AGRARIAN LAW AND SOCIAL LEGISLATION

REVIEWER (MIDTERMS)
HISTORY OF PHILIPPINE AGRARIAN LAWS
Rice Share Tenancy Act enacted to regulate the relationship
between landlords and tenants on rice lands. (amended by
Commonwealth Act 178, amended by RA no. 34 by introducing
changes in crop division, amended by RA 2263))
Sugar Tenancy Act enacted to regulate the relationship between
landlords and tenants on lands planted to sugar cane. (amended by
Commonwealth Act 271 by extending its application to sugar farm
workers)
Agricultural Share Tenancy Act (RA 1199) it repealed all the earlier
tenancy laws except the Sugar Tenancy Act.
Agricultural Land Reform Code of 1963 (RA 3844) abolished share
tenancy. In its place, it instituted the agricultural leasehold system.
(amended by Code of Agrarian Reforms,RA 6389)
Tenant Emancipation Law (PD No. 27) promulgated by Ferdinand
E. Marcos which provided for the transfer of lands primarily devoted
to rice and corn to the tenants.
EO No. 228 (July 17, 1987) declaring full land ownership to
qualified beneficiaries covered by PD 27.
Executive Order 129-A (July 26, 1987) - modifying EO 129
Reorganizing and Strengthening DAR
Proclamation 131 (July 22, 1987) - Instituting a Comprehensive
Agrarian Reform Program.
CARP of 1988 (RA 6657, June 10, 1988) amended certain
provicions by RA 7881, strengthened by RA 9700.

ANGELA MARIE A. ALMALBIS

TRANSFER OF PRIVATE AND PUBLIC LANDS TO FARMER

BENEFICIARIES
Sec. 3 (a) Definition of Agrarian Reform
Agrarian Reform the redistribution of lands, regardless of crops or
fruits produced to farmers and regular 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
beneficiaries and all other arrangements alternative to the physical
redistribution of lands, such as production or profit-sharing, labor
administration, and the distribution of shares of stocks, which will
allow beneficiaries to receive a just share of the fruits of the lands
they work.
Sec. 4 Scope
CARL of 1998 shall cover, regardless of tenurial arrangement and
commodity produced, all public and private agricultural lands,
including other lands of the public domain suitable for agriculture:
Provided, that landholdings of landowners with a total area of 5
hectares and below shall not be covered for acquisition and
distribution to qualified beneficiaries.
The ff. lands are covered by CARP:
a. All alienable and disposable lands of the public domain
devoted to or suitable for agriculture.
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;
d. All private lands devoted to or suitable for agriculture
regardless of the agricultural products raised or that can be
raised thereon.
Land NOT covered by CARP:
a. Private lands with a total area of 5 hectares and below;
b. Lands actually, directly, and exclusively used for parks,
wildlife, forest reserves, reforestation, fish sanctuaries and
breeding grounds, watersheds and mangroves;

c.

Private lands actually, directly and exclusively used for

prawn farms and fishponds
d. Lands actually, directly and exclusively used and found to be
necessary for: national defense, school sites and campuses,
experimental farm stations, seeds and seedling research
and pilot production, church sites and convents, mosque
sites and Islamic centers. Communal burial grounds and
cemeteries, penal colonies and penal farms, research and
quarantine centers, all lands with 18 % slope and over,
except those already developed.
Sec. 7 Priorities - Acquisition and Distribution Scheme
All remaining agricultural lands during the 5 yr extension period up to
June 30, 2014, in the following order of priority:
a. Lands with an area of more than 50 hectares, specifically:
1. Those subjected to Notice of Coverage on or before 1210-08
2. Rice and corn lands
3. Idle or abandoned lands
4. Private lands voluntarily offered
5. Lands foreclosed
6. Lands acquired by the PCGG
7. All other lands owned by the government devoted to or
suitable for agriculture
b. Lands with an area of 24 hectares up to 50 hectares,
specifically:
c. Lands with an area of more than 10 hectares up to 24
hectares
d. Lands from the retention limit up to 10 hectares.
Qualified beneficiaries only farmers and regular farmworkers
actually tilling the lands, as certified under oath by the BARC and
attested under oath by the landowners.
Sec. 16 Land Acquisition (Compulsory Acquisition)
Procedure:
1. Identification by the DAR of the land, landowner and beneficiary;

ANGELA MARIE A. ALMALBIS

2. Notice by the DAR to the landowner about the compulsory

acquisition and the price offer by mail and posting in brgy hall and
municipal hall
3. Reply by the landowner about his acceptance or rejection of the
offered price.
-If LO accepts price, LBP will pay LO within 30 days from execution
and delivery of Deed of Transfer
-If LO rejects, DAR will determine just compensation thru
administrative proceedings;
If LO disagrees with the decision of the DAR, he may bring
the matter to the regular courts of justice for final determination of
just compensation.
4. Taking of immediate possession of the land by the DAR.
- If LO receives the corresponding payment; or
-If LO does not respond to the Notice of Acquisition.
5. Request by the DAR to the Registry of Deeds to issue a TCT to
the Republic of the Phil.
6. Distribution of the land to the qualified beneficiaries.
2 NOTICES required for the validity of implementation:
1. Notice of Coverage pursuant to DAR AO No. 12, s. 1989
2. Notice of Acquisition pursuant to Sec 16 of CARL
Failure to comply with the proper procedure would be a violation of
constitutional due process and should be deemed arbitrary,
capricious, whimsical, and tainted with grave abuse of discretion.
When title/ownership is transferred to the State? upon full payment
of the just compensation. Until the JC is finally determined and fully
paid, the title/ownership remains with the LO. Even if DAR deposited
the offered price with the LBP, it does not warrant the cancellation of
the LOs title.
Opening of a trust account does not constitute payment because the
law requires just compensation to be paid in cash and LBP bonds
and not by trust account.

Sec. 19
Land Acquisition (Voluntary Offer to Sell)
Incentives: LO is entitled to an additional 5% cash payment.
Documentary Requirements:
1. Title or proof of ownership, if untitled;
2. Tax declaration; and
3. Approved survey plan
If LO fails to submit, the land will be subjected to compulsory
acquisition.

LANDS NOT COVERED BY LAND ACQUISITION

Sec. 6 Retention Limits
LO has the right to retain not more than 5 hectares of his
landholdings. The retained area need not be personally cultivated by
the LO cultivation can be done indirectly through labor
administration.
Can a LO who already exercised his retention rights under PD 27 be
entitled to retention right under CARL?
No more. However, if the LO chooses to retain 5 hectares under
CARL, the 7 hectares previously retained by him under PD 27 shall
be immediately placed under the coverage of CARL.
Can spouses retain 5 hectares each under CARL? It depends.
a. If the property regime is conjugal or absolute community
the spouses can retain only 5 hectares.
b. If the property regime is separation of property the
spouses can retain 5 hectares each (a total of 10 hectares)
Who has the right to choose the retention area? the landowner.
The chosen area should be COMPACT and CONTIGUOUS. As long
as the area to be retained is compact and contiguous and it does not
exceed the retention ceiling of 5 hectares, the LOs choice of the
area to be retained must prevail.

ANGELA MARIE A. ALMALBIS

The LO should exercise his right of retention within 60 days from

receipt of the Notice of Coverage. If he does not exercise his right of
retention within the specified period, the MARO will designate the
retained area for the LO. If LO disagrees with the selected area, he
may file a protest with the MARO.
Can a LO exercise his right to retention over the land which has
already been covered by an EP or CLOA?
-The issuance of EP or CLOA to beneficiaries does not absolutely
bar the LO from retaining the area covered thereby. If the LO has
been deprived of his right to retention, he may file a petition for
cancellation of the EP or CLOA that may have been issued to the
tenants.
Under AO no. 2, s. 1994, an EP or CLOA may be cancelled if the
land covered is later found to be part of the LOs retained area.
(Daez v. CA)
If the retention area chosen by the LO is tenanted, what happens to
the tenant?
- The tenant may choose in whether to remain therein or be a
beneficiary in the same or another agricultural land with
similar or comparable features.
- The tenant must choose within 1 year from the time the LO
manifests his choice of the area for retention.
Elements of tenant-landlord relationship:
1. The LO has engaged a person to personally cultivate an
agricultural land; and
2. The LO is compensated in terms of share in the produce
(share tenancy) or in terms of a price certain or
ascertainable in produce or in money or both (leasehold
tenancy).
Effect if the tenant chooses to remain in the retained area:
-He will no longer be considered as a tenant but as an agricultural
lessee and he will no longer qualify as an agrarian reform
beneficiary.

Term of lease: the agricultural leasehold relation once established

continues until such leasehold relation is extinguished through:
a. Abandonment or voluntary surrender of the landholding by
the lessee; or
b. Absence of successor in the event of death or permanent
incapacity of the lessee
The relation is not necessarily extinguished by death or incapacity, it
continues between the lessor and the person who can cultivate the
landholding personally, which the lessor can choose from: surviving
spouse; the eldest direct descendant; or the next eldest descendant.
Effect if the tenant chooses to be a beneficiary:
- He loses his right to be a lessee of the land retained by the
LO.
Children of the LO are entitled to 3 hectares each. If the LO owns
more than 5 hectares of agricultural land, the excess area may be
awarded to the children of the LO to the extent of 3 hectares for each
child under the ff. conditions:
1. The child is at least 15 yrs old; and
2. The child is actually tilling the land or directly managing the
farm
The child need not directly or personally till the land it is enough
that he directly manages the farm.
General Rule: Lands awarded to children cannot be sold,
transferred, conveyed within 10 years. EXCEPT: a. through
hereditary succession; b. to the government; c. to the LBP;
d. to
other qualified beneficiaries
Children or Spouse may repurchase within 2 years from date of
transfer
Sec. 6-A. Exception to Retention Limits

ANGELA MARIE A. ALMALBIS

Local Government Units expropriating agricultural lands for actual,

direct and exclusive public purpose shall not be subject to the 5
hectare retention limit
Process: Land will be acquired by the National Government through
the DAR with just compensation to the landowner then, DAR will
distribute the land to the Agrarian beneficiaries. After that, LGU will
expropriate the land and pay agrarian beneficiaries just
compensation.
Sec. 10. Exemptions and Exclusions
1. Lands actually, directly and exclusively used for parks,
wildlife, forest reserves, reforestation, fish sanctuaries
and breeding grounds, watersheds and mangroves.
2. Private lands actually, directly and exclusively used for
prawn farms and fishponds, Provided, said prawn farms
and fishponds have not been distributed and CLOA
issued to beneficiaries under CARP.
3. Lands actually, directly and exclusively used and found
to be necessary for national defense, school sites and
campuses, including experimental farm stations
operated by public or private schools for educational
purposes, seeds and seedling research, church sites,
cemeteries, penal colonies and all lands with 18% slope
and over, except those already developed.
Lands already classified for residential, commercial or industrial use
by the Housing and Land Use Regulatory Board prior to the
effectivity of the CARL are NOT subject to agrarian reform.
Natalia Realty v DAR: The undeveloped portions of the subdivision
cannot be considered agricultural lands. These lots were intended
for residential use. They ceased to be agricultural lands upon
approval of their inclusion in the Lungsod Silangan Reservation.
Even today, they are continued to be developed as low cost housing
subdivision. These lands are still residential lands and outside of the
ambit of CARL.

Since Natalia lands were converted prior to June 15, 1988, DAR
is bound by such conversion.

CMU v DARAB: By the very nature of the CMU, which is a school

established to promote agriculture and industry, the need for vast
tract of agricultural land for future expansion is obvious. As to the
determination of when and what lands are found to be necessary for
use by the CMU, the school is in the best position to resolve and
answer the question and pass upon the problem of its needs in
relation to its avowed objectives.
Secretary of Agrarian Reform has the jurisdiction and authority to
exempt or exclude a property from the coverage of the agrarian
reform program.
Sec. 17 Determination of Just Compensation
Just Compensation the full and fair equivalent of the property taken
from its owner by the expropriator.
Factors used in the valuation of lands:
1. Capitalized Net Income (CNI) which is based on land use
and productivity
2. Comparable Sales (CS) which is based 70% of the BIR
zonal value; and
3. Market Value (MV) which is based on the Tax Declaration.
Basic Formula
When all factors are present: CNI x 0.60 + CS x 0.30 + MV x 0.10 =
Land Value
When CNI is not present: CS x 0.90 + MV x 0.10 = Land Value
When CS is not present: CNI x 0.90 + MV x 0.10 = Land Value
When CS and CNI are not present: MV x 2 = Land Value
Basis in determining JC: the value of the property at the time it was
taken from the owner and appropriated by the government.

ANGELA MARIE A. ALMALBIS

Time of taking: when title is transferred to Philippines or beneficiaries

and when agricultural land voluntarily offered by a landowner was
approved by PARC.
If there is delay, the value should be determined not at the time of
taking of the land but at the time of full payment of the just
compensation.
Procedure for determination of Just Compensation:
1. LBP determines value of the land
2. Using LBPs valuation, the DAR makes an offer to the LO.
3. In case, the LO rejects the offer, the DAR conducts a
summary administrative proceeding to determine the
compensation for the land by requiring the LO, the LBP and
other interested parties to submit evidence as to the just
compensation.
4. A party who disagrees with the decision of the adjudicator
may bring the matter to the RTC designated as a Special
Agrarian Court for final determination of just compensation.
Role of the DARAB: They can conduct a summary administrative
proceeding for the preliminary determination of just compensation in
order to determine whether land valuation computations of the LBP
are in accordance with the rules or administrative order.
Who conducts Preliminary Proceedings of Land Valuation?
1. PARAD when the initial land valuation of LBP is less than
10million
2. RARAD when the initial land valuation of LBP is 10million50million
3. DARAB when the initial land valuation of LBP is above
50million
If PARAD is not available, RARAD will conduct it notwithstanding the
value of the land
If RARAD is not available, DARAB will conduct or designate an
Adjudicator from among the PARADs in the region.
Valuation set by DAR is not conclusive. LO may contest it to RTC
within 15 days from receipt of the boards decision. Upon filing with

the RTC-SAC, party shall file Notice of Filing of Original Action with
the Board/Adjudicator together with Certified True Copy of petition
filed with SAC.
Failure to file notice or submit Certified True Copy, the decision of the
Board will be final and executory. When notice and CTC are
received, the Board shall not issue writ of execution.

4. Other Farmworkers
5. Actual Tillers or Occupants of Public Lands
6. Collectives or Cooperatives
7. Others directly working on the land
PROVIDED, however children of landowners
preference and actual tenant tillers not be ejected.

Consent of beneficiary is not required in determination of

compensation.

Who are eligible to become Agrarian Reform Beneficiaries?

Landless resident of the same barangay or municipality
Landless Resident farmer or tiller who owns less than 3 hectares of
land
Qualifications:
1. Filipino Citizen
2. Resident of barangay or municipality where landholding is
located
3. At least 15 years old at the time of identification, screening
and selection
4. Willing, able and equipped with aptitude to cultivate and
make land productive

Sec 18. Valuation and Mode of Compensation

1. Cash Payment
For lands above 50 hectares: 25% cash, balance to
be paid in government financial instruments
negotiable at any time.
For lands above 24 hectares to 50 hectares: 30%
cash, balance to be paid in government financial
instruments negotiable at any time.
For lands 24 hectares and below: 35% cash,
balance to be paid in government financial
instruments negotiable at any time.
2. Shares of stock in GOCCs, LBP preferred shares, physical
assets or other qualified investments in accordance with
guidelines set by the PARC;
3. Tax credits which can be used against any tax liability;
4. LBP bonds, which shall mature every year until the 10 th year
LAND REDISTRIBUTION
Sec. 22 Qualified Beneficiaries
The lands covered by the CARP shall be distributed as much as
possible to landless residents of the same barangay or in the
absence thereof, landless residents of the same municipality in
the ff. order of priority:
1. Agricultural Lessees and Share Tenants
2. Regular Farmworkers
3. Seasonal Farmworkers

ANGELA MARIE A. ALMALBIS

be

given

Sec. 22 A. Order of Priority

Children 3 hectares each
Agricultural Lessees, Share Tenants and Regular
Farmworkers 3 hectares each
Then the remaining be given to Seasonal Farmworkers,
Other Farmworkers, Actual Tillers or Occupants of
Public Lands, Collectives or Cooperatives, Others
directly working on the land.
Sec. 23. Distribution Limit
No qualified beneficiary may own more than 3 hectares of
agricultural land
Criteria of Prioritization: Willingness, Aptitude, Ability to cultivate and
make land productive; Physical Capacity; Length of Service
Factors in determining size of land: type of crop; type of soil; weather
patterns; other pertinent factors critical for success of beneficiaries

Sec. 24. Award to Beneficiaries

When does rights and responsibilities commence? From their
receipt of a duly registered EP or CLOA and actual physical
possession of the awarded land. Such award shall be completed in
not more than 180 days from the date of registration of the title in the
name of the Republic of the Philippines.
Pending issuance of CLOA, the beneficiaries have usufructuary
rights over the awarded land.
Transfer of ownership to the beneficiaries is not automatic.
Title and ownership over the land can be transferred to the
beneficiaries only upon full payment of the just compensation to
the landowner.

registration, the 1-year period shall be reckoned from constructive

occupation of the land.
Sec. 25 Award Ceilings for Beneficiaries
Beneficiaries shall be awarded an area not exceeding 3
hectares.
General Rule: Land should be awarded to the individual farmer
beneficiary and should be covered by an individual title.
However, if the beneficiaries opt for collective
ownership, collective ownership title may be issued in the name of
the co-owners or the collective organization.
Sec. 26. Payment by Beneficiaries

When does the DAR issue CLOA? only upon full payment of
amortization by the farmer-beneficiary. The CLOA, in turn, becomes
the basis for the issuance in his name of an original or transfer
certificate of title.
CLOAs become indefeasible and imprescriptible after 1 year from its
registration with the Registry of Deeds.
Grounds for cancellation of CLOA:
1. Abandonment of land
2. Neglect or Misuse of land
3. Failure to pay 3 annual amortizations
4. Misuse or diversion of financial and support services
5. Sale, transfer or conveyance of right to use land
6. Illegal conversion of land
Obligations of Agrarian Reform Beneficiaries:
Exercise due diligence in the use, cultivation, and
maintenance of the land, including improvements thereon;
and
Pay the LBP 30 annual amortizations with 6% interest per
annum.
The amortization will start 1 year from the date of registration of the
CLOA. However, if actual occupancy of the land takes place after the

ANGELA MARIE A. ALMALBIS

Payable to LBP in 30 annual amortizations with 6% interest

per annum.
Payment starts: 1 year from date of registration of the CLOA;
or date of actual occupancy, if the occupancy took place
after the registration of CLOA.

Basis of Amortization: Max. amortization is 5% of the annual

gross production as established by the DAR. After the 5 th year,
the interest rate and/or the principal obligation may be reduced
by the LBP to make the repayment affordable.
Effect of failure to pay 3 annual amortizations:
LBP can forfeit landholding and award it to other qualified
beneficiaries. The beneficiary whose land has been foreclosed or
forfeited will be permanently disqualified from becoming a
beneficiary.
Sec. 27. Transferability of Awarded Lands
Beneficiaries cannot, within a period of 10 years, sell or
transfer ownership of the land except: through hereditary
succession, to the government, to the LBP, or to other
qualified beneficiaries.

Effect of sale or transfer to the government or the LBP: the

children or the spouse of the transferor can repurchase the land
within 2years from the date of transfer.

VARIATIONS IN LAND ACQUISITION

Sec. 31. Corporate Landowners

Can a beneficiary who has not fully paid amortizations sell the
land to another? Yes, under ff. conditions: Approval of the DAR;
land should be sold only to an heir or to any other qualified
beneficiary; and the transferee must undertake to cultivate the
land himself, otherwise, the LBP will take the land for proper
disposition.
If complied with, LBP will compensate the beneficiary in one
lump sum for the amounts he has already paid, together with
value of improvements.
Can the beneficiary lease the land? Yes provided that the lease
is for agricultural purposes. If for non-agricultural, seek approval
of the DAR. It can also be leased to former LO after obtaining
approval from the DAR through the PARC.
IMPROVEMENT OF THE LEASEHOLD RELATIONSHIP
Sec. 12. Determination of Lease Rentals
DAR has the power to fix rentals, in this wise:
For lands devoted to rice and other crops 25% of the
average normal harvest after deducting the amount used
for seeds and the cost of harvesting, or threshing. If
there has been no normal harvest, then the estimated
normal harvest during the 3 agricultural yrs immediately
preceding the date the leasehold was established.
For sugarcane lands 25% of average normal harvest
less the value of the cost of seeds/cane points,
harvesting, loading, hauling, and/or trucking fee, and
cost of processing.
For coconut lands 25% of the average normal harvest
for a specific area for the preceding 3 calendar years
less the value of production cost.

ANGELA MARIE A. ALMALBIS

2 schemes available to corporate Los;

1. Voluntary Land Transfer
2. Stock distribution
Both schemes are no longer operative. Only allowed up to June 30,
2009. After this date, the modes of acquisition are limited to voluntary
offer to sell and compulsory acquisition.
Sec. 32. Production-Sharing
- If more than 5M gross sales/year are realized:
3% of the gross sales - to be distributed to regular and other
farm workers
1% of the gross sales 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 farmworkers.
This section was declared unconstitutional with respect to
livestock and poultry.
Sec. 32-A. Incentives
Incentives for regular fishpond or prawn farm workers is 7.5% of the
net profit before tax over.
CONVERSION OF AGRICULTURAL LANDS
Sec. 65. Conversion of Lands
Conversion is the act of changing the current use of a piece of
agricultural land into some other use, as approved by the DAR, to
wit:
-For residential, commercial, industrial, and other non-agricultural
purposes;

-For another type of agricultural activity such as livestock, poultry,

and fishpond the effect of which is to exempt the land from CARP
coverage.
-For non-agricultural use other than that previously authorized.
Reclassification is the act of specifying how agricultural lands shall
be utilized for non-agricultural uses such as residential, industrial,
and commercial, as embodied in the land use plan, subject to the
requirements and procedures for land use conversion.
Effect of reclassification: It does not automatically allow the LO to
change its use, it must undergo CONVERSION before he can use
the agricultural land for other purposes.
Scope of DARs conversion authority: Those after the effectivity of
RA no. 6657
Who can apply for conversion?
1. The beneficiary
2. The Landowner with respect only to his retained area which
is tenanted
When to file application for conversion?
-After the lapse of 5 years from the award of the land.
Conditions before application for conversion be filed:
1. When the land ceases to be economically feasible for
agricultural purposes
2. When the locality has become urbanized and the land will
have a greater economic value for residential, commercial or
industrial purposes.
Obligations of the beneficiary when conversion is approved:
1. Invest 10% of the proceeds from the conversion in
government securities; and
2. Pay LBP the full price of the land upon conversion.
Lands not subject to conversion:
1. Agricultural lands within protected areas designated by
NIPAS
2. All irrigated lands

3. All irrigable lands already covered by irrigation projects with

firm funding commitments
4. All agricultural lands with irrigation facilities operated by
private organizations
Areas highly restricted from conversion:
1. Irrigable lands not covered by irrigation projects with firm
funding commitments
2. Agro-industrial croplands
3. Highlands
4. Lands issued with notice of land valuation and acquisition
5. Environmentally critical areas
Effect of failure to implement approved conversion: Land will
continue to be covered by CARP
Sec. 65-A. Conversion into Fishpond and Prawn Farms
General Rule: No conversion of Public Agricultural Lands into
Fishponds and Prawn Farms.
Except: when the coastal zone is declared suitable for fishpond
development by the provincial government and BFAR
If condition is complied with, DENR can allow the lease and
development of the area.
Private Agricultural Lands: can be converted into fishponds and
prawn farms up to a maximum area of 5 hectares. BUT DAR may
approve more than 5 hectares, if:
The use of the land is more economically feasible and sound for
fishpond/prawn farm; Simple and absolute majority of the regular
farm workers/tenants agree to the conversion.
Sec. 65-B. Inventory
Helps DAR monitor unauthorized
fishponds/prawn farms.

conversion

of

Sec. 65-C. Change of Crops

To harmonize agrarian reform with the environmental laws
Change of crops does not need DAR approval.
Sec. 41. Presidential Agrarian Reform Council (PARC)

ANGELA MARIE A. ALMALBIS

lands

into

Chairperson: President of the Philippines

Vice-Chairperson: Secretary of Agrarian Reform
Members:
Secretary of Department of Agriculture
Secretary of Department of Environment and Natural Resources
Secretary of Department of Budget and Management
Secretary of Department of Interior and Local Government
Secretary of Department of Public Works and Highways
Secretary of Department of Trade and Industry
Secretary of Department of Finance
Secretary of Department of Labor and Employment
Director-General of National Economic and Development Authority
President of Land Bank of the Philippines
Administrator of National Irrigation Authority
Administrator of Land Registration Authority
6 representatives of affected LOs to represent Luzon, Visayas,
Mindanao
6 representatives of Agrarian Reform Beneficiaries (2 each from
LuzViMin: At least 1 from indigenous peoples, at least 1 from duly
recognized National Organization of Rural Women, At least 20% of
the members of PARC should be women but not less than 2)
Sec. 42 Executive Committee
Chairman: Secretary of the DAR
Members: (President will designate)
Sec. 43 Secretariat
To provide general support and coordinative services for the PARC
Head: Secretary of the DAR (he appoints all officers and employees
of secretariat)
Assistant: Undersecretary
Support: Staff (determined by PARC EXCOM)
Sec. 44 Provincial Agrarian Reform Coordinating Committee
(PARCCOM)
Chairman: (appointed by the President, upon recommendation of the
EXCOM)

ANGELA MARIE A. ALMALBIS

Executive Officer: Provincial Agrarian Reform Officer (PARO)

1 representative each: DA, DENR, LBP
1 representative each: existing farmers organization, agricultural
cooperatives and NGOs
2 representatives from LOs
2 representatives from Farmer and farmworkers or beneficiaries
1 representative from cultural communities
Sec. 45 Province-by-Province Implementation (by PARCCOM)
For the peculiarities and needs of each province
Sec. 46. Barangay Agrarian Reform Committee (BARC)
1. Farmers and Farmworkers Beneficiaries
2. Farmers and Farmworkers Non-beneficiaries
3. Agricultural Cooperatives
4. Other Farmer Organizations
5. Barangay Council
6. NGOs
7. Landowners
8. LBP
9. Official of the DA assigned to the barangay
10. Official of the DENR assigned to the area
11. DAR technologist assigned to the area may act as
secretary
Sec. 47 Functions of the BARC
1. To participate and give support to the implementation of
programs on agrarian reform
2. To mediate, conciliate or arbitrate agrarian conflicts and
issues that are brought to it for resolution
3. To perform such other functions that the PARC, EXCOM or
DAR secretary may delegate
Sec. 48 Legal Assistance
BARC may seek legal advice from DAR to ensure solution is within
the bounds of law
Sec. 49 Rules and Regulations

Substantive and Procedural

Take effect: 10 days after publication in 2 national newspapers of
general circulation
Sec. 63 Funding Source
Just compensation payment to LOs from Agrarian Reform Fund
Amount needed to implement CARP: 150billion pesos
Amount from GAA not less than 5billion pesos
Creba v. Secretary of Agrarian Reform: Reclassification is the act
of specifying how agricultural lands shall be utilized for nonagricultural uses such as residential, commercial, industrial. The
authority of the DAR to approve or disapprove conversion can only
be exercised after the effectivity of RA 6657. Conversion is needed
to change the current use of reclassified agricultural lands.
Sta. Rosa Realty v CA: Agricultural lands that were already
reclassified as non-agricultural prior to June 15, 1988 does not
require any conversion clearance or authority from the DAR because
said lands are not covered by CARP.
RESOLUTION

OF

AGRARIAN

DISPUTES

Sec. 50 Quasi-Judicial Powers of the DAR

The DAR is hereby vested with PRIMARY JURISDICTION to
determine and adjudicate agrarian reform matter and shall have
EXCLUSIVE ORIGINAL JURISDICTION over all matters involving
the implementation of agrarian reform, EXCEPT those falling under
the exclusive jurisdiction of DA and DENR.
Two-fold Jurisdiction of the DAR:
1. Essentially executive and pertains to the enforcement and
administration of the laws carrying them into practical
operation and enforcing their due observance.
2. Judicial and involves the determination of rights and
obligations of the parties

ANGELA MARIE A. ALMALBIS

DAR Sec.,Regional Office,PARO,MARO concerns the

implementation of agrarian reform laws (executive)
DARAB,RARAD,PARAD concerns adjudication of agrarian reform
disputes (judicial)
Quasi-Judicial Jurisdiction of the DAR: thru DARAB
1. Primary Jurisdiction to determine and adjudicate agrarian
reform matters
2. Appellate Jurisdiction over orders and decisions of the
agrarian reform adjudicators
Quasi-Judicial Powers of the DAR: thru DARAB
1. To hear and decide cases within its jurisdiction
2. Summon witnesses
3. Administer Oaths
4. Take testimony
5. Issue subpoena ad testificandum or duces tecum
6. Issue writs of execution; and
7. Punish direct or indirect contempt
PARAD generally has primary and exclusive jurisdiction to hear
and decide agrarian disputes.
Agrarian Dispute any controversy relating to tenurial arrangements,
whether leasehold, tenancy, stewardship or otherwise over lands
devoted to agriculture, including disputes concerning farmworkers
associations or representation of persons in negotiating, fixing,
maintaining, changing, or seeking to arrange terms or conditions of
such tenurial arrangements.
*Not every case involving an agricultural land automatically makes it
an agrarian dispute upon which the DARAB has jurisdiction.
If occupancy and possession was by mere tolerance, there is no
agrarian dispute.
APPEAL: decisions of PARAD are appealable to the DARAB within
15 days.
DARAB has no jurisdiction over:
1. Matters pertaining to ownership

2. Retention or Exemption Issues

3. Right of Way Issues (Laguna Estate v CA)
4. Identify and Classify landholdings for agrarian reform
coverage
5. Matters pertaining to identification and selection of
beneficiaries
Sec. 50-A Exclusive Jurisdiction on Agrarian Dispute
*Agrarian case filed in regular court must NOT be dismissed but
referred to the DAR for the purpose of determining whether an
agrarian dispute exists.
15 days to appeal the ruling of DAR to RTC and CA
Sec. 51. Finality of Determination
The case shall be decided within 30 days after submission for
resolution. Only one motion for reconsideration is allowed. Rulings
after 15 days shall be final.
Sec. 52 Frivolous Appeals
DAR may impose reasonable penalties, including but not limited to
fine and censure
Sec. 53 Certification of the BARC
It is a prerequisite to filing of a complaint before the DARAB. It is not
needed in judicial determination of just compensation where Special
Agrarian Courts take cognizance, not DARAB.
Sec. 54 Certiorari
It is a remedy from an adverse ruling of the DAR within 15 days from
notice of ruling, brought to CA.
Secretary of the DAR has exclusive and original jurisdiction over all
cases involving the cancellation of registered EPs, CLOA, other
titles.
ROLE OF SPECIAL AGRARIAN COURTS IN LAND VALUATION
AND PENAL PROVISIONS
Sec. 56. Special Agrarian Court

ANGELA MARIE A. ALMALBIS

The SC shall designate at least one branch of the RTC within each
province to act as a Special Agrarian Court.
Sec. 57 Special Jurisdiction
SAC shall have original and exclusive original jurisdiction over all
petitions:
1. For the determination of just compensation
2. Criminal violations of the CARL
Just compensation preliminarily determined by the DARAB should be
filed with SAC within 15 days from notice
Sec. 58 Appointment of Commissioners
SAC 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.
Objections to the Commissioners report: signify within 10 days
Sec. 59 Order of the Special Agrarian Court
No interlocutory order shall be elevated to the appellate courts until
hearing has been terminated
Sec. 60 Appeals
Remedy from an adverse decision of the SAC: Petition for Review,
not an ordinary appeal.
Filed within 15 days otherwise the decision shall become final.
Remedy from adverse decision of the CA: appeal by Certiorari with
the SC w/n 15 days
SUPPORT SERVICES FOR THE FARMERS AND LOs
Sec. 36 Funding for Support Services
Establishment of Agrarian Reform Communities, it will be composed
of and managed by agrarian reform beneficiaries who shall be willing
to be organized and to undertake the integrated development of an
area, their organizations or cooperatives.

Sec. 37 Support Services for the Agrarian Reform Beneficiaries

1. Land Surveys and titling
2. Liberalized access to credit
3. Socialized terms on agricultural credit facilities
4. Technology transfer
5. Infrastructures, such as storage facilities, mini dams, etc.
Sec. 37-A Equal Support Services for Rural Women
Rural Women those engaged directly or indirectly in farming 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.
Services: Equal Right to ownership of land; Equal shares of the
farms produce; representation in advisory or appropriate decisionmaking bodies.
Sec. 38 Support Services for LOs

ANGELA MARIE A. ALMALBIS

The most notable service: incentive granted to a LO who invests in

rural-based industries.
Sec. 39 Land Consolidation
Intended to:
1. Promote equal distribution of landholdings
2. Provide the needed infrastructures in agriculture
3. Conserve soil fertility and prevent erosion
Sec. 73 Prohibited Acts and Omissions
Criminal violations of CARL: ownership or possession in excess of
awarded land; forcible entry or illegal detainer; illegal conversion,
sale transfer conveyance of lands outside of urban centers, etc.

Sec. 73-A Exception

The sale or transfer of a mortgaged agricultural land as a result of
banks foreclosure is not a criminal violation of the CARL.