EO 228 provides that lease

rentals paid for lands from

October 21, 1972 shall be
considered as advance payment
for PD 27 lands. However, the
exact value or just compensation
of the land is to be determined
with certainty before land titles
are transferred to the
beneficiaries. (Hernandez, Alba,
Hernandez; 2011)

The case of Paris v. Alfeche (G.R. No.
139083, August 30, 2001) discusses
this in detail:
Before land titles are
transferred to the beneficiaries,
the exact value or just
compensation of the land
must be determined and
paid. The exact value of the
land should be ascertained, the
lease rentals or advance
payments deducted therefrom
and the balance be paid to the
landowner in full. Until then,
ownership remains with the
landowner.
In the absence of the
determination of the value of
the cost of the parcels of land,
the Supreme Court cannot rule
that just compensation has
already been fully paid.
The exact value or the just
compensation to be given to
the landowner cannot just be
assumed- it must be
determined with certainty
before the land titles are
transferred.
The total lease rentals paid
from October 21, 1972 shall be
considered as advance
payment, not full payment.

The term private agricultural
land includes all lands, whether
titled or untitled. (DOJ, Opinion No.
176, series of 1992)

A proper title is not an
indispensable requisite before
the owner could be paid by the
Land Bank of the Philippines.
While it would seem from
section 16 (c) (e) and section
14 that the Land Bank is only
authorized to pay the purchase
price of the land to the
landowner after he shall have
surrendered his Certificate of
Title, such could not have been
the intention of the lawmakers,
for if it were so, the
implementation of the CARL
could be imperiled.
(Hernandez, Alba, Hernandez;
2011)

Notices of compulsory
acquisition should be sent to the
landowner, and if a corporation
or partnership, to its president,
manager, secretary, cashier,
agent, or any of its directors or
partners.
Service upon an administrator
who is not shown to be
authorized to receive notices or
act on behalf of the corporation
in relation to the compulsory
acquisition is not valid.
The Notice of Acquisition in
Section 16 of the CARL is
required to be sent to the
landowner by personal
delivery or registered mail.
Summonses, pleadings, and
notices in cases against a
private domestic corporation
before the DARAB and the
regular courts are served on
the president, manager,
secretary, cashier, agent or any
of its directors. (Hernandez,
Alba, Hernandez; 2011)

Two modes of acquisition of
private land: compulsory and
voluntary. (Hernandez, Alba,
Hernandez; 2011)

In the compulsory acquisition of
private lands, the procedure set
forth in Section 16 of RA 6657
must be followed:
1. The landholding, the
landowners, and the farmer
beneficiaries must first be
identified;
2. The DAR shall send a Notice of
Acquisition to the landowner,
by personal delivery or
registered mail;
3. It must be posted in a
conspicuous place in the
municipal building and
barangay hall of the place
where the property is located;
4. Within 30 days from receipt of
the Notice, the landowner, his
administrator or
representative shall inform the
DAR of his acceptance or
rejection of the offer;
5. If the landowner accepts, he
executes and delivers a deed of
transfer in favor of the
government and surrenders
the certificate of title;
6. Within 30 days from the
execution of the deed of
transfer, the LBP pays the
owner the purchase price;
7. If the landowner rejects the
DARs offer or fails to make a
reply, the DAR conducts
summary administrative
proceedings to determine just
compensation for the land;
8. The landowner, the LBP
representative and other
interested parties may submit
evidence on just compensation
within 15 days from notice;
9. Within 30 days from
submission, the DAR shall
decide the case and inform the
owner of its decision and the
amount of just compensation;
10. Upon receipt by the owner of
the corresponding payment or
in case of rejection or lack of
response from the latter, the
DAR shall deposit the
compensation in cash or in LBP
bonds with an accessible bank;
11. The DAR shall immediately
take possession of the land and
cause the issuance of a transfer
certificate of title in the name
of the Republic of the
Philippines;
12. The land shall then be
redistributed to the farmer
beneficiaries;
13. Any party may question the
decision of the DAR in the
regular courts for final
determination of just
compensation. (Roxas & Co.,
Inc. v. The Honorable Court of
Appeals, G.R. No. 127876,
December 17, 1999)