Agrarian Law Reviewer

Reviewer in Agrarian Law 2014 Caliwan

Social Justice

1.1As described by Justice Jose P. Laurel in Calalang v. Williams G.R. No. 47800

December 2, 1940

Social justice is “neither communism, nor despotism, nor atomism, nor anarchy,” but the

humanization of laws and the equalization of social and economic forces by the State so that

justice in its rational and objectively secular conception may at least be approximated. Social

justice means the promotion of the welfare of all the people, the adoption by the Government of

measures calculated to insure economic stability of all the competent elements of society,

through the maintenance of a proper economic and social equilibrium in the interrelations of the

members of the community, constitutionally, through the adoption of measures legally

justifiable, or extra-constitutionally, through the exercise of powers underlying the existence of

all governments on the time-honored principle of salus populi est suprema lex. Social justice,

therefore, must be founded on the recognition of the necessity of interdependence among divers

and diverse units of a society and of the protection that should be equally and evenly extended to

all groups as a combined force in our social and economic life, consistent with the fundamental

and paramount objective of the state of promoting the health, comfort, and quiet of all persons,

and of bringing about “the greatest good to the greatest number.”

1.2 As cited by Justice Regalado in the case of Philippine Airlines,Inc vs. Santos Jr.

“Under the policy of social justice, the law bends over backward to accommodate the

interests of the working class on the humane justification that those with less privileges in

life should have more privileges in law.”

1.3 As explained by Justice Isagani Cruz, Sosito vs. Aguinaldo Development Corp. 156 SCRA 392

“While the Constitution is committed to the policy of social justice and the protection of the

working class, it should not be supposed that every labor dispute will be automatically

decided in favor of labor. Management also has its own rights which, as such, are entitled to

respect and enforcement in the interest of simple fair play. Out of its concern for those with

less privileges in life, this Court has inclined more often than not toward the worker and

upheld his cause in his conflicts with the employer. Such favoritism, however, has not

blinded us to the rule that justice is in every case for the deserving, to be dispensed in the

light of the established facts and the applicable law and doctrine.”


1.4 As cited by Justice Fernando in the case Ondoy vs. Ignacio 97 SCRA 611

'As between a laborer, usually poor and unlettered, and the employer, who has resources to

secure able legal advice, the law has reason to demand from the latter stricter compliance.

Social justice in these cases is not equality but protection.'

1.5 As cited by Justice Bidin in Caleon vs. Agus Development Corporation 207 SCRA 748

“Social justice cannot be invoked to trample on the rights of property owners, who under

our Constitution and laws are also entitled to protection. The social justice consecrated in

our Constitution was not intended to take away rights from a person and give them to

another who is not entitled thereto.”

1.6 As Cited by Justice Francisco in Galay vs. CA 250 SCRA 629

"the policy of social justice is not intended to countenance wrongdoing simply because it

is committed by the underprivileged. At best it may mitigate the penalty but it certainly

will not condone the offense. Compassion for the poor is an imperative of every humane

society but only when the recipient is not a rascal claiming an undeserved privilege."

THE COMPREHENSIVE AGRARIAN REFORM LAW1

Republic Act No. 6657, as amended by RA 9700

I. Introduction

A. Constitutional Basis

1. Article II, Section 21: The State shall promote comprehensive rural development and

agrarian reform.

2. Article XII, Section 1: x x x The State shall promote industrialization and full

employment based on sound agricultural development and agrarian reform, x x x

3. Article XIII, Section 3: x x x The State shall regulate the relations between workers and

employers, recognizing the right of labor to its just share in the fruits of production and

the right of enterprises to reasonable returns on investments, and to expansion and

growth.

1 Following the notes created by Atty. Ferdinand M. Casis


4. Article XIII, Section 4: The State shall, by law, undertake an agrarian reform program

founded on the rights of farmers and regular farmworkers, who are landless, to own

directly or collectively the lands they till or, in the case of other farmworkers, to receive a

just share of the fruits thereof. To this end, the State shall encourage and undertake the

just distribution of all agricultural lands, subject to such priorities and reasonable reten-

tion limits as the Congress may prescribe, taking into account ecological, developmental,

or equity considerations, and subject to the payment of just compensation. In

determining retention limits, the State shall respect the right of small landowners. The

State shall further provide incentives for voluntary land-sharing.

5. Article XIII, Section 5: The State shall recognize the rights of farmers, farmworkers,

and landowners, as well as cooperatives, and other independent farmers' organizations to

participate in the planning, organization, and management of the program, and shall

provide support to agriculture through appropriate technology and research, and adequate

financial, production, marketing, and other support services.

6. Article XIII, Section 6: The State shall apply the principles of agrarian reform or

stewardship, whenever applicable in accordance with law, in the disposition or utilization

of other natural resources, including lands of the public domain under lease or concession

suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the

rights of indigenous communities to their ancestral lands.

The State may resettle landless farmers and farmworkers in its own agriculture estates

which shall be distributed to them in the manner provided by law.

7. Article XIII, Section 8: The State shall provide incentives to landowners to invest the

proceeds of the agrarian reform program to promote industrialization, employment creat-

ing, and privatization of public sector enterprises. Financial instruments used as payment

for their lands shall be honored as equity in enterprises of their choice.

B. Declaration of Principles and Policies [Section 2]

It is the policy of the State to pursue a Comprehensive Agrarian Reform Program

(CARP). The welfare of the landless farmers and farmworkers will receive the highest

consideration to promote social justice and to move the nation toward sound rural

development and industrialization, and the establishment of owner cultivatorship of

economic-size farms as the basis of Philippine agriculture.

The State shall promote industrialization and full employment based on sound

agricultural development and agrarian reform, through industries that make full and efficient

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, tillers' 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 agricultural land to be divided and

distributed to each farmer and regular farmworker so that each one can own his/her

economic-size family farm. This being the case, a meaningful agrarian reform program to

uplift the lives and economic status of the farmer and his/her children can only be achieved

through simultaneous industrialization aimed at developing a self-reliant and independent

national economy effectively controlled by Filipinos.

To this end, the State 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 compensation, retention rights under Section 6 of Republic Act No. 6657,

as amended, and to the ecological needs of the nation, shall be undertaken to provide farmers

and farmworkers with the opportunity to enhance their dignity and improve the quality 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 other

farmworkers, to receive a just share of the fruits thereof. To this end, the State shall

encourage and undertake the just distribution of all 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

respect the right 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, farmworkers and landowners, as well as

cooperatives and other independent farmers' organizations, to participate in the planning,

organization, and management of the program, and shall provide support to agriculture

through appropriate technology and research, and adequate financial, production, 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, to receive a just share of the fruits thereof, and to

be represented in advisory or appropriate decision-making bodies. These rights 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 law, in the disposition or utilization of other natural resources,

including lands of the public domain, under lease or concession, suitable to agriculture,

subject to prior rights, homestead rights of small settlers and the rights of indigenous

communities to their ancestral lands.

The State may resettle landless farmers and farm workers 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 family farms to be constituted by individual beneficiaries and

small landowners.

The State shall protect the rights of subsistence fishermen, 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 grounds of subsistence fishermen against foreign intrusion. Fishworkers

shall receive a just share from their labor in the utilization of marine and fishing resources.

The State shall be guided by the principles that land has a social function and land

ownership has a social responsibility. 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 negotiability 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 crops especially those

for exports subject to the prior rights of the beneficiaries under this Act.


C. Definition of Agrarian Reform

1. Agrarian Reform means the redistribution of lands, regardless of crops or fruits produced,

to farmers and regular farmworkers who are landless, irrespective of tenurial arrange-

ment, to include the totality of factors and support services designed to lift the economic

status of the beneficiaries and all other arrangement alternative to the physical redistribu-

tion of lands, such as production or profit-sharing, labor administration, and the distribu-

tion of stock, which will allow beneficiaries to receive a just share of the fruits of the

lands they work. [Section 3(a) of RA 6657]

2. Distinguished from Land Reform

* Land Reform is the physical redistribution of land such as the program under

Presidential Decree No. 27. Agrarian reform means the redistribution of lands

including the totality of factors and support services designed to lift the economic

status of the beneficiaries. Thus, agrarian reform is broader than land reform.

D. RA 6657 is Constitutional

In the case of Association of Small Landowners in the Philippines, Inc. v. Secretary of

Agrarian Reform,2 the Supreme Court held:

2 175 SCRA 343.

"The case before us presents no knotty complication insofar as the question of

compensable taking is concerned. To the extent that the measures under challenge merely

prescribe retention limits for landowners, there is an exercise of the police power for the

regulation of private property in accordance with the Constitution. But where, to carry out

such regulation, it becomes necessary to deprive such owners of whatever lands they may

own in excess of the maximum area allowed, there is definitely a taking under the power of

eminent domain for which payment of just compensation is imperative. The taking contem-

plated is not a mere limitation of the use of the land. What is required is the surrender of the

title to and the physical possession of the said excess and all beneficial rights accruing to the

owner in favor of the farmer-beneficiary. This is definitely an exercise not of the police

power but of the power of eminent domain.


"Classification has been defined as the grouping of persons or things similar to each other

in certain particulars and different from each other in these same particulars. To be valid, it

must conform to the following requirements: (1) it must be based on substantial distinctions;

(2) it must be germane to the purpose of the law; (3) it must not be limited to existing

conditions only; and (4) it must apply equally to all the members of the class. The Court

finds that all these requisites have been met by the measures here challenged as arbitrary and

discriminatory.

"Equal protection simply means that all persons or things similarly situated must be

treated alike both as to the rights conferred and the liabilities imposed. The petitioner have

not shown that they belong to a different class and entitled to a different treatment. The

argument that not only landowners but also owners of other properties must be made to share

the burden of implementing land reform must be rejected. There is a substantial distinction

between these two classes of owners that is clearly visible except to those who will not see.

There is no need to elaborate on this matter. In any event, the Congress is allowed a wide

leeway in providing for a valid classification. Its decision is accorded recognition and

respect by the courts of justice except only where its discretion is abused to the detriment of

the Bill of Rights.

"It is worth remarking at this juncture that a statute may be sustained under the police

power only if there is a concurrence of the lawful subject and the lawful method. Put

otherwise, the interests of the public generally as distinguished from those of a particular

class require the interference of the State and, no less important, the means employed are

reasonably necessary for the attainment of the purpose sought to be achieved and not unduly

oppressive upon individuals. As the subject and purpose of agrarian reform have been laid

down by the Constitution itself, we may say that the first requirement has been satisfied.

What remains to be examined is the validity of the method employed to achieve the Constitu-

tional goal.

"Eminent domain is an inherent power of the State that enable it to forcibly acquire

private lands intended for public use upon payment of just compensation to the owner.

Obviously, there is no need to expropriate where the owner is willing to sell under terms also

acceptable to the purchaser, in which case an ordinary deed of sale may be agreed upon by

the parties. It is only where the owner is unwilling to sell, or cannot accept the price or other

conditions offered by the vendee, that the power of eminent domain will come into play to

assert the paramount authority of the State over the interest of the property owner. Private

rights must then yield to the irresistible demands of the public interest on the time-honored

justification, as in the case of the police power, that the welfare of the people is the supreme

law.


"But for all its primacy and urgency, the power of expropriation is by no means absolute

(as indeed no power is absolute). The limitation is found in the constitutional injunction that

"private property shall not be taken for public use without just compensation" and in the

abundant jurisprudence that has evolved from the interpretation of this principle. Basically,

the requirements for a proper exercise of the power are: (1) public use and (2) just

compensation.

"[T]he determination of just compensation is a function addressed to the courts of justice

and may not be usurped by any other branch or official of the government. EPZA v. Dulay

resolved a challenge to several decrees promulgated by President Marcos providing that the

just compensation for property under expropriation should be either the assessment of the

property by the government or the sworn valuation thereof by the owner, whichever was

lower.

"With these assumptions, the Court hereby declares that the content and manner of the

just compensation provided for in the afore-quoted Section 18 of the CARP Law is not viola-

tive of the Constitution. We do not mind admitting that a certain degree of pragmatism has

influenced our decision on this issue, but after all this Court is not a cloistered institution re-

moved from the realities and demands of society or oblivious to the need for its

enhancement. The Court is as acutely anxious as the rest of our people to see the goal of

agrarian reform achieved at last after the frustrations and deprivations of our peasant masses

during all these disappointing decades. We are aware that invalidation of said section will

result in the nullification of the entire program, killing the farmer's hopes even as they

approach realization and resurrecting the specter of discontent and dissent in the restless

countryside. That is not in our view the intention of the Constitution, and that is not what we

shall decree today.

"Accepting the theory that payment of the just compensation is not always required to be

made fully in money, we find further that the proportion of cash payment to the other things

of value constituting the total payment, as determined on the basis of the areas of the lands

expropriated, is not unduly oppressive upon the landowner. It is noted that the smaller the

land, the bigger the payment in money, primarily because the small landowner will be

needing it more than the big landowner, who can afford a bigger balance in bonds and other

things of value. No less importantly, the government financial instruments making up the

balance of the payment are "negotiable at any time." The other modes, which are likewise

available to the landowner at his option, are also not unreasonable because payment is made

in shares of stock, LBP bonds, other properties or assets, tax credits, and other things of

value equivalent to the amount of just compensation."


II. Scope

A. Lands Covered

1. The Comprehensive Agrarian Reform Law of 1988 shall cover, regardless of tenurial

arrangement and commodity produced, ALL PUBLIC AND PRIVATE AGRICUL-

TURAL LANDS as provided in Proclamation No. 131 and Executive Order No. 229,

including other lands of the public domain suitable for agriculture: Provided, That

landholdings of landowners with a total area of five (5) hectares and below shall not be

covered for acquisition and distribution to qualified beneficiaries. [Section 4]

a. Agricultural land refers to land devoted to agricultural activity and not classified as

mineral, forest, residential, commercial or industrial land [Section 3(c)].

b. Agricultural activity means the cultivation of the soil, planting of crops, growing of

fruit trees, raising of fish, including the harvesting of such farm products, and other

farm activities and practices performed by a farmer in conjunction with such farming

operations done by persons whether natural or juridical [Section 3(b)].

2. Specifically, the following lands are covered by the Comprehensive Agrarian Reform

Program:

a. All alienable and disposable lands of the public domain devoted to or suitable for

agriculture. No reclassification of forest or mineral lands to agricultural lands shall be

undertaken after the approval of this Act until Congress, taking into account

ecological, developmental and equity considerations, shall have determined by law,

the specific limits of the public domain;

b. All lands of the public domain in excess of the specific limits as determined by

Congress in the preceding paragraph;

c. All other lands owned by the Government devoted to or suitable for agriculture; and

d. All private lands devoted to or suitable for agriculture regardless of the agricultural

products raised or that can be raised thereon.

B. Exclusions from the Coverage of CARL


1. Under Section 103, excluded from the coverage of the CARL are lands actually, directly

and exclusively used for:

a. Parks;

b. Wildlife;

c. Forest reserves;

d. Reforestation;

e. Fish sanctuaries and breeding grounds;

f. Watersheds and mangroves.

2. Private lands actually, directly and exclusively used for prawn farms and fishponds shall

be exempt from the coverage of this Act: Provided, That said prawn farms and

fishponds have not been distributed and Certificate of Land Ownership Award

(CLOA) issued to agrarian reform beneficiaries under the Comprehensive Agrarian

Reform Program.

In cases where the fishponds or prawn farms have been subjected to the Comprehensive

Agrarian Reform Law, by voluntary offer to sell, or commercial farms deferment or

notices of compulsory acquisition, a simple and absolute majority of the actual regular

workers or tenants must consent to the exemption within one (1) year from the effectivity

of this Act. When the workers or tenants do not agree to this exemption, the fishponds or

prawn farms shall be distributed collectively to the worker-beneficiaries or tenants who

shall form a cooperative or association to manage the same.

3. Likewise, execluded from the coverage the CARL are lands actually, directly and

exclusively used and found to be necessary for:

a. National defense;

b. School sites and campuses including experimental farm stations operated by public or

private schools for educational purposes;

c. Seeds and seedling research and pilot production center;

d. Church sites and convents appurtenant thereto;

e. Mosque sites and Islamic centers appurtenant thereto;

f. Communal burial grounds and cemeteries;

g. Penal colonies and penal farms actually worked by the inmates; and

h. Government and private research and quarantine centers.

4. All lands with eighteen percent (18%) slope and over which are not developed for

3As amended by Republic Act No. 7881.


agriculture are exempted from the coverage of CARL.

* An eighteen percent slope is not equivalent to an eighteen degree angle. Eighteen

percent slope is obtained by having a 100 meter run and an 18 meter rise.

5. In the case of Luz Farms v. Secretary of Agrarian Reform,4 the Supreme Court has

excluded agricultural Lands Devoted to Commercial Livestock, Poultry and Swine

Raising from the coverage of CARL.

The Supreme Court said:

"The transcripts of the deliberations of the Constitutional Commission of 1986 on the

meaning of the word "agricultural," clearly show that it was never the intention of the

framers of the Constitution to include livestock and poultry industry in the coverage of

the constitutionally-mandated agrarian reform program of the Government.

"The Committee adopted the definition of "agricultural land" as defined under

Section 166 of RA 3844, as lands devoted to any growth, including but not limited to

crop lands, saltbeds, fishponds, idle and abandoned land (Record, CONCOM, August 7,

1986, Vol. III, p. 11).

"The intention of the Committee is to limit the application of the word "agriculture."

Commissioner Jamir proposed to insert the word "ARABLE" to distinguish this kind of

agricultural land from such lands as commercial and industrial lands and residential

properties because all of them fall under the general classification of the word "agricul-

tural." This proposal, however, was not considered because the Committee contemplated

that agricultural lands are limited to arable and suitable agricultural lands and therefore,

do not include commercial, industrial and residential lands (Record, CONCOM, August

7, 1986, Vol. III, p. 30).

"In the interpellation, then Commissioner Regalado (now a Supreme Court Justice),

posed several questions, among others, quoted as follows:

xxx xxx xxx

"Line 19 refers to genuine reform program founded on the primary right of farmers

and farmworkers. I wonder if it means that leasehold tenancy is thereby proscribed

under this provision because it speaks of the primary right of farmers and farm-

4 192 SCRA 51.


workers to own directly or collectively the lands they till. As also mentioned by

Commissioner Tadeo, farmworkers include those who work in piggeries and poultry

projects.

I was wondering whether I am wrong in my appreciation that if somebody puts up

a piggery or a poultry project and for that purpose hires farmworkers therein, these

farmworkers will automatically have the right to own eventually, directly or

ultimately or collectively, the land on which the piggeries and poultry projects were

constructed. (Record, CONCOM, August 2, 1986, p. 618).

xxx xxx xxx"

"The question were answered and explained in the statement of the then

Commissioner Tadeo, quoted as follows:

xxx xxx xxx

"Sa pangalawang katanungan ng Ginoo ay medyo hindi kami nagkaunawaan.

Ipinaaalam ko kay Commissioner Regalado na hindi namin inilagay ang agricultural

worker sa kadahilanang kasama rito ang piggery, poultry at livestock workers. Ang

inilagay namin dito ay farm worker kaya hindi kasama ang piggery, poultry at

livestock workers (Record, CONCOM, August , 1986, Vol. II, p. 621).

"It is evident from the foregoing discussion that Section 11 of RA 6657 which

includes "private agricultural lands devoted to commercial livestock, poultry and swine

raising" in the definition of "commercial farms" is invalid, to the extent that the

aforecited agro-industrial activities are made to be covered by the agrarian reform

program of the State. There is simply no reason to include livestock and poultry lands int

he coverage of agrarian reform. (Rollo, p. 21).

"PREMISES CONSIDERED, the instant petition is hereby GRANTED. Sections

3(b), 11, 13 and 32 of R.A. No. 6657 insofar as the inclusion of raising of livestock,

poultry and swine in its coverage as well as the Implementing Rules and Guidelines

promulgated in accordance therewith, are hereby DECLARED null and void for being

unconstitutional and the writ of preliminary injunction issued is hereby MADE

permanent."

III. Schedule of Implementation

A. Period for Implementation [Section 5]


1. The DAR, in coordination with the Presidential Agrarian Reform Council (PARC) shall

plan and program the final acquisition and distribution of all remaining unacquired and

undistributed agricultural lands from the effectivity of this Act until June 30, 2014.

B. Priorities [Section 7]

1. Guiding Principle: In effecting the transfer, priority must be given to lands that are

tenanted.

2. Factors to consider in the Implementation

a. Need to distribute lands to the tillers at the earliest practical time;

b. Need to enhance agricultural productivity; and

c. Availability of funds and resources to implement and support the program

3. Phases of Implementation

Phase One: During the five (5)-year extension period hereafter all remaining lands above

fifty (50) hectares shall be covered for purposes of agrarian reform upon the effectivity of

this Act. All private agricultural lands of landowners with aggregate landholdings in excess

of fifty (50) hectares which have already been subjected to a notice of coverage issued on or

before December 10, 2008; rice and corn lands under Presidential Decree No. 27; all idle or

abandoned lands; all private lands voluntarily offered by the owners for agrarian reform:

Provided, That with respect to voluntary land transfer, only those submitted by June 30, 2009

shall be allowed: Provided, further, That after June 30, 2009, the modes of acquisition shall

be limited to voluntary offer to sell and compulsory acquisition: Provided, furthermore, That

all previously acquired lands wherein valuation is subject to challenge by landowners shall be

completed and finally resolved pursuant to Section 17 of Republic Act No. 6657, as

amended: Provided, finally, as mandated by the Constitution, Republic Act No. 6657, as

amended, and Republic Act No. 3844,as amended, only farmers (tenants or lessees) and

regular farmworkers actually tilling the lands, as certified under oath by the Barangay

Agrarian Reform Council (BARC) and attested under oath by the landowners, are the

qualified beneficiaries. The intended beneficiary shall state under oath before the judge of the

city or municipal court that he/she is willing to work on the land to make it productive and to

assume the obligation of paying the amortization for the compensation of the land and the

land taxes thereon; all lands foreclosed by government financial institutions; all lands

acquired by the Presidential Commission on Good Government (PCGG); and all other lands

owned by the government devoted to or suitable for agriculture, which shall be acquired and

distributed immediately upon the effectivity of this Act, with the implementation to be


completed by June 30, 2012.

Phase Two: (a) Lands twenty-four (24) hectares up to fifty (50) hectares shall likewise be

covered for purposes of agrarian reform upon the effectivity of this Act. All alienable and

disposable public agricultural lands; all arable public agricultural lands under agro-forest,

pasture and agricultural leases already cultivated and planted to crops in accordance with

Section 6, Article XIII of the Constitution; all public agricultural lands which are to be

opened for new development and resettlement: and all private agricultural lands of

landowners with aggregate landholdings above twenty-four (24) hectares up to fifty (50)

hectares which have already been subjected to a notice of coverage issued on or before

December 1O, 2008, to implement principally the rights of farmers and regular farmworkers,

who are landless, to own directly or collectively the lands they till, which shall be distributed

immediately upon the effectivity of this Act, with the implementation to be completed by

June 30, 2012; and

(b) All remaining private agricultural lands of landowners with aggregate landholdings in

excess of twenty-four (24) hectares, regardless as to whether these have been subjected to

notices of coverage or not, with the implementation to begin on July 1, 2012 and to be

completed by June 30, 2013

Phase Three: All other private agricultural lands commencing with large landholdings

and proceeding to medium and small landholdings under the following schedule:

(a) Lands of landowners with aggregate landholdings above ten (10) hectares up to twenty-

four (24)hectares, insofar as the excess hectarage above ten (10) hectares is concerned, to

begin on July 1,2012 and to be completed by June 30, 2013; and

(b) Lands of landowners with aggregate landholdings from the retention limit up to ten (10)

hectares, to begin on July 1, 2013 and to be completed by June 30, 2014; to implement

principally the right of farmers and regular farmworkers who are landless, to own directly

or collectively the lands they till.

The schedule of acquisition and redistribution of all agricultural lands covered by this

program shall be made in accordance with the above order of priority, which shall be

provided in the implementing rules to be prepared by the PARC, taking into consideration

the following: the landholdings wherein the farmers are organized and understand ,the

meaning and obligations of farmland ownership; the distribution of lands to the tillers at the

earliest practicable time; the enhancement of agricultural productivity; and the availability of

funds and resources to implement and support the program: Provided, That the PARC shall

design and conduct seminars, symposia, information campaigns, and other similar programs

for farmers who are not organized or not covered by any landholdings. Completion by these


farmers of the aforementioned seminars, symposia, and other similar programs shall be

encouraged in the implementation of this Act particularly the provisions of this Section.

The PARC shall establish guidelines to implement the above priorities and distribution

scheme, including the determination of who are qualified beneficiaries: Provided, That an

owner-tiller may be a beneficiary of the land he/she does not own but is actually cultivating

to the extent of the difference between the area of the land he/she owns and the award ceiling

of three (3) hectares: Provided, further, That collective ownership by the farmer beneficiaries

shall be subject to Section 25 of Republic Act No. 6657, as amended: Provided, furthermore,

That rural women shall be given the opportunity t o participate in the development planning

and implementation of this Act: Provided, finally, That in no case should the agrarian reform

beneficiaries' sex, economic, religious, social, cultural and political attributes adversely affect

the distribution of lands.

C. Exceptions from the Implementation Phases

1. Land acquisition and distribution shall be completed by June 30, 2014 on a province-by-

province basis. In any case, the PARC or the PARC Executive Committee (PARC

EXCOM), upon recommendation by the Provincial Agrarian Reform Coordinating

Committee (PARCCOM), may declare certain provinces as priority land reform areas, in

which case the acquisition and distribution of private agricultural lands therein under

advanced phases may be implemented ahead of the above schedules on the condition that

prior phases in these provinces have been completed: Provided, That notwithstanding the

above schedules, phase three (b) shall not be implemented in a particular province until at

least ninety percent (90%) of the provincial balance of that particular province as of

January 1, 2009 under Phase One, Phase Two (a), Phase Two (b),,and Phase Three (a),

excluding lands under the jurisdiction of the Department of Environment and Natural

Resources (DENR), have been successfully completed. PARC, upon recommendation of

the Provincial Agrarian Reform Coordinating Committee (PARCCOM), may declare

certain provinces or regions as priority land reform areas, in which case the acquisition

and distribution of private agricultural lands therein may be implemented ahead of

schedule. [Section 7]

2. The PARC may suspend the implementation of CARL with respect to ancestral lands for

purpose of identifying and delineating such lands. [Section 9]


IV. Improvement of Tenurial and Labor Relations

A. Leasehold Tenancy

1. Tenancy in General

a. Definition: Agricultural tenancy is the physical possession by a person of land devot-

ed to agriculture, belonging to or legally possessed by another for the purpose of pro-

duction through the labor of the former and of the members of his immediate farm

household in consideration of which the former agrees to share the harvest with the

latter or to pay a price certain or ascertainable, either in produce or in money, or in

both [Section 3 of RA 1199, Guerrero v. CA5]

b. Types of Tenancy Relation

i. Sharehold Tenancy; and

ii. Leasehold Tenancy

2. Leasehold vs. Sharehold Tenancy

5 142 SCRA 136.


* The two tenancy systems are distinct and different form each other. In sharehold, the

tenant may choose to shoulder, in addition to labor, any one or more of the items of

contributions (such as farm implements, work animals, final harrowing,

transplanting), while in leasehold, the tenant or lessee always shoulders all items of

production except the land. Under the sharehold system, the tenant and the

landholder are co-managers, whereas in leasehold, the tenant is the sole manager of

the farmholding. Finally, in sharehold tenancy, the tenant and the landholder divide

the harvest in proportion to their contributions, while in leasehold tenancy, the tenant

or lessee gets the whole produce with the mere obligation to pay a fixed rental.

[People v. Adillo6]

Sharehold

Leasehold

Expenses of Production

Tenant and Landowner

Tenant

Management

Tenant and Landowner

Tenant

Payment

Tenant and landowner

divide the harvest in

proportion to their

contributions.

Tenant gets the whole

produce with the mere

obligation to pay rent.

3. Leasehold vs. Civil Lease

* There are important differences between a leasehold tenancy and a civil law lease. The

subject matter of leasehold tenancy is limited to agricultural lands; that of civil law lease

may be either rural or urban property. As to attention and cultivation, the law requires

the leasehold tenant to personally attend to, and cultivate the agricultural land, whereas

the civil law lessee need not personally cultivate or work the thing leased. As to purpose,

the landholding in leasehold tenancy is devoted to agriculture, whereas in civil law lease,

the purpose may be for any other lawful pursuit. As to the law that governs, the civil law

lease is governed by the Civil Code, whereas leasehold tenancy is governed by special

laws. [Gabriel v. Pangilinan7]

6 68 SCRA 90.

7 58 SCRA 590.


Leasehold Tenancy Civil Law Lease Subject Matter

Agricultural lands only

Both rural and urban prop-

erties Attention and Cultivation

Tenant must personally

cultivate

Lessee does not have to

personally cultivate Purpose

Agriculture only

Any lawful purpose

Governing Law

Special laws

Civil Code

4. Purpose of the Leasehold Relation: To protect and improve the tenurial and economic

status of the farmers in tenanted lands. [Section 12]

5. Application [Section 12]

a. Tenanted lands under the retention limit; and

b. Tenanted lands not yet acquired under the CARL

B. Production Sharing Plan

1. Application [Section 13]

a. Any enterprise adopting the scheme provided for in Section 32;

b. Any enterprise operating under a production venture, lease, management contract or

other similar arrangement;

c. Any farm covered by Section 8 (Private agricultural lands leased by Multinational

corporations) and Section 11 (Commercial farming); and

d. Corporate farms pending final land transfer.

2. Period for Compliance: Within ninety (90) days from effectivity of CARL

3. Scheme (Applies to those individuals or enterprises realizing gross sales in excess of

five million pesos per annum, unless the DAR sets a lower ceiling) [Section 32]

a. Three percent (3%) of the gross sales from the production of such lands;

b. Distributed within sixty (60) days of the end of the fiscal year;

c. Treated as additional compensation to regular and other farmworkers of such lands;

d. During the transitory period (before the land is turned over to the farmworker-


beneficiaries), at least one percent (1%) of the gross sales shall be distributed to the

managerial, supervisory and technical group; and

e. If profit is realized, an additional ten percent (10%) of the net profit after tax shall be

distributed to the regular and other farmworkers within ninety (90) days of the end of

the fiscal year.

V. Registration

A. Within 180 days from the effectivity of CARL, landowners, natural or juridical, shall file a

sworn statement in the assessor's office the following information:

a. the description and area of the property;

b. the average gross income from the property for at least 3 years;

c. the names of all tenants and farmworkers therein;

d. the crops planted in the property and the area covered by the crop as of June 1, 1987;

e. the terms of mortgages, leases and management contracts subsisting as of June 1, 1987;

and

f. the latest declared market value of the land as determined by the city or provincial asses-

sor. (Section 14)

B. The DAR, in coordination with the Barangay Agrarian Reform Committee (BARC) shall

register all agricultural lessees, tenants and farmworkers who are qualifies to be beneficiaries

under the CARL. These potential beneficiaries shall provide the following data:

a. names and members of their immediate farm household;

b. owners and administrators of the lands they work on and the length of tenurial relation-

ship;

c. location and area of the land they work;

d. crops planted; and

e. their share in the harvest or amount of rental paid or wages received.

VI. Private Land Acquisition

A. Retention Limit [Section 6]


1. Five hectares is the retention limit. No person may own or retain, directly or indirectly,

any public or private agricultural land, the size of which shall vary according to factors

governing a viable family-sized farm, such as commodity produced, terrain,

infrastructure, and soil fertility as determined by the Presidential Agrarian Reform

Council (PARC), but in no case shall the retention limit exceed five (5) hectares.

2. Additional three hectares may be awarded to each child, subject to the following

qualifications:

a. That the child is at least fifteen (15) years of age; and

b. That the child is actually tilling the land or directly managing the farm.

3. Exceptions to the retention limit of five hectares.

a. Landowners whose lands have been covered by PD 27; and

b. Original homestead grantees or direct compulsory heirs who still own the original

homestead at the time of the approval of CARL, as long as they continue to cultivate

said homestead.

C. Provincial, city and municipal government ,units acquiring private agricultural lands

by expropriation or other modes of acquisition to be used for actual, direct and

exclusive public purposes, such as roads and bridges, public markets, school sites,

resettlement sites, local government facilities, public parks and barangay plazas or

squares, consistent with the approved local comprehensive land use plan, shall not be

subject to the five (5)-hectare retention limit under this Section and Sections 70 and

73(a) of Republic Act No. 6657, as amended: Provided, That lands subject to CARP

shall first undergo the land acquisition and distribution process of the program:

Provided, further, That when these lands have been subjected to expropriation, the

agrarian reform beneficiaries therein shall be paid just compensation [Section 6-A].

4. Right to choose the area to be retained.

The right to choose the area to be retained, which shall be compact or contiguous,

shall pertain to the landowner. If the land retained is tenanted, the tenant shall have the

option to choose whether to remain therein or be a beneficiary in the same or another

agricultural land. In case the tenant chooses to remain in the retained area, he shall be

considered a leaseholder and shall lose his right to be a beneficiary under this Act. In

case the tenant chooses to be a beneficiary in another agricultural land, he loses his right

as a leaseholder to the land retained by the landowner. The tenant must exercise this

option within a period of one (1) year from the time the landowner manifest his choice of

the area for retention.


B. Procedure

1. Voluntary Land Transfer (VLT) [Section 20]

a. Must be submitted to the DAR within one year from effectivity of the CARl;

b. Must not be less favorable to the transferee than those of the government's standing ;

and

c. Shall include sanctions for non-compliance by either party and shall be duly recorded

and its implementation monitored by the DAR.

D. Only those submitted by June 30, 2009 shall be allowed.

2. Compulsory Acquisition [Section 16]

a. Notice to acquire the land shall be sent to the landowner and the beneficiaries. The

notice shall also be posted in a conspicuous place in the municipal building and the

barangay hall of the place where the property is located.

b. Within thirty (30) days from receipt of the written notice, the landowner shall inform

the DAR of his acceptance or rejection of the offer.

c. If the offer is accepted, the LBP pays the landowner and within thirty (30) days, the

landowner executes and delivers a deed of transfer to the Government and surrenders

the Certificate of Title and other muniments of title.

d. In case of rejection or failure to reply, the DAR shall conduct summary

administrative proceedings to determine the compensation. If he does concur with

the compensation determined by the DAR, he can the matter to the Courts.

e. Payment of the just compensation as determined by the DAR or the Court.

f. Registration with the Register of Deeds for the issuance of Transfer Certificate of

Title in the name of the Republic of the Philippines.

g. Standing Crops: The landowner shall retain his share of any standing crops

unharvested at the time the DAR shall take possession of the land and shall be given

reasonable time to harvest the same (Section 28).

C. Compensation

1. Determination of Just Compensation.

In determining just compensation, the cost of acquisition of the land, the value of the


standing crop, the current: value of like properties, its nature, actual use and income, the

sworn valuation by the owner, the tax declarations, the assessment made by government

assessors, and seventy percent (70%) of the zonal valuation of the Bureau of Internal

Revenue (BIR), translated into a basic formula by the DAR shall be considered, subject

to the final decision of the proper court. The social and economic benefits contributed by

the farmers and the farmworkers and by the Government t o the property as well as the

nonpayment of taxes or loans secured from any government financing institution on the

said land shall be considered as additional factors to determine its valuation [Section 17].

2. Under EO 405 (1990), Land Bank of the Philippines shall be primarily responsible for

the determination of the land valuation and compensation.

3. Mode of Payment [Section 18]

a. Cash under the following scheme:

i. For lands above 50 hectares : 25%

ii. For lands above 24 and up to 50 : 30%

iii. For lands 24 and below : 35%

* In case of VOS, the landowner shall be entitled to an additional 5% cash pay-

ment. [Section 19]

b. Balance in any of the following:

i. Shares of stock in government-owned or controlled corporations, LBP preferred

shares, physical assets or other qualified investments;

ii. Tax credits which can be used against any tax liability;

iii. Land Bank of the Philippines Bonds which shall have the following features:

* Market interest rates aligned with 91-day treasury bill rates;

* Ten percent (10%) of the face value of the bonds shall mature every year

from the date of issuance until the tenth year; and

* Transferability and negotiability

c. Set-off

* All arrearages in real property taxes, without penalty or interest, shall be

deductible from the compensation to which the owner is entitled. [Section 66]


D. Exemptions from Taxes and Fees

1. Transactions under CARL involving a transfer of ownership, whether from natural or

juridical persons, shall be exempted from taxes arising from capital gains. These

transactions shall also be exempted from the payment of registration fees, and all other

taxes and fees for the conveyance or transfer thereof; Provided, That all arrearages in real

property taxes, without penalty or interest, shall be deducted from the compensation to

which the owner may be entitled. [Section 66]

2. All Registers of Deeds are hereby directed to register, free from payment of all fees and

other charges, patents, titles and documents required for the implementation of CARP.

[Section 67]

VII. Land Redistribution

A. Beneficiaries [Section 22]

Beneficiaries, in their order of priority, are:

1. Agricultural lessees and share tenants;

2. Regular Farmworkers: a natural person who is employed on a permanent basis by an

agricultural enterprise or farm [Section 3(h)];

a. Farmer refers to a natural person whose primary livelihood is cultivation of land or

the production of agricultural crops, livestock and/or fisheries either by

himself/herself, or primarily with the assistance of his/her immediate farm household,

whether the land is owned by him/her, or by another person under a leasehold or

share tenancy agreement or arrangement with the owner thereof [Section 3(f)].

b. Farmworker is a natural person who renders service for value as an employee or

laborer in an agricultural enterprise or farm regardless of whether his compensation is

paid on a daily, weekly, monthly or "pakyaw" basis. It includes an individual whose

work has ceased as a consequence of, or in connection with, a pending agrarian

dispute and who has not obtained a substantially equivalent and regular farm

employment [Section 3(g)].

3. Seasonal farmworkers: a natural person who is employed on a recurrent, periodic or

intermittent basis by an agricultural enterprise or farm, whether as a permanent or an non-


permanent laborer, such as "dumaan", "sacada", and the like [Section 3(i)];

4. Other farmworkers: a farmworker who is not a regular nor a seasonal farmworker

[Section 3(j)];

5. Actual tillers or occupants of public lands;

6. Collective or cooperatives of the above beneficiaries; and

* Cooperatives shall refer to organizations composed primarily of small agricultural

producers, farmers, farmworkers, or other agrarian reform beneficiaries who

voluntarily organize themselves for the purpose of pooling land, human, technolog-

ical, 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 [Section 3(k)].

7. Others directly working on the land.

Before any award is given to a farmer, the qualified children of the landowner must

receive their three hectare award.

Rural women refer to women who are engaged directly or indirectly in farming and/or

fishing as their source of livelihood, whether paid or unpaid, regular or seasonal, or in food

preparation, managing the household, caring for the children, and other similar activities

[Section 3(l)].

B. Disqualifications of Beneficiaries [Section 22]

1. Beneficiaries under Presidential Decree No. 27 who have culpably sold, disposed of, or

abandoned their land;

2. Beneficiaries guilty of negligence or misuse of the land or any support extended to them;

* The mere fact that the expected quantity of harvest, as visualized and calculated by

agricultural experts, is not actually realized, or that the harvest did not increase, is not

a sufficient basis for concluding that the tenants failed to follow proven farm

practices. [Belmi v. CAR8]

8 7 SCRA 812.


3. Beneficiaries with at least three (3) hectares of agricultural land; and

* Under the CARL, a beneficiary is landless if he owns less than three (3) hectares of

agricultural land. [Section 25]

4. Beneficiaries whose land have been the subject of foreclosure by the Land Bank of the

Philippines. [Section 26]

* Under the CARL, the LBP may foreclose on the mortgage for non-payment of the

beneficiary of an aggregate of three (3) annual amortizations. [Section 26]

C. Awards

1. Emancipation Patents (EPs) are issued for lands covered under Operation Land

Transfer (OLT) of Presidential Decree No. 27.

2. Certificates of Land Ownership Award (CLOAs) are issued for private agricultural

lands and resettlement areas covered under Republic Act No. 6657, otherwise known as

the Comprehensive Agrarian Reform Law of 1988.

3. Free Patents are issued for public agricultural lands.

* Under Section 15 of EO 229 (1987), all alienable and disposable lands of the public

domain suitable for agriculture and outside proclaimed settlements shall be

redistributed by the Department of Environment and Natural Resources (DENR).

4. Certificates of Stewardship Contracts are issued for forest areas under the Integrated

Social Forestry Program.

D. Manner of Payment [Section 26]

1. Lands awarded shall be paid by the beneficiaries to the LBP in thirty (30) annual

amortizations at six percent (6%) interest per annum. The payments for the first three (3)

years after the awards may be at reduced amounts as established by the PARC: Provided,

That the first five (5) annual payments may not be more than five percent (5%) of the

value of the annual gross production as established by the DAR. Should the scheduled

annual payments after the fifth year exceed ten percent (10%) of the annual gross

production and the failure to produce accordingly is not due to the beneficiary's fault, the


LBP may reduce the interest rate or reduce the principal obligation to make the repay-

ment affordable.

2. Payment shall be:

a. Thirty (30) annual amortizations (First 3 years may be at reduced amounts);

b. Six percent (6%) interest per annum; and

c. First five (5) annual payments may not be more than five percent (5%) of the value of

the annual gross production.

E. Ownership Limitations on the Awarded Lands

1. Transferability of Awarded Lands. - Lands acquired by beneficiaries may not be sold,

transferred or conveyed except through hereditary succession, or to the government, or to

the Land Bank of the Philippines, or to other qualified beneficiaries for a period of ten

(10) years. [Section 27]

* If the land is sold to the government or to the LBP, the children or the spouse of the

transferee shall have a right to repurchase within a period of two (2) years.

2. Conversions of Lands. - An application for conversion may be entertained only after the

lapse of five (5) years from the award, when the land ceases to be economically feasible

and sound for agricultural purposes or the locality has become urbanized and the land

will have a greater economic value for residential, commercial or industrial purpose.

[Section 66]

VIII. Corporate Farms

A. Definition

* Corporate farms are farms which are owned or operated by corporations or other business

associations. [Section 29]

B. Distribution


1. Land Transfer (Voluntarily Offer to Sell or Compulsory Acquisition)

a. General rule: Lands shall be distributed directly to the individual farmworker-benefi-

ciaries.

b. Exception: However, if it is not economically feasible and sound to divide the land,

then it shall be owned collectively by the farmworker-beneficiaries through a

workers' cooperative or association. [Section 29]

c. In case the land is transferred to a cooperative or association, the individual members

of the cooperatives shall be provided with homelots and small farmlots for their

family use, to be taken from the land owned by the cooperative. [Section 30]

2. Capital Stock Transfer [Section 31]

a. This is a non-land transfer. Corporations or associations which voluntarily divest a

proportion of their capital stock, equity or participation in favor of their workers or

other qualified beneficiaries shall be deemed to have complied with CARL.

b. Amount to be divested: Corporations owning agricultural lands may give their

qualified beneficiaries the right to repurchase such proportion of the capital stock of

the corporation that the agricultural land, actually devoted to agricultural activities,

bears in relation to the company's total assets.

* Agricultural activity means the cultivation of the soil, planting of crops, growing

of fruit trees, raising of fish, including the harvesting of such farm products, and

other farm activities and practices performed by a farmer in conjunction with

such farming operations done by persons whether natural or juridical [Section

3(b)].

c. Conditions of the Capital Stock Transfer.

i. The books of the corporation shall be subject to periodic audit by certified public

accountants chosen by the beneficiaries;

ii. The beneficiaries shall be assured of at least one (1) representative in the board of

directors, or in a management or executive committee, if one exists;

iii. Any share acquired by the beneficiaries shall have the same rights and features as

all other shares; and

iv. Any transfer of shares of stock by the original beneficiaries shall be void ab initio

unless said transaction is in favor of a qualified and registered beneficiary within

the same corporation.


d. Period for Compliance: If within TWO (2) YEARS from the approval of CARL or

from the approval of the PARC of the plan for stock distribution, the stock transfer is

not made or realized, the agricultural land shall be subject to compulsory coverage of

the CARL.

IX. Support Services

A. General Support and Coordinative Services [Section 35]

1. Irrigation facilities;

2. Infrastructure development and public works projects in areas and settlements that come

under agrarian reform;

3. Government subsidies for the use of irrigation facilities;

4. Price support and guarantee for all agricultural produce;

5. Extending the necessary credit;

6. Promoting, developing and extending financial assistance to small and medium scale

industries in agrarian reform areas;

7. Assigning sufficient numbers of agricultural extension workers to farmers' organizations;

8. Undertaking research, development and dissemination of information on agrarian reform

and low-cost and ecologically sound farm inputs and technologies to minimize reliance

on expensive and imported agricultural inputs;

9. Development of cooperative management through intensive training;

10. Assistance in the identification of ready markets for agricultural produce and training in

other various aspects of marketing; and

11. Administration, operation, management and funding of support service programs and

projects including pilot projects and models related to agrarian reform.

B. Support Services to Beneficiaries [Section 37]

1. Land surveys and titling;

2. Liberalized terms on credit facilities and production loans;

3. Extension services by way of planting, cropping, production and post-harvest technology

transfer, as well as marketing and management assistance and support to cooperatives

and farmers' organizations;

4. Infrastructure such as access trail, mini-dams, public utilities, marketing and storage

facilities; and

5. Research, production and use of organic fertilizers and other local substances necessary


in farming and cultivation.

C. Support Services to Landowners [Section 38]

1. Investment information, financial and counselling assistance;

2. Facilities, programs and schemes for the conversion or exchange of bonds issued for

payment of the lands acquired with stocks and bonds issued by the National Government,

the Central Bank and other government institutions and instrumentalities;

3. Marketing of LBP bonds, as well as promoting the marketability of said bonds in

traditional and non-traditional financial markets and stock exchanges;

4. Other services designed to utilize productively the proceeds of the sale of such lands for

rural industrialization;

5. Incentives granted to a registered enterprise engaged in a pioneer or preferred area of

investment as provided for in the Omnibus Investment Code or granted by the PARC, the

LBP or other government financial institutions for those who invests in rural-based

industries; and

6. Redemption by the LBP of up to thirty percent (30%) of the face value of the its bonds

for landowners who will invest the proceeds of the redemption in a BOI-registered

company or in any agri-business or agro-industrial enterprise in the region where they

have previously made investments.

D. Funding

* At least twenty-five percent (25%) of all appropriations for agrarian reform shall be

immediately set aside and made available for support services. In addition, the DAR

shall be authorized to package proposals and receive grants, aid and other forms of

financial assistance from any source. [Section 36]

X. Special Areas of Concern [Section 40]

A. Subsistence Fishing: Small fisherfolk, including seaweed farmer, shall be assured of greater

access to the utilization of water resources.

B. Logging and Mining Concessions: Subject to the requirement of a balanced ecology and

conservation of water resources, suitable areas in logging, mining and pasture areas, shall be


opened up for agrarian settlements whose beneficiaries shall be required to undertake

reforestation and conservation production methods.

* Certificates of Stewardship Contracts are issued for forest areas under the Integrated

Social Forestry Program.

C. Sparsely Occupied Public Agricultural Lands: Sparsely occupied agricultural lands of the

public domain shall be surveyed, proclaimed and developed as farm settlements for qualified

landless people.

* Agricultural land allocations shall be made for ideal family-size farms.

* Uncultivated lands of the public domain shall be made available on a lease basis to

interested and qualified parties. Priority shall be given to those who will engage in the

development of capital-intensive, traditional or pioneering crops.

D. Idle, Abandoned, Forecloses and Sequestered Lands: Idle, abandoned, foreclosed and

sequestered lands shall be planned for distribution as home lots and family-size farmlots to

actual occupants. If land area permits, other landless families shall be accommodated in

these lands.

E. Rural Women: All qualified women members of the agricultural labor force must be

guaranteed and assured equal rights to ownership of the land, equal shares of the farm's pro-

duce, and representation in advisory or appropriate decision-making bodies.

F. Veterans and Retirees: Landless ware veterans and veterans of military campaigns, their

surviving spouses and orphans, retirees of the Armed Forces of the Philippines and the

Integrated National Police, returnees, surrenderees and similar beneficiaries shall be given

due consideration in the disposition of agricultural lands of the public domain.

G. Agriculture Graduates: Graduates of agricultural schools who are landless shall be assisted

by the government in their desire to own and till agricultural lands.

XI. Program Implementation

A. Presidential Agrarian Reform Council (PARC)


1. Composition [Section 41]

a. Chairman: President of the Philippines

b. Vice-Chairman: Secretary of Agrarian Reform

c. Members:

i. Secretary of Agriculture;

ii. Secretary of Environment and Natural Resources;

iii. Secretary of Budget and Management;

iv. Secretary of Local Government;

v. Secretary of Public Works and Highways;

vi. Secretary of Trade and Industry;

vii. Secretary of Finance;

viii. Secretary of Labor and Employment;

ix. Director-General of National Economic and Development Authority;

x. President of Land Bank of the Philippines;

xi. Administrator of National Irrigation Authority;

xii. Three (3) representatives of affected landowners to represent Luzon, Visayas and

Mindanao; and

xiii. Six (6) representatives of agrarian reform beneficiaries, two (2) each from Luzon,

Visayas and Mindanao, provided that one of them shall be from cultural

communities.

2. Functions and Duties [EO 229, 1987]

a. Formulate and implement policies, rules and regulations necessary to implement the

CARP;

b. Recommend small farm economy areas;

c. Schedule the acquisition and distribution of specific agrarian reform areas; and

d. Control mechanisms for evaluating the owner's declaration of current fair market

value.

3. Executive Committee (EXCOM) of the PARC [Section 42]

a. There shall be an Executive Committee of the PARC which shall meet and decide on

any and all matters in between meetings of the PARC: Provided, however, That its

decision must be reported in the PARC immediately and not later than the next

meeting.

b. Composition: The Secretary of Agrarian Reform shall be the Chairman and its

members shall be designated by the President, taking into account Article XIII,

Section 5 of the Constitution (Rights of farmers to participate in the planning,


organization and management of the CARP).

4. PARC Secretariat [Section 43]

a. A PARC Secretariat is established to provide general support and coordinative

services such as inter-agency linkages, program and project appraisal and evaluation

and general operations monitoring for the PARC.

b. Composition: The Secretariat shall be headed by the Secretary of Agrarian Reform

who shall be assisted by an Undersecretary and supported by a staff whose composi-

tion shall be determined by the PARC Executive Committee.

B. Provincial Agrarian Reform Coordinating Committee (PARCCOM)

1. Composition (Section 44)

a. Chairman: an appointee of the President upon recommendation of the PARC

EXCOM;

b. Executive Officer: Provincial Agrarian Reform Officer;

c. Members:

i. Representative from the Department of Agriculture;

ii. Representative for the Department of Environment and Natural Resources;

iii. Representative for the Land Bank of the Philippines;

iv. One representative each from existing farmers' organizations, agricultural

cooperatives and non-governmental organizations in the province;

v. Two representatives from the landowners, at least one of whom shall be a

producer representing the principal crop of the province;

vi. Two representatives from farmers and farmworker beneficiaries, at least one of

whom shall be a farmer or farmworker representing the principal crop of the

province; and

vii. In areas where there are cultural communities, there shall be one representative

from them.

2. Functions and Duties

a. Coordinate and monitor the implementation of the CARP in the province;

* The PARC shall provide the guidelines for a province-by-province implementa-

tion of the CARP. The ten-year program of distribution of public and private

lands in each province shall be adjusted from 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 are available or have been

programmed before actual distribution is effected. [Section 45]

b. Provide information on the following:

i. Provisions of the CARP;

ii. Guidelines issued by the PARC; and

iii. Progress of the CARP in the province.

C. Barangay Agrarian Reform Committee (BARC)

1. Composition [EO 229, 1987]

* The BARC shall be operated on a self-help basis and will be composed of the

following:

a. Representatives of farmer and farmworker beneficiaries;

b. Representatives of farmer and farmworker non-beneficiaries;

c. Representatives of agricultural cooperatives;

d. Representatives of other farmer organizations;

e. Representatives of the Barangay Council;

f. Representatives of non-governmental organization (NGOs);

g. Representatives of landowners;

h. Department of Agriculture official assigned to the area;

i. Department of Environment and Natural Resources official assigned to the area;

j. DAR Agrarian Reform Technologist assigned to the area; and

k. Land Bank of the Philippines representative.

2. Functions [EO 229, 1987 and Section 47]

* The BARC shall have the following functions:

a. Mediate and conciliate between parties involved in an agrarian dispute;

b. Assist in the identification of qualified beneficiaries and landowners within the

barangay;

c. Attest to the accuracy of the initial parcellary mapping of the beneficiary's tillage;

d. Assist qualified beneficiaries in obtaining credit from lending institutions;

e. Assist n the initial determination of the value of the land;

f. Assist the DAR representative in the preparation of periodic reports on the CARP

implementation;

g. Coordinate the delivery of support services to beneficiaries;


h. Participate and give support in the implementation of CARP; and

i. Perform such other functions as may be assigned by the PARC and DAR.

D. Others

1. No injunction, restraining order, prohibition or mandamus shall be issued by the lower

courts against the DAR, DA, DENR and DOJ in their implementation of CARP. [Section

68]

* This does not apply to the Supreme Court.

2. The PARC, in the exercise of its functions, is hereby authorized to call upon the

assistance and support of other government agencies, bureaus and offices, including

government-owned or controlled corporations. [Section 69]

XII. Administrative Adjudication

A. Jurisdiction

1. The Department of Agrarian Reform is hereby vested with primary jurisdiction to

determine and adjudicate agrarian reform matters and shall have exclusive original

jurisdiction over all matter involving the implementation of agrarian reform, except

those falling under the exclusive jurisdiction of the Department of Agriculture and the

Department of Environment and Natural Resources. [Section 50]

2. DAR Adjudicator

a. Department of Agrarian Reform Adjudication Board (DARAB)

i. Exercises both original and appellate jurisdiction

ii. Exercises functional supervision over the RARADs and PARADs

b. Regional Agrarian Reform Adjudicator (RARAD)

i. Executive Adjudicator in his region

ii. Receives, hears and adjudicates cases which the PARAD cannot handle because

the latter is disqualified or inhibits himself or because the case is complex or


sensitive

c. Provincial Agrarian Reform Adjudicator (PARAD)

3. Exclusive Jurisdiction of the Secretary of Agrarian Reform

* Matter involving strictly the administrative implementation of the CARP and

agrarian laws and regulations shall be the exclusive prerogative of and cognizable

by the Secretary of Agrarian Reform

B. BARC Certification Requirement

1. The DAR shall not take cognizance of any agrarian dispute of controversy unless a

certification from the BARC that the dispute has been submitted to it for mediation and

conciliation without any success of settlement is presented. [Section 53]

* Failure to present a BARC certification is not a ground for dismissal of the action.

The complainant or petitioner will be given every opportunity to secure the BARC

certification. [Rule III, Section 1(c) of the DARAB Rules]

2. Exceptions to the BARC Certification Requirement:

a. Failure of the BARC to issue a certification within thirty (30) days after a matter or

issue is submitted to it;

b. The required certification cannot be complied with for valid reasons like the non-

existence or non-organization of the BARC or the impossibility of convening it. A

certification to that effect may be issued by the proper agrarian reform officer in lieu

of the BARC certification; [Rule III, Section 1(b) of DARAB Rules]

c. The issue involves the valuation of the land to determine just compensation; [Rule

III, Section 2 of DARAB Rules]

d. The parties reside in different barangays, unless they adjoin each other;

* Where the lands involved in the dispute straddles two or more barangays, the

BARC of the Barangay where the biggest portion lies, shall have the authority to

conduct the mediation or conciliation proceeding.

e. One of the party is a public or private corporation, a partnership, association or juridi-

cal person, or a public officer or employee and the dispute relates to the performance

of his official functions;

f. The issue involves merely the administrative implementation of agrarian reform law,

rule, guideline or policy; and

g. The issue is beyond the pale of mediation, conciliation or compromise, as determined


by the Secretary of Agrarian Reform.

C. Rules of Procedure

1. It shall not be bound by technical rules of procedure and evidence but shall proceed to

hear and decide all cases, disputes or controversies in a most expeditious manner,

employing all reasonable means to ascertain the facts of every case in accordance with

justice and equity and the merits of the case. [Section 50]

2. Responsible leaders shall be allowed to represent themselves, their fellow farmers, or

their organizations in any proceedings before the DAR [Section 50]

3. To discourage frivolous or dilatory appeals from the decision or order on the local or

provincial levels, the DAR may impose reasonable penalties, including but not limited to

fines or censures upon erring parties. [Section 52]

D. Enforcement Powers

1. It shall have the power to summon witnesses, administer oaths, take testimony, require

submission of reports, compel the production of books and documents and answers to

interrogatories and issue subpoena, and subpoena duces tecum and to enforce its writs

through sheriffs or other duly deputized officers. It shall likewise have the power to

punish direct and indirect contempt in the same manner and subject to the same penalties

as provided in the Rules of Court. [Section 50]

2. The DAR has executed a Memorandum of Agreement with the Philippine National

Police, in order that the latter may assist the DAR in the enforcement of its orders.

E. Judicial Review

1. Any decision, order, award or ruling of the DAR on any agrarian dispute or on any matter

pertaining to the application, implementation, enforcement or interpretation of the CARL

and other pertinent laws on agrarian reform may be brought to the Court of Appeals by

certiorari within fifteen (15) days from receipt of a copy thereof. [Section 54]

2. The findings of fact of the DAR shall be final and conclusive if based on substantial

evidence.


3. Notwithstanding an appeal to the Court of Appeals, the decision of the DAR shall be

immediately executory. [Section 50]

XIII. Special Agrarian Court

A. Jurisdiction [Section 57]

1. The Special Agrarian Courts (Regional Trial Courts) shall have original and exclusive

jurisdiction over:

a. All petitions for the determination of just compensation to landowners; and

b. The prosecution of all criminal offenses under the CARL.

2. The Special Agrarian Courts, upon their own initiative or at the instance of any of the

parties, may appoint one or more commissioners to examine, investigate and ascertain

facts relevant to the dispute, including the valuation of properties and to file a written

report thereof with the court.

B. Appeals

1. Appeal from the Decision of the Special Agrarian Court

* Within fifteen (15) days from the receipt of the decision of the Special Agrarian Court,

an appeal may be taken by filing a petition for review with the Court of Appeals.

2. Appeal from the Decision of the Court of Appeals

* Within a non-extendible period of fifteen (15) days from the receipt of the decision of

the Court of Appeals, an appeal may be taken by filing a petition for review with the

Supreme Court.

XIV. Prohibited Acts and Omissions

A. Prohibited Acts and Omissions


1. Section 73. The following are prohibited.

a. The ownership or possession, for the purpose of circumventing the provisions of

CARL, of agricultural lands in excess of the total retention limits or award ceilings

by any person, natural or juridical, except those under collective ownership by

farmer-beneficiaries.

b. The forcible entry or illegal detainer by persons who are not qualified beneficiaries to

avail themselves of the rights and benefits of the CARP.

c. The conversion by any landowner of his agricultural land into non-agricultural uses

with intent to avoid the application of CARL to his landholdings and to dispossess

his tenant farmers of the land tilled by them.

d. The willful prevention or obstruction by any person, association or entity of the

implementation of the CARP.

e. The sale, transfer, conveyance or change of the nature of lands outside of urban

centers and city limits either in whole or in part after the effectivity of CARL.

i. Upon the effectivity of CARL, any sale, disposition, lease, management contract

or transfer of possession of private lands executed by the original landowner in

violation of CARL shall be null and void; Provided, however, that those executed

prior to CARL shall be valid only when registered with the Register of Deeds

within a three (3) months after the effectivity of CARL. [Section 6]

* Exception: Banks and other financial institutions allowed by law to hold

mortgage rights or security interests in agricultural lands to secure loans and other

obligations of borrowers, may acquire title to these mortgaged properties,

regardless of area, subject to existing laws on compulsory transfer of foreclosed

assets and acquisition as prescribed under Section 16 of CARL [Section 71]

ii. Disposition of private lands is in violation of CARL if it is over the retention

limit.

iii. The date of registration of the deed of conveyance in the Register of Deeds with

respect to title lands and the date of the issuance of the tax declaration to the

transferee of the property with respect to untitled lands shall be conclusive for

this purpose.

f. The sale, transfer of conveyance by a beneficiary of the right to use or any other

usufructuary right over the land he acquired by virtue of being a beneficiary, in order

to circumvent the provisions of CARL. [Refer to VII(E) of this Outline]


2. Any person who knowingly or willfully violates the provisions of CARL shall be

punished by imprisonment of not less than one (1) month to not more than three (3) years

or a fine of not less than one thousand pesos (P 1,000.00) and not more than fifteen

thousand pesos (P 15,000.00), or both at the discretion of the court.

If the offender is a corporation or association, the officer responsible therefor shall be

criminally liable.

B. Conversions

1. Authority to Allow Conversion of Agricultural Land for Non-agricultural Uses

a. Under Executive Order No. 129-A, Series of 1987, the Department of Agrarian

Reform is authorized to:

i. Approve or disapprove the conversion, restructuring or readjustment of

agricultural lands into non-agricultural uses; [Section 4(j)]

ii. Have exclusive authority to approve or disapprove conversion of agricultural

lands for residential, commercial, industrial and other land uses as may be

provided for by law. [Section 5(l)]

b. The Comprehensive Agrarian Reform Law provides that the DAR ... may authorize

the reclassification or conversion on the land and its disposition. [Section 65]

2. Conversion

a. After the lapse of five (5) years from its award, when the land ceases to be

economically feasible and sound for agricultural purposes, or the locality has become

highly urbanized and the land will have greater economic value for residential,

commercial or industrial purposes, the DAR, upon application of the beneficiary or

the landowner, may authorize the reclassification or conversion on the land and its

disposition: Provided, That the beneficiary shall have fully paid his obligation.

[Section 65]

b. Grounds for conversion

i. Five (5) years had lapsed from the award of the land;

ii. The land ceases to be economically feasible and sound for agricultural purposes,

or the locality has become highly urbanized and the land will have greater

economic value for residential, commercial or industrial purposes; and

iii. Beneficiary shall have fully paid his obligation.


c. Administrative Order No. 20, Series of 1992 [Took effect on 30 December 1992]

* President Fidel V. Ramos directed the observance by all agencies and local

government units the following interim guidelines on agricultural land use

conversion.

i. All irrigated or irrigable agricultural lands shall not be subject to and non-

negotiable for conversion;

ii. All other agricultural lands may be converted only upon strict compliance

with existing laws, rules and regulations.

3. Disturbance Compensation

* Section 36(1) of Republic Act No. 3844, as amended provides: the agricultural lessee

shall be entitled to disturbance compensation equivalent to five years rental on his

landholding.

* Displaced farmers are entitled to disturbance compensation which varies depending

on the agreement between the farmers and the landowners.

XV. Relation to Other Laws

A. Suppletory Application: The provisions of Republic Act No. 3844, as amended, Presidential

Decree Nos. 27 and 266, as amended, Executive Order Nos. 228 and 229, both Series of

1987; and other laws not inconsistent with this Act shall have suppletory effect. [Section 75]

B. Repealing Clause: Section 35 of Republic Act No. 3844, Presidential Decree No. 316, the

last two paragraphs of Section 12 of Presidential Decree No. 946, Presidential Decree No.

1038, and all other laws, decrees, executive orders, rules and regulations, issuances or parts

thereof inconsistent with CARL are hereby repealed or amended accordingly.

XVI. Effectivity

* CARL takes effect immediately after publication in at least two (2) national newspapers of

general circulation. CARL was printed 15 June 1988.


Prepared by: Emmanuel Caliwan Juris Doctor

Agrarian Law Reviewer

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