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Section 1 -CARL of 1998 Section 17 -Just Compensation

- Applies to agricultural lands - Full and fair equivalent of the property taken from its
- Valid exercise of police power owner
- Prompt payment or immediate deposit and release of
Section 2 - Principles and Policies just compensation
 Value at the time of taking
Objective – breakup agriculutural lands transform to econimic  If there is undue delay, at the time of full payment of
sized farms to be owned by beneficiaries just compensation

Economic size- permits efficient use of labor and capital Factors of Valuation of Land: basis
resoources of the farm
a. CNI – capitalized net income, land use and productivity
Section 4 - SCOPE
b. CS – Comparable Sales, 70% of the BIR zonal value
- all public and private agricultural lands
c. MV – Market Value, tax declaration
exceptions: landholdings of land owners with 5 hectares and
below shall not be covered for acquisition and distribution to DARAB
qualified farmers
Summary administrative proceeding to determin if land bank is
Section 16 -Compulsory Acquisition process correct in land valuation computation

a. identification by DAR of the land, landowner and beneficiaries PARAD – when initial land valuation is less than 10M

b. notice by DAR to the landowner of the Compulsary Acquisition RARAD – when initial land valution is 10M to 50M
and the price
DARAB – when initial land valuation is above 50M
- by personal notice or registered mail
- If non-availability, inhibition, disqualification may
- by posting in a conspicuous place proceed to next adjudicator

c. reply of the landowner about Acceptance or Rejection Section 22 -Qualified beneficiaries

- if he accepts, land bank will pay him after 30 days Eligiblility – person is landless resident of same
barangay/municipality
- if he rejects, DAR will determine just compensation
a. Agricultural lessees
- if he disagrees, he can proceed to regular court for
determination of just compensation b. regular farmworkers

d. taking of possession of the land by DAR c. season farmworkers

- by payment d. other farmworkers

- by absence of reply e. actual tillers

e. request by DAR to the RoD to issue TCT to RP f. cooperatives of above beneficiares

f. distribution of land to beneficiaries g. other directly working on the land

2 Notices for validity of implementation Qualificatoins

1. notice of acquisition -section 16 CARL a. Filipino Citizen

2. notice of coverage -DAR order 12, series 1989 b. Resident

When ownership is transferred to state? c. 15 years old at the time of identificat ion

- Only upon full payment d. willing, able to cultivate and make land productive
Section 24 -Award to Beneficiaries Section 65 - Conversion of lands

- Only upon full payment of just compensation to land Conversion - changing the current use of a agricultural land to
owner can be transferred to beneficiaries some other use

Dar Issues CLOA - Automatically changes its use

- Issues CLOA only upon full payment of AMORTIZATION Reclassification – specfying how agricultural lands shall be utilized
by the FARMER-BENEFICIARY for non-agricultural uses
- CLOA – basis for issuance in his name( beneficiary) TCT
- CLOA indefeasible after 1 year from its registration - Not automatically changes its use

Cancellation of CLOA Scope of DAR’s Conversion authority

- Abandonment of land - All reclasified lands before june 15, 1998 does not
- Neglect or misuse require conversions clearance
- Failure to pay 3 annual amortizations - Authority to approve or disapprove conversions
- Misuse of financial and support services exercised after effectivity of RA no. 6657 june 15 1988
- Sale, transfer of right to use the land
- Illegal conversion of land Who can apply for Conversion

OBLIGATIONS of Beneficiaries - Beneficiary


- Landowner with respect to his retained area which is
1. exercise due diligence in the use of land tenanted

2. pay the Land Bank 30 annual amortizations When to apply for application for conversion

Section 27 - Transferability of Awarded Land - After 5 years from the award of land

- Cannot sell or transfer within 10 years Conditions for Conversion


- Only to the following may sell or transfer
- Land ceases its purpose for agriculutral use
a. hereditary successions - When it will have greater economic value other than
agriculutral use
b. to the Government

c. Land Bank of the Philippines

d. other qualified beneficiaries

Section 43 - PARC

-council is the highest policy-making body in implementing


agrarian reform laws and dealing with issues under the coverage
of the Comprehensive Agrarian Reform Program (CARP)

Section 44 - PARCCOM

-coordinate and monitor the implementation of CARP in the


province

Section 45 - province by province implementation

- Takes into accounts the peculiarities and needs of each


place, kind of crops need or suited, land distribution or
other factors prevalent in the area
Section 3 – Defenition of Terms

Agrarian reform - redistribution of lands, regardless of crops or


fruits produced to farmers and regular farmworkers

Agriculture, Agricultural Activity – Cultivation of the soil, planting


of crops, growing of trees, harvesting of such farm

Agricultural land- land devoted to agricultural activity, not


classified as mineral, forest, residential, commercial, industrial

Agrarian Dispute- cotroversy relating to tenurial arrangements


over lands devoted to agricultural land

Idle or abandonned land – any agricultural land not cultivated,


tilled or developed to produce any crop for a period of 3 years

- Except those due to force majeure

Farmer – a natural person whose primary liveliehood is cultivation


of land or the production of agricultural crops, livestock or
fisheries

Farmworker – natural person who renders services for value as an


employee laborer in agricultural enterprise

Regular farmworker - employed on regular basis by agricultural


enterprise

Seasonal farmworker - employed on periodice bais by


agricultural enterprise

Other Farmworker- farmwoker who does not fall within the


ambit of farmworker, regular or seasonal.