S-#%" Se%7ce* f#% LO*
ANGELA MARIE A. ALMALBIS
The most notable ser#ice; incenti#e granted to a +3 who in#ests in rural6based industries. Sec. 36 La! C#!*#a"#! ,ntended to; 1. romote e5ual distribution o landholdings $. ro#ide the needed inrastructures in agriculture !. Conser#e soil ertility and pre#ent erosion Sec. 3 P%#0/"e Ac"* a! O&**#!* Criminal #iolations o CAR+; ownership or possession in e'cess o awarded land< orcible entry or illegal detainer< illegal con#ersion sale transer con#eyance o lands outside o urban centers etc.
Sec. 3+A E9ce"#! The sale or transer o a mortgaged agricultural land as a result o ban)Es oreclosure is not a criminal #iolation o the CAR+.
