Intreduetion Agrarian Law ‘Social Legislation CONTENTS CHAPTER 1 ‘THE COMPREHENSIVE AGRARIAN ‘REFORM LAW OF 1998 ‘History of Philippine Agrarian Laws ‘Meaning of Agrarian RetGE nen Apply ofthe Comprehensive Agrarian ‘Reform Law ‘Meaning of Agricultural Land... Coneutatonalty of the Compras Ararian ‘Reform Law. ‘The Primary Objective of Agrarian Reform “Meaning of Eeonomic Family. Size Farm. Falting of Livestock, Poultry or Fish Noi Eimbreced in tho Term “Agricul ur : Lands Covered by the Agrarian Reform Law. Lands Not Covered by the Agrarian Reform Law vos: Implementation Extended by Republic At No. 8700. ‘Rotontion right of the landowner. Gan a landowner who has already exercised hia rutention rights under Presidential Decree No. 27 bbe entitled to the retention right under the Comprehensive Agrarian Reform Law. (en pbs retain 5 hetres each under the ‘agrarian reform law. ‘Who ha the right to choose the retention area Can a landowner exercise ig right to rotention over the Tand which has already been covered by an Emancipation Patent or Certificate of Land Ownership Award 1 7 18 18‘Suppose the retention area chosen by the landowner is tenanted, what happens to the tenant. Emect ithe tenant chooses to remain in the ‘retained area . What isthe term ofthe Tease Effect ifthe Tenant Chooses to be a Beneficiary Children of the Landowner are Entitled to 3 hectares each, [Right of Homesteadere vis-a-vis Rights of Tenants Expropriation of Private Aastra Lands by Lc Government Units. ‘The Import ofthe Lave ‘Acquisition and Distribution Scheme. ai ‘Lands Posseased by Multinational Corporations are Covered by the CARL. ea ‘Ancestral land defined. ‘Ancestral lands exempted from the Agrarian Reform Law. Land classification inthe tax declaration is not camel in Lands classified as non-agricultural prior to the effectivity of the CARL are not covered. Lands with at least 18% slope ‘School sitea and eampuses.. a ‘Who has jurisdiction to exempt a property from agrarian reform coverage. ‘Mode of acquisition of commercial farm. Manner of distribution of commercial farms . ‘Qualifications of commereial Farm beneficiaries ss. ‘Who are disqualified to become commereal farm beneficiaries. Freedom of beneficiaries to choose the type of| agribusiness, ‘Types of agribusiness venture arrangements, Right of retention over commercial farms. Power of DAR to fx rentals. Applicability of the Law. ‘Purpose of the Law. Purpose of the Law. ‘The Compulsory Acquisition Proce. vu 18 19 a a 2 eaangese ‘Two notices are required for validity of implementation... Land acquisition procedure should be strictly construed... ‘When title or ownership of the land is transferred ‘othe State Opening of tru account does not eanstitute a Concept of just compensation ‘The factors sed in valuation of lands. ‘The basic formula when all factors are present. ‘The formula when GNI factor isnot present ‘The formula when CS factor ia not present. ‘The formula when CS and CNI factors are not present ‘Reckoning of valuation. Procedure for determination of just compensation wn. Role ofthe Department of Agrarian Reform ‘Adjudication Board (DARAB). ‘The valuation set by DAR not consiusive... Courts cannot disregard the formula... Consent of beneficiary not necessary in determining "just compensation, : ‘Mode of payment sn Landownir cannot insist in each payment only Features ofthe Land Bank bonds. Documentary requirements for veluntary offers forsale. ‘Voluntary land transfer no longer allowed “Mode of payment in voluntary land transfers. Who are eligible to become agrarian reform beneficiaries Qualifications of an agrarian reform beneficiary... ‘Special qualifications for farm workers in commercial farms ar plantations ei ‘Managerial farm workers not qualified to become Denefilae ‘Who are disqualified to become agrarian reform ‘beneficiaries. 2 Factors tobe considered in determining the size ‘of land to e awarded... ‘Transfer of ownerahip to the beneficiaries not automatic. ‘When don he DAR ne Certifeate of Land Owner Avard(CLOA).. CLOA is indefensible. Cancellation of CLOAS ve Grounds for Cancellation of CLOAS... & as B8E88 2 2 2 2 geeeeegeR are‘When will the rights and obligations of benefiiarios Obligations of Agrarian Reform Beneficiaries Individual titles for every benefit secnnes soe Conditions for issuance of collective tities. ‘Tie must inate dat tun EP of CLA Schedule of payment Basis of amortization, [Bfect of failure to pay the amorizations.. Sale or transfer of awarded lands prohibited ‘Meaning of hereditary succession Elect of sale or transfer to the Government ot ‘the Land Bank Can a bonoficiary who has not fully paid the amortizations sell the land to another CCan the beneficiary lease the land to another person... Can the beneicry lease the land tothe former land owner. ‘Right over standing crops at the tim of acqlaton. Modes of ditsbation + ae Entitlement to homelat and sina farniot ‘The schemes under Section 31 are no longer ate : ‘The Hacienda Luisita case... Section 82 ~ A Transitory Provision Section 32 — Declared unconstitutional with respect to livestock and poultry. ncn or Regular Piso or Prawn Far WoPk er nn Value of shares ‘The Land Bank now determines the valuation ‘The Import of the Law. Establishment of Agrarian Reform Communitio. Support services to beneficiaries ‘Meaning of Rural Women... Support Services for Landowner, ‘The Import ofthe Law Opening of agravian settlements in spacial areas ampontion ef th Presidential Arian frm Counal (PARC). Composition of the PARCCOM.. ‘Manner of implementation ofthe Agrarian "Reform Program. a Composition ofthe Barangay Agrarian Reform ‘Counell (BARC) x os n B % 4 5 % 6 7 n 8 78 eggeeee2 8 esesees ‘Munetions of the BARC under Bxocutive Order No. 229. Logal assistance Rulemaking power of DAR and PARC. "Two-Foldjarisdiction of the Department of ‘Agrarian Reform (DAR).. "The quas judicial jurisdiction of the DAR. ‘The quash judicial powors of the DAR. ‘The Provincial Agrarian Reform Adjudicators (PARAD) Appeal fom the decisions of the PARAD. ‘The Regional Agrarian Reform Adjudicators (RARAD) DARAB has no juriediction over matters pertaining to ownership. ARAB has no jurisdiction over retention or ‘exemption issues. DARAB has no jurisdiction over right of way iene ARAB has no juriadletion to identify and classify landholdings for agrarian reform eoverage x. ARAB has no jurisdiction over matters pertaining to ‘identification and selection of beneficiaries. Agrarian cate directly filed in court ~ action to be taken... eal personality of unregistered assiatons anne ‘be challenged. ‘uailal Review Frivolous or dilatory appeals. Prerequisite to fling of «complaint before the DARAB BARC Certification not needed in judicial determination of just compensation ‘The remedy from an adverse ruling ofthe DAR, ‘The Import af the Law. ‘The RTC should be designated as Spesial Agrarian Court. ‘Additional jurisdiction ofthe Special Agrarian ‘Court (SAC). Just compensation preliminarily determined by the DARAB should be fled with the SAC within ‘teen (15) days from notice nn Objections to the Commissioners report. Interloatory Orders. Remedy from adverse decision of the Special ‘Agrarian Court... : Remedy from adverse decision of the ‘Court of Appeal ‘The 16day period is non-extendible Applicability of the Rules of Court a 109 110 110 an ua na ua ng 119 19 120 120 121 at 128 18 129 129 19 130oes deposition of agrarian cases isthe ojctive. Funding of just compensation Role ofthe Land Bank Meaning of conversion, Conversion difers from reclassification [fect of reclassification Scope of DAR¢'s conversion authority ‘Who ean apply for conversion, ‘When is the proper time to fle the appliation or conversion Under what conditions can an application for conversion be filed. ‘Obligations ofthe beneficiary ifthe application for conversion is approved. ‘Lands that eannot absolutely be subject to conversion. ‘Areas highly yestrcted from conversion. Effect of failure to implement the approved ‘conversion plan. Conversion of pubic agricultural lands to ihponds aversion of privat girl lan to taped Purpose of Inventory.ous ‘The Import of the Provision. Change of crops does not need DAR approval “and infra to bnelaro exempted fo taxes and fees. : Exemption from registration foe. [No injunetion policy. Inter-Agency Cooperation : Alfidavit of aggregate landholding ~ a requirement for registration When the bank or financial institution i deemed ns ‘the new landowne n When the bank or financial institution is deemed ‘se Her-holde. Rights and privileges ofthe bank or financial Institution as new landowner, Rights and privileges ofthe bank or financial institution a8 lienholder... Obitigations of the bank or financial institution 'as the new landowner. ‘Obligatins ofthe bank or financial insitation ‘a iencholdr. ‘The term of contractual arrangements will be respected. 130 132 13 134 134 14 134 135, 136 135 136 136 136 137 138 138, 139 40 140 ui ui at aaa saa ua 14a 4 ry 145, us 6 Hebe secured by mortgage on he land CHAPTER 2 ‘THE TENANT EMANCIPATION LAW Applicability ofthe Law ‘Tranafor of lands to tonania Size of land tobe transfered tothe tenant-farmer Stages of land transfer. Significance of the Certificate of Land Transfer (CLT). Significance of an Emancipation Patent (EP) Indefeasbiity of EPs Cancellation of EPs JJurisdietion over eanceliation of BPa.s Tenant bncciry canot ell or rr owner ofthe land, : "The tenant-farmer will pay the Land Bank. Payment of just compensation to landowner.. Retention right of landowner... Retention right under Presidential Decroo No. 27 ‘visas retention right under the CART. “Juriadicion over retention or exemption issues CHAPTER 3 ‘THE CODE OF AGRARIAN REFORMS History ofthe Code of Agrarian Reforms . Objective of the Code of Agrarian Refurme (Code of Agrarian Reforms vis-a-vis Comprehensive Agrarian Reform Lav ‘The ealiont features of the Code of Agrarian Reforma..n ‘The Code of Agrarian Reforms abolished share tenancy Extent of application ofthe leascheld principles under the Code of Agrarian Reforms Form of lease contrat ‘Terma and conditions of the lease contract. ‘Mode of payment of rental. ‘Term ofthe leat Expiration of lease contract does not terminate the Teasebold relation, 146 148, 150 152 152 153, 153 153 153 154 154 155 155 155 156 151 157 158 159 159) 159 160 160 60 161 162 163 164 164‘Transfer of ownership ofthe land does net terminate ‘the leatebold relation Death or physical incapacity ofthe lessee does not terminate the leasenld relation, When the agricultural leasehold is extinguished. Abandonment of the Landbolding.... Voluntary Surrender of the Landholding.- ‘Termination of leasehold by agricultural lessee Dispossescion Obligations of the agricultural lessor. Obligations of the agricultural lessee. Rights ofthe agricultural losor... Rights of agricultural lessee Right oflesee tobe indomnifiod for his labor. Right of pre-emption... Right of redemption soe Righte of agricultural workers, ‘Acts which the agricultural lessor is forbidden to do. ‘Acts which the agricultural lessee i forbidden to do Enforeenbility of loans obtained by an agresltaral Properties ofthe lessee that are exempt from liens or exceution Prescription of tcion. ‘he Deparsent of Agrsan tor ‘The Land Bank... CHAPTER 4 DOMESTIC WORKERS ACT Applicability of the Law Meaning of Domestic Worker Minimum age for employment of domestic workers Hiring of domestic worker : Recruitment of domestic workers by private ‘employment agencies Liability of private employment agencie. $esponsiity of pate emplorment agen Recruitment and Finder's Fee Employment Contract. Basic contents of the employment contract Rogistration of domestic workers. Terms and conditions of empayment of domestic 164 165, 185, 186 166 188 187 168 188 170 170 170 m 173 1% 1% 15 175 15 176 176 178 181 181 183, 183 183, 184 184 185, 185, 185, 186 186 Rights and privileges of domestic workers. Obligations of domestic workers ‘Araw ng mga hasambahay. Prohibited Activities When the employment relation can be terminated Wffectof termination without notie or before the ‘stipulated period... "The just cares for termination of employment ‘by the domestic worker... ‘The just causes for termination of employment by the employer. Ccertifate of Employment. Criminal sete Criminal sanction CHAPTER 5 ‘THE MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995 Migrant Worker Deployment of Migrant Workers. bility of the POBA Governing Board, Government Officials and Employees. : Compulsory Insurance Coverage for agency hired "lgrant workers Disqualiieation Coverage of the insurance. Repatriation of migrant workers Emergency Repatriation. Repatriation of underage migrant workers — mandatory. legal reeruitment of migrant workers ‘Syndicated Megal Reerutmént.. [Large-Scale legal Recruitment. Economic Sabotage Who ean fle the criminal complaint for illegal recruitment, Proecrptive period for illegal recruitment of migrant Wot Penalty for legal recruitment of migrant workers ‘Juriediction of the POEA. Power of POEA to order covure of establishment. Elect of elowure order Remedies from 2 closure order 189 191 191 191 192 192 198 193 194 195 208 208, 205, 206, 206, 207 207Who ean flea motion to reopen the establishment. Who ean fle motion to lft closure order. Ground for lifting ofthe closure order. Appeal receripiive perio for fing administrative case POEA has no jurisdiction over claims of migrant work Relief for ilgally dlemissed migrant workers ‘eeruitment agencies are solidarily liable with the prinipal.. [Exceptions to the solidary liability rae. ‘Sarvices and privileges available to migrant workers. ‘Migrant Workers Day. CHAPTER 6 THE PATERNITY LEAVE ACT OF 1998 ‘Meaning of Paternity Leave. Coverage of the Law. Duration of paternity ieave [Not convertible to cash Conditions for entitlement of paternity leave. ‘When to avail of the paternity leave. How to aval of the paternity leave. Pro of diab or miscerage CHAPTER 7 ) THE SOLO PARENTS’ WELFARE ACT OF 2000 ‘Solo Parent Benefits available to a solo parent. Flexible work schedule. Parental leave for solo parents ‘iousing benefits aducational benefits| Medical Assistance CHAPTER / MAGNA CARTA OF PERSONS WITH DISABILITY Persona with disability. ses ‘Rights and privileges of persons with disability 207 208, 208, 200 209 209 210 210 aia a4 a4 a4 aid 215 215, 215 216 216 air 218 218 219 29 220 21 22 22 Discrimination against persons with disability, ‘prohibited Ridicule of persone with disability, prohibited Vilifeation of persons with disability, probibited.. ‘Tax incentives for benefactors Penal sanctions CHAPTER 9 ‘THE SPECIAL PROTECTION (OF CHILDREN AGAINST ABUSE, EXPLOITATION AND DISCRIMINATION ACT Purpose ofthe Lav. Meaning of children, Employment of children Suspension or cancellation of work permit, Hours of Work of Working Children ‘Prohibited child employment Handling of child's income or property. Child abuse ~ a criminal aflense ‘Child prostitution or sexual abuse ‘Attempt to commit child prostitution (Child Traficking. Attempt to commit child trafficking ‘Obscene publications and indecent shows. Other acts of child abuse. ‘Sanctions for erring establishments... ‘ariadiction ‘Who may file «complaint Protective custody ofthe child Confidentiality. Protection of children in situations of armed conde. Rights of children arrested for reasons related to armed confit. eae Children in confit withthe law. ‘Minimum age of eriminal responsibility. Determination of ag. Children not eriminally ible for ertain offences ‘Procedure for taking the ehild in conflict with the Tay Into custody "Treatment of children below the age of eriminal responsibility Petition for involuntary commitment. 252 235, 235, 236 238 240 240 zat 22 245, 257 261 261Detention pending tial. ‘Automatic suspension of sentence ‘Execution of judgment. (CHAPTER 10 ‘THE MAGNA CARTA OF WOMEN Objective ofthe Law... ‘The rights of women. hts of "Women in Epa Dificat Grcmstancs Sanctions : : Aggravating Circumstance. CHAPTER 11 / ANTLVIOLENCE AGAINST WOMEN ‘AND THEIR CHILDREN ACT OF 2004 ‘Violence aguinst women and their children. Physical violence Sexual violence rychologcal violence. Economie abuse. [Remedies of vitims of violence against women and their children... ‘The crime of violence against women and their children Aggravating circumstances. aes Prohibited defense Battered woman syndrome’ Publi eimess Exemption from liability [No compromise on crimes involving vilence against ‘women and their children Venue of eriminal action Protection order ‘Who ean file petition for protection order. How to obtain protection order Barangay Protection Order (BPO) ‘Judicial Protection Order. Enforeeabiity of protection orders Confidentiality of Proceedings. Custody of children awe fr vein flings women fd their children enn 1 defense for the woman, i 261 262 263 265 267 217 218 219 280 281 281 22 282 283 283 286 286 286 286 287 287 287 287 288 238 289 201 207 207 207 CHAPTER 12 /ANTL-TRAFFICKING OF PERSONS ACT OF 2003 Meaning of Trafficking in Persons ‘Acta of Tracking in Persons. ‘Acts that promote Trafficking in Persons Qualified Trafficking in Persons Use of Trafficked Persons Vere of criminal action. Who may fle a complaint Trmmunity fom eriminal prosecution. Institution of Criminal and Civil Actions. Prescriptive period... Confidentiality of proceedings CHAPTER 13 ‘THE ANTE-SEXUAL HARASSMENT ACT OF 1995 Meaning of sexual harassment. Whore ean sexual harassment be committed How is sexael harassment committed in a How is eoxaal harasement committed in an education or training environment Who can be victims of eual harassment. ‘Who may bo liable for sexual harassment. Obligations of employer or head of educational or "raining institution ‘Composition of the Commitee on Decorum’ ‘and Investigation. Liability of the employer, educational or training institutions Penalties. i ‘Prescriptive period. ven lastrative Cases, CHAPTER 14 _/THE SENIOR CITIZENS ACT Senior Citizen Privileges of Senior Citizens... Senior Citizen Discount and VAT Exemption applies ‘also to eredit card payments 209 209 300 201 02 303 303, 303 308 308 304 308 307 07 307 308 308 309 309 310 310 310 au au 9Conditions for availment ofthe senior citizens? rile nnn a19 [No double discounts, saan) ‘The senior citizen's discount can be claimed as tax deduction 319 ‘Adaitional privileges for indigent senior citizens 20 Discount for DSWD-Accredited senior citizens center. 321 Incentives for Poster Care S22 ‘Addition tax deduction for private entities that ‘employ senior citizens. enn BOD Criminal Offenses and Penalties CONE sae ‘The Office for Senior Citizens Affaire su Qualifications of the OSCA Head. aa Functions ofthe OSCA. 25 (CHAPTER 15 / THE HOME DEVELOPMENT MUTUAL FUND LAW OF 1980 ‘The Forerunner ofthe Present Home Development ‘Mutual Fund, aa Objective of the Laws 327 ‘The Home Development Mutual Fund 328 Corporate Entity 325 Coverage cenne 998 Fund Contebtions 29 ‘Meaning of monthly compensation vcs 880 ‘Term of membership ose cee 330 Suspension of contribution. 320 Withdraval of contributions 330 Housing feature. nennnnsnnrrnonnn 38 ‘Waiver and suspension of coverage from the Home "Development Mutual Fund aan Subsite reieent plan sn 334 Penal provisions. oo 334 (CHAPTER 16 THE NATIONAL HEALTH INSURANCE ACT OF 1995, ‘The rationale behind the enactment of the National “Health Insurance Aetorsus sone 998 ‘The National Health Insurance Program 235 Caverage of the National Health Insurance Program 336 Hinrollment of beneficiaries nroflment Requirements. Declaration of dependents. = Health insurance ID card : Premium contributions. Premium contributions of individually-paying members ‘erons not obliged to pay premium contributions ‘remium contributions for indigent members Nenefts under the National Health Insurance Progra Health services not covered by the National Tiealth Insurance Program . Conditions for entitlement to benefits Health eare providers... Health eare providers should be accredited Payment of em vc Grounds for denial or reductions of claims Compensabilty of confinement for less than 24 hours "The Philippine Health Insurance Corporation. CHAPTER 17 / THE SOCIAL SECURITY ACT OF 1997 Development of the Law. ce Rationale behind the enactment ofthe Social Security Laven Validity of the Socal Security Lav. Construction ofthe Social Security Law Social Security Law isnot a law on succession Social Security Law isnot part ofthe taxation system. ‘Me fun of th Sxl Sealy Sytem are private fads Coverage ofthe 883 law. Compulsory coverage Bective date of coverage. Voluntary coverage. ‘When & person has secured an 888 number does it ‘ean that he is already an SSS member Can a member withdraw his membership with the SSS... Employees not covered by the 88S Law. Obligations ofthe employer Under the Social Security Law. Effet of non-roporting or noa-remittanee cnc me 348 9 349 349 349 49 350 350 351 2361 361 351 361 352 382ct fare to make tinely remittance ‘of contribution vn Good faith isnot a defense Demand isnot condition precedent for remittance of premium contributions. Contributions of the selRemployed - Policy on the primacy of regular employment over selFemployment Effect of interruption of business or profeesional income Effect of separation from employment. ‘The Social Security Boneitn.u Maternity Leave Benefit Sicknest Benefit Permanent Total Disability Benefta..- Permanent Partial Diabllity Benefits Retirement Benefits. Death Benefits. Funeral Benefits "The Primary Beneficiaries "The Secondary Beneficiaries ‘The dependents... ‘The dependents pension wren ‘The Social Security System (SSS) nnn Social Security System may sue and be sued ‘The Social Security Commission (SSO). esnsnnnn ‘Quasi juicial functions ofthe SSC — Appeal from decisions of the SSC. i‘ (CHAPTER 18 ‘THE GOVERNMENT SERVICE INSURANCE SYSTEM ACT OF 1997 Coverage of the Government Service Insurance ‘System (GSIS) Compulsory membership. Employees not subject to compulsory coverege of the GSIS ron Classes of GSIS membership. Elective date of GSIS membership Separation from the service doos not terminato GSIS membership enn ‘The GSIS benefits Separation benefits 369 369 310 310 am am an 372 {Unemployment or involuntary separation benefits. ormanent Total Disability Benefits. irmanent Partial Disability Benefits, ‘Tomporary Total Disability Benefits. Huspension of disability benefits Vorfoitare of disability benefits otirement Benes... Hurvivorship Benefits Mineral Beni ou Life Insurance Benefit rescriptive period for filing of claims an 313 315 316 377 37 378 379 381 381 381INTRODUCTION ‘Agrarian Law ‘Tho term “agrarian” ie derived from the Latin word “ager,” ‘which means a field. Lexicelly, the word agrarian means “relating to land or tothe ownership or division of land.” Agrarian law, therefore, basically refers to the distribution of public agricultural lands, large estates, and regulation of the rolationship between the landowner and the farmer who works on tho land. It embraces all laws that govern and regulate the rights fand relationship over agricultural lands between landowners, tenants, lessees or agricultural workers, Presently, the focus of agrarian laws is on agrarian reform, the thrust of whichis tho redistribution of agriultural lands. Our basic Taw on Agrarian Reform is the Comprehensive Agrarian Reform Law} supplemented by the Tenant Emancipation Law" and the Code of Agrarian Reforms: ‘The primary objective of the agrarian reform program is to breakup agricultural lands and transform them into economicsize farms to be owned by the farmers themselves, with the end in view ‘of uplitng their eoelo-sconomie status. ‘The agrarian reform program is founded onthe vight of farmers ‘and regular farm workers who are landless, #o own directly or collectively the lands they til o, inthe case of other farm workers, ‘wreceive a just share in the fruits thereot = EE at tay, Cone in DAR Administrative Order No.0 set 000.Social Legislation ‘There is no precise definition for socal legislation, Social legislation is oo broad that itcovere labor Ines, agrarian laws, and ‘wolfe laws. The emphasis is more on the aspect of general public {ood and social welfare. Essentially, these are laws or statutes fenacted pursuant tothe social justice lause of the Constitution, CHAPTER 1 ‘THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1998, REPUBLIC ACT NO. 6657 (As amended by Republic Act Nos. 7881, 7905, 8592 and 9700] AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN REFORM PROGRAM TO PROMOTE SOCIAL JUSTICE AND INDUSTRIALIZATION, PROVIDING THE MECHANISM FOR, TTS IMPLEMENTATION, AND FOR OTHER PURPOSES. CHAPTER PRELIMINARY CHAPTER, SECTION 1. Title. ‘This Aet shall be known as the Com- prehensive Agrarian Reform Law of 1998, NOTES: ‘Agrarian Law Agrarian law embraces all laws that govern and regulate the ‘ights and relationship over agricultural lands between landowners, ‘tenants, lessees or agricultural workers, History of Philippine Agrarian Laws Daring the Spanish era, the relationship between landowners ‘and tenants was governed by the Clvil Code, particulary by the ‘Special Provisions for Rural Leases. During the American regime, the Rice Share Tenancy Act: ‘was promulgated. This law regulated the relationship between4 AORARIAN LAW AND SOCIAL LEGISLATION Set landlords and tenants on rice lands, Thereafter, the Sugar Tenancy ‘Act? was enacted to regulate tho relationship between landlords and tenants on lands planted to sugarcane, During the commonweslth period, Commonwealth Act 53 ‘was passed. This law recognized the testimony of the tenant as Dima face evidence of the terms of a tenaney contract that Was not reduced in writing in a Inguage known to him. Subsequently, (Commonwealth Act 178 was enacted to amend the provisions of the Rice Share Tenaney Act, Thereafter, Commonwealth Act 271 was enacted to amend Act No. 4113 by extending it application to sugar {arm workers. Aferwards, Commonwealth Act 461 was enacted to provide security of tenure to agricultural tenants, Thislaw was later ‘amended by Commonwealth Act 608 After the grant of independence, Republic Act No, 34 was en- ‘acted to amend the Rice Share Tenaney Act by introducing changes in crop division. Thereafter, the Agricultural Share Tenancy ‘Act: was enacted. This law repealed all the earlier tenancy laws ‘xoopt the Sugar Tenaney Act. Subsequently, Republic Act No, 2268 famended Republic Act No. 34 ‘Thereafter, Republic Act No. 1400 was passed, setting in ‘motion the expropriation ofall tenanted estates. On’ August 13, 41963, the Agricultural Land Reform Code: was enacted. ‘The Agricultural Land Refbrma Code abolishod share tenancy. a ita place, it instituted the agricultural leasehold eystem, The Agricultural [Land Reform Code was ater amended by Republic Act No, 6389 and ‘was denominated as the Code of Agrarian Reforms. Immediately after the declaration of martial law, President Fordinand E. Marcos promulgated the Tenant Emancipation Law which provided for the transfer of lands primarily devoted orice and corn to the tenants. Thereafter, the Court of Agrarian Relations was reorganized with the enactment of Presidential Decree No. 946. Subsequently, Presidential Decree No. 1038 was ‘promulgated to strengthen the security of tonure of tenants in non- ‘ee or com agricultural lands. The Code of Agrarian Reforms was later amended by Presidential Decree Nos. 251,444, 1039, and 1817. IRA No a8 “THE COMPREHENSIVE AGHARIAN REFORDELAW OF 086 (On July 17, 1987, President Corazon C. Aquino, exercising her wwors under the Transitory Provisions of the 1887 Constitution, Innued Executive Order No. 28 (declaring full land ownership in fhwor ofbenoiciaries under Presidential DeereeNo.27) and Execttive Onler No. 229 (providing the mechanic for ite implementation. uhsoquently, Proclamation No. 131 insitating a comprehensive syrarian reform program was ist. On June 10, 1988, the Comprehensive Agrarian Reform Law of 1988" was enscied. Thereafter, Republic Aet Nos. TS81, 7H05, 8582 and 9700 were enacted to amend certain provisions of the Comprehensive Agrarian Reform Law. Meaning of Agrarian Reform Agrarian Reform means the redistxibution oflands, regardless ‘fers or faite produced to farmers and regular farmworkers who ‘ire landless, irespectve of tenurial arrangement, to include the lutality af factors and support services designed to it the economic slats of the beneficiaries and all other arrangements alternative lo the physical redistribution of lands, such as production or profit= sharing, labor administration, and the distribution of shares of ‘locks, which wil allow beneficiaries to recelve a just share ofthe Traits of the lands they work Gleaned from the foregoing definition, it ean bo soon that ‘agrarian reform is not confined to distribution of lands to landless firmers and regular farmworkers — it includes other alternative modes, such as: (a) labor administration; () prfitsharing, and (©) lock distribution. The reason ie because to confine agrarian reform {o land distribution is simply not feasible, considering there is not ‘enough agricultural land thet can be distributed to every farmer or ‘ragular Tarmwvorker. Applicability of the Comprehensive Agrarian Reform Law ‘Tho Comprehensive Agrarian Reform Law applies only to agricultural lands. Te does not apply tolands classified as residential, ‘commercial, industrial, mineral, o forestland aes ere enemas eee ese eeg see® [AGRARIAN LAW AND SOCTAL LEGISLATION Se Ing of Agricultural Land ‘Agricultural land refers to land devotod to agricultural activi ties, It eontemplates lands that are arable and suitable for farm- [NATALIA REALTY V. DAR 326 SCRA 279 1983) [RACTS: Natalia est, ne. (NATALIA) isthe oxner of = 125heetare land in Antpol, Ras. On April 18, 1878, ‘Presidential Proclamation No. 1697 st aude 20,31 hectares of Iand loated Antipolo, San Mateo and Montalban as townsite ‘rout to aor the population ever isthe metropolis The NATALIA properticn were atuated within the reas proclaimed fe townate reservation Private landowners wer allowed to develop their proper- tis nt lwccot hosing sbdivinins wih the reservation ‘The Human Setlements Regulatory Commision (ow Hou fn Land Use Ragulatry Beard) grasted NATALIA the neces ‘ary permit to develop che land into a subdivision, When the Compechonsive Agrarian Reform Lew took cater on Tune 15, 1988, the Departnent of Agrarian Reform faeued » Notice of Coverage on the undeveloped portions ofthe Subdivision: NATALIA songht the espceliton of Use Nolin af {Coverage onthe ground that the land in question ceased t be ‘gzcutaral lands when Presidential Proclamation No. 1657 ‘ransformed i inl a owt reservation, ISSUE: Whether or not the undeveloped portions of ‘the NATALIA properties aro covered by the Comprehensive ‘Agrarian Reform Lew. HELD: The undeveloped portions of the NATALIA properties are not covered by the Comprehensive Agrarian Roar Law cates they erenotagrcutsrllands Agricultural lands dont ied crmercal ndastral or residential lands ‘The NATALIA properties nse tobe agrealtarl lands pon ‘pproval fer inclusion i the townaite reservation ee 5 a, Camprehensive avin fe Law a mend Lz Farms» Sertary of Avian frm, 102 SORA BI De Geum ¥ Couto Appeal, 506 hese cunrren 7 Constitutionaity ofthe Comprehensive Agrarian Reform Law ‘The Comprehensive Agrarian Reform law is not unconstitue onal because i isa valid exercise of police power: SECTION 2. Declaration of Principles and Policies — He ts the poliey of the State to pursue a Comprehensive Agrarian Reform Program (CARP). The welfare ofthe landless farmers fand farmworkers will receive the highest consideration {o promote social justice and to move the nation toward sound rural development and industrialization, and the @xlablishment of owner cultivatorship of economic-size {farms as basis of Philippine agriculture. ‘The State shall promote industrialization and full ‘omployment based on sound agricultural development and tugrarian reform, through industries that make full and offcient use of human and natural resources, and which are ‘competitive in both domestic and foreign markets: Provided, ‘That the conversion of agricultural lands into industrial, commercial or residential lands shall take into account, Ullere’ rights and national food security. Further, the State shall protect Filipino enterprises against unfair foreign ‘competition and trade practices. ‘The State recognizes that there is not enough agricul» tural land to be divided and distributed to each farmer and regular farmworker so that each one ean own his/her eco- nomle-tize farm. This being the case, a meaningful agrarian reform program to uplift the lives and economie status of the farmer and hishher children can only be achieved through simultaneous industrialination aimed at developing m self reliant and independent national ceonomy effectively con- trolled by Filipinos. ‘To this end, the Siate may, in the interest of national welfare or defense, establish and operate vital industries. A more equitable distribution and ownership of land, ‘with due regard to the rights of landowners to just compen- sation, retention rights under Section 6 of Republic Act 6657, Tiassa of Smal Landowner. Satay Agra Raf, 2TBSCRA. [AGRARIAN LAW AND SOCIAL LEGISLATION ie 2 ‘98 amended, and to the ecological needs of the nation, shall bbe undertaken to provide farmers and farmworkers with the ‘opportunity to enhance their dignity and improve the qual- ity of their lives through greater productivity of agricultural lands. ‘The agrarian reform program is founded on the right of farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till or, in the case of farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just Aistribution ofall agricultural lands, subject to the priorities ‘and retention limits set forth in this Act, taking into account ‘ecological, developmental, and equity considerations, and Subject to the payment of just compensation. The State shall rrespeet the rights of small landowners, and shall provide incentive for voluntary land-sharing. ‘As much as practicable, the implementation of the program shall be community-based to assure, among others, That the farmers shall have greater control of farmgate prices, and easier access to credit. ‘The State shall recognize the right of farmers, farm- workers and landowners, as well as cooperatives and other Independent farmers’ organizations, to participate In the planning, organization, and management of the program, fand shall provide support to agriculture through appropri- ‘te technology and research, and adequate financial, pro- ‘duction, marketing and other support services. ‘The State shall recognize and enforce, consistent with ‘existing laws, the rights of rural women to own and control land, taking into consideration the substantive equality between men and women as qualified beneficiaries, oreceive fa just share of the fruits thereof, and to be represented in ‘Advisory or appropriate decision-making bodies. These Tights shall be Independent of their male relatives and of their civil status. ‘The State shall apply the principles of agrarian reform, ‘or stewardship, whenever applicable, in accordance with Taw, in the disposition or utilization of other natural resources, including lands of the public domain, under Tease or concession, suitable to agriculture, subject to prior Mp COMPRERENSIVE AGRARIAN _ thts, homestead rights of small settlers and the rights of Indigenous communities to their ancestral lands ‘The State may resettle landless farmers and farmwork- ors in its own agricultural estates, which shall be distributed {to them in the manner provided by law. By means of appropriate incentives, the State shall ‘encourage the formation and maintenance of economic-size fumily farms to be constituted by individual beneflelaries ‘and small landowners. ‘The State shall protect the rights of subsistence fisher- men, especially of local communities, to the preferential use ‘of communal marine and fishing resources, both inland and ‘offshore. It shall provide support to such fishermen through appropriate technology and research, adequate financial, production and marketing assistance and other services ‘The State shall also protect, develop and conserve such resources. The protection shall extend to offshore fishing itrounds of subsistence fishermen against foreign intrusion. Flshworkers shall receive a just share from their labor in the utilization of marine and fishing resources. ‘The State shall be guided by the prineiples that land has f social function and land ownership has a social respon sibility. Owners of agricultural land have the obligation to ‘cultivate directly or through labor administration the lands ‘they own and thereby make the land productive. ‘The State shall provide incentives to landowners to Invest the proceeds of the agrarian reform program to promote industrialization, employment and privatization ‘of public sector enterprises. Financial instruments used as ‘payment for lands shall contain features that shall enhance ‘egotiability and acceptability in the marketplace. ‘The State may lease undeveloped lands of the public domain to qualified entities for the development of capital- intensive farms, and traditional and pioneering erops especially those for exports subject to the prior rights of the beneficiaries under this Act.” TT add by RA No, 900» AGRARIAN TAW AND SOCIAL LROISLATION ses NOTES: ‘The Primary Objective of Agrarian Reform ‘The primary objective of agrarian reform is to breakup ‘agricultural lands and transform them into economicsze farms to be owned by the farmers themselves, with the end in view of ‘uplifting their socio-economic status. ‘The agrarian reform program is founded onthe right of farmers ‘and regular farm workers who are landless, to own directly or collectively the lands they tiller, in the case of ether farm worker, %0 roveive a just share in the fruits thereof But it does not guarantee {improvement in the lives of the agrarian reform benefciariea — at best, it merely provides for a possiblity o a favorable chance of uplifting the economic status of the agrarian reform beneficiaries, ‘which may or may not be attained." Meaning of Economie Family-Size Farm Bconomie family-size farm moans an area of farm land that permits effiient uso of labor and capital resources of the farm family and will produce an income suficient to provide @ modest standard of living to meet a farm family’s needs for fod, clothing, ‘soltor, and education with possible allowance for payment af yearly installments on the land, and reasonable reserves to absorb yearly ‘luetuations in income» SECTION 3. Definitions. — For 1 ‘unless the context indicates otherwise: (a) Agrarian Reform means the redistribution of lands, regardless of crops or fruits produced to farmers and regu: lar 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 beneficia- ries and all other arrangements alternative to the physical Purpose of this Act, TRAN seintetne Oreo, 02 sera of 200. ‘Stadedn tne ARG, 3 SCRA To, "ee 1680), Cae of Agron Harn mended, stocks, which will allow beneficiaries to receive a just share Of the fruits ofthe Iands they work. @) Agriculture, AgriculturalEnterpriseorAgricaltural ‘Activity means the cultivation of the soil, planting of crops, rowing of fruit trees, including the harvesting of such farm products, and other farm activities and practices performed Sis fer i erabnetion with oa rng operetins ‘whether natural o juridical. (©) Agricultural Land refers to land devoted to agri- suitral actly as define inthis Ast and not claefed forest, residential, commercial or industrial land. (@ Agrarian Dispute refers to 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. I includes any controversy relating to compensation of lands acquired under this Act and other terms and conditions of transfer of ownership from landowners to farmworkers, tenants and other agrarian reform beneficiaries, whether the disputants stand in the proximate relation of farm operator ‘and beneficiary, landowner and tenant, or lessor and lessee. (©) Idle or Abandoned Land refers to any agricultural land not cultivated, tilled or developed to produce any crop zor devoted to any specific economic purpose continuously for a period of three (8) years immediately prior to the re- ceipt of notice of acquisition by the government as provided lunder this Act, but does not include land that has become permanently or regularly devoted to non-agricultural pur- ‘poses. Tt does not include land which has become unproduc- tive by reason of force majeure or any other fortuitous event, Provided that prior to such event, such land was previously ‘used for agricultural or other economle purpose. (Farmer refers to # natural person whose primary livelihood is cultivation of land or the production of agricultural crops, livestock and/or fisheries elther by ‘himselherself, or primarily with the assistance of his/her2 [AGRARIAN LAW AND SOCIAL LEGISLATION Bes Immediate farm household, whether the land is owned by Ihimfher, or by another person under a leaschold or share tenancy agreement or arrangement with the owner thereof" (@) Farmworker is a natural person who renders services for valueasan employee or laborer in an agricultural ‘enterprise or farm regardless of whether his compensation Is paid on a daily, weekly, monthly or “pakyaw" basis. The term includes an individual whose work has coased as a consequence of, or in connection with, a pending agrarian ‘dispute and who has not obtained a substantially equivalent ‘and regular farm employment. (h) Regular Farmworker is a natural person who is ‘employed on a permanent basis by an agricultural enterprise ‘or farm. (@) Scatonal Farmworker is a natural person who is ‘employed on a recurrent, periodic or intermittent basis by ‘an agricultural enterprise or farm, whether as a permanent or a non-permanent laborer, such as “dumaan,” “sacada,” ‘and the like. @_ Other Farmworker is a farmworker who does not {fall under paragraphs (g), (h) and (i). (o)_ Cooperatives shall refer to organizations composed primarily of small agricultural producers, farmers, farm- Workers, or other “agrarian reform beneflelaries who Voluntarily organize themselves for the purpose of pooling land, human, technological, financial or other economic resources, and operated on the principle of one member, one vote. A juridical person may be a member of a cooperative, with the same rights and duties as a natural person. () Rural women refer to women who are engaged = oe ui vile ni mua) 2 AGRARIAN LAW AND SOCIALLEGISLATION Sac. nlzations, including irrigators associations: Provided, the agrarian reform beneficiaries shall be assured of ‘sponding shares in the corporation, seats in the board of ai rectors, and an equitable share in the profit. In goneral, the land awarded to a farmerbenefi should be in the form of an individual ttle, covering one (1 contiguous tract or several parcels of land cumulated up ‘a maximum of three (8) hectares. ‘The beneficiaries may opt for collective ownership, suc as co-workers oF farmers cooperative or some other form collective organization and for the issuance of collective ownership titles: Provided, That the total area that may awarded shall not exceed the total number of co-own ‘or members of the cooperative or collective organizatios ‘multiplied by the award limit above preseribed, except in ‘meritorious eases as determined by the PARC. ‘The conditions for the issuance of collective titles ‘as follows: vidual farming of farm parcels; (b) ‘The farm labor system is specialized, wl the farmworkers are organized by functions and not by} ‘specific parcels such as spraying, weeding, packing and other similar functions; (©) The potential beneficiaries are eurrently not farming individual parcels but collectively work on| large contiguous areas; and (@ The farm consists of multiple crops being! farmed in an integrated manner or includes non-crop: Production areas that are necessary for the viability, Of farm operations, such as packing plants, storage areas, dikes, and other similar facilities that cannot be subdivided or assigned to individual farmers. For idle and abandoned lands or underdeveloped agri: cultural lands to be covered by CARP, collective ownership shall be allowed only ifthe beneficiaries opt for it and there is a clear development plan that would require collective te 25 carmen 1 2 ‘THE COMPRESIENSIVE AGHARLAN REPORM LAW OP 3068 farming or integrated farm operations exhibiting the con- tions described above. Otherwise, the land awarded to farmer-beneficiary should be in the form of an individual litle, covering one (1) contiguous tract or several parcels of Ind cumulated up to a maximum of three (8) hectares. In case of collective ownership, title to the property ‘hull be issued in the name of the co-owners or the coopera live or collective organization as the case may be. Ifthe cer Wficates of land ownership award are given to cooperatives ‘thon the names of the beneficiaries must also be listed in the {ame certificate of land ownership award. With rogard to existing collective certificates of land ownership award, the DAR should immediately undertake the parcelization of said certificates of land ownership ‘award, particularly those that do not exhibit the conditions for collective ownership outlined above. The DAR shall Conduct a review and redocumentation of all the collective ‘ortifcates of land ownership award. The DAR shall prepare ‘prioritized list of certifieates of land ownership award to be | Darcelized. The parcelization shall commence immediately. upon approval of this Act and shall not exceed a period | Of three (8) years. Only those existing certifieates of land. ownership award that are collectively farmed or are operated, Inan integrated manner shall remain as collective.” Nores: Indlvidual tiles for every beneficiary ‘Asa general rule, the land should be awarded tothe individual {farmer-benefciary and should be covered by an individual tte. However, ifthe beneficiaries opt for clletive ownership, uch ‘farmers cooperative, collective ownership ttle may be iseued in the name ofthe co-owners or the collective organieation, Ifthe title {n issued in the name ofthe cllective organization, the names of the honeficiaris must be listed inthe same cetifiate of land ownership werd. TTEieopoded by RA No. 70, ‘te ,Campranenate Agrarian Reform Lawny vi ni KOILATION Se Conditions for issuance of collective tiles "There are certain conditions that must be complied with collective ownership title can be issued, namely: (a) The farm management aystem ofthe land covered not appropriate for individual farming, () Tho farm labor system is specialized, Le, where t farmworkers are organized by functions and not by speci parcels such as spraying, weeding, packing and other simi fnetions; (©) The beneficiaries are currently not farming indi ‘ual parcels but collectively work on large contiguous areas (@)_The farm conslate of multiple crops being farmed: fn integrated manner or includes non-erop production at that are necesary for the viability of farm operation, such packing plants storage ares, dikes, and other similar fait ‘that cannot be subdivided or atigned to individual farmers: ‘Title must indicate that itis an EP or CLOA "he title ofthe land awarded under the agrarian reform me Indicate that itis an Emancipation Patent (EP) or a Certifiato Land Ownership Award (CLOA). ‘Tho subsequent transfer ttle must also indicate that itis ‘emancipation patent or a certificate of land ownership award. SECTION 26. Payment by Beneficiaries. - Lands awards ppursuant to this Aet shall be paid for by the beneficiaries the LBP award registration. However, if the oceupaney took ‘after the certificate of land ownership award registrati PARC: Provided, That the first five (6) annual payments may] "ie, Competes Aerren Reform La "THE COMPREHENSIVE AGRARIAN REFORM LAW OF 996 be more than five percent (5%) ofthe value of the annual production as established by the DAR. Should the \eduled annual payments after the ffth (Sth) year exceed fon percent (10%) of the annual gross production and the fillure to produce accordingly is not due to the beneficiary's fhult, the LBP shall reduce the Interest rate andior reduce {he principal obligation to make the repayment affordable. "The LBP shall have a lien by way of mortgage on the Inu awarded to the beneficiary; and this mortgage may be reclosed by the LBP for non-payment of an aggregate of thrce () annual amortizations. The LBP shall advise the DAR ‘fwuch proceedings and the latter shall subsequently award the forfeited landholding to other qualified beneficiaries. A beneficiary whose land, as provided herein, has been {foreclosed shall thereafter be permanently disqualified from becoming a beneficiary under this Act.” NOTES: : Schedule of payment "The cost of the awarded land ie payable to the Land Bank (by the beneficiaviea) in thirty (60) annual amortizations with six orcent (6%) intrest per annum. Payment stars on (1) year from: (a) date of registration of the Cortifcate of Land Ownership Award (CLOA); oF (8) date of actual occupancy, if the occupancy took place after the registration af the CLOA. Basis of amortization ‘The maximum amortization is 6% ofthe annual gross produe- tion as established by the Dopartment of Agrarian Reform. After the 6th year, the interest rato andlor the principal obligation may be reduced by the Land Bank to make the repayment ‘Mfordable: "Sis meendd by RA. No. ot00.ail vi i" Mis 78 AGRARIAN LAW AND SOCIAL LEGISLATION Se, mea curren: a "THE COMPREHENSIVE AGRARIAN REPORN LAW OF 3006 (@) If ue to failure of production, the schediled ann ‘payments exceed 10% of the annual gross production; and ©) the faitur to produce isnot duo to the bonefica fault In the event of stich transfer to the LBP, the latter ‘shall compensate the beneficiary in one lump sum for the ‘amounts the latter has already paid, together with the value ‘of improvements he/she has made on the land.» Effect of failure to pay the amortizations one If the beneficiary fils to pay three (8) annus! amortizati the Land Bank can forfeit the landholding and award it toot ‘qualified beneficiaries. ‘The beneficiary whose land has boen foreclosed or forfeited be permanently disqualified from becoming a beneficiary {ale or transfor of awarded lands prohibited Agrarian reform beneficiaries cannot, within a period of ten lor trensfar ownership of the land awarded to them, (@) through hereditary succession; (©) tothe Government; (©) tothe Land Bank ofthe Philippines; or (@) toother qualified beneficiaries. SECTION 27. Transferability of Awarded Lands. — Lan acquired by beneficiaries under this Act or other agrar ‘reform laws shall not be sold, transferred or conveyed. ‘through hereditary suecession, or to the government, or the LBP, or to other qualified beneficiaries through the Di for a period of ten (10) years: Provided, however, That t children or the spouse of the transferor shall have a right ‘repurchase the land from the government or LBP within Meaning of hereditary succession ereditary suession means succession hy intestate succession urby will tothe compulsory heirs — it does not pertain to aucosssion lw other persons. The prohibition against transfer to persons other thin the heirs of the agrarian reform beneficiary stams from the policy of the Government to dovolop generations of farmers to attain ix avowed goal to have an adequate and sustained agricultural olution with certitude, Such objective will not se the light ofthe thy iPlands covered by agrarian reform can easily be converted to non-agricultural purposes. Effect of sale or transfer to the Government or the Land Bank Ifthe beneficiary alls or transfers ownership of the land tothe ‘Government or tothe Land Bank ofthe Philippines, the children or the spouse ofthe transferor can repurchase the land within two ©) years from the date of transfer. ‘conveyance, shall cultivate the land himself/herself. Falls ‘compliance herewith, the land shall be transferred to LBP which shall give due notice of the availability of land in the manner specified in the immediately preceding] paragraph. Si tasty ma. on “Pata of Lata Erearncin Va Ds Pani Dio, 698 SCRA SE, ican Races wee eee| 1 a a ll il Hn ct ” cuarrens » AGRARANLAW AND SOCIAL LEGISLATION Se “TE COMPRERENSIVE AGHARIAN REFORM LAW OF 1906 (res: Can a beneficiary who has not fully paid the amortizatons sel! land to another? I the and has not yot been flly paid by the beneficiary, ‘may sell transfer, or eanvey is rights to theland under the fllowi conditions: (2) Approval of the Department of Agrarian Ref ‘must frst be abtained; ()_ ‘Tho lend shouldbe sold only to an heir of the be ficiry orto any other qualified beneficiary; and (©) The transforeo must undertake to cultivate the la himsalf, otherwise, the Land Bank will ake the land for pr disposition If the sale or transfer complies with the foregoing condi the Land Bank will compensate the beneficiary (ce. the seller transferor in one lump sum forthe amounts he hae already p together with the value of improvements he has made on the land, ht over standing crops atthe time of acquisition ‘The landowner retains his right ver erops not yet harvested at ie the Deparment of Agravan Hef tak posssin af the I (CHAPTER VIL ‘CORPORATE FARMS SECTION 29. Farms Owned or Operated by Corporations or Other Businese Arsociations. ~ Ta the ease of farms owned or operated by corporations or other business associations, the fhllowing rules shall be observed by the PARC: In general, lands shall be distributed directly to the Individual worker-beneficiaries In case it is not economically feasible and sound to divide the land, then it shall be owned collectively by the Worker-beneflelaries who shall form a workers’ eooperative (OF association which will deal with the corporation or Dusiness association. Until a new agreement is entered into bby and between the workers’ cooperative or association {and the corporation or business association, any agreement (irlsting at the time this Act takes effect between the former {andl the previous landowner shall be respected by both the Workers! cooperative or association and the corporation oF business association. Can the beneficiary lease the land to another person? What the lew prohibits is the transfer of ownership, transfer of possession. Therefor, the beneficiary ean lease the la to another person, provided that the lease is also for agricul purposes Ifthe leage Is for non-agricultural purpose, sich as lea to a telecommunications company for cellsites or antennas, Dboneficiary must seck the approval of the Department of Agraria Reform, Nores: Modes of distribution ‘There are two (2) modes of distribution of corporate farms, raely Can the beneficiary lease the land to the former landowner? "The beneficiary can leat the land tits former owner. this can only be done after obtaining approval from the Dey ‘ment of Agrarian Reform through the Provincial Agrarian Ref Coordinating Committes. (e) direct; or 0) indict. Asa rule, corporate farms are o he distributed direct to the Inuividuot worker beneficiaries, I its not economically foesible and sound to divide the land, thon it shall bo distibutod indirectly to the worker-benefiiaries Ueough a workers’ cooperative or association, SECTION 28, Standing Crops atthe Time of Acquisition. ‘The landowner shall retain his share of any standing er lunharvested at the time the DAR shall take posession. the land under Section 16 of this Act, and shall be given reasonable time to harvest the same, sere a eee eee eee ea» AGRARIAN LAW AND SOCIAL LEGISLATION. eg Collect ownership is sanctioned by the Constitution {sin recognition ofthe fact that land reform may become success even iit is done through the medium of juridical entities ceompes offarmers In the wards of the Supreme Court in Hacienda Lisi Inc. v. PARC, GR No, 171101, duly 6, 2011: “As it wor, th prlsiple of lan tothe tiller’ and the old pastoral model of land ownership where non-human jordieal bereons, such es corporations, were prohited from owning Savcutarel lanéa are longer realistic ander exiting fonditons, Practaly, an individual farmer ul often face (rector disadvantages and dienes than hove who eerie Snership in a cllctive manner through cooperative oF forporation. The omer I toes lt to his own devise when feed with aling crops and bod weather or compelled obtain ‘usurious loans is order to porchave costly feelers o faring ‘equipment. The experienneleamed fromm fled land reforsn ‘suis in various pars ofthe country are lak of nancing, Ik of frm equipment lack of frtlizrs, ack of guarantesd Dyers of proce, lack of farm-tomerket 7000s SIng ‘thers: Tha, a the end ofthe day, tere i il no eucesaal Implementation af agrarian erm fo speak ofa auch ate Although success is ot runranted, cooperative or & ‘poration stands in a etter potion to eecue funding and fompetenly maintain the agr-businees than the individual firmer. While direct singular owneratip over farmland does offer advantages, suchas the ability to make qc decison “unhampered by interfrenoe from therm ye at bet, these antages only but offer the disadvantage that are often "usosiated with uch ymerablpexangement- Ths, goverment fast be Double and erecuve in ir mode of implementation to beter ite chances of sures. One such upon is cllactive ‘ownership through juridical persons composed of farmers” SECTION 30, Homelote and Farmlots for Members Cooperatives. — ‘The individual members of the cooperati ‘or corporations mentioned in the preceding section shall provided with homelots and small farmlots for their "use, to be taken from the land owned hy the cooperative corporation. NoTEs: Entitlement to homelet and small farmlot As stated earlier, if itis not economically feasible and to divide the farm owned or operated by corporations or of feo carte: 8 “1B COMPRESSIVE AGRARIAN REFORM LAW OF 1988 psn ssoition i wil be dte innty the orer idlciaries through a worker cooperative or association. Under IMeaituation, the beneficiaries ae entitled to homelot and a small, fhrslot not exceeding 1,000 square metars which tho beneficiary ean lar us the site of his permanent dwelling and for raising vegetables, Pouley, pigs and other animals and engging in minor industries. ‘The homelot and small farmlot will be taken from the land wntded tothe cooperative or association, Ifthe existing homelot is situated within the retained area of ‘he undowner, the beneficiary may be made to transfer his dwelling I his farmiot or ether stea designated for his homelat, provided, wl the landowner shoulders the cost of the transfer.” SECTION 31. Corporate Landowners. ~ Corporate land- owners may voluntarily transfer ownership over their ricultural landholdings to the Republie of the Philippines Pursuant to Section 20 hereof or to qualified beneficiaries, Inder sich terms and conditions, consistent with this Act, n they may agree upon, subject to confirmation by the DAR. Upon certification by the DAR, corporations owning suricultural lands may give their qualified beneficiaries the Fight to purchase such proportion of the eapital stock of the ‘orporation that the agricultural land, actually devoted to huiricultural activities, bears in relation to the company’s {otal assets, under such terms and conditions as may be ‘greed upon by them. In no ease shall the compensation Feceived hy the workers at the time the shares of stocks are flatributed be reduced. The same principle shall be applied tonssociations, with respect to thelr equlty or participation. Corporations or associations which voluntarily divest 1 proportion of their capital stock, equity or participation In favor of their workers or other qualified beneficiaries lunder this section shall be deemed to have complied with the provisions of this Act: Provided, That the following conditions are complied with: 8) Inorder to safeguard the right of beneficiaries whoownshares ofstockstodividendsand other financial GI Rimtaertive Order No.2,e AGRARIAN LAW AND SOCIAL LAGISLATION benefits, the books of the corpo shall be subject to periodic audit by certified pul accountants chosen by the beneficiaries 1) respective ofthe value oftheir equity corporation or nascintion, the beneficaries shal Scsuredofat leant one ) representative in the board director, or in'a management or executive om Ione exists, ofthe corporation or associations and ©) Any shares acquired by such workers ‘beneficiaries sal have the tame Fights and features slfother shares 4) Any transfer of shares of stocks by the or honefciaren shall be vod a nitions vat ras tion isin favor of «qualified and rogitered Hemet IE within two (2) years from the 9 is the land oF stock tranaier envisioned above ls nat made realized or the plan for ch stock distribution approved. the PARC within the same period, the agriculture! land the corporate owners or corporation shall be suject to ‘compulsory coverage of thie het NoTEs: ‘The schemes under Section 31 are no longer operative Under Section 1 thr are wo icemesaalbe to opr + namely: (2) Voluntary land transfer; and (©) Stock distribution “Seotion %, Protin — ar Jae 30, 200, tides of ecqustion shall be tine to weantary ee te eal and compulsory sequisition;" eee eeaeencea comprmn 18 COMPRENIENSIVE AGRARIAN REPOR LAW OF 1938 Hacienda Lulsita case LHACIENDA LUISITA, INC. V. PARC ‘Gilt No, 171101 ‘aly 8, 2011 PACTS: In_ 3967, Tarlae Development Corporation /ADECO) bought Hosta Laie and Centeal Azacarra De ig fom thie Spanish ewer. Te Phalippin goverament, rough tae then Central Banke ofthe Phippines seisted {YADECO in obtaining dollar loan from a US bank to py fo Uh dollar component of te sale, wile the Govrnmont Service Inmaanee System (OSIS) extended a PB. milion lan in Ivor of TADECO ta pay the pec price compnentof the sale Ce ofthe condions for the GSIS loon was that the lots somprisng the HACIENDA LUISITA shal be subdivided by TADECO sad soa cost tothe tenants, if any, and whenever fonditons should exist warranting each scion undor the provisions ofthe Land Tenure Act ‘On May 7, 1980, the mardal lw administration fled ormplaint with the egal Teal Court against TADECO {ncompel tte gurender HACUENDA LUISITA tothe then NMiniste of Ageuran Reform (pow Department of Agrarian Teform) so dat the land can he dstited to the tenants ‘hough TADRCO muintsined that HACIENDA. LUISITA dows ot bare tensnts, and therfore, not covered by exiting ltgraron seo logaatons, the Reghnal val Court rendered Decaion ordering 'TADECO to. surrender HACIENDA LUUISITA to the Ministry of Agrarian Refer, ‘TADECO eppealed the Decson tothe Court of Appeals Dring the pendeney af de appeal, the Ofc of the Soiitor Ganerel (O80) moved to wthraw the governments case faguinet TADECO, The Coot of Appeal granted the motion on nition that TADECO mast submit a Stock Distribution Plan ‘daly approved by the Presidential Agrarian Reform Counc (PARC) which mus be implemented after such approval Fallre tcomply with these conditions will result in the revival ofthe case ‘On August 28,1988, TADECO orgunied the HACIENDA LLUISITA, INC. LD, ava vbsl to feta stork nein by the farm workers For ths purpese, TADECO assigned iid conveyed fo HL the agriealral land portion (4919.75, Tectare) and ther frm-rlatd proper of Haciende Lait ftexchang fr HLL shar of otk.li iv 4 AGRARIAN LAW AND SOCIAL LEGISLATION ‘To accommadate the tranafrof sets fom TADECO to HLL the latter inereaoed ie capital stock from PLEM vied {001,500,000 shares with par valve of PUshar) to PAM (Givded into 400,000,000 shares also wth par valve of PU share. (F the 00,000,000 shares, 180-00,000 were tobe ised to qualified and registred agrarian reforia benefarie, ard the remaining 250,00,000 were foe ated te any stockholder the corporstion, Under the Stock Distribution Pla, the propertie and sets which TADECO contebatd ta the capital otek of ‘amounted PS00,864,20, Deduating the total Habities of the farm inthe amount of P235,422/68 leaves net value of P8658 460, This teanlatd 66/59 469 shares with «pat ‘alu of Pishare. Jn a referendum conducted on May 8, 1980, 80% of the faomworkerbesefcarice of HACIENDA LUISTEA.sigaited tele acceptance of the proposed HL's Stack Distribution Opiion Pia, ‘Thus, on May 11, 1989, » Stock Disebation Option Agreement wes entered into by TADECO, HL, and the 8848 ‘qualified farm worker beneicaries As may be gleaned from the Stock Distribution Option Agreement, included ar par of the Aisteibution plan re (a) production sharing equivalent thre persont (9) of ross sales fom the production ofthe agricataral land payable to the farm morker beneficiaries a cash Alvdeods or incentive bonus, ivespeciv of whether HL ‘makes money or nt: and ©) _Aistribution of ree homelos of aot more then 240 square meters each to amity haveicaree. ‘The Stack Distribution Option Agreement was proved bythe residential Agrarian efor Coun ‘On August 15, 196, FLL appli forthe conversion of 500 hectare af lind of ho hacienda ftom agricultural to inten ‘se, Oo August 14, 1996, the Department of Agri Reform, 'pproved the application subject t payment of three percent (9) fh roe seing pre he Bela w ts continued compliance wah te undertakings under Ose Stok Distrtion Pls, On December 15, 196, HLL, cred 200 hectaros of the ‘converted are to Centenary Holdogs Ine. The renainng 200 hoctares was transferred to Lita Realty Corporation ‘ile COMPREHENSIVE AGRARIAN REFORM LAW OP 1968 ‘Suheequetly,Contnnary sol the entre 300 hectares to aust Industral Pao Corporation (LIPCO} fr she purpese of veloping am industrial opts. ator on, ina Deo o Abou ‘esiument dated November 25,2004, LIPCO transferred the Paretls izal Commer! Banking Corporation (RBC) by way Ut dacion em pogo in payment of LIPCO's PaP431,695,793.10 Ioan sbligations. ‘Apart fom the 800 hectares of converted area, another 1 hectares of HACTENDA LUISITA were later acquired by {he government ac part of te Subio-lari-Taroe Bxpressway (SCTEX! complex. Thus, 4896.75 hectaros remained of the trig 428 hectares whieh TADECO ended to HLL ‘Thereafter, «group of supervisor Sed with the Depart mont of Aararias Reform a petion to rw te Sack Diss Dati Option Agrecmentleging thet HLL bad aed to ge them hele vdends end the share in gros ales 08 wel ax the 89% share inthe proceeds ofthe sal ofthe converted 500 tetares of tana Another petition to rrake the Stork Distribution Option nt wan fled by another group of beneianes’ ho ‘Mod ditlction a and end ot ck opto, Finding that HL has not complied with its obligations under Republic Act No. 6897 despite the implementation af the Stock Distetution Plan, the Prsiental Agrarian Reform ‘Counal revoked the Stock Distribation Option Agreement and Plated HACIENDA LUISITA under the compulsory coverage of the agrarian reform lew. Later, RCRC and LIPCO intervened in the proveedings, ‘questioning the inelanon of the lands that they had woqired ffom HL in the coverage the agrarian reform program ISSUES: 1, Door the Presidential Agrarian Reform Council PARC) have jriditon, ower and euthrity tonality tor revoke the SlockDistabution Option Agreement? 2, Was the PARC correct in ulliving or revoking tho ‘Stack Distrbation Oplian Agreement? 8. _ Ws the PARC correct in including che lands that [RBC and L1PCO had aired from HLT in the coverage ofthe green rlorm program. 4. Should the 80 5-hectare lad transfered to the soverament for use en part of the SCTEX, be excluded fom the ompalsryngroian roar coverage?iY it AGRARIAN LAW AND SOCIAL LEGISLATION HELD: 1. The PARC hasjorisiston, power and autharity to nally or revoke the Stock Disesbution Option Agreement ‘ile Republic Act No. 6857 or other enective ixtanoes om ‘agrarian rer do ot explictly vert the PARC with the power to revoke or reall an approved Stack Distedutton Plan sah, power or authority is deemed postesed under the dactine of ‘occesry Impleation,a asi peatlate that wha spied in {statue i asm ‘whlch i expresed, : ted ‘hat the conferment of express power to approve a plan for tock dstbuton ofthe sgrealiral land of corporate were ecards he power revo or cl th pyar 2. “The PARC was correct in mlliyng o revoking the ‘Stock Distribution Option Agreement. Pray, bocnute HL has not folly complied with te ‘undertaking to distribute homelots to the benelaree ‘under the Stock istshison Plan deyite the 18 years, Wilh regard to the homelts or earmarked, the benefcries are no obliged ta resn the same to HL or pay for ts valu lnc hii benefit {ranted under the Stock Diserbtion 4 not farm part of toe 401515 hectares covered by the ‘Stick Distribution Plan bat were teen fom the 120234 Insctaroreidentil lat owned by TADECO, Thee whe dit ‘ot reso the homelets as af the revocation of the Stock Distbation Plan wll no longor be entited to homalat ‘Ths, inthe determination ofthe ultimate sgreltarel land that will be subjected to land distribution, Use sguregae area of the homelots will no lange be Gated. However, since the Stock Distribution Plan war already revoked with finality, the government ea ancien a an ir pee a mista tte oem at (of just compensation.” Yor modified by the Supreme Court Resotuton dated April 24, 2012) Secondly, because the mechanles and timelines of stock distnbuion violate the provisions of DAO 1 The ‘tribution ofthe shares of sock although not enaiing ‘4cath oat from the boneficarea, is contingent. on ‘the number of “man days” that ithe number of daye ‘hat the beneficinries have worked dusing the year. By curren "TIE COMPREHENSIVE AGRARIAN REFORDI LAW OF 986, proving thatthe aber of share of he cg 1869 Etre eal depend onthe sunberof"man day” FHL voted the ralo on stack irton and effecteely Aurel the bones of equal shares of odin {BE'coporation fr inet eet thane 8299 gualiled rb therealy hd gv up er ae {orth land tha could ve been ditintd to ten HOSES Seas kewsernaridie Reece eee ts rovad xem chige to water down the share ofthe ‘6206 benedeni cna hat the gal : to below 87 days, the beneficiary ‘unfortunately, dee not gt sry ere at jar en. 3, The Presidential Agrarian Reform Council was et correct in ining the Inds that RCBC and IPCO bad tequred fom HLL ithe coverage of the agrarian erm rogram. As ona fide purchaser or valu, both LIPCO a ‘which cannot jst be disregarded. However, sonsdering that the anle and teanafr of the 600, hcaree‘f ln subject of the August 14, 1996 Conversion Onder came after ompoleory coverage has takun place, the tale ot the 200-bestare land to Lalste Realty Corporation and {he equivalent value ofthe 1,000,000 shares of ts oubsiary, ‘Contennary, forthe 900hecare lat od to LIPCO, [the parties actually questioned the transfer, Bat considering ‘hat te sale ad tranafor of he BDS1-hectare SCTE lot came ther compoleory coverage hee taken pes, the Benefiaries ‘Should have tle coreeponding share ofthe land’ veluo, or ‘wile HL ie able.i c ry AGRARIAN LAW AND SOCIAL LEGISLATION "The 6,206 original beneticiarin shal fret and reinguish ‘heir rights over the HLT sharon of sack iad to thm In favor of HLL Tho 4206 non-qualied FWBs shall remain ee ochre of HLL SECTION 22. Production Sharing. — Pending final transfer, individuals or entities owning, or operating Tease or management contract, agricultural lands are mandated to execute a production-sharing plan with farmworkers or farmworkers’ organization, if any, wl three percent (8%) of the gross sales from the ‘of such lands are distributed within sixty (60) days of ‘end of the fiscal year as compensation to regular and ot farmworkers in such lands over and above the compensa they currently receive: Provided, That these individuals entities realize gross sales in excess of five million pesos annum unless the DAR, upon proper application, determa a lower ceiling. Inthe event that the individual or entity realizes a aan additional ten percent (10%) of the net profit after shall be distributed to said regular and other farmwor within ninety (90) days of the end of the fiscal year. To forestall any disruption in the normal opera of lands to be turned over to the farmworker-benefic ‘mentioned above, a transitory period, the length of wt shall be determined by the DAR, shall be established. During this transitory period, at least one pereent ( of the gross sales of the entity shall be distributed to managerial, supervisory and technical group in place the time of the effectivity of this Act, as compensation such transitory managerial and technical funetions aa it perform, pursuant to an agreement that the farmwor ‘beneficiaries and the managerial, supervisory and ‘eroup may conclude, subject tothe approval of the DAR. Sis eri tye Supreme Court Reseaion dated November 2, 201 camer 1 o 8 n 32 —A Transitory Provision "This provision applios only while the lend transfer is boing 1d and finalized. The scheme roqures individuals or entities fu, oF operating an agricultural land under lease or manage intract to adopt a produetion sharing with Farm workers in lowing manner: (a) ifmore than PSM gross salelyear are realized: @) 9% of the gross sales — to be distributed to regular end other farm workers (over and above the compensation Uhey curently reese) (Gi) 1% of tho gross salos ~ 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 farm: workers 9 32 — Declared unconstitutional with respect to livestock poultry Section 32 of the Comprehensive Agrarian Refurm Law which ‘orporate farms to execute and implement production- ing plans (pending final redistribution of their landholding®), unreatonable, cnfiscatory, and violative of due process, hence, land void for being unconstitutional, insofar as it includes the ‘poultry and swine farms in its coverage.™ SECTION 32-A. Incentives. — Individuals or entities Ing or operating Sahponds and prawn farms are hereby tod to execute within six (6) months from the effectivity Hhis Act an incentive plan with their regular fishpond or as Farms v, Seretary of Agrarian Rother, 182 SCRA BI.ay iit wie er a connie 1 a OISLATION Seal In the determination of a price that is just not only to Individual but to society as well, the PARC shall consult ly with the landowner and the worker-beneficiaries. In order to safeguard the right of the regular Bish or prawn farm workers under the incentive plan, the of the fishpond or prawn farm owners shall be sul periodic audit or inspection by certified public account chosen by the workers. ‘The foregoing provision shall not apply to agri lands subsequently converted to fishpond or prawn provided the size of the land converted does not ex« retention limit of the landowner." In case of disagreement, the price as determined by PARC, if accepted by the worker-beneficiaries, shall followed, without prejudice to the landowner's NoTES: Lond Bank now determines the valuation ecutive Order No, 405 promulgsted on June 14, 190, has unfored the authority of the Presidential Agrarian Reform inl (PARC) to determine the valuation o just compensation to land Bank. Section 1 of the said Hxocutive Order provides as low Incentives for Regular Fishpond or Prawn Farm Workers This provision applies to individuals or entities ow ‘operating fshponds and prawn farms. The incontive is 7.55 of net profit bfore tax over “SWCTION 1. Tho Land Bank of the Philipines shall be primarily responsible forthe determination of he land valuation Ind compensation far ll private lands sutable for grealtre Under alter tse Voluntary Offer to Sel (VOS) or Compascry Aequisition (CA) ereangement a governed by Repblic Act Na | 61. The Department af Agrarian Reform shall take uae of the determination ofthe lan valuation and compensa by } the Land: Bank ofthe Philippines, im the performance of ie )Renciona” SECTION 38, Payment of Shares of Cooperative or As tion. ~ Shares of a cooperative or association acquit farmer-beneficiaries or worker-beneficiaries shall he paid for in an amount corresponding to the valuation ga termined in the immediately succeeding section. The owner and the LBP shall assist the farmer-beneficiaries ‘worker-benoficiaries in the payment for said shares by ‘viding eredit financing, CHAPTER IX i ‘SUPPORT SERVICES |__ SECTION 35. Creation of Support Services Ofice. ~ Theres, hereby created the Office of Support Services under the DAR (be headed by an Undersecretary. ‘The Office shall provide general support and coordina {ive services in the implementation of the program, particu larly in carrying out the provisions of the following services fe farmer beneficiaries nnd affected landowners: 1) Irrigation facilities, especially second erop oF ‘dry season irrigation facilities; 2) Infrastructure development and public works projects in areas and settlements that come under NOTES: Value of shares ‘The value of shares of a cooperative or association ‘determined by the Land Bank. SECTION 34. Valuation of Lands. — A valuation for the land shall be formulated by the PARC, taking account the factors enumerated in Section 17, in addi to the need to stimulate the growth of cooperatives the objective of fostering responsible participation of worker-beneflolaries in the creation of wealth. —Fiaaedig RA Ne. 7001.[AGRARIAN LAW AND SOCIAL LEGISLATION oT carne ~ ‘THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1908 agrarian reform, and for this purpose, the prepara of the physical development plan of such settler providing suitable barangay sites, potable water power resources, irrigation systems, seeds and se banks, post harvest facilities, and other faellities sound agricultural development plan. For the p Of providing the aforecited infrastructure and faci the DAR is authorized to enter into contracts interested private parties on Tong term basis or # joint-venture agreements or bulld-operate-tr scheme; promote marketing and minimize spoilage of agrical- {tural produce and products; 12) Create acredit guarantee fund for agricultural landowners that will enhance the collateral value of ‘agricultural lands that are affected or will be affected, hy coverage under the agrarian reform program; and 13) Administration, operation, management and funding of support services programs and projects Including pilot projects and models related to agrarian reform as developed by the DAR 3) Government subsidies forthe use of irriga ; facilities; sh Import of the Law ‘Tho success of agrarian reform depends on the provision ofthe sweaty support services and an orgenizational vehicle that will, wie the beneficiaries to attain economic independence and sf ince. The lies of agrarian reform beneficiaries will be uplifted sigh the provision of support services.» 4) Price support and guarantee forall agricul al produces 5) Extending to small landowners, farmers farmers’ organizations the necessary credit, like cessional and collateral-free loans, for ngro-indust ization based on social co farmers’ organizations; SECTION 36. Funding for Support Services. — In order to wer the expenses and cost of support services, atleast forty reont (40%) ofall appropriations for agrarian reform dur- the five (5)-year extension period shall be immediately side and made available for this purpose: Provided, That DAR shall pursue intograted land acquisition and distri- tion and support services strategy requiring a plan to be loped parallel to the land acquisition and distribution 8) Promoting, developing and extending fin ‘assistance to small and mediumseale industries agrarian reform areas 7) Assigning sufficient numbers of agricul ‘extension workers to farmers’ organizations 8) Undertake research, development and dis ination of information on agrarian reform, plants crops best suited for cultivation and marketing, low-cost and ecologically sound farm inputs and nologies to minimize reliance on expensive and iy ed agricultural inputs; 9) Development of cooperative manage skills through intensive trainings 10) Assistance in the identification of re¢ ‘markets for agricultural produce and training in other various aspects of marketing; 1) Conduct an effective information dissemi tion system through the Department of Agriculture Ferret der!shall have been substantially covered under the provis of this Act and other agrarian or land reform laws: Prot ed, finally, That a complementary support services de stratogy for existing agrarian reform beneficiaries that not in barangays within the AIRCs shall be adopted by DAR. For this purpose, an Agrarian Reform Communit ‘composed and managed by agrarian reform benefic ‘who shall be willing to be organized and to undertake Integrated developmentofan area andior thelr organizat ‘cooperatives. In each community, the DAR, together with ‘agencies and organizations abovementioned, shall ident the farmers’ association, cooperative or their respect federations approved by the farmers-beneficlaries ‘shall take the lead in the agricultural development of area. In addition, the DAR, in close coordination with ‘congressional oversight committee created herein, with notice to the concerned representative of the legisla district prior to implementation shall be authorized package proposals and receive grants, aids and other of financial assistance from any source.’ NoTeEs: 1, Establishment of Agrarian Reform Communities This provision mandates tho Department of Agrarian R fo establish Agrarian Reform Communities in each logslt district witha predominant agricultural population. ‘The Agrarian Reform Community will be composed of managed by agrarian reform beneficiaries who shall be willing tl frganized and to undertake the Integrated development of an ‘heir organizations or operatives SECTION 87, Support Services for the Agrarian Ref Beneficiaries, ~ The State shall adopt the integrated policy support services delivery to agrarian reform benefici To this end, the DAR, the Department of Finance, and Bangko Sentral ng Pilipinas (BSP) shall institute reforms Aa aad hy RA. No, 700 ‘access to credit by agrarian reform beneficiaries PARC shall ensure that support services for agrarian form beneficiaries are provided, such ast (a) Land surveys and tithing; ized terms on agricultural credit facili ‘Thirty percent (80%) of all appropriations for sup- erviees referred to in Section 36 of Republic Act ‘No. 6657, as amended, shall be immediately set aside and ‘made available for agricultural credit facilities: Provid- ‘ed, That one-third (13) of this segregated appropriation shall be specifically allocated for subsidies to support the initial capitalization for agricultural production to new agrarian reform beneficiaries upon the award- ing of the emancipation patent or the certificate of land ownership award and the remaining two-thirds (2) shall be allocated to provide access to socialized credit to existing agrarian reform beneficiaries, including the leaseholders: Provided, further, the LBP and other con- cerned government finan tions, accredited ‘savings and credit cooperatives, financial service co- ‘operatives and aecredited cooperative banks shall pro- vide the delivery system for disbursement of the above finaneial assistance to individual agrarian reform ben: liclaries, holders of collective titles and cooperatives. For this purpose, all inane! tions may ac- cept as collateral for loans the purchase orders, mar kkoting agreements or expected harvests: Provided, That loans obtained shall be used in the improvement or de- velopment of the farmholding of the agrarian reform beneficiary or the establishment of facilities which shall enhance production or marketing of agricultural prod ucts oF Increase farm income therefrom: Provided, fur. ther, That of the remaining seventy percent (70%) for the support services, fifteen percent (15%) shall be ear- ‘marked for farm inputs as requested by the duly accred: ited agrarian reform beneficiaries’ organizations, such as, but not limited to: (1) seeds, seedlings andlor plant- Ing materials; (2) orgunle fertilizers; (3) pesticides; ()= mw i rh wey i i ut vit es; and five percent (55) for seminars, trainings: ike to help empower agrarian reform beneficiaries. (©) Extension services by way of planting, ping, production and post-harvest technology tran fas well as marketing and management assistance support to cooperatives and farmers’ organizations, (@) Infrastructure such as, but not limited access trails, mini-dams, public ulilities, marketing. storage facilities (@) Research, production and use of organic lizers and other local substances necessary in fat and cultivation; and (®) Direct and active DAR assistance in the ea tion and organization of actual and potential a reform beneficiaries, at the barangay, municipal, ind national levels, towards helping Understand their rights and responsibilities as 0 cultivators developing farm-related trust relations famong themselves and their neighbors, and incr farm production and profitability with the ultimate: of empowering them to chart their own destiny. representatives of the agrarian reform beneficiar the PARC shall be chosen from the nominees of the accredited agrarian reform beneficiaries’ orga tons, or in its absence, from organizations of actual potential agrarian reform beneficiaries as forwarded ‘nd processed by the PARC EXCOM. "The PARC shall formulate policies to ensure that port services for agrarian reform beneficiaries shall be ‘vided at all stages of the program implementation with concurrence of the concerned agrarian reform benefic ‘The PARC shall likewise adopt, implement, and monit ‘The Bagong Kilusang Kabuhayan sa Kauntaran (BI Secretariat shall be transferred and attached to the "TE COMPREHENSIVE AGRARIAN REFORMELAW OF 00 {ts supervision including all its applicable and existing nds, personnel, properties, equipment and records, 1use or diversion of the financial and support servie- herein provided shall result in sanctions against the ben- hy the PARC, without prejudice to criminal prosecution.” (OTES: Bupport services to beneficiaries This provision mandates the Government to extend support vices to agrarian reform boneficiaries, most notable of which are: (@) Land surveys and tithing, (b) Liberaized acces to credit; (©) Socialized terms on agricultural eet facilities; (@) Technology transfer; (6) Infrastructure, such aa storage fclitiee, mini dams, te, SECTION 87-A. Equal Support Services for Rural Women, ~- Support services shall be extended equally to women and, then agrarian reform beneficiaries. ‘The PARC shall ensure that these support services, as Pforided for inthis Act, integrate the specific needs and wall ing of women farmer beneficiaries taking into account the specific requirements of female family members of farmer beneficiaries. ‘The PARC shall also ensure that rural women will be ‘able to participate in all community activities. To this effect, Yural women are entitled to selforganization in order to ‘obtain equal access to economic opportunities and to have ‘access to agricultural credit and loans, marketing facilities ‘and technology, and other support services, and equal treatment jn land reform and resettlement scheme ad by RA. Na 97006 AGRARIAN LAW AND SOCIAL LEGISLATION » curr: ~ "THE COMPREHENSIVE AGRARIAN REPORN LAW OF 008 ‘The DAR shall establish and maintain a wor desk, which will be primarily responsible for formula and implementing programs and activities related the protection and promotion of women’s rights, as as providing an avenue where women can register 1 complaints and grievances principally related to their ‘etivities.” lands acquired with stocks and bonds issued by the National Government, the BSP and other government Institutions and instrumentalities; (©) Marketing of agrarian reform bonds, as well promoting the marketability of sald bonds in tradi- onal and non-traditional financial markets and stock ‘exchanges; and/or (a) Other services designed to utilize productive. ly the proceeds of the sale of such lands for rural indus (sialization. landowner who invests in rural-based industries shall cntitled to the incentives granted to a registered enter- ‘engaged in a pioneer or preferred area of investment provided for in the Omnibus Investment Code of 1987, o such other incentives as the PARC, the LBP, or other ernment financial institutions shall provide. ‘The LBP shall redeem a landowner’s agrarian reform 3 face value as an incentive: Provided, That at least Ihy percent (60%) of the proceeds thereof shall be Invested 18 Board of Investments (BOM)-registered company oF funy agr-business or agro-industrial enterprise in the aulon where the CARP-covered landholding is located. An [Additional incentive of tw percent (2%) in eash shall be [Dald to.s landowner who maintains hisher enterprise as a Ing concern for five (5) years or keeps his/her investments Ih x BOLregistered firm for the same period: Provided, further, That the rights of the agrarian reform beneficiaries {re not, in any way, prejudiced or impaired thereby. ‘The DAR, the LBP and the Department of Trade and Industry shall jointly formulate the program to carry out those provisions under the supervision of the PARC: Provid- fl, That inno case shall the landowners’ sex, economic, rell- jous, social, cultural and political attributes exelude them 3m accessing these support services. NOTES: ‘Meaning of Rural Women Rural women are those engaged directly or indiretly farming or fishing as their source of livelihood, whether paid unpaid, ogular or seasonal, or in food preparation; managing ‘household, caving forthe children, and other similar activities Under Section 40(5) of the Comprehensive Agrarian Refol Law all qualified women members of the agricultural labor are guaranteed and assured ofthe following: (2) equal right to ownership ofthe land; (©) equal shares of the farm's produoe; and (©) roprosentation in advisory or appropriate docs making bodies, SECTIONS8. Support Services for Landowners, ~ The P with the assistance of such other government agencies Inatrumentalities as it may direct, shall provide landos affected by the CARP and prior agrarian reform with the following services: (a) Investment information, financial and cot ing assistance, particularly investment informat () Facilities, programs and schemes for the version or exchange of bonds issued for payment of "Gee 3, Cmprteoive Agrarian Refore Law TI a ty Ra, Ne 9700,ih wines We ue 109 AGRARIAN LAW AND SOCIAL LEGISLATION Sc, im NoTEs: ‘Support services for landowners ‘This provision outlines the support services that are aval to landowners, the most notable of which i the incentive granted ‘landowner who invests in rural-based industries. oving principles in these special areas of concern shall nerved: (1). Subsistence Fishing. ~ Small fisherfolk, including. weed farmers, shall be assured of greater access 10 the nition of water resources. (2) Logging and Mining Concessions. — Subject to the rement ofa balanced ecology and conservation of water iurees, suitable areas, as determined by the Depart: nt of Environment and Natural Resources (DENR), in ‘ing, mining and pasture areas, shall be opened up for mn settlements whose beneficiaries shall he required undertake reforestation and conservation production ihods. Subject to existing laws, rules and regulations, ore and members of tribal communities shall be allowed ‘enjoy and exploit the products of the forest other than Jmbor within the logging concessions. (8) Sparsely Occupied Public Agricultural Lands. Sparsely foocupied agricultural lands of the public domain shall be hurvayed, proclaimed and developed as farm settlements for (quilified landless people based on an organized program to ihnure thelr orderly and early development. Agricultural land allocations shall be made for ideal fumily-size farms as determined by the PARC. Pioneers and ‘thor settlers shall be treated equally in every respect. ‘landowner who invests in rural-based industry is entitled the incentives granted to a registered enterprise engaged in a ‘eer or prefered area af investment under Une Omnibus Investn (Code of 1987, ‘Moreover, the Land Bank wil redeem the landowner's agr reform bonds a its face value i atleast 60% of the proceeds thet are invested in a Board of Investments (BOI)-repistered com} tr in any age-business or agro-industeal enterprise in the re ‘where the CARP-covered landholding is located Furthermore, ifthe landowner maintains his enterprise aa} ‘going concorn or keops his investments in a BOL registered frm ve (5) yours, he ia entitied ta be paid an adlitional incentive of incash, SECTION 39. Land Consolidation. ~The DAR shall ea erosion. Subject to the prior rights of qualified beneficiaries NOTES: uncultivated lands of the public domain shall be made itvillable on a lease basis to interested and qualified parti ‘The Import ofthe Law Parties who will engaged in the development of capital: Intensive, traditional or pioneering crops shall be given priority. ‘The lease period, which shall not be more than a total of Atty (60) years, shall be proportionate to the amount of "This provision is intended to (a) promote equal distribution of landholdings; (©) provide the nooded infrastructures in agricul ae Investment and production goals of the lessee, A system of (©) conserve soil fertility and prevent erosion. valuation and audit shall be instituted. CHAPTERX (4) Idle, Abandoned, Foreclosed and Soquestered Lands. SPECIAL AREAS OF CONCERN: Tale, abandoned, foreclosed and sequestered lands shall be planned for distribution aa home lots and family-size SECTION 40, Special Areas of Concern, — As am i farmlots to actual occupants. If land area permits, other part of the Comprehensive Agrarian eform Program, thoi nndless families shall be accommodated in these lands.ie ie i" Py AGHARIANLAWANDSOCIALLEGISLATION Se, (6) Rural Women, — All qualified women members the agricultural labor force must be guaranteed and as equal right to ownership of the land, equal shares of farm's produce, and representation in advisory or appropt ate decision-making bodies. (G)_ Veterans and Retirees. ~ In accordance with Secti of Article XVI of the Constitution, landless war vete and veterans of military campaigns, their surviving spot and orphans, retirees of the Armed Forces of the Philippin (AFP) and the Integrated National Police (INP), returné consideration in the disposition of agricultural lands of public domain. (1) Agriculture Graduates. ~ Graduates of agrieult Opening of agrarian settiements in special areas Farm setilements may be opened up in the following areas: (a) Logging and mining concessions ~ farm sttlemen ‘may be opened up here, provided that the benefiiarias Undertake reforestation and conservation production methods (©) Sparsely occupied public agricultural lands farm settlement may be opened up here for qualified Ian people pursuant to an organized program to ensure order development, CHAPTER xt PROGRAM IMPLEMENTATION SECTION 41. The Presidential Agrarian Reform Council. "The Presidential Agrarian Reform Council (PARC) shall ‘composed ofthe President of the Philippines as Chairperson, ‘the Secretary of Agrarian Reform as Vice-Chairperson and, the following as members: Secretaries of the Departments ‘of Agriculture; Environment and Natural Resources; Budget ‘and Management; Interior and Loeal Government; Public ‘THE COMPREHENSIVE AGRARIAN REFORM LAW OP 1868 Works and Highways; Trade and Industry; Finance; and La- bor and Employment; Director-General of the National Eco- omic and Development Authority; President, Land Bank of ‘tho Philippines; Administrator, National Irrigation Adminis: ration; Administrator, Land Registration Authority; and six (@) representatives of affected landowners to represent Lu- ton, Visayas and Mindanao; six (6) representatives of agrar- an reform beneficiaries, two (2) each from Luzon, Visay {and Mindanao: Provided, That at least one (1) of them shall be fom the indigenous peoples: Provided, further, That at least ‘one (1) of them shall come from x duly recognized national organization of rural women or a national organization of ‘agrarian reform beneficiaries with a substantial number of Women members: Provided, finally, That atleast twenty per- ‘ont (20%) of the members of the PARC shall he women but {no case shall they be less than two (2). SECTION 42. Ezecutive Committee. — There shall be an Kxecutive Committee (EXCOM of the PARC composed of the Nocretary of the DAR as Chairman, and such other members ‘the President may designate, taking into account Article XII, Section 5 of the Constitution, Unless otherwise directed by the PARC, the EXCOM may meet and decide on any and all matters in between meetings of the PARC; Provided, ‘however, That its decisions must he reported to the PARC Immediately and not later than the next meeting. SECTION 43, Secretariat, - A PARC Secretariat is hereby ‘stablished to provide general support and coordinative services such as appre for the PARC. ‘The Secretariat shall be headed by the Secretary of Agrarian Reform who shall be assisted by an Undersecretary land supported by a staff whose composition shall be determined by the PARC Executive Committee and whose compensation shall be chargeable against the Agrarian Reform Fund. All officers and employees of the Secretariat shall be appointed by the Secretary of Agrarian Reform. Tis edd by A No, 700,NOTES: Composition ofthe Presidential Agrarian Reform Council (PAL ‘The PARC is composed of the following: Chairperson _-— President ofthe Philippines Vie Chairperson — Secretary of Agrarian Reform Members — Secretary of — the Department of Agricul —the Department. of Envi rent and Nataral Resources — the Department of Budget a Management tho Department of Interior: Local Government — the Department of Public Worl and Highways the Department of Trade Industry — the Department of Finance tho Department of Labor Employment = Director-General — National Economic Development Authority ~ President ~ Land Bank of the Philippines — Administra — National Irrigation Admin — Administrator — Land Registration Authority — 6 representatives of affected landowners to rusent Luzon, Visayas and Mindanao; — 6 representatives of agrarian reform benef ‘ios, bw0 2) each from Luzon, Visayas and dana Of the 6 representatives ofthe agrarian reform beneficiaries: (a) at ples; ast one (1) should be from the indigenous conpre1 106 (@) at least one (1) should come from a duly recognized national organization ofrural women ora national organization of agrarian reform beneficiaries with a substantial number of| ‘women members. At least 209% ofthe members ofthe PARC should be women but Im no case should they be less than two (2) SECTION 44, Provincial Agrarian Reform Coordinating Committee (PARCCOM). — A Provincial Agrarian Reform Goordinating Committee is hereby created in each province, ymposed of a Chairman, who shall be appointed by the ident upon the recommendation of the EXCOM, the Provincial Agrarian Reform Officer as Executive Officer, ‘and one (1) representative each from the Departments of Agriculture, and of Environment and Natural Resources {and from the LBP; one (1) representative each from existing farmers’ organizations, agricultural cooperatives and on-governmental organizations in the province; two (@) representatives from landowners, at least one (1) of whom thal be a producer representing the principal crop of the province, and two (2) representatives from farmer and frrmworker or beneficiaries, at least one (1) of whom shall bbe a farmer or farmworker representing the principal crop ‘of the province, as members: Provided, That in areas where there are cultural communities, the latter shall Hkewise ‘have one (1) representative. ‘The PARCCOM shall coordinate and monitor the PARC and on the progress of the CARP In the province; {n addition, it shall: 8) Recommend to the PARC the following: 1) Market prices to be used in the determi nation of the profit sharing obligation of agricul ‘tural entities in the province; 2) Adoption of the direct payment scheme between the landowner and the farmer and! ‘or farmworker beneficiary: Provided, that thezr LT if H I “s Ml Mri Je Tt amount and terms of payment are not more b densome to the agrarian reform beneficiary t under the compulsory coverage provision of t CARL: Provided, farther, That the agrarian ref beneficiary agrees to the amount and terms of ment: Provided, furthermore, That the DAR sh fact ax mediator in cares of disagreement hetweet the landowner and the farmer and/or farmovor! beneficiary; Provided, finally, That the farmer a or farmer beneficiary from the LBP an amount equal to eighty-five cent (85%) of the selling price of the land that hhave acquired: 2) Continuous processing of applications: lease back arrangements, joint-venture agreement and other schemes that will optimize the operat size for agricultural production and also promot both security of tenure and security of income farmer beneficiaries: arrangements should be the last resort." NOTES: ‘Composition ofthe PARCCOM Chairman S Executive Officer - 1 representative each from — 1 representative each from — * ri COMPREIENSIVE AGRARIAN REFORM LAW OF 1996 ‘representatives from — landowners, at Teast one (1) of whom shell be a producer representing the prineipal erop ofthe provinee 2ropresentatives from — former and. farmworker or beneficiaries, at least one (1) of whom shall be a farmer or farmworker representing the ‘shall be eligible to principal erp of the provinee representative from — cultural communities, in . freas where there are eaturel communities SECTION 45. Province-by-Province Implementation, ~ The PARC shall provide the guidelines for the provinee-by- province implementation of the CARP, taking into account the peculiarities and needs of each place, kind of crops nnocded oF suited, land distribution workload, beneficiaries development activities and other factors ‘prevalent or taining in the area. In all cases, the implementing agencies ‘a the provincial level shall promote the development of entified ARCs without neglecting the needs and problems of other beneficiaries. The ten-year program of distribution ‘of public and private land in each province shall be adjusted trom year to year by the province's PARCCOM in accordance With the level of operations previously established by the PARC, in every case ensuring that support services re available or have been programmed before actual distribution is effected. Provided, That lease back appointed by the Preside upon the recommendation the EXCOM Provincial Agrarian Ref Officer ‘the Department of Agriultu the Department of Environ ment and Natural Resources the Land Bank Notes: ‘Manner of implementation of the Agrarian Reform Program Section 45 ofthe Comprehensive Agrarian Reform Lav man Antes the implementation of the agrarian reform program an a provinee-by-pravince hasis beeause of the peculiarities and needs ‘each province, such as the kind of erops needed or suited, land existing farmers’ organisa tions, agricultural cooperative ‘and non-governmental organi ‘ations in the province108 AGRARIAN LAW AND SOCIALLECISLATION Se distribution workload, and other factors prevalent or obtaining the area ‘The PARCCOM coordinates and monitors the implementa ofthe agrarian reform program in the province. SECTION 46. Barangay Agrarian Reform Committe (BAI = Unless otherwise provided in this Act, the provisions Executive Order No. 229 regarding the organization of | Barangay Agrarian Reform Committee (BARC) sball be fect. NOTES: ‘Composition ofthe Barangay Agr The Barangay Agrarian Reform Council BARC) is composed ‘representatives coming from the following: 38 Reform Council (BARC) (a) Farmers and farmororkers beneficiaries; () Farmer and farmworkers non-benefiiaries; (o) Agricultural cooperatives; (a) Other farmer organizations; () Barangay Counc (© Non-government organizations; (@ Landowners; () Land Bank; @)_ Official of the Department of Agriculture aasigned| the barangay Official of the Department of Environment [Natural Resources oficial assigned tothe area; and (k) Department of Agrarian Reform Technolog assigned tothe area who shall act asthe Secretary.°= RITE To, 20 dated sul 22,1867 SECTION 47. Functions of the BARC. — (2) In addition provided in Executive Order No. 229, the BARC shal We the following functions: (a) Mediate and conciliste between parties in- volved in an agrarian dispute including matters related to tenurial and financial arrangements ()_ Assist in the identification of qualified benef ciaries and landowners within the barangay; (6) Attest to the accuracy of the initial parcellary mapping of the beneficiary's Uillage: (d) Assist qualified beneficiaries in obtaining credit from lending institutions; (@) Assist in the initial determination of the value of the land; (f) Assist the DAR representatives in the prepara- tion of periodic reports on the CARP implementation {or submission to the DAR: (@ Coordinate the delivery of support services to beneficiaries; and (i) Perform such other functions as may be ‘assigned by the DAR. (2) The BARC shall endeavor to mediate, conciliate and soitle agrarian disputes lodged before it within thirty (30) days from its taking cognizance thereof. If after the lapse the thirty-day period, tis unable to sete the dispute, it shall issue a certificate ofits proceedings and shall furnish a ‘copy thereof upon the parties within seven (7) days after the ‘expiration of the thirty-day period. NoTes: Functions of the BARC under Executive Order No. 229 "The functions ofthe BARC under Section 19 of Executive Order No, 229 are the following: (a) To participate and give support tothe implementa: om of programs on agrarian reform; (©) Tomediate conciliate or arbitrate agrarian conficts ‘and issues that are brought to it for resolution; and= fare at 10 AGRARIAN LAW AND SOCIALLEGISLATION So cuprees m (©) To perform such other functions that the P: ite Bxocutive Commitioo, or the DAK Secretary may del from time to time, Implementation of agrarian reform, except those falling vier the exclusive jurisdiction of ‘the Department of lculture (DA) and the DENR. | tt shall not be bound by tochnical rules of procedure SECTION 48. Logal Assistance. — The BARC or ul ovidence but shall proceed to hear and decide all cases, member thereof may, whenever necessary in the exercise any of its functions hereunder, seek the legal assistance the DAR and the provineial, city, or munieipal governme in accordance with justice and equity and the merits ‘the case. Toward this end, It shall adopt % uniform rule procedure to achieve a just, expeditious and inexpensive mn of every action or proceeding before it. NOTES: Legal assistance In the exercise ofits mediation or conciliation functions, Barangay Agrarian Reform Council ean ask for legal advice froma Department of Agrarian Reform t ensure tha its proposed so to the dispate is within the bounds of lave Itshall have the power to summon witnesses, administer ths, take testimony, require submission of reports, compel ‘Production of books and documents and answers to SECTION 49. ules and Regulations, — The PARC and t DAR shall have the power to issue rules and regulat whether substantive or procedural, to carry out the obj ‘and purposes of this Act. Said rules shall take effect ten ( days after publication in two (2) national newspapers general circulation. homselves, their fellow furmers,or thelr organizations in any ruccedings before the DAR: Provided, however, That when, hore are two or more representatives for any individual or troup, the representatives should choose only one among themselves to represent such party or group before any DAR proceedings. Notwithstanding an appeal to the Court of Appeals, the ocision of the DAR shall be immediately exceutory except Aidecision or a portion thereof involving solely the inmue of Juxt compensation. NOTES: Rulo-making power of DAR and PARC ‘This provision authorizes the Department of Agrarian Ref and the Presidential Agrarian Reform Council to promulgate and regulations to carry out the purposes of the egrarian ref program. In the exereis oftheir rle-making power, the Depa of Agrarian Reform and the Presidential Agrarian Reform Cat cannot enlarge or amend the provisions of the statute, NorEs: ‘Two Fold jurisdiction ofthe Department of Agrarian Reform (DAR) "The jurisdiction of the DAR under Section 50 of the Com- prohensive Agrarian Reform Lav is two-fold, fo wit CHAPTER XI ADMINISTRATIVE ADJUDICATION SECTION 50. Quasi-Judiial Powers of the DAR. — DARis hereby vested with primary jurisdiction to dete and adjudicate agrarian reform matters and shall a exclusive original jurisdiction over all matters involv aR ameoded by RA, No. 0,na AGRARIAN LAW AND SOCIAL LEGISLATION See ‘The first is essentially executive and pertains to ‘enforcement and administration of the laws, carrying t into practical operation and enforcing their due observance, ‘The second is judicial and involve the determinat of rights and obligations ofthe partion" ‘Therefore, a line must be drawn between the functions of DAR Regional Office and the functions of the DAR Adjudict Board (DARAB). Thus + The function ofthe DAR Regional Ofice concerns {implementation of agrarian reform laws ‘The first is essentially executive because it pertains to enforcement and administration of the laws, carrying thet I practical operation and enforcing their due observance. The {a judicial in nature, involving as it does the determination of right and obligations ofthe parties =" ‘The quasi-judicial jursdetion of the DAR ‘The quasi-judicial power ofthe DAR, which it exercises throu the DAR Adjudication Board (DARAB), embraces the following. (a) Primary jurisdiction to determine and adjudica ‘agrarian reform matters; and canermn 1 10 ‘Tu COMPREHENSIVE AGRARIAN REFORM LAW OP 1806 (©) administer oaths; (@) take testimony: (6) issue subpoena ad testificandum ot duces cum (issue writs of execution; and (@) punish director indirect contempt. Provincial Agrarian Reform Adjudicators (PARAD) In general, the PARAD has primary and exclusive jurisdiction hur and decide agrarian disputes. Agrarian dispute is defined in anne: ‘Agrarian dispute refers to any controversy relating to enurial evangemnents, whether laceeld, tenancy, steward: sip or othorrse ver lands dovted to agecutae, including tlapates eonceming farmorarkere aeccations or represen tion of percone in egilating fing, msintaning, changing tcking to artangs tems sonditions of ach emi arrange Ie includes any coteoversy relating to compensation of lands eoqired under this Act and ose tarms und eonditions of {tuner of ownership fm landowners to farmoorkers ents td ether agrarian reform bene ares, whethor the ispatants ‘and nthe proximate relation of farm operator and bene, Tandowner and tenant, of hese and lesa Tt must be noted that not every case involving an agricultural and astomatically makea it an agrarian dispute upon which the DARAB has jurisdiction. The mere fact that the land is agricultural oor not ipso facto make the possessor an agricultural lessee oF fenent. Tenancy is not purely factual relationship dependent fa what the alleged tenant does upon the land. It i also a legal Felotonship, The intent of the partos, the understanding when the firmer is installed, and ther waitten agreements, provided these are tomplcd with and are not contrary to lav, are even more important. Mie law states that an agrarian dispute must be a controversy Iulating ta tenurial arrangement over lands devoted o agriculture Buch arrangement may be leasehold, tenancy or stewardship. If (6) _Appelate jurisdiction over orders and decisions ‘the Agrarian Reform Adjudicators.™ The quasijudicial powers of the DAR In the exorcise of its quasijudicial powers, the DARAB. ssathorizad te: (@) hear and decide enses within its jurisdiction; (©) summon witnesses; Taser Bra, a8 mA 4, Cate Cout af Appl. No. 0194, Jay 1, 200 ‘25ee al 2000 BARA oof Procure. BESTE Compress Agrarian Bator LawTis Court ot Appeni 26 SCRA Se, me AGRARIAN LAW AND SOCIAL LEGISLATION the occupancy and possession was by mere tolerance, there ‘agrarian dispute to speak of! Specifically, the PARAD has primary and exclusive juria ‘determine and adjudicate matters pertaining to (a)_ Rights and obligations of persone engaged in ‘management, cultivation, and use of all agreultaral covered by the Comprehensive Agrarian Reform Law and related agrarian laws; (©) Preliminary administrative determination of sonable and just compensation of lands acquired under dential Decree No. 27 and the Comprehensive Agrarian form Program; (©) Annulment or rescission of lease contracts or of sale of lands under the administration and disposi of the DAR or Land Bank, including amendment of titles ‘agricultural lands under the administration and dispost of the DAR, Land Bank, as well as Emancipation P ‘issued under Presidential Decree No, 266, Homestead Pate Free Patents, and miscellaneous sales patents to settlers settlement and re-ettloment areas under the administra and disposition of the DAR; (4) Bjectment and dispostession of tenants oF holders; (©) Sale, alienation, pre-emption, and redemption ‘agricultural lands under the coverage of the Comprehensi ‘Agrarian Reform Law, as amended or other agrarian laws, (Correction, partition, secondary and subseq issuances such as reissuance of lost or destruyed owns upliate copy and reconstitution of Certifates. of Ovnership Award and Emancipation Patents. whieh ‘registered with the Land Registration Authority, (© _Reviow ofleasehold rentals and fixing of dsturba ‘compensations (4) Collection of amortization payments, foreclos ‘and similar disputes concerning the functions of the Lat carrer 1 ‘Te COMPREHENSIVE AGRARIAN REFORM LAW OP 1808 Nonk, and payments for lands awarded under agrarian laws Including payment for residential, commercial, and industrial his within the settlement and resettlement areas under the ‘ministration and disposition ofthe DAR; (@) Boundary disputes over lands under the adminis- tration and disposition of the DAR and the Land Bank, whieh ‘were transferred, distributed, or sold to tenant-beneficiaries| {tnd covered by deeds of sale, patents, and cetiieatas of title; ) Cases previously falling undor the original and exclusive jurisdiction ofthe defunet Court of Agrarian Relations tinder Section 12 of Presidential Deeree No. 846 except those ‘ives falling under the proper courts or other quasi-judicial bodies; and (k) Such other agrarian cases, disputes, matters or concerns referred to it by the Secretary of the Department of Agrarian Reform." NOTE: Section 12 of Presidential Decree No. 946 provides as tows: “SECTION 12, Jurisditon over Subject attr. — The ‘Cours of Agrarian Relations shal have original and exdsive jmsdieton over: 2) Ces tiling the rights end ciate of persons ine snot ad te of ager! land xcont {its cognizable by Ue National Labor RaleGons Commins Provided, That waco invting the determination of rota Cer any Kind of tnasiod gular land tall be taken scersance ey te Cure of hgraran Relations user there {SE ben a prin fining of provi rental hy the Department of wien Helo eee that te tenant tay Get ‘Mine the case for mmeits detonation By he Courts of ‘ean lon 1b) Question involving rights granted and obigetions imposed by laws, Presidential Decree, Orders, Instructions, ules and Regulation tarued and prmlented in reltian to the agrarian reform program; Provided, however, That matters lnvelsng the administrative implementation ofthe sranaer of the land tothe tenant-rmer under Presidential Deeree No. 27 ‘and amendatory and elated decree, order, nsteaction, rales EET Rae, 2000 MARAN Ral a Procedure.| 4 wre + he AGRARIAN LAW AND SOCIAL LEGISLATION apa regulations shall be acai comiabey the Secret of Agrarian Reform, namely: rmubiet a (©) classicetion and identietion of lndhold- sings (2) _etiention of tenan-frmers and landown sand determination a their nancy relationship, (@)_parellary mapping, determination of the total production and ‘af olnd to be tranaferred to ae onan fare sana St rll cneliton octet transfer in cases outed the purview of Prosiental Decree No 616, (6) ght of retention ofthe landowner: (right ofthe tenant farmer toa home lot; (@) disposition ofthe excess aren in the tenant's farmbelaing (©) chang of ew fom re andor om o ‘other agricultural crop; ae (40) iamuanes of certietin fer the conversion of Lente ar crn reset compere fuse or oer sb argon bing under thatthe authority to lose eeifstes for tonersion of ‘ther Kinds of tenasted apr! lnd forthe same ‘Purposes remainn vested tn the Secretary of Agrarian Redon oA (1D transer, suronder or abandonment by the tenant-furmer of his farmbelding adits disposition; end (22) increas of tilage are by «tenant frm, Provided, further, That the decison of the Secretary sf Aqaian Retr tay be splot te Peer o Philippines. e ict ©), Cates involving the euleetion of amortzations on peoments for lands aquired under Presidential Decree: No. Er, as amended, Commonwealth Act Numbered twenty. amended, Commonwealth Act Numbered five hundred thir hin, as amended, Republic At Numbered eleven hundred nd ‘iat, as amended, Repoblic Act Numbered fourtwn hundred, fa amended, Repable Act Numbered thirtysight hundred fd fortyfour, ct amended, and other related laws, Secrecy, ‘ors instructions, rales and regions, ae well he payment for resdenta, commoreial and industrial lots within the » curren 1 {TE COMPRENENSIVE AGEARLAN REFORM LAW OP 1868 tellement and revelement areas under the administration {nd disposition of the Department of Agrarian Refers Cates involving eallection of amartizatons on pay vente for frm machineris and implements ditibutod and tid yy the Deparment af Agrarian Hfrm and the Land ‘hank the Philippines to tenant farmers, agecaleual esos ‘wmerelluvatre,amortiing owner-alivatery, the ‘Ramahang Navon, compact Iams, farmers’ cooperatives, and ihersoytered farmers artcatons r organizations ce wall as feymen for indebted eters by eason of se stance {fen thom bythe Deparent of Agrarian Rem inte frm [Frecedy, work animale, houses, subrtenc, teanaporation, tedcines farm implements, tool and the lke, ©) Cases involving collection of amortization on payments fr rgation rytame andor water ght grants 2° Well asvigtin es, charge andr rental ) Caso involving collection of rontals om agricultural lands lensed bythe Department of Agrarian Reform or Land Tank sad eallection of agrieatgal fons granted to tenant ngrcaltorel lasses, acter, ownor culivatrs, mor ting ovaer-cultivator, he Samohang Nayon, compact far farmer ooperaives and other reitred farmer aosoeatons organizations: 1) _ Cases involving the annulment or resciion of ace contrtcand dccdscteale and tecaesition oramendmentat {ie pertaining to greta lands under the ministre tid dpa of the Department of Agrarian Reform and {he Land Bank, as well a emancipation ptenteisaed ner Presidential Deres No. 206, homestead poten, fe pte fini musellaneoes sles patent to eter in retest sd feveleent areas ander de administration and Soposton of the Department of Agrarian Reforms, 1) Caste invlving boundary disputes over lands under the adminitratin and disposition ofthe Department of ‘Agrarian Reform and the Land Bank, which are trastered, ‘tributed andor eld to tenant-benecarce and are covered ty deeds ane, potent and eortfcates of tiles; 1) Cases arising tof in x ship nthe Samahang Nason, compact. {ineoand other repetred farmers tessatons or organizations, fod the rights and obligations eetelag from such members 1) Cases acning aretly ot indirectly between corpo ratios or pareershin covered by Genarel Ordae No.7 ad fanentfarmers,agecliural tases, setlers, oenercatvetors, amortiing owner cltivstar, the Samahang Nayon, com pc farms, farmers eooperstive, and oer registered farmer ‘ocitons or organization, and between such corporation of partnerships and other corporations, partnerships, smciatong br single proprietorship where the gestion invaved alec he "gh and intern ofthe person herein mestoned Cases involving the detruination of tile to oer ‘atecing| the easter of the intarlopr or intruder én one snd the same provoding D Cases involving the ae, alienation, martguge foe dosur, preamption and Fedomplien of tenaniedrieutural lands 1) Cases involving expropeation of al kinds of land in furtherance ofthe agrarian reform ogre: 1) Expropriation prosadines for public purpose of all kinds of tonanod agricaltural lan, whether inetd by he State, it pllcal subdivisions and insrumebtlies, of ‘orporations end entitios authorized bylaws to exproprat; ©) Cases invalving acquisition by the Department of Agrarian Hferm of irentonsystans andlor water right rant forthe beneSt of tenant farmers agar loses, fetes, omnercaltvatrs,amortiing ownerculuvalors, tha Samahang Noyon, compact farms, farmer cooperntives, and ‘ther registared ferment" asccations or orpniastion, the ‘Departneat af Agrarian Reform being hers verted wit the authority to construct Iigation ays and app fr ater Fights grants for the purpose herein provided )__ Biocon proccedings instituted by the Department of Agratian Reform and dhe Land Bank ivofving lade under {halt administration and disposition, xcept urban properties nine eat Cases volving vslatone of the penal provisions sf Rope ce Nambered ven hundreds ine ob famended, Republic Act Numbered thre eight hundred aad {rey four, a amended, Presidential Decrees snd laws relating to agrarian relorm; Provide, howwcer, That violations of the ‘ald penal provisions commit by any Judge shall be eed by ‘he court of general juradicton ad 1) Violations of Presidential Dacre Nos, 615 and sie? corre 1 no {HE COMPREHENSIVE AGRARIAN REFORM LAW OF 198 from decisions ofthe PARAD acisions ofthe PARAD are appealableto the DAR Adjudication DARAB) within fiteen (15) days. Regional Agrarian Reform Adjudicators (RARAD) ‘the RARAD is the Exocutive Adjudicator inthe Region. It is With the fellowing functions (a) Administrative supervision over the PARAD includ Ing the monitoring f eases in Ube Region; () Conduct hearing and adjudication of agrarian dis- ites within the Region; (©) Conduct hearing onthe fillowing: Cases that cannot be handled by the PARAD ‘on account of inhibition, disqualifieation or when there is ‘no PARAD designated inthe locality ii) Matters of such complexity and sensitivity that the decision thereof would eonstitate an important precedent affecting regional interest as may be recommended hy the concerned RARAD and approved by the Board; and (Gi) Preliminary determination of just compensa: ton of lands valued st PIOM to P5OM. (ie) Conduct hearing on applications for the sseuance of a writ of preliminary injunction or temporary restraining order and sich other eases which the Board ray assign.” 8 has no jurlediction over matters pertaining to ownership When the controversy pertaine to ownership, there is no spate, hence, the matter is beyond the jurisdiction of ‘DARAB. As held by the Supreme Court in the case of Heirs of 1an Rey Santos v. Court of Appeals, G.R. No. 109992, March 7, Ties le Se, le XIV, 2008 DARAB Rae of recede ‘moe 2 Hole 2000 DARAB Rule ef Procedure,“Petitioners and private respondent have uo tenura leateboli or any agrarian relations whatever that coald have brought this controversy under the ambi ofthe agrarian refer laws: Consequently, the DABAB has no jurado over the ‘controversy ad should not have taken coaleenc of private respondent’ petition for injunction in the fst place” DARAB has no jurisdiction over retention or exemption iseu Issues pertaining to retention rights of the landowner tho exclusion or exemption from agrarian reform coverage are ‘gnizable by the DARAB, but by the Secretary ofthe Dep of Agrarian Reform boctuso they pertain’ to adminis Implementation of agrarian law. ARAB has no jurisdiction over right of way issues "The DARAB cannot entertain a ptiton for right of way by agrarian reform beneficiaries against an adjoining land because the issue ofa right of way or easement over private without tenancy relations is outside the jarisdction ofthe [LAGUNA ESTATES V. COURT OF APPEALS ‘GH No. 119357 ‘uly 6, 2000 FACTS: Somo 284.76 hectares of agriceltral land situate in Barangsy Cail, Cabuyeo, Laguna bulenging ta the Sta. Rosa Reslty Development Corporation SRD, horefter wa placed bythe Department of Agrerian Reform (DAR) under the compulsory acquit Scheme ef the Comprehensive Agrarian Reform Program (CARP, und sabscquently, Certilestes of Land. Ownership ‘Award (CLOA'S) were iatue to the farmerstenefiiarse, ‘The sfereaid agricultaral lands are isolated andor ‘separated from the ret of tho Munpallty of Cabayes, and the only pateage way oF acata road leading to sid private reepondent?agrcutural lands ie the privtaly owned oad ‘etwork sltusted within the promis of Laguna Eatte. The ‘beet rnd network is opon tothe able. But afer ngraian feform beneficiaries were awarded the aforesaid gretaral Tend, Laguns Estate protbited and denied the agrarian eer Sa aa. Caro, 572 SCRA 48; Magno Franco, 618 SCRA 42 carrie: am benefciaries fom utilizing the subject road network, thereby eventing the ingress to, and ogres rom, Bgy Case where 3 faralands awarded lo plvate respondent are oat (On petition by the agrarian reform beneficiaries, the DDARAB ordared Laguna Estate to give a rht of way over the rubject vad network owed by Laguna Hotta. ISSUE: Whether or not the DARAB has juriaition to rant he honeiiares ofthe agrarian reform program aight of ray over Laguna Estate's nto of private toads intended for Udencunve use HELD: DARAB ha no Juraiction. For DARAB to have J Jersdicon over a case, there mast exat s enancy relationship Batroen the partis. Obviously, the issue of a right of way at tucement over plvete property, without tenancy relations i ‘lide the Jaredictin of the DARAB. This nolan agrrian Ineo, Jurisision is vested ina court of general jriadictio, has no jurisdiction to Identify and classity landholdings agrarian reform coverage ‘The jurisdiction to classify and identify landholdings for agrar ruform coverage is repose in the Seeretary of Agrarian Reform not with the DARAB because the matter of agrarian reform rage is strictly a part ofthe administrative implementation af sgrarian reform program." has no Juriiction over matters pertaining to identification seloction of beneficaries dentfiestion end selection of agrarian reform beneficiaries are piirs involving administrative implementation of the agrarian 3m program. Therefore, tho matter is cognizable by the Secretary ‘Agrarian Reform and not by the DARAB. Hence, any party who ims to have pricrity over those who have been identified by the lunicipal Agrarian Reform Officer (ARO) should file his protast ith the MARO or Provincial Agrarian Reform Officer (PARO) later to the Department of Agrarian Reform, but not with the aly Of of th Prt, 616 SCRA 68,"SE COMPREHENSIVE AGRARIAN REFORM LAW OF 006 ma AGRARIAN LAW AND SOCTAL Lastamion nw the ease. Instead, it should refer the matter to the DAR for purpose of determining whether an agrarian dispute exist. "The egurioved party has fiftoon (15) days to appeel the ruling IA tothe it enn tegration coe le ere ba i Ge Be ee ele eare eaeeae nae oe cee Tenancy Sol Seay iin Ae G9) a AMM ga samen — Hee eel es eee a eras eae aren peel camer Soper coe epee epee eee Wasnptr client ie setaaae ie cia In cases where regular courts or quas-judicial ‘have competent jurisdiction, agrarian reform ben ‘or identified beneficiaries and/or their associations Ihave legal standing and interest to intervene their individual or collective rights andlor interests the CARP. ‘The fact of non-registration of such associations the Securities and Exchange Commission, or Development Authority, or any concerned govt ‘agency shall not be used against them to deny the e of their logal standing and interest ina case filed before: courts and quasi-judicial bodies.” SECTION 50-A. Exclusive Jurisdiction om Agrarian ceases pertaining to the implementation of the CARP. those provided under Section 57 of Republic Act No. as amended. If there personality of unregistered associations cannot be chal- ed Courts can still entertain complaints or petitions fled by rgistered associations or cooperatives composed of agrarian rm beneficiaries despite the fact that they are not incorporated the Securities and Exchange or registered with the Cooperative opment Authority SECTION 51. Finality of Determination. — Any case or roversy before it shall be decided within thirty (30) yn after it is submitted for resolution. Only one (1) motion ‘reconsideration shall be allowed. Any order, ruling or all be final after the lapse of fifteen (15) days from udital Review ‘The aggrieved party can elevate the order or ruling ofthe DAR Ww the Court of Appeals by way of petition for review on certiorari ner Rule 43 ofthe Rules of Court. NoTEs: Agrarian case directly filed in court — action tobe taken, ‘The primary jurisdiction t determine and adjudicate a reform matters is vest with the Department of Agrarian Should a party directly fle @ case with the regular court pleading alleges thatthe ease is agrarian in nature and one partis is a farmer, farmworker, or tenant, the Court should SECTION 2. Frivolous Appeals. —‘To discourage frivolous or dilatory appeals from the decisions or orders on the local or provincial levels, the DAR may impose reasonable penalties, including but not limited to fines or censures upon ering parties. TR ea by a. Ne 0700H 7] i t i on AGRARIAN LAW AND SOCIAL LEGISLATION Sa unpre Po "THR COMPREHENSIVE AGRARIAN REFORM LAW OF 096 NorEs: Frivolous or dilatory appeals ‘As to what isa frivolous or dilatory appeal ia factual mat which should be decided according to the surrounding facts ‘or Agrarian Reform Program Technologist certifies the non ‘existence of the BARC or the inability ofthe BARC to convene. "The BARC is needed only for cases filed before the DARAB. a not needed im petitions filed with the special agrarian. courte ‘determination of just compensation, beeause the jurisdiction Kpecial Agrarian Courts over petitions for determination of just pnsation is original and exclusive. SECTION 53. Certification of the BARC. — The DAR not take cognizance of any agrarian dispute or controve unless a certification fromthe BARC that the dispate has! Submitted to it for mediation and conciliation without ‘success of settlement is presented: Provided, however, if no certification is issued by the BARC within thirty ( days after a matter or issue is submitted to it for media ‘or coneiliation, the case oF dispute may be brought be ‘the PARC CHAPTER Xa JUDICIAL REVIEW SECTION 54, Cortiorar. — Any decision, order, award oF : txining to the application, implementatio oe Interpretation of this Act and other pertinent laws on Prerequisite to fling of » complaint before the DARAB The Department of Agrarian Reform Adjudication Bos (DARAB) or its Adjudicators shall not take cognizance of agrarian eas, dispute, or controversy, unless certification tho Barangay Agrarian Reform Commitee (BARC) of the baran ‘where the land invalved is Ieated is presented, tothe effect t the dispute has boon submitted to it for mediation or conelit ‘without any successor settlement However, BARC certification isnot necessary in the follow ‘The findings of fuct of the DAR shall be final and Jusive if based on substantial evidence. OTES: remedy from an adverse ruling of the DAR. ‘The remedy from an adverse ruling of the DAR is to filo a tion for veview on certiorari under Rule 43 ofthe Rules of Court thin fifteen (15) days from notice of the ruling. (2) where the iaeue involves the valuation of land Aetermine just compensation for its acquisition; ()_ whore one party isa public or private conporat partnership, association or juridical person, ora public ‘or employee und the dispute relates to the performance of fia functions, SECTIONS. No Restraining Order or Preliminary Injunction xcept for the Supreme Court, no court in the Philippines phall have jurisdiction to issue any restraining order or writ of preliminary injunction against the PARC, the DAR, for any of its duly authorized or designated agencies in fany case, dispute or controversy arising from, necessary fo, oF in connection with the application, implementation, (6) whore the Secretary ofthe Department of ‘Refurm directly rfars the metter tothe DARAB or Adjudiat (4) where the Municipal Agrarian Reform Officer or, his shoence, the Senior Agrarian Reform Program Technol cea ae DAMM Raee i f , i 16 AGRARIAN LAW AND SOCIAL LEGISLATION area ccunerin 1 a THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1008 lund subject of such eases happen tobe within thei territorial alicton. NOTES: ‘The Import of the Law ‘What Section 85 seeks to probibit i the issuance of restr orders or injunctions against the prooeedings before the Dep of Agrarian Reform or the Presidential Agrarian Reform Cou ‘a not to disrupt the smoath implementation of the agrarian program. But once a ruling is rendered and the aggrieved brings the matter tothe proper courts, the prohibition will ol apply. In auch a situation, the court can sesue a restraining or injunction as an ancillary relief, particularly when jurisdic terror oF grave abuse of discretion Was committed in rendering ruling. NECTION 87. Special Jurisdiction. ~The Spectal Agrarian urs shall have original and exclusive jurisdiction over ‘ietitions for the determination of just compensation to \lowners, and the prosecution of all criminal offenses TES: tonal jurisdiction ofthe Special Agrarian Court (SAC) Inaaddition to their vested jurisdiction, Special Agrarian Courts wunferred original and exclusive jurisdiction to hear and decide: SECTION 56. Special Agrarian Court. — ‘The Sup Court shall designate at loast one (1) branch of the Re ‘Trial Court (RTC) within each provinee to act as Agrarian Court, ‘The Supreme Court may designate more branches! constitute such additional Special Agrarian Courts as (a) petitions forthe determination of just compensation lo landowners; and (©) eximin Reform Law. Violations of the Comprehensive Agrarian judges were former judges of the defunct Court of ae a Just compensation preliminarily determined by the DARAB should be tied wit the SAC within fteon (15) days from notice Undor Soction 6, Rule XIX of the 2009 DARAB Rules of cedure, the party’ who disagrees with the decision of the {judicator may contest the cameo by filing an original action with lv Special Agrarian Court having jurisdiction over the subject proporty within fcon (16) daye fom his roceipt ofthe Adjudicator’s icision. ‘the regular jurisdiction of their respective courts. ‘The Special Agrarian Courts shall have the powers: NOTES: ‘The RTC should be designated as Special Agrarian Court ‘The Rogional Trial Court should specially be design by the Supreme Court as a Special Agrarian Court. Regional T FECTION S58. Appointment of Commissioners. — The Special ‘Agrarian Courts, upon their own initiative or at the instanceae eae 8 AGRARIAN LAW AND SOCIAL LKGISLATION See ‘written report thereof with the court. NOTES: Objections to the Commissioner's report ‘Under the Rule 32 ofthe Rules of Court, a party hasten ays within which to signify grounds for objections to the of the report. Upon expiration of the 10-day peried, the matter be set for hearing aftr which the court wil issue an order ad ‘modifying or rejecting the report in whale or in part. SECTION 59. Orders of the Special Agrarian Courts, —' order of the Special Agrarian Courts on any issue, matter or incident raised before them shall be el to the appellate courts until the hearing shall have terminated and the case decided on the merits NOTES: Intortocutory Orders Interloetory orders ofthe Special Agrarian Court eant challenged before the higher court nil the ease is decided on ‘merits, The obvious purpose i to expedite the resolution of disputes. SECTION 60. Appeale.— An appeal may be taken from from any order, ruling or decision of the DAR, as the ray be, shall he by a petition for review with the § Court within a non-extendible period of fifteen (15) from receipt of a copy of sald decision. "THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1908 TES: 1edy from adverse decision ofthe Special Agrarian Court "The romedy from an adverse decision rendered by the Regional al Court acting as Special Agrarian Court is appeal via petition review under Rule 48 ofthe Rules of Court, and not an ordinary Leon, GR. No, 143275, September 10, 2002: *e the fsture to mention Special Agrarian Courts in Section I of le 4 of the Ravied Rules of Civil Procedure annot be eonstreed to mean that a pelton for review i not. Dormlseble for deine ofthe said apeial oars Tn fat the ld Rule isnot relevant ta determine whether «petition for eviews the proper ode of apes! fom dciins of Regional ‘ral Court in agrarian cases that i, whan thay act a8 Spell Agrarian Courts Section 1 of Wale 4 of tue 1007 Revel ales ciel Procedure merely renons the Court of Tax Appesls and {he oer dierent quas judicial agencinweithou xl lus phraseology. Soc omiaion cannot be conetrved to justly the contention tht pein fbr review le proibited for cisions on special agrarian ease nuamuch a the catagory ie {er quaa judi agence and tx cours to which the Regional ‘Trial Court donot properly balong. Although Supreme Court Cireular No, 191 (precuraor to Hale 43 of the Revised Rls Of Cll Prosedare neuded the decisions of Special Agrerian Courts in the enumeration requiring petition for review, Its non-inelusion Inter on in Rule 43 merely egies that was Inappropeately cased ae «quash judial agency ‘What ie indleputabl that Section 60 expresly regards ‘petition for review asthe proper way of appealing deccions of ‘grarian courts Sor, her is orale preserbod by thle Cour. ‘ipreely ditllwing he sad promod.” [Remedy from adverse decision ofthe Court of Appeals ‘The remedy from an adverse decison ofthe Court of Appeals ‘n appeal by certiorari with the Supreme Court under Rule 45 of the ules of Cour, within Aifteen (15) days from notice. ‘Tho 15-day period is non-extondible By express provision of Section 60 of the Comprehensive ‘Agrarian Reform law, the 16-day period within which ta ile petition for roview withthe Supreme Court is nonextendibrs 19 AGRARIAN LAW ANDSOCIALLEGISLATION Sic SECTION 61. Procedure on Review. ~ Review by the Co of Appeals or the Supreme Court, bbe governed by the Rules of Court. The Court of Ihowever, may require the parties to file simultar memoranda within a period of fifteen (18) days from n after which the case is deemed submitted for decision. NoTEs: Applicability of the Rules of Court ‘On appeal, the procedures outlined in the Rules of Court overn, To expedite the proceodings, the Court ean just requir d parties to submit simultaneous memorandum within fifteen (I ‘lays after which the case will be deemed submitted for decision SECTION 62. Preferential Attention in Courts. — All cot in the Philippines, both trial and appellate, shall give with the implementation of this Act shall continue to heard, tried and decided into their finality, notwithstandi the expiration of the ten-year period mentioned in Section hereof. NOTES: Expeditious disposition of agrarian cases is the objective Considering the naturo of an agrarian caso, itis imperat that the case be decided with expeditiously for the bonoit of ‘tho agrarian reform beneficiary and the landowner who is enti ‘to prompt payment of just compensation CHAPTER XIV FINANCING SECTION 63. Funding Source. The amount needed further implement the CARP as provided in this Act, June $0, 2014, upon expiration of funding under Republ ‘Act No. 8532’ and other pertinent laws, shall be fun ‘from the Agrarian Reform Fund and other funding sowres pees ln the amount of at le (P150,000,000,000.00) coupe a ‘TE COMPREHENSIVE AGRARIAN REFORM LAW OP 1868 t One hundred fifty billion pesos Adaltional amounts are hereby authorized to be appro- ated as and when needed to augment the Agrarian Reform ind in order to fully implement the provistons of this Act ‘the five (6)-year extension period. Sources of funding or appropriations shall include the lowing: (a) Proceeds of the sales of the Privatization and Management Office (PMO); (b) All receipts from assets recovered and from sales of ill-gotten wealth recovered through the PCGG excluding the amount appropriated for compensation to victims of human rights violations under the applicable lave; (©) Proceedsof the disposition and development of the properties of the Government in foreign countries, for the specific purposes of fnancing production credits, infrastructure and other support services required by this Act; (@) All income and collections of whatever form and nature arising from the agrarian reform operations, projects and programs of the DAR and other CARP Implementing agencies; (6). Portion of amounts accruing tothe Philippines from all sources of official foreign aid grants’ and concessional financing from all countries, tobe used for the specific purposes of financing productions, credits, infrastructures, and other support services required by this Act; 18 (P5000,000,000.00) from the General Appropriations Act; (@)_ Gratuitous financial assistance from legitimate sources; and (i) Other government funds not otherwise appro: printed.oS eS Se a AGRARIAN LAW AND SOCIAL LEGISLATION pe couarren a2 ‘TH COMPREBINSIVE AGHALIAN HEFORDA LAW OF 986 Nores: Rolo of the Land Bank ‘The Land Bankinthe antl arm of the gratin form pro wn The delreiaton of jt compensation nde Une Compre [oie Agaran Raton Law commences with to Land Bank de Aroning th vl of the lnda Ung Land Bans valuation, the Thurtmentaf rasan Reform mae an afer oh landowne, need arises, specific amounts for bond redemptions, inte payments and other existing obligations arising from implementation of the program shall be included in annual General Appropriations Act: Provided, further, all just compensation payments to landowners, inclu execution of judgments therefor, shall only be sourced the Agrarian Reform Fund: Provided, however, That jt compensation payments that eannot be covered within approved annual budget of the program shall be chargesh against the debt service program of the national yovernms ‘oF any unprogrammed item in the General Appropris Act: Provided, finally, That after the completion of land acquisition and distribution component of CARP, the yearly appropriation shall be allocated fully support services, agrarian justice delivery and operati requirements of the DAR and the other CARP implement CHAPTER XV GENERAL PROVISIONS SECTION 68. Conversion of Lands, — After the lapse of five (@) years from its award, when the land ceases to he eco- ‘omically feasible and sound for agricultural purposes, or locality has become urbanized and the Ind will have treater economie value for residential, commercial or indus {lal purposes, the DAR, upon application of the beneficiary br the landowner with respect only to his/her retained area Which is tenanted, with due notice to the affected parties, find subject to existing laws, may authorize the reclassifica lon or conversion of the land and its disposition: Provid- ‘1d, That if the applicant is a beneficiary under agrarian laws find the land sought to be converted is the land awarded to hinvher or any portion thereof, the applicant, after the con- Version is granted, shall invest at least ten percent (10%) of tho proceeds coming from the conversion in government se- ‘uities: Provided, further, That the applicant upon conver- tlon shall fully pay the price of the land: Provided, further- ‘more, That irrigated and irrigable lands, shall not be to conversion: Provided, finally, That the National lev ‘Administration shall submit a consolidated data on the lo- tution nationwide of all rrigable lands within one (1) year from the effectivity of this Act. Failure to implement the conversion plan within five (6) years from the approval of such conversion plan or any ‘lolation of the conditions of the conversion order due tothe fult of the applicant shall eause the land to automatic he covered by CARP. Funding of just compensation ‘The just compensation payments to landowner can only sourced from the Agrarian Reform Fund. If the annual budget the agrarian reform fund is not sufficient, the just compensa ‘payments shall be charged against the debi serves program of national government, or any unprogrammed item in the “Appropriations Act SECTION 64, Financial Intermediary for the CARP, ‘The Land Bank of the Philippines shall be the fa intermediary for the CARP, and shall insure that the justice objectives of the CARP shall enjoy a prefer ‘among its priorities. Tec RA. Now, 522 ad 10, “Shanley A, No. 0,m AORAWIAS LAW AND SOCIAL LEGISLATION tos cusrren a ‘TH COMPREHENSIVE AGRARIAN REFORM LAW OF 1906, Notes: lnrance oF authority fFom the Department of Agrarian Reform ‘Meaning of conversion ce becuse the said lands are not covered by the agrarian reform rogram. ‘The authority of the Department of Agrarian Reform to ap- rove or disapprove conversion of agricultural land into residentil, Fmimercial or industrial uae can only be exeresed after the effctiv. liy of Republic Act No. 6657 on June 15, 1988. After June 15, 1998, fanversion approval is necessary even if the land has been reclas- filed es non-agricultural by the local government units or by way Presidential Proclamation. Reclassifeation alone will not sufico tase the agricultural lands for non-agricultural purpeces. Conver- ton is needed to change the current use of reclassified agricultural Fan onverson isthe at of changing the current wu sericlearal land into ome other ue, fo wie nt (0) "Hor ridntal, commer nds an ‘non-agricultural purposes; Yen ote (©) Por another type of agrcutral acti livestock, poultry, and fshpond the effect of whic vistocn ‘the land from CARP. vera cca (©) For non-grcaltral uso other than that previous authorized. a malate Change of crop con RARE, fs t commercial crops or high vale crops rersion inthe uso or nature ofthe land Who can apply for conversion? ‘The following persons can apply for land conversion: (a) the beneficiary; oF (©) the landowner with respect only to his otained area which is tenant. Conversion difers from reclassification Conversion isthe act of chan agricultural land into some of Agrarian Reform, a ames is the act of specifying ‘how agricultural lande| r tod for non-agricultural uses guet an reedenuet Thdustra, and commercial as emboded in the an se tothe requirements and procedures for land use conseeon en Effect of reclassification ng the current ase of ple ther nea approved bythe Depart ‘When isthe proper time to fle the application for conversion? ‘The application for conversion can be fled after the lapse of| five (6) years from the award of tho land, ‘Under what conditions can an application for conversion be filed? ‘The application fr conversion can be filed ifany ofthe fellowing conditions exist: A mere reclassification of an ‘matically allow the landowner to ch the process of conversion bef ‘tural land for other purposes’ agricultural land does not auto- hange its use. He has to undergo © is ermited tune the spec tobe economically fasible for (a) when the land eeas agricultural purposes, or (b) when the locality has become urbanized and the land vill have a greater economiie value for residential, eommercial ‘or indostrial purposes Scope ofthe DAR's conversion authority Agricultural lands that were slrvady or elas sericltural prior o June 15,1998 docs not requis ang coer SE 3 De Admintrative Onde No, 01:88, ‘eS. iD, Comprebenne Again Rt Law IMEI Satara gar Ree, 6 SRA 26, 7S va cl. Court of Appl GR No. 112528, Ober 12,201 ERE Srtary of Agari elo, stra