Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Sec. 26. PAYMENT BY BENEFICIARIES PROTECTION TO THE OTHER HEIR OF THE BENEFICIARY
IF THE LAND HAS NOT BEEN DULY PAID BY HE
Thirty (30) annual amortizations at 6% interest per
BENEFICIARY:
annum, subject to the following restrictions:
The rights to the land may be transferred or
1. The first 5 annual payments may not be more
conveyed, with prior approval of the DAR, to any heir of
than 5% of the value of the annual gross
the beneficiary or to any other beneficiary who SHALL
production as established by the DAR.
cultivate the land himself. Failing compliance herewith,
2. If the scheduled annual payments after the fifth
the land shall be transferred to the LBP which shall give
year exceed 10% of the annual gross production
due notice of the availability of the land.
and the failure to produce accordingly is not
due to the beneficiary’s fault, the LBP may: ARE SQUATTERS QUALIFIED TO BECOME CARP
a. Reduce the interest rate OR reduce the BENEFICIARIES?
principal obligation to make the ANS: NO. Squatters are disqualified from becoming
repayment affordable. CARP beneficiaries because they are guilty of
forcible entry, or illegal detainer, which are
LBP’s PROTECTION IN THE MEANTIME IF FULL
prohibited acts. They may not claim rights to
PAYMENT IS NOT YET MADE:
properties as landless peasants under the umbrella
1. The LBP shall have a lien by way of mortgage of CARP.
on the land awarded to the beneficiary; CAN A LANDOWNER CHOOSE HIS BENEFICIARIES?
2. This mortgage may be foreclosed by the LBP ANS: A land owner has NO right to select his
for nonpayment of an aggregate of 3 annual beneficiaries. Land acquisition and land distribution
amortizations. are 2 different transactions. It is the government
o The LBP shall advise the DAR of such which buys the land from the land owner and then
proceedings and the latter shall sells it to the beneficiaries. It is not a direct
subsequently award the forfeited transaction between the landowner and the
landholding to other qualified beneficiaries. The beneficiaries must qualify under
beneficiaries. the law, and it is still the MARO and the BARC who
3. A beneficiary whose land has been foreclosed do the screening.
shall be permanently disqualified from
becoming a beneficiary under this Act.
SEC. 28 STANDING CROPS AT THE TIME OF
SEC. 27. TRANSFERABILITY OF AWARDED LANDS ACQUISITION.
General Rule: Lands acquired by the beneficiaries may The landowner shall retain his share of any standing
not be sold, transferred or conveyed. crops unharvested at the time the DAR shall take
possession of the land under Section 16 of this Act, and
Exceptions: shall be given a reasonable time to harvest the same.
a. Through hereditary succession SEC. 29 FARMS OWNED OR OPERATED BY
b. To the government or the LBP CORPORATIONS OR OTHER BUSINESS ASSOCIATIONS
c. To other qualified beneficiaries for a period of
10 years. GUIDELINES:
Provided that the children or the spouse of the
1. In general, lands shall be distributed directly to
transferor shall have a right to repurchase the land
the individual worker beneficiaries.
from the government or LBP within 2 years.
2. If it is not economically feasible and sound to
divide the land, it shall be owned collectively by
1
RA 6657: Comprehensive Agrarian Reform Law of 1988
the workers beneficiaries, who shall form a SEC. 32. PRODUCTION SHARING
workers’ cooperative.
REQUIREMENTS BEFORE FINAL LAND TRANSFER
be fully paid for in an amount corresponding to the FUNDING SET ASIDE FOR SUPPORT SERVICES
valuation as determined in the immediately
1. 25% of all appropriations for agrarian reform
succeeding section. The landowner and the LBP
shall be immediately set aside and made
shall assist the farmers-beneficiaries and workers-
available for this purpose
beneficiaries in the payment for said shares by
2. Any other financial assistance from any source.
providing credit financing.
engaged in a pioneer or preferred area of - The lease period which shall not be more
investment as provided in the Omnibus than a total of 50yrs shall be proportionate
Investment Code of 1987. to the amount of investment and
b. BENEFIT – The LBP shall redeem a landowner’s production goals of the lessee.
LBP bonds at face value, provided that the d. Idle, abandoned, foreclosed sequestered
proceeds thereof shall be invested in a BOI- lands – they shall be planned for distribution
registered company or in any agri-business or as homelots and family-size farmlots to
agro-industrial enterprise, to the extent of 30% actual occupants.
of the face value of the sad LBP bonds. - If land area permits, other landless families
shall be accommodated in these lands.
SEC. 39 LAND CONSOLIDATION
e. Rural women – They shall have equal rights
PURPOSES OF LAND CONSOLIDATION: to ownership of the land, equal share so the
farm’s produce and representation in
1. To promote equal distribution of landholdings advisory or appropriate decision-making
2. To provide the needed infrastructures in bodies.
agriculture f. Veterans and retirees – If landless, they shall
3. To conserve soil fertility and prevent erosion. be given due consideration in the disposition
SEC. 40 SPECIAL AREAS OF CONCERN of agricultural lands of the public domain.
g. Agricultural graduates – If landless, they
SPECIAL AREAS OF CONCERN THAT ARE shall be assisted by the government, thru
CONSIDERED AS INTEGRAL PART OF CARP: DAR, in their desire to own and till
a. Subsistence fishing – they shall be assured agricultural lands.
greater access to the utilization of water SECS. 41-43 – provide for the composition and structure
resources. of the PARC.
b. Logging and mining concessions – suitable
areas in logging, mining and pasture areas SEC 41 (PARC)
shall be required to undertake reforestation 1. Composition: President as Chairman; Secretary
and conservation production methods. of Agrarian Reform as Vice-Chairman.
- Tribal communities shall be allowed to 2. Members: Secretaries of the following
enjoy and exploit the products of the forest Departments:
other than timber within the logging a. DA
concessions. b. DENR
c. Sparsely occupied public agricultural lands – c. Budget and Management
They shall be surveyed, proclaimed and d. DILG
developed as farm settlements for qualified e. DPQH
landless people. f. Trade and Industry
- Agricultural land allocation shall be made g. Finance
of=r ideal family size farms. h. DOLE
- Uncultivated lands of the public domain i. Director of NEDA
shall be made available on a lease basis to j. President of Land Bank of the
interested and qualified parties. Philippines
- Parties who will engage in the development k. Representatives of affected landless
of capital-intensive, traditional or primary landowners in Luzon, Visayas and
crops shall be given priority. Mindanao
4
RA 6657: Comprehensive Agrarian Reform Law of 1988
5
RA 6657: Comprehensive Agrarian Reform Law of 1988
reform except those falling under the exclusive CAN A DECISION, ORDER, AWARD OR RULING OF DAR
jurisdiction of the DA and DENR. BE SUBJECT OF JUDICIAL REVIEW? YES, accdg. to Art.
C. Other powers: 54.
- to summon witnesses
HOW CAN THE SUPREME COURT COPE WITH THE
- administer oaths
NUMBER OF AGRARIAN CASES IN EACH PROVINCE?
- require submission of reports
- compel the production of books and 1. The SC shall designate at least one (1) branch of
documents and answer interrogation RTC within each province to act as Special
- issue subpoenas and subpoena duces Agrarian Court.
tecum 2. The SC may designate more branches to
- enforce its writs thru sheriffs or other duly constitute such additional Special Agrarian
deputized officers. Courts.
- To promote direct and indirect contempts
in the summons as provided in the Rules of WHAT IS THE ORIGINAL AND EXCLUSIVE JURISDICTION
Court. OF SPECIAL AGRARIAN COURTS?
SHOULD THE LITIGANTS BE REPRESENTED BY A They shall have original and exclusive jurisdiction:
LAWYER? 1. Over all petitions from the determination of just
The law is silent. It merely provides that compensation to landowners.
responsible farmer-leaders shall be allowed to 2. The prosecution of all criminal offenses under
represent themselves, their fellow farmers or their CARL.
organizations. SECS. 61-63
SEC. 51.FINALITY OF DETERMINATION SOURCE OF FUNDS NEEDED TO IMPLEMENT THIS ACT:
A case shall be decided within 30 days after it is 1. It shall be funded from the Agrarian Reform
submitted for resolution. Fund created under Sections 20 and 2 of EO
Only one (1) motion for resolution is allowed. 229.
2. Additional amounts are hereby authorized to be
An order, ruling or decision becomes final after the appropriated as and when needed to agument
lapse of fifteen (15) days from receipt of a copy the Agrarian Reform Fund in order to fully
thereof. implement the provisions of this Act.
SEC. 52. FRIVOLUES APPEALS SOURCES OF FUNDING ON APPROPRIATION SHALL
INCLUDE THE FOLLOWING:
The DAR may impose reasonable penalties including
but not limited to fines or censures upon erring a. Proceeds of the sales of the Assets Privatization
parties. Trust;
b. All receipts from asses covered thru the PCGG;
CAN THE DAR IMMEDIATELY TAKE COGNIZANCE OF AN
c. Proceeds of the disposition of the properties of
AGRARIAN DISPUTE OR CONTROVERSY?
the Government in foreign countries;
It shall not take cognizance of an agrarian dispute or d. Other government funds not otherwise
controversy unless there is a certification from the BARC appropriated
that the dispute has been submitted to it without any
SEC.64 Financial Intermediary for the CARP. — The
success of settlement.
Land Bank of the Philippines shall be the financial
SECS. 54-57 intermediary for the CARP, and shall insure that the
6
RA 6657: Comprehensive Agrarian Reform Law of 1988
social justice objectives of the CARP shall enjoy a Municipalities to reclassify lands into non-
preference among its priorities. agricultural lands.
SEC. 65. CONVERSION OF FUNDS What lands are not affected by the 15%, 10% or 5%
requirement as above-mentioned?
IS THE RECLASSIFICATION OR CONVERSION OF AN
AGRICULTURAL LAND INTO RESIDENTIAL, Agricultural lands distributed to agrarian reform
COMMERCIAL OR INDUSTRIAL PURPOSES ALLOWED BY beneficiaries.
RA 6657?
Is the said percentage ceiling absolute?
YES, by express provision of Sec 65. Provided,
No, the President may, when public interest so
however, that the beneficiary shall have fully paid his
requires and upon recommendation of the National
obligation.
Economic and Development Authority (NEDA)
RECLASSIFICATION vs. CONVERSION authorize a city or municipality to reclassify lands in
excess of the limits cited above.
RECLASSIFICATION CONVERSION
It is the act of specifying It is the act of changing The DAR has the exclusive power to approve or
how agricultural lands the current use of a piece disapprove land use conversion applications. It is
shall be utilized for non- or agricultural land into different form the power of the LGUs to reclassify
agricultural uses, such as some other use. agricultural land under Sec 20 of the LGC.
residential, industrial,
and commercial as RESPONSIBILITY OF DAR IN CASE OF
embodied in the land use RECLASSIFICATION:
plan, subject to the
requirements and a. DAR should see to it that the land sought to be
procedures for reclassified are not distributed or not covered
conversion. by a notice of coverage or not voluntarily
offered for coverage under CARP. The
It also includes the certification must be secured by the Sanggunian
reversion of non- concerned prior to the enactment of an
agricultural lands to ordinance reclassifying the agricultural land.
agricultural uses. b. DAR’s conversion clearance shall still be
required prior to actual change of the use of the
land.
REQUIREMENT FOR RECLASSIFICATION REQUIREMENT PRIOR TO THE ACTUAL USE OF
1. There should be a public hearing LAND:
2. It should be limited to the following percentage After the reclassification by the LGU, a DAR
of the total agricultural land area at the time of conversion clearance shall be required prior to
the passage of the ordinance, thus: actual change of the use of the land. (OP Memo
a. 15% for highly urbanized and independent Circular No. 54 [1993])
cities;
b. 10% for component cities and third class WHO REALLY HAS THE AUTHORITY TO CONVERT
municipalities; AGRICULTURAL LANDS? LGUs OR DAR? DAR.
c. 5% for four to six municipalities.
3. LGUs are mandated to exercise authority in
accordance with MC 54 of the Office of the
President which authorizes the Cities and
7
RA 6657: Comprehensive Agrarian Reform Law of 1988