What is Agrarian Reform?

Comprises not only land reform but also the reform and development
of complementary institutional framework and not limited to questions
of relationships of the farmers to the land

(CARL; RA 6657) redistribution of lands, regardless of crops or fruits
produced, to farmers and regular farm workers 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 which will allow beneficiaries to receive a just
share of the fruits of the land they work

What is the Purpose of Agrarian Reform/Necessity of Agrarian reform in
Philippines?
Agriculture is a predominant industry in the Philippines and a large
portion of the population are in the agricultural sector ; agricultural
sector contributes large portion to the countrys GDP; important
component in the economic structure; increased agricultural
productivity will accelerate general economic development
Agrarian reform would liberate the capital for investment in new
industries, increasing production and provide employment to our
expanding population and raise general standard of living

What are the key objectives of CARP?
CAPABILITY- it builds the capability of farmer- beneficiaries
to manage reformed lands productively by giving them the
support services they need.
EQUITY- it establishes equity by democratizing control over
the countrys lands to a large section of a population and
enabling them to directly participate in nation-building.
SUSTAINABILITY- it promotes sustainability by
incorporating the ecosystem and stakeholder approaches to
land use and management.
Twin Requirements under CARP:
1. NOTICE OF COVERAGE
2. NOTICE OF ACQUISITION

What are the properties covered under CARP?
GENERAL: All public and private agricultural land including other
lands of the public domain suitable to agriculture regardless of tenurial
arrangement and commodity produced.
Agricultural lands devoted principally to agricultural activity and
not classified as mineral, forest, residential, commercial or
industrial land (includes livestock and fisheries)
PARTICULAR:
o all alienable and disposable lands of the public domain
devoted to or suitable for agriculture

o all lands of public domain in excess of the specific limits as
determined by Congress taking into account the ecological
development and equity considerations

o all other lands owned by the Government devoted to or
suitable for agriculture

o all private lands devoted to or suitable for agriculture
regardless of the agricultural products raised or that can be
raised thereon

o Landholdings subject to expropriation on acquisition by local
government units not actually, directly, and exclusively used
for non- agricultural purposes are subject if one or more of the
following conditions apply.
There is agricultural activity;
The land is suitable for agriculture; or
The land is presently occupied and tilled by the
tenants.

What are the Companion Measures of Agrarian Reform?
Land Distribution - making the tillers of the land the owners of the land they
till and to insure their right to just share in the fruits of their labor
Companion Measures - farmers need to be provided with the necessary
skills and know-how to enhance their productivity; increase, maximize and
modernize utilization of land

What is the Role of the Government in Agrarian Reform?
Vital because the agrarian problem is a basic problem which cannot be solved
without the strong force of the sovereign will

What is the Role of the Farmer in Agrarian Reform?
Farmer is both the ultimate object and principal agent of agrarian reform; it is
the farmer who will assume responsibility for the ultimate success of the
program

What is the Role of the Landlord in Agrarian Reform?
In terms of education preparation, experience and skill, they are better equipped
than the tenants. More importantly they have capital. If they withdraw from
agriculture & move into industry, the tenants will be converted into owner-
cultivators & the landowners capital investment in the industry will create
additional job opportunities and increase the peoples purchasing power.


Retention Limits
The retention by the landowner shall in no case exceed five (5)
hectares; and
Three (3) hectares may be awarded to each child of the landowner,
subject to the following qualifications:
(a.) That he is at least 15 years of age;
(b.) That he is actually tilling the land or directly managing the
farm.
Exceptions to the Retention Limits
Landowners whose lands have been covered by P.D. 27 shall be
allowed to keep the area originally retained by them;
Original homesteads grantees or their direct compulsory heirs
who still own the original homestead at the time of the approval of the
law shall retain the same areas as long as they continue to cultivate said
homestead.
Provincial city and municipal government units acquiring
private agricultural lands by expropriation or other modes of
acquisition to be used for actual , direct and exclusive public purposes.
Who has the right to choose the retention area?
GENERAL RULE pertain to Landowner
Exception: In case area selected for retention by landowner is tenanted,
Tenant shall have the option to choose whether to remain therein or be a
beneficiary in the same or another agricultural land with similar or comparable
features.
o In case tenant chooses to remain, he shall be considered a
leaseholder and shall lose right to be a beneficiary under the
CARP
o In case tenant chooses to be a beneficiary in another
agricultural land, he loses his right as a leaseholder to the
land retained by the landowner.
Note: Tenant must exercise such option within 1 year from the time the
landowner manifests his choice of the area of retention.

Rules Governing Exercise of Retention
Landowners owning land 5 hectares or less may file request for issuance
of Certificate of Retention

Landholdings covered by homestead grants and Free Patents still
owner by the direct grantees/heirs shall be retained by them as long as
cultivating said landholdings

For landholdings under Voluntary Offer to Sell, landowner shall exercise
right to retention simultaneously at the time of the offer for sale of subject
landholding

For landholdings under Compulsory Acquisition, landowner choose
retained area within 30 days from receipt of Notice of Coverage or date of
publication of NOC. Failure to exercise such right within prescribed
period shall constitute waiver, in which case DAR shall automatically
choose for the landowner his/her retention area.
o When landowner waives right of choice, following factors shall
be considered in choosing retention area: commodity
produced, terrain, infrastructure available, soil fertility
o DAR shall notify landowner through personal service with
proof of receipt the portion selected as his/her retention if the
LO fails to exercise such right within prescribed period

What are those exemptions and exclusions from the coverage of CARP?
Under Sec. 10 of the Act, the following are exempt from the coverage
of the Act:
(a.) Lands actually, directly, and exclusively used and found to be
necessary for:
1. Parks, wildlife, forest reserves, and reforestation;
2. Fish sanctuaries and breeding grounds; and
3. Watersheds and mangroves.
(b.) Private lands actually, directly, and exclusively used for prawn
farms and fishponds;
(c.) Lands actually, directly, and exclusively used and found to be
necessary for:
1. National defense;
2. School sites and campuses, including experimental
farm stations operated by public or private schools,
for educational purposes, and seed and seedlings,
research and pilot production centers;
3. Church sites and convents appurtenant thereto,
mosque sites and Islamic center appurtenant thereto;
4. Communal burial grounds and cemeteries;
5. Penal colonies and penal farms actually work by the
inmates; and
6. Government and private research and quarantine
centers; and
(d.) All lands with 18% slope and over, except those already
developed.
(e.) Ancestral lands/ domains and retention areas granted to
landowners.
What are Ancestral Lands?
Ancestral lands of each indigenous cultural community include but are
not limited to lands in the actual , continuous, and open possession of
the community and its members

What are Idle or Abandoned Lands?
Agricultural land not cultivated, tilled or developed to produce any
crop no devoted to any specific economic purpose continuously for 3
years immediately prior to the receipt of notice of acquisition by the
government

What is the schedule of completion of acquisition and distribution?
Acquisition of agricultural lands under CARP shall be completed on
June 30, 2014 but the process of acquisition and distribution for lands
issued with NOCs on or before June 30, 2014 shall continue until said
lands have been awarded to qualified beneficiaries

Essential Requisites of Tenancy Relationship
Parties (landowner & tenant)
Subject matter is agricultural land
Consent from landowner (tenant is authorized by LO to occupy said
land)
Purpose is for agricultural production
Personal cultivation by tenant
Sharing of harvests between parties

What is the relevance of determining tenancy relationship?
In order to ascertain if there exists an agrarian dispute
Ascertain if farmer is a qualified beneficiary
Ascertain who has jurisdiction

What is an 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
Include controversy relating to compensation of lands acquired under
CARP and other terms and conditions of transfer of ownership from
landowners to farm-workers, tenants and other agrarian beneficiaries

What is the tenants right of redemption or pre-emption?
PRE-EMPTION In case LO decides to sell his leased land, he must
first offer to sell to tenant/lessee therefor who has the preferential right
to buy the same under reasonable terms and conditions

REDEMPTION If the land was sold to 3
rd
person without tenants
knowledge, he shall have right to redeem the same at a reasonable
price and consideration
Note: Sale or transfer to the government of lands acquired by beneficiary under CARP
shall be subject to the right of children or spouse of beneficiary to repurchase the
land from the government within a period of 2 years

How is just compensation determined?
In determining just compensation, the following shall be considered;
subject to the final decision of the proper court:
a. The cost of the acquisition of the land;
b. The current value of like properties;
c. Its nature;
d. Its actual use and income;
e. The sworn valuation by the owner;
f. The tax declarations;
g. The assessment made by the government assessors; and
h. 70% of the zonal valuation of the BIR translated into basic
formula by the DAR.
The social and economic benefits contributed by the farmers and the farm
workers and by the Government to the property as well as the non-payment
of taxes or loans secured from any government financing institution on the
said land shall be considered as additional factors to determine its valuation.
What are the modes of payment of just compensation?
(1.) Cash payment under the following terms and conditions:
a. For lands above 50 hectare, insofar as the excess hectares is
concerned- 25% cash, the balance to be paid in governments
financial instruments negotiable at any time.
b. For lands above 24 hectares and up to 50 hectares- 30% cash,
the balance to be paid in government5 financial instruments
negotiable at any time.
c. For lands 24 hectares and below- 35% cash, the balance to be
paid in government5 financial instruments negotiable at any
time.
Note: Landowners who voluntarily offer to sell their lands for sale shall be entitled
to an additional 5% cash payment
(2.) Shares of stock in government-owned or controlled
corporations, 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; and
(4.) LBP bonds

If Landowner and Government disagree on computation of just compensation,
what is the legal remedy?
File petition for determination of just compensation at RTC
designated as SPECIAL AGRARIAN COURT

Note: Special Agrarian Court jurisdiction issues pertaining to determination
of just compensation & prosecution of criminal cases for violation of CARP Law

When shall rights of beneficiaries commence?
From the time they receive their Emancipation Patent (EP) or
Certificate of Land Ownership Award (CLOA) and actual occupation

CLOA is proof that property is already awarded to beneficiary
notwithstanding that he has not yet fully paid amortizations

If beneficiary has fully paid, government will issue Transfer Certificate
of Title (TCT) in his favor

When is the prescriptive period contest/question EP or CLOA?
1 year from registration of EP/CLOA before Registry of Deeds

Payment by beneficiaries
Lands awarded shall be paid by beneficiaries to Land Bank in 30 annual
amortizations at 6% interest per annum

What is the legal remedy for LBP in case of default of payment by the
beneficiary?
LBP may FORECLOSE the mortgage (lien on the land) for non-payment
of an aggregate of 3 annual amortizations

How to lift such foreclosure of the land? PD 27
Tenant or compulsory heirs shall pay to LBP all unpaid amortizations
with an interest of 6% within 2 years from its registration

In case of failure to lift foreclosure within said period, ownership of the
land shall be deemed transferred to LBP

Can awarded lands be transferred or sold?
GENERAL RULE: NO
Exceptions:
o Hereditary succession (intestate succession);
o Or to the government;
Or to the LBP; or
o To other qualified beneficiaries (but subject to the
knowledge and approval of DAR) for a period of ten
years.
Note: The children or the spouse of the transferor shall have the right to re purchase the
land from the government or LBP within a period of two (2) years.
What is the nature of Certificates of Land Transfer (CLTs)? (Now CLOA under
RA 6657)
Certificates issued to tenant-farmers in agricultural lands primarily
devoted to the production of rice and corn found qualified to acquire
the lands tilled by them; serve as tenant-farmers provisional title of
ownership pending the full payment of value of the land

Can CLTs/CLOA be accepted as collateral for loans? PD 27
PD 315 directs all financing institutions to accept as collateral for loans,
any duly registered CLTs.

Amount of loan shall not be less than 60% of the value of the
farmholding
Conditions for the Loan:
o Loan obtained shall be guaranteed by the Guarantee Fund
established by the Samahang Ngayon (Barrio Association) in
which tenant-farmer is a member
o Loans shall be used in improvement or development of
farmholding or the establishment of facilities that will enhance
production or marketing of agricultural productions

What is an Emancipation Patent? What is its nature?
After the tenant-farmer shall have fully complied with the requirements
for the grant of title under PD 27, EP shall be issued by DAR to farmer

EP has the character of a Torrens title confirming that the farmer is
the full-pledged owner of the land he has been cultivating

If the land is previously registered under Torrens System: EP, if filed
with Register of Deeds shall constitute conclusive authority for him to enter a
Transfer of Certificate of Title
If land is unregistered: filing of the EP in the Registry of Deeds shall bring
forth the land under operation of Act No. 469 (Property Registration Decree)
& shall be considered registered land; after entry of EP, RD shall enter an
OCT for such land and issue duplicate to grantee

NATURE OF EP: represents absolute ownership over land transferred
to the tiller who has completed payments for the same; distinguish
tenant-holder from rest of other grantees and indicate that he has been
liberated from bondage of the soil


What is a Collective Ownership/Title?
Each beneficiary has undivided share of the land held in common
equivalent to his interest

Requirements of Collective Title:
a. current farm management system of land not appropriate for individual farming of
farm parcels
b. farm labor system is specialized
c. potential beneficiaries collectively work on large contingent areas
d. farm consists of multiple crops farmed in integrated manner

Order of Priority in releasing Collective Title:
1. Agricultural Lessees and Shared Tenants
2. Regular Farmworkers
3. Seasonal Farmworkers
4. Actual Tillers
5. Occupants of public lands
6. Collectives/Cooperatives of beneficiaries


What are the quasi-judicial powers of DARAB?
DARAB Department of Agrarian Reform Adjudication Board
Summon witnesses
Require submission of reports
Subpoena duces tecum/compel production of records or books
Enforce writs
Punish direct or indirect contempt


Is DAR bound to observe Rules of Procedure on Evidence?
NO, DAR is not bound to observe rules of procedure on evidence in order to
facilitate implementation of program and ensure speedy justice with the least
cost

DARAB cannot take cognizance of agrarian dispute unless there is a
Certification from BARC (i.e. that dispute has been submitted for mediation
and conciliation but it was without success of settlement)
DARAB will have to settle the dispute within 30 days
If after lapse of 30-day period, no settlement is reached BARC shall issue
certification that settlement of dispute has not been reached
If NO BARC Certification within 30 days after matter is submitted to
DARAB, dispute may be brought before the Presidential Agrarian
Reform Council (PARC)

Who may appear before the DARAB?
Responsible farmer leaders shall be allowed to represent themselves,
their fellow farmers, or their organizations in any proceedings before
the DAR: Provided, however, that when there are two or more
representatives for any individual or group, the representatives should
choose only one among themselves to represent such party or group
before any DAR proceedings.

Mediation initiated by verified complaint
Conciliation initiated by mere complaint

Procedure in Agrarian-related cases:
1. Filing of complaint
2. Forwarded to the Adjudicator
3. Adjudicator will refer case to BARC
4. If there is a prejudicial question, case shall be referred to Office of DAR
Secretary
5. BARC shall settle (mediation or conciliation)
6. No settlement reached, BARC issues certification, forwards case to DARAB
Instances when theres no need to refer to BARC:
a) Party is a juridical entity
b) Party is a public official and act committed was in the performance of
his official functions

What if it involves 2 parcels of land located in different barangays?
File in the barangay where the larger parcel of land is located
If no settlement is reached, issued with certification of non-settlement

What is a Cause of Action?
Right violated by act or omission of another
If there is no cause of action, one cannot be considered a real party-in-
interest

Where is the Venue for the Complaint?
DARAB which has territorial jurisdiction where property is located

Certification and Verification:
Parties are given 10 days to comply with the certification
In regular courts: mandatory in initiatory pleading; lack of verification
will cause dismissal of case
In agrarian disputes: lack of verification is not a fatal defect

1 SUIT FOR A SINGLE CAUSE OF ACTION
IF MORE THAN 1 CAUSE OF ACTION, MAY JOIN TOGETHER
CANNOT SPLIT A SINGLE CAUSE OF ACTION

Who is a party-in-interest?
One who has cause of action; proper litigant in the case
If association/corporation is defendant: must plead the corporation
(especially when the property is titled under corporation name)

Unknown party-in-interest: JOHN DOE/JANE DOE

Entity without juridical personality as defendant: File a case against name of
the unregistered association



Service of Pleadings:
1. Personal Service
2. Registered Mail
3. If cannot be located, @ work place
*important that service is made at last known address

Issuance of SUMMONS: where court informs the party of the charges and is
directed to appear before court

Filing of an ANSWER must be incorporated in the Counterclaim
If defendant fails to file an answer, declared in default (waives
counterclaim); in regular courts, judgment on the pleading may be made but this is
not applicable in the DARAB

Amendment of Answer: MUST BE WITHIN PRESCRIBED PERIOD
If one cannot file an amended answer within prescribed period, can still
file but with leave of court (permission of court)

AFFIDAVITS must be appended in the complaint

Who may litigate before DARAB?
Party Himself
Senior Law students
DAR Officer

What is a preliminary conference?
Informal proceeding where parties stipulate facts and discuss
possibility of settlement
Failure to arrive at amicable settlement, it will be forwarded to the
adjudicator
In order to assail adjudicators decision, appeal to DARAB via certiorari

Finality of Decision of DARAB
Case to be decided within 30 days after it is submitted for resolution
Only 1 motion for reconsideration is allowed
Decision becomes final after lapse of 15 days from receipt of copy of
decision

Execution of Decision
Immediately executory except when decision/portion thereof involves
solely issue on just compensation

How to appeal on DARAB decision?
File an appeal before Court of Appeals by CERTIORARI within 15
days from receipt of copy of decision
CA review only questions of law
May still appeal before Supreme Court

Prohibition against TRO or Preliminary Injunction?
CANNOT ISSUE TRO or Preliminary Injunction against
PARC/DARAB arising in connection with implementation of CARP
Only Supreme Court may issue TRO or Preliminary Injunction

What is the jurisdiction of Special Agrarian Courts?
a) Petition for determination of just compensation
b) Prosecution of criminal offenses under CARP

How to appeal on decision of Special Agrarian Courts?
File petition for review before Court of Appeals within 15 days from
receipt of notice
May still appeal before Supreme Court


Determination of Just Compensation
a) Parties will agree on the just compensation
b) If parties cannot agree on payment, DARAB will review on just
compensation
c) File petition for determination of just compensation before Special
Agrarian Court