Professional Documents
Culture Documents
Property of Moi 2
Agrarian Law Reviewer
-What lands are prioritized under the coverage of agrarian reform program?
Refer to Section 7, RA 6657 amended.
Memory Aid:
1. Phase One: All private agricultural lands in excess of 50 has.
a. Rice and corn lands under PD 27
b. Idle or abandoned lands
c. All private lands voluntarily offered
d. All lands acquired by PCGG
e. All other lands owned by Government
2. Phase Two: Lands 24-50 has.
a. Alienable and disposable lands
b. Arable public agricultural lands
c. Agricultural leases already cultivated
d. Public agricultural lands
e. Private agricultural lands
Property of Moi 3
Agrarian Law Reviewer
3. Phase three: All other private agricultural lands commencing with large landholding and proceeding to medium and
small landholdings:
a. Lands with aggregate landholding of above 10 has to 24 has insofar as excess hectarage is concerned
b. Lands with aggregate landholdings from retention limit up to 10 has
-How are lands acquired by the program?
.VOS (Sec.20, RA 6657)
.Compulsory Acquisition (Sec. 16, RA 6657)
(*Remember, huwata sa nga ihatag if di gani ihatag ara na ka mag apply ug force)
Voluntary Offer to Sell
Landowner may enter into a voluntary arrangement
for direct transfer of their lands to qualified
beneficiaries under the ff. guidelines:
-All notices for VOS must be submitted to DAR
within 1st year of implementation of CARP
-Terms and conditions of transfer shall not be less
favorable to transferee than those of governments
standing offer to purchase.
-Voluntary agreement shall include sanctions for
non-compliance by either party and shall be duly
recorded and its implementation monitored by DAR
*Take note: not anymore allowed as VOS is allowed
up to 2009 only. (ay duh, expired naman gani ang
law)
Compulsory Acquisition
-DAR identifies land to be acquired, its landowner
and beneficiaries (DAR Admin Order 12)
-DAR sends notice to landowner about compulsory
acquisition and price offer by personal means or by
registered mail
-Landowners turn to reply; shall notify DAR of his
acceptance or rejection of offered price
.If owner accepts; Land Bank will pay
landowner of just compensation within 30 days from
execution and delivery of Deed of Transfer and
surrenders Certificate of Title in favor of Govt
.If owner rejects; DAR will determine just
compensation thru summary admin proceedings; if
landowner disagrees with JC, may bring matter to
court
-Taking of immediate possession of land by DAR
.upon payment of JC
-Request by DAR to Register of Deeds to issue TCT
in favor of Government
-Distribution of lands to qualified beneficiaries
*See: Roxas v. CA
Property of Moi 4
Agrarian Law Reviewer
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.
In cases where the fishponds or prawn farms have not been subjected to the Comprehensive Agrarian Reform Law, the
consent of the farm workers shall no longer be necessary, however, the provision of Section 32-A hereof on incentives shall
apply.
c) Lands actually, directly and exclusively used and found to be ne c e s s a r y for national defense, school sites and
campuses, including experimental farm stations operated by public or private schools for educational purposes, seeds and
seedling research and pilot production center, church sites and convents appurtenant thereto, mosque sites and Islamic
centers appurtenant thereto, communal burial grounds and cemeteries, penal colonies and penal farms actually worked by
the inmates, government and private research and quarantine centers and all lands with eighteen percent (18%) slope and
over, except those already developed, shall be exempt from the coverage of this Act.
*Are homestead lands covered under the lands subject to be acquired by the Government?
See: Alita v. CA
-What are retention limits?
These are rights afforded by the program to the landowner to retain not more than 5 hectares of his landholding. (Section 6,
RA 6657)
-Retention limits for spouses: depends upon the property regime governing over their properties;
*If property regime is conjugal or absolute communityspouses can retain only 5 hectares (para ila na ni duha)
*If property regime is separation of propertyspouses can retain 5 hectares each for a total of 10 hectares
-Retention limits for partnerships and corporations:
.Partnership: each member, 5 hectares each, partnership does not retain
.Corporation: each member 5 hectares each, corporation as juridical entity can retain also 5 hectates
(Note: huhu di pa jud ko sure ani huhu based ran is giingon ni Arthur whatever kaayo kay wa daw sha maminaw ug tarong
sa yayabs ni Boro , kaiyak)
-Retention limits for children:
See: Section 6, RA 6657; no distinction between legit and illegit
-How is land valuation done?
PD 27
EO 228
*Value of the land shall be
Average Gross Production
equivalent to 2 times the
per hectare X 2/12 X P35
average harvest of 3 normal (Govt support price for 1
crop years immediately
cavan or 50 kls of palay) or
preceding promulgation of
P31
Decree
RA 6657
Basis as to determination of
just compensation.cost of acquisition of land
.value of standing crop
.current value of like
properties
.nature, actual use and
income
.sworn valuation by owner
.tax declarations
.assessment made by
government assessors
.social and economic
benefits contributed by
RA 9700
Basis as to determination of
just compensation.cost of acquisition of land
.value of standing crop
.current value of like
properties
.nature, actual use and
income
.sworn valuation by owner
.tax declarations
.assessment made by
government assessors
.70% of zonal valuation of
BIR
Property of Moi 5
Agrarian Law Reviewer
Property of Moi 6
Agrarian Law Reviewer
Sec.24, RA 6657: The real purpose of the Torrens system is, to quiet title to land. "Once a title is registered,
the owner may rest secure, without the necessity of waiting in the portals of the court, or sitting in the mirador
de su casa, to avoid the possibility of losing his land". CLOAs have the same indefeasibility as with titles
granted under judicial proceeding as they are also registered with Register of Deeds. Emancipation patents
and CLOAs are enrolled in Torrens System of Registration and in fact, Property registration decree devotes a
chapter on EPs. Hence, they are entitled to the same indefeasibility with TCTs and OCTs.
Property of Moi 7
Agrarian Law Reviewer