Comprehensive Agrarian Reform Law Reviewer

AGRARIAN LAW AND SOCIAL LEGISLATION REVIEWER (MIDTERMS) HISTORY OF PHILIPPINE AGRARIAN LAWS Rice Share Tenancy Act – enacted to regulate the relationship between landlords and tenants on rice lands. (amended by Commonwealth Act 178, amended by RA no. 34 by introducing changes in crop division, amended by RA 2263)) Sugar Tenancy Act – enacted to regulate the relationship between landlords and tenants on lands planted to sugar cane. (amended by Commonwealth Act 271 by extending its application to sugar farm workers) Agricultural Share Tenancy Act (RA 1199) – it repealed all the earlier tenancy laws except the Sugar Tenancy Act. Agricultural Land Reform Code of 1963 (RA 3844) – abolished share tenancy. In its place, it instituted the agricultural leasehold system. (amended by Code of Agrarian Reforms,RA 6389) Tenant Emancipation Law (PD No. 27) – promulgated by Ferdinand E. Marcos which provided for the transfer of lands primarily devoted to rice and corn to the tenants. EO No. 228 (July 17, 1987) – declaring full land ownership to qualified beneficiaries covered by PD 27. Executive Order 129-A (July 26, 1987) - modifying EO 129 Reorganizing and Strengthening DAR Proclamation 131 (July 22, 1987) - Instituting a Comprehensive Agrarian Reform Program. CARP of 1988 (RA 6657, June 10, 1988) – amended certain provicions by RA 7881, strengthened by RA 9700.

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TRANSFER OF PRIVATE AND PUBLIC LANDS TO FARMER BENEFICIARIES Sec. 3 (a) – Definition of Agrarian Reform Agrarian Reform – the 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. Sec. 4 Scope CARL of 1998 shall cover, regardless of tenurial arrangement and commodity produced, all public and private agricultural lands, including other lands of the public domain suitable for agriculture: Provided, that landholdings of landowners with a total area of 5 hectares and below shall not be covered for acquisition and distribution to qualified beneficiaries. The ff. lands are covered by CARP: a. All alienable and disposable lands of the public domain devoted to or suitable for agriculture. 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; d. All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon. Land NOT covered by CARP: a. Private lands with a total area of 5 hectares and below; b. Lands actually, directly, and exclusively used for parks, wildlife, forest reserves, reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves;

c.

Private lands actually, directly and exclusively used for prawn farms and fishponds d. Lands actually, directly and exclusively used and found to be necessary for: national defense, school sites and campuses, experimental farm stations, seeds and seedling research and pilot production, church sites and convents, mosque sites and Islamic centers. Communal burial grounds and cemeteries, penal colonies and penal farms, research and quarantine centers, all lands with 18 % slope and over, except those already developed. Sec. 7 Priorities - Acquisition and Distribution Scheme All remaining agricultural lands during the 5 yr extension period up to June 30, 2014, in the following order of priority: a. Lands with an area of more than 50 hectares, specifically: 1. Those subjected to Notice of Coverage on or before 1210-08 2. Rice and corn lands 3. Idle or abandoned lands 4. Private lands voluntarily offered 5. Lands foreclosed 6. Lands acquired by the PCGG 7. All other lands owned by the government devoted to or suitable for agriculture b. Lands with an area of 24 hectares up to 50 hectares, specifically: c. Lands with an area of more than 10 hectares up to 24 hectares d. Lands from the retention limit up to 10 hectares. Qualified beneficiaries – only farmers and regular farmworkers actually tilling the lands, as certified under oath by the BARC and attested under oath by the landowners. Sec. 16 Land Acquisition (Compulsory Acquisition) Procedure: 1. Identification by the DAR of the land, landowner and beneficiary;

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2. Notice by the DAR to the landowner about the compulsory acquisition and the price offer by mail and posting in brgy hall and municipal hall 3. Reply by the landowner about his acceptance or rejection of the offered price. -If LO accepts price, LBP will pay LO within 30 days from execution and delivery of Deed of Transfer -If LO rejects, DAR will determine just compensation thru administrative proceedings; If LO disagrees with the decision of the DAR, he may bring the matter to the regular courts of justice for final determination of just compensation. 4. Taking of immediate possession of the land by the DAR. - If LO receives the corresponding payment; or -If LO does not respond to the Notice of Acquisition. 5. Request by the DAR to the Registry of Deeds to issue a TCT to the Republic of the Phil. 6. Distribution of the land to the qualified beneficiaries. 2 NOTICES required for the validity of implementation: 1. Notice of Coverage pursuant to DAR AO No. 12, s. 1989 2. Notice of Acquisition pursuant to Sec 16 of CARL Failure to comply with the proper procedure would be a violation of constitutional due process and should be deemed arbitrary, capricious, whimsical, and tainted with grave abuse of discretion. When title/ownership is transferred to the State? – upon full payment of the just compensation. Until the JC is finally determined and fully paid, the title/ownership remains with the LO. Even if DAR deposited the offered price with the LBP, it does not warrant the cancellation of the LO’s title. Opening of a trust account does not constitute payment because the law requires just compensation to be paid in cash and LBP bonds and not by trust account.

Sec. 19 Land Acquisition (Voluntary Offer to Sell) Incentives: LO is entitled to an additional 5% cash payment. Documentary Requirements: 1. Title or proof of ownership, if untitled; 2. Tax declaration; and 3. Approved survey plan If LO fails to submit, the land will be subjected to compulsory acquisition.

LANDS NOT COVERED BY LAND ACQUISITION Sec. 6 Retention Limits LO has the right to retain not more than 5 hectares of his landholdings. The retained area need not be personally cultivated by the LO – cultivation can be done indirectly through labor administration. Can a LO who already exercised his retention rights under PD 27 be entitled to retention right under CARL? – No more. However, if the LO chooses to retain 5 hectares under CARL, the 7 hectares previously retained by him under PD 27 shall be immediately placed under the coverage of CARL. Can spouses retain 5 hectares each under CARL? – It depends. a. If the property regime is conjugal or absolute community – the spouses can retain only 5 hectares. b. If the property regime is separation of property – the spouses can retain 5 hectares each (a total of 10 hectares) Who has the right to choose the retention area? – the landowner. The chosen area should be COMPACT and CONTIGUOUS. As long as the area to be retained is compact and contiguous and it does not exceed the retention ceiling of 5 hectares, the LO’s choice of the area to be retained must prevail.

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The LO should exercise his right of retention within 60 days from receipt of the Notice of Coverage. If he does not exercise his right of retention within the specified period, the MARO will designate the retained area for the LO. If LO disagrees with the selected area, he may file a protest with the MARO. Can a LO exercise his right to retention over the land which has already been covered by an EP or CLOA? -The issuance of EP or CLOA to beneficiaries does not absolutely bar the LO from retaining the area covered thereby. If the LO has been deprived of his right to retention, he may file a petition for cancellation of the EP or CLOA that may have been issued to the tenants. Under AO no. 2, s. 1994, an EP or CLOA may be cancelled if the land covered is later found to be part of the LO’s retained area. (Daez v. CA) If the retention area chosen by the LO is tenanted, what happens to the tenant? - The tenant may choose in whether to remain therein or be a beneficiary in the same or another agricultural land with similar or comparable features. - The tenant must choose within 1 year from the time the LO manifests his choice of the area for retention. Elements of tenant-landlord relationship: 1. The LO has engaged a person to personally cultivate an agricultural land; and 2. The LO is compensated in terms of share in the produce (share tenancy) or in terms of a price certain or ascertainable in produce or in money or both (leasehold tenancy). Effect if the tenant chooses to remain in the retained area: -He will no longer be considered as a tenant but as an agricultural lessee and he will no longer qualify as an agrarian reform beneficiary.

Term of lease: the agricultural leasehold relation once established continues until such leasehold relation is extinguished through: a. Abandonment or voluntary surrender of the landholding by the lessee; or b. Absence of successor in the event of death or permanent incapacity of the lessee The relation is not necessarily extinguished by death or incapacity, it continues between the lessor and the person who can cultivate the landholding personally, which the lessor can choose from: surviving spouse; the eldest direct descendant; or the next eldest descendant. Effect if the tenant chooses to be a beneficiary: - He loses his right to be a lessee of the land retained by the LO. Children of the LO are entitled to 3 hectares each. If the LO owns more than 5 hectares of agricultural land, the excess area may be awarded to the children of the LO to the extent of 3 hectares for each child under the ff. conditions: 1. The child is at least 15 yrs old; and 2. The child is actually tilling the land or directly managing the farm The child need not directly or personally till the land – it is enough that he directly manages the farm. General Rule: Lands awarded to children cannot be sold, transferred, conveyed within 10 years. EXCEPT: a. through hereditary succession; b. to the government; c. to the LBP; d. to other qualified beneficiaries Children or Spouse may repurchase within 2 years from date of transfer Sec. 6-A. Exception to Retention Limits

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Local Government Units expropriating agricultural lands for actual, direct and exclusive public purpose shall not be subject to the 5 hectare retention limit Process: Land will be acquired by the National Government through the DAR with just compensation to the landowner then, DAR will distribute the land to the Agrarian beneficiaries. After that, LGU will expropriate the land and pay agrarian beneficiaries just compensation. Sec. 10. Exemptions and Exclusions 1. Lands actually, directly and exclusively used for parks, wildlife, forest reserves, reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves. 2. Private lands actually, directly and exclusively used for prawn farms and fishponds, Provided, said prawn farms and fishponds have not been distributed and CLOA issued to beneficiaries under CARP. 3. Lands actually, directly and exclusively used and found to be necessary for national defense, school sites and campuses, including experimental farm stations operated by public or private schools for educational purposes, seeds and seedling research, church sites, cemeteries, penal colonies and all lands with 18% slope and over, except those already developed. Lands already classified for residential, commercial or industrial use by the Housing and Land Use Regulatory Board prior to the effectivity of the CARL are NOT subject to agrarian reform. Natalia Realty v DAR: The undeveloped portions of the subdivision cannot be considered “agricultural lands”. These lots were intended for residential use. They ceased to be agricultural lands upon approval of their inclusion in the Lungsod Silangan Reservation. Even today, they are continued to be developed as low cost housing subdivision. These lands are still residential lands and outside of the ambit of CARL.

Since Natalia lands were converted prior to June 15, 1988, DAR is bound by such conversion.

CMU v DARAB: By the very nature of the CMU, which is a school established to promote agriculture and industry, the need for vast tract of agricultural land for future expansion is obvious. As to the determination of when and what lands are found to be necessary for use by the CMU, the school is in the best position to resolve and answer the question and pass upon the problem of its needs in relation to its avowed objectives. Secretary of Agrarian Reform – has the jurisdiction and authority to exempt or exclude a property from the coverage of the agrarian reform program. Sec. 17 Determination of Just Compensation Just Compensation – the full and fair equivalent of the property taken from its owner by the expropriator. Factors used in the valuation of lands: 1. Capitalized Net Income (CNI) which is based on land use and productivity 2. Comparable Sales (CS) which is based 70% of the BIR zonal value; and 3. Market Value (MV) which is based on the Tax Declaration. Basic Formula When all factors are present: CNI x 0.60 + CS x 0.30 + MV x 0.10 = Land Value When CNI is not present: CS x 0.90 + MV x 0.10 = Land Value When CS is not present: CNI x 0.90 + MV x 0.10 = Land Value When CS and CNI are not present: MV x 2 = Land Value Basis in determining JC: the value of the property at the time it was taken from the owner and appropriated by the government.

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Time of taking: when title is transferred to Philippines or beneficiaries and when agricultural land voluntarily offered by a landowner was approved by PARC. If there is delay, the value should be determined not at the time of taking of the land but at the time of full payment of the just compensation. Procedure for determination of Just Compensation: 1. LBP determines value of the land 2. Using LBP’s valuation, the DAR makes an offer to the LO. 3. In case, the LO rejects the offer, the DAR conducts a summary administrative proceeding to determine the compensation for the land by requiring the LO, the LBP and other interested parties to submit evidence as to the just compensation. 4. A party who disagrees with the decision of the adjudicator may bring the matter to the RTC designated as a Special Agrarian Court for final determination of just compensation. Role of the DARAB: They can conduct a summary administrative proceeding for the preliminary determination of just compensation in order to determine whether land valuation computations of the LBP are in accordance with the rules or administrative order. Who conducts Preliminary Proceedings of Land Valuation? 1. PARAD – when the initial land valuation of LBP is less than 10million 2. RARAD – when the initial land valuation of LBP is 10million50million 3. DARAB – when the initial land valuation of LBP is above 50million If PARAD is not available, RARAD will conduct it notwithstanding the value of the land If RARAD is not available, DARAB will conduct or designate an Adjudicator from among the PARADs in the region. Valuation set by DAR is not conclusive. LO may contest it to RTC within 15 days from receipt of the board’s decision. Upon filing with

the RTC-SAC, party shall file Notice of Filing of Original Action with the Board/Adjudicator together with Certified True Copy of petition filed with SAC. Failure to file notice or submit Certified True Copy, the decision of the Board will be final and executory. When notice and CTC are received, the Board shall not issue writ of execution.

4. Other Farmworkers 5. Actual Tillers or Occupants of Public Lands 6. Collectives or Cooperatives 7. Others directly working on the land PROVIDED, however children of landowners preference and actual tenant tillers not be ejected.

Consent of beneficiary is not required in determination of compensation.

Who are eligible to become Agrarian Reform Beneficiaries? – Landless resident of the same barangay or municipality Landless Resident – farmer or tiller who owns less than 3 hectares of land Qualifications: 1. Filipino Citizen 2. Resident of barangay or municipality where landholding is located 3. At least 15 years old at the time of identification, screening and selection 4. Willing, able and equipped with aptitude to cultivate and make land productive

Sec 18. Valuation and Mode of Compensation 1. Cash Payment  For lands above 50 hectares: 25% cash, balance to be paid in government financial instruments negotiable at any time.  For lands above 24 hectares to 50 hectares: 30% cash, balance to be paid in government financial instruments negotiable at any time.  For lands 24 hectares and below: 35% cash, balance to be paid in government financial instruments negotiable at any time. 2. Shares of stock in GOCCs, LBP preferred shares, physical assets or other qualified investments in accordance with guidelines set by the PARC; 3. Tax credits which can be used against any tax liability; 4. LBP bonds, which shall mature every year until the 10 th year LAND REDISTRIBUTION Sec. 22 Qualified Beneficiaries The lands covered by the CARP shall be distributed as much as possible to landless residents of the same barangay or in the absence thereof, landless residents of the same municipality in the ff. order of priority: 1. Agricultural Lessees and Share Tenants 2. Regular Farmworkers 3. Seasonal Farmworkers

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given

Sec. 22 – A. Order of Priority  Children – 3 hectares each  Agricultural Lessees, Share Tenants and Regular Farmworkers – 3 hectares each  Then the remaining be given to Seasonal Farmworkers, Other Farmworkers, Actual Tillers or Occupants of Public Lands, Collectives or Cooperatives, Others directly working on the land. Sec. 23. Distribution Limit No qualified beneficiary may own more than 3 hectares of agricultural land Criteria of Prioritization: Willingness, Aptitude, Ability to cultivate and make land productive; Physical Capacity; Length of Service Factors in determining size of land: type of crop; type of soil; weather patterns; other pertinent factors critical for success of beneficiaries

Sec. 24. Award to Beneficiaries When does rights and responsibilities commence? – From their receipt of a duly registered EP or CLOA and actual physical possession of the awarded land. Such award shall be completed in not more than 180 days from the date of registration of the title in the name of the Republic of the Philippines. Pending issuance of CLOA, the beneficiaries have usufructuary rights over the awarded land. Transfer of ownership to the beneficiaries is not automatic. Title and ownership over the land can be transferred to the beneficiaries only upon full payment of the just compensation to the landowner.

registration, the 1-year period shall be reckoned from constructive occupation of the land. Sec. 25 Award Ceilings for Beneficiaries Beneficiaries shall be awarded an area not exceeding 3 hectares. General Rule: Land should be awarded to the individual farmer beneficiary and should be covered by an individual title. However, if the beneficiaries opt for collective ownership, collective ownership title may be issued in the name of the co-owners or the collective organization. Sec. 26. Payment by Beneficiaries

When does the DAR issue CLOA? – only upon full payment of amortization by the farmer-beneficiary. The CLOA, in turn, becomes the basis for the issuance in his name of an original or transfer certificate of title. CLOAs become indefeasible and imprescriptible after 1 year from its registration with the Registry of Deeds. Grounds for cancellation of CLOA: 1. Abandonment of land 2. Neglect or Misuse of land 3. Failure to pay 3 annual amortizations 4. Misuse or diversion of financial and support services 5. Sale, transfer or conveyance of right to use land 6. Illegal conversion of land Obligations of Agrarian Reform Beneficiaries:  Exercise due diligence in the use, cultivation, and maintenance of the land, including improvements thereon; and  Pay the LBP 30 annual amortizations with 6% interest per annum. The amortization will start 1 year from the date of registration of the CLOA. However, if actual occupancy of the land takes place after the

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 

Payable to LBP in 30 annual amortizations with 6% interest per annum. Payment starts: 1 year from date of registration of the CLOA; or date of actual occupancy, if the occupancy took place after the registration of CLOA.

Basis of Amortization: Max. amortization is 5% of the annual gross production as established by the DAR. After the 5 th year, the interest rate and/or the principal obligation may be reduced by the LBP to make the repayment affordable. Effect of failure to pay 3 annual amortizations: LBP can forfeit landholding and award it to other qualified beneficiaries. The beneficiary whose land has been foreclosed or forfeited will be permanently disqualified from becoming a beneficiary. Sec. 27. Transferability of Awarded Lands Beneficiaries cannot, within a period of 10 years, sell or transfer ownership of the land except: through hereditary succession, to the government, to the LBP, or to other qualified beneficiaries.

Effect of sale or transfer to the government or the LBP: the children or the spouse of the transferor can repurchase the land within 2years from the date of transfer.

VARIATIONS IN LAND ACQUISITION Sec. 31. Corporate Landowners

Can a beneficiary who has not fully paid amortizations sell the land to another? Yes, under ff. conditions: Approval of the DAR; land should be sold only to an heir or to any other qualified beneficiary; and the transferee must undertake to cultivate the land himself, otherwise, the LBP will take the land for proper disposition. If complied with, LBP will compensate the beneficiary in one lump sum for the amounts he has already paid, together with value of improvements. Can the beneficiary lease the land? Yes provided that the lease is for agricultural purposes. If for non-agricultural, seek approval of the DAR. It can also be leased to former LO after obtaining approval from the DAR through the PARC. IMPROVEMENT OF THE LEASEHOLD RELATIONSHIP Sec. 12. Determination of Lease Rentals DAR has the power to fix rentals, in this wise:  For lands devoted to rice and other crops – 25% of the average normal harvest after deducting the amount used for seeds and the cost of harvesting, or threshing. If there has been no normal harvest, then the estimated normal harvest during the 3 agricultural yrs immediately preceding the date the leasehold was established.  For sugarcane lands – 25% of average normal harvest less the value of the cost of seeds/cane points, harvesting, loading, hauling, and/or trucking fee, and cost of processing.  For coconut lands – 25% of the average normal harvest for a specific area for the preceding 3 calendar years less the value of production cost.

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2 schemes available to corporate Los; 1. Voluntary Land Transfer 2. Stock distribution Both schemes are no longer operative. Only allowed up to June 30, 2009. After this date, the modes of acquisition are limited to voluntary offer to sell and compulsory acquisition. Sec. 32. Production-Sharing - If more than 5M gross sales/year are realized: 3% of the gross sales - to be distributed to regular and other farm workers 1% of the gross sales – to be distributed to the managerial, supervisory and technical employees - If profits are realized – additional 10% of the net profit after tax, to be distributed to regular and other farmworkers. This section was declared unconstitutional with respect to livestock and poultry. Sec. 32-A. Incentives Incentives for regular fishpond or prawn farm workers is 7.5% of the net profit before tax over. CONVERSION OF AGRICULTURAL LANDS Sec. 65. Conversion of Lands Conversion – is the act of changing the current use of a piece of agricultural land into some other use, as approved by the DAR, to wit: -For residential, commercial, industrial, and other non-agricultural purposes;

-For another type of agricultural activity such as livestock, poultry, and fishpond the effect of which is to exempt the land from CARP coverage. -For non-agricultural use other than that previously authorized. Reclassification – is the act of specifying how agricultural lands shall be utilized for non-agricultural uses such as residential, industrial, and commercial, as embodied in the land use plan, subject to the requirements and procedures for land use conversion. Effect of reclassification: It does not automatically allow the LO to change its use, it must undergo CONVERSION before he can use the agricultural land for other purposes. Scope of DAR’s conversion authority: Those after the effectivity of RA no. 6657 Who can apply for conversion? 1. The beneficiary 2. The Landowner with respect only to his retained area which is tenanted When to file application for conversion? -After the lapse of 5 years from the award of the land. Conditions before application for conversion be filed: 1. When the land ceases to be economically feasible for agricultural purposes 2. When the locality has become urbanized and the land will have a greater economic value for residential, commercial or industrial purposes. Obligations of the beneficiary when conversion is approved: 1. Invest 10% of the proceeds from the conversion in government securities; and 2. Pay LBP the full price of the land upon conversion. Lands not subject to conversion: 1. Agricultural lands within protected areas designated by NIPAS 2. All irrigated lands

3. All irrigable lands already covered by irrigation projects with firm funding commitments 4. All agricultural lands with irrigation facilities operated by private organizations Areas highly restricted from conversion: 1. Irrigable lands not covered by irrigation projects with firm funding commitments 2. Agro-industrial croplands 3. Highlands 4. Lands issued with notice of land valuation and acquisition 5. Environmentally critical areas Effect of failure to implement approved conversion: Land will continue to be covered by CARP Sec. 65-A. Conversion into Fishpond and Prawn Farms General Rule: No conversion of Public Agricultural Lands into Fishponds and Prawn Farms. Except: when the coastal zone is declared suitable for fishpond development by the provincial government and BFAR If condition is complied with, DENR can allow the lease and development of the area. Private Agricultural Lands: can be converted into fishponds and prawn farms up to a maximum area of 5 hectares. BUT DAR may approve more than 5 hectares, if: The use of the land is more economically feasible and sound for fishpond/prawn farm; Simple and absolute majority of the regular farm workers/tenants agree to the conversion. Sec. 65-B. Inventory Helps DAR monitor unauthorized fishponds/prawn farms.

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Sec. 65-C. Change of Crops To harmonize agrarian reform with the environmental laws Change of crops does not need DAR approval. Sec. 41. Presidential Agrarian Reform Council (PARC)

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into

Chairperson: President of the Philippines Vice-Chairperson: Secretary of Agrarian Reform Members: Secretary of Department of Agriculture Secretary of Department of Environment and Natural Resources Secretary of Department of Budget and Management Secretary of Department of Interior and Local Government Secretary of Department of Public Works and Highways Secretary of Department of Trade and Industry Secretary of Department of Finance Secretary of Department of Labor and Employment Director-General of National Economic and Development Authority President of Land Bank of the Philippines Administrator of National Irrigation Authority Administrator of Land Registration Authority 6 representatives of affected LOs to represent Luzon, Visayas, Mindanao 6 representatives of Agrarian Reform Beneficiaries (2 each from LuzViMin: At least 1 from indigenous peoples, at least 1 from duly recognized National Organization of Rural Women, At least 20% of the members of PARC should be women but not less than 2) Sec. 42 Executive Committee Chairman: Secretary of the DAR Members: (President will designate) Sec. 43 Secretariat To provide general support and coordinative services for the PARC Head: Secretary of the DAR (he appoints all officers and employees of secretariat) Assistant: Undersecretary Support: Staff (determined by PARC EXCOM) Sec. 44 Provincial Agrarian Reform Coordinating Committee (PARCCOM) Chairman: (appointed by the President, upon recommendation of the EXCOM)

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Executive Officer: Provincial Agrarian Reform Officer (PARO) 1 representative each: DA, DENR, LBP 1 representative each: existing farmer’s organization, agricultural cooperatives and NGOs 2 representatives from LOs 2 representatives from Farmer and farmworkers or beneficiaries 1 representative from cultural communities Sec. 45 Province-by-Province Implementation (by PARCCOM) For the peculiarities and needs of each province Sec. 46. Barangay Agrarian Reform Committee (BARC) 1. Farmers and Farmworkers Beneficiaries 2. Farmers and Farmworkers Non-beneficiaries 3. Agricultural Cooperatives 4. Other Farmer Organizations 5. Barangay Council 6. NGOs 7. Landowners 8. LBP 9. Official of the DA assigned to the barangay 10. Official of the DENR assigned to the area 11. DAR technologist assigned to the area – may act as secretary Sec. 47 Functions of the BARC 1. To participate and give support to the implementation of programs on agrarian reform 2. To mediate, conciliate or arbitrate agrarian conflicts and issues that are brought to it for resolution 3. To perform such other functions that the PARC, EXCOM or DAR secretary may delegate Sec. 48 Legal Assistance BARC may seek legal advice from DAR to ensure solution is within the bounds of law Sec. 49 Rules and Regulations

Substantive and Procedural Take effect: 10 days after publication in 2 national newspapers of general circulation Sec. 63 Funding Source Just compensation payment to LOs – from Agrarian Reform Fund Amount needed to implement CARP: 150billion pesos Amount from GAA – not less than 5billion 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 6657. Conversion 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 June 15, 1988 does not require any conversion clearance or authority from the DAR because said lands are not covered by CARP. RESOLUTION

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Sec. 50 Quasi-Judicial Powers of the DAR The DAR is hereby vested with PRIMARY JURISDICTION to determine and adjudicate agrarian reform matter and shall have EXCLUSIVE ORIGINAL JURISDICTION over all matters involving the implementation of agrarian reform, EXCEPT those falling under the exclusive jurisdiction of DA and DENR. Two-fold Jurisdiction of the DAR: 1. Essentially executive and pertains to the enforcement and administration of the laws carrying them into practical operation and enforcing their due observance. 2. Judicial and involves the determination of rights and obligations of the parties

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DAR Sec.,Regional Office,PARO,MARO – concerns the implementation of agrarian reform laws (executive) DARAB,RARAD,PARAD – concerns adjudication of agrarian reform disputes (judicial) Quasi-Judicial Jurisdiction of the DAR: thru DARAB 1. Primary Jurisdiction to determine and adjudicate agrarian reform matters 2. Appellate Jurisdiction over orders and decisions of the agrarian reform adjudicators Quasi-Judicial Powers of the DAR: thru DARAB 1. To hear and decide cases within its jurisdiction 2. Summon witnesses 3. Administer Oaths 4. Take testimony 5. Issue subpoena ad testificandum or duces tecum 6. Issue writs of execution; and 7. Punish direct or indirect contempt PARAD – generally has primary and exclusive jurisdiction to hear and decide agrarian disputes. Agrarian Dispute – any controversy relating to tenurial arrangements, whether leasehold, tenancy, stewardship or otherwise over lands devoted to agriculture, including disputes concerning farmworkers associations or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of such tenurial arrangements. *Not every case involving an agricultural land automatically makes it an agrarian dispute upon which the DARAB has jurisdiction. If occupancy and possession was by mere tolerance, there is no agrarian dispute. APPEAL: decisions of PARAD are appealable to the DARAB within 15 days. DARAB has no jurisdiction over: 1. Matters pertaining to ownership

2. Retention or Exemption Issues 3. Right of Way Issues (Laguna Estate v CA) 4. Identify and Classify landholdings for agrarian reform coverage 5. Matters pertaining to identification and selection of beneficiaries Sec. 50-A Exclusive Jurisdiction on Agrarian Dispute *Agrarian case filed in regular court must NOT be dismissed but referred to the DAR for the purpose of determining whether an agrarian dispute exists. 15 days to appeal the ruling of DAR to RTC and CA Sec. 51. Finality of Determination The case shall be decided within 30 days after submission for resolution. Only one motion for reconsideration is allowed. Rulings after 15 days shall be final. Sec. 52 Frivolous Appeals DAR may impose reasonable penalties, including but not limited to fine and censure Sec. 53 Certification of the BARC It is a prerequisite to filing of a complaint before the DARAB. It is not needed in judicial determination of just compensation where Special Agrarian Courts take cognizance, not DARAB. Sec. 54 Certiorari It is a remedy from an adverse ruling of the DAR within 15 days from notice of ruling, brought to CA. Secretary of the DAR – has exclusive and original jurisdiction over all cases involving the cancellation of registered EPs, CLOA, other titles. ROLE OF SPECIAL AGRARIAN COURTS IN LAND VALUATION AND PENAL PROVISIONS Sec. 56. Special Agrarian Court

ANGELA MARIE A. ALMALBIS

The SC shall designate at least one branch of the RTC within each province to act as a Special Agrarian Court. Sec. 57 Special Jurisdiction SAC shall have original and exclusive original jurisdiction over all petitions: 1. For the determination of just compensation 2. Criminal violations of the CARL Just compensation preliminarily determined by the DARAB should be filed with SAC within 15 days from notice Sec. 58 Appointment of Commissioners SAC may appoint one or more commissioners to examine, investigate and ascertain facts relevant to the dispute, including the valuation of properties, and to file a written report thereof with the court. Objections to the Commissioner’s report: signify within 10 days Sec. 59 Order of the Special Agrarian Court No interlocutory order shall be elevated to the appellate courts until hearing has been terminated Sec. 60 Appeals Remedy from an adverse decision of the SAC: Petition for Review, not an ordinary appeal. Filed within 15 days otherwise the decision shall become final. Remedy from adverse decision of the CA: appeal by Certiorari with the SC w/n 15 days SUPPORT SERVICES FOR THE FARMERS AND LOs Sec. 36 Funding for Support Services Establishment of Agrarian Reform Communities, it will be composed of and managed by agrarian reform beneficiaries who shall be willing to be organized and to undertake the integrated development of an area, their organizations or cooperatives.

Sec. 37 Support Services for the Agrarian Reform Beneficiaries 1. Land Surveys and titling 2. Liberalized access to credit 3. Socialized terms on agricultural credit facilities 4. Technology transfer 5. Infrastructures, such as storage facilities, mini dams, etc. Sec. 37-A Equal Support Services for Rural Women Rural Women – those engaged directly or indirectly in farming or fishing as their source of livelihood, whether paid or unpaid, regular or seasonal, or in food preparation, managing the household, caring for the children, and other similar activities. Services: Equal Right to ownership of land; Equal shares of the farm’s produce; representation in advisory or appropriate decisionmaking bodies. Sec. 38 Support Services for LOs

ANGELA MARIE A. ALMALBIS

The most notable service: incentive granted to a LO who invests in rural-based industries. Sec. 39 Land Consolidation Intended to: 1. Promote equal distribution of landholdings 2. Provide the needed infrastructures in agriculture 3. Conserve soil fertility and prevent erosion Sec. 73 Prohibited Acts and Omissions Criminal violations of CARL: ownership or possession in excess of awarded land; forcible entry or illegal detainer; illegal conversion, sale transfer conveyance of lands outside of urban centers, etc.

Sec. 73-A Exception The sale or transfer of a mortgaged agricultural land as a result of bank’s foreclosure is not a criminal violation of the CARL.