Professional Documents
Culture Documents
SCOPE
Commercial Farms
(RA 6657, Section 11)
(a)
(b)
(c)
(d)
(e)
Saltbeds;
Fruit farms;
Orchards
Vegetable and cut-flower farms
Cacao, coffee, rubber plantation.
Exclusions:
Lands actually directly and exclusively
used for: parks, wildlife, forest reserves,
reforestation, fishponds sanctuaries and
breeding grounds, watersheds and
mangroves, prawn farms, penal
colonies, school cites, cemeteries,
church, mosque, research centres lands
with 185 slope or over and Ancestral
Lands.
Corporate Farms
(Sec 8 & 29)
(a) All lands of public domain, leased,
held or possessed by multinational
corporations or associations;
(b) Other lands owned by the
government or government owned and
controlled corporations, associations,
institutions or entities devoted to
existing and operational agribusiness or agro-industrial
enterprises
operated by multinational corporations .
(RA 6657, Section 8)
MODES OF
ACQUISITION
Compulsory Acquisition
(RA 6657, Section 16)
RETENTION LIMIT
10 years from:
the effectivity of RA 6657 for farms
Compulsory Acquisition
IMPLEMENTATION
DISTRIBUTION
SCHEME
DISTRIBUTION
LIMIT
QUALIFIED
BENEFICIARIES
QUALIFICATIONS
6657.
6657
Agricultural Land
Commercial Farms
Corporate Farms
Individually
Direct
(For individual worker-beneficiaries.)
Collectively
(If land is not economically feasible and
sound to divide.)
Indirect
(If it is not economically feasible and
sound to divide the land.)
Issuance of CLT
(merely qualifies the tenantbeneficiary to possess the land and
comply with certain conditions
preparatory to ownership.)
-oOo-
Based on Priorities:
(1) Lands more than 50 hectares
(June 30, 2012);
(2) Lands 24 up to 50 hectares;
Lands 10 up to 24 hectares
(June 30, 2013); and
(3) Lands 5 up to 10 hectares
(June 30, 2014)
Maximum of 3 hectares
(RA 6657, Sec 23)
-oOo-
-oOo-
Issuance of EP
(vest absolute ownership)
3 hectares, if irrigated
5 hectares, if not irrigated
(1)Agricultural lessees and share tenants;
(2) Regular farm workers;
(3) Seasonal Farm Workers;
(4) Other Farm Workers;
(5) Actual Tillers or occupants of public
land;
(6)Collectives or cooperatives;
(7) Others directly working on the land
a. Filipino Citizen;
b. Resident of the same Brgy. or
municipality of the land;
c. 15 y/o at the identification,
screening and selection;
d. Willing, able and equipped with
aptitude to cultivate and make land
productive.
DISQUALIFICATIONS
a.
b.
c.
d.
e.
-oOo-
-oOo-
PROCEDURES
LEASEHOLD
a.
b.
c.
d.
APPLICATION
TERMS
DETERMINATION
OF
LEASE RENTALS
EXTINGUISHMEN
T
INDEFINITE
Lands
Deductions
Value of the cost of seeds/cane points, harvesting, hauling, and/or trucking fee and
cost of processing.
Coconut lands
1.
2.
3.
DISPOSSESSION
1.
2.
3.
4.
5.
6.
7.
Land has been declared to be suited for residential or other urban purposes;
Failure of the lessee to substantially comply with any of the terms and conditions and/or provisions of CAR;
Lessee misused the landholding for other crops or purposes not agreed upon;
Lessee failed to adopt proven farm practices (CAR, Section 29, par 3);
Land or other substantial permanent improvement is substantially damaged or destroyed or unreasonably deteriorated;
Lessee does not pay the lease rental when it falls due; and
Lessee employed a sub-lessee on his landholding.
JUST COMPENSATION
1.
2.
COMPULSORY
ACQUISITION AND
DISTRIBUTION
PROCESS
DETERMINATION
VALUATION OF
JUST
COMPENSATION
RECKONING OF
VALUATION OF
JUST
COMPENSATION
Formula:
CNI x 0.60 + CS x 0.30 + MV x 0.10 = Land Value -------- All factors are present;
CS x 0.90 + MV x 0.10 = Land Value ------------------------ Capitalized Net Income is not present;
CNI x 0.90 + MV x 0.10 = Land Value ----------------------- Comparable Sales is not present; and
MV X 2 = Land Value ------------------------------------------ CS and CNI are not present
2. Time of full payment of just compensation, only in cases of undue delay in payment. (Lubrica v. Land Bank, GR No. 170220, 2006).
(RA 6657, Section 17)
MODE OF
PAYMENT
OF
1.
2.
3.
Shares of stocks in government-owned or controlled corporations, preffered shares of the Land Bank, physical assets or other qualified investments;
Tax credits which can be used against any tax liability; and
Land Bank bonds:
a. Bonds shall mature every year until the 10th year;
b. Transferable and negotiable; or
c. Can be used for:
COMPENSATION
i.
Acquiring land or real property of government, assets of Assets Privatization Program or those foreclosed by government financial institutions (same
prov.);
ii.
Acquisition of shares of stocks of government-owned and controlled corporations or private corporations;
iii.
Bail bonds;
iv.
Security loans with government financial institutions;
v.
Payment for various taxes and fees to government;
vi.
Payment for tuition of the immediate family member of the original bondholder;
vii.
Payment for fees of the immediate family member of the original bondholder in government hospitals.
(RA 6657, Section 18)
AMORTIZATION
5% of the annual gross production established by DAR
BASIS
SCHEDULE OF
PAYMENT
CONVERSION
a.
COMPARISON
Conversion
Act of changing the current use of a piece of agricultural
land or crops into some other use or of the higher value as
to the crops.
a.
b.
c.
Reclassification
Act of specifying how agricultural lands shall be utilized for non-agricultural uses as
embodied in the land use plan;
Subject to the requirements and procedures for land use conversion;
Not sufficient to use agricultural land for non-agricultural purpose
APPLICANTS
a.
b.
Beneficiary; or
Land owner with respect only to his retained area which is tenanted.
PERIOD OF
FILLING
APPLICATION
a.
b.
a.
b.
c.
LIMITATIONS
CONVERSIONS TO
FISHPONDS
AND/OR
PRAWN FARMS
d.
a.
b.
c.
d.
e.
Only when the coastal zone is declared suitable for fishpond development
by the Provincial Government and BFAR.
(RA 6657, Section 65-A)
POST IMPLEMENTATION
PROHIBITIONS
COMPARISON
ISSUANCE
TITLE NAME
a.
a.
b.
c.
d.
e.
f.
CANCELLATION
JURISDICTION
Individual title; or
Collective title (for collective ownership only)
(RA 6657, Section 25)
Individual title
Grounds:
Abandonment;
Neglect or misuse;
Failure to pay 3 annual amortizations
Misuse or diversion of financial support services;
Sale, transfer or conveyance of the rights to use the land; and
Illegal conversion
INCENTIVES
a.
b.
c.
VOLUNTARY
OFFER FOR SALE
Additional 5% cash payment (applicable only to landowners other than banks and other financial institutions)
(RA 6657, Section 19)
SHARES
STANDING CROPS
Those unharvested at the time DAR acquired and take possession of the land under RA 6657, Section 16. (Subject to a reasonable time to harvest such crops.)
(RA 6657, Section 28)
a.
b.
c.
SUPPORT SERVICES
SUPPORTED
SERVICES
FUNDING
SYSTEM
FOR
AGRARIAN
REFORM
BENEFICIARIES
All of which may accept purchase orders, marketing agreements or expected harvest as COLLATERAL for loans.
FOR
RURAL WOMEN
FOR
LANDOWNERS
LAND
CONSOLIDATION
LOANS shall be used in improvement or development of the farmholding to enhance production, marketing and/or increase farm income.
From the remaining 70% for the support services:
A. 15% shall be earmarked for farm inputs (as requested by duly accredited agrarian reform beneficiaries)
1. Seeds, seedlings and/or planting materials;
2. Organic Fertilizers;
3. Pesticides;
4. Herbicides; and
5. Farm animals, implements/machineries
B. 5% for seminars, trainings and the like
c. Technology transfer;
d. Infrastructure (e.g storage facilities, mini dams, etc.); and
e. Liberalized access to credits.
(RA 6657, Section 37)
Guarantee and assurances:
a. Equal right to ownership of the land;
b. Equal shares of the farms produce; and
c. Representation in advisory or appropriate decision-making bodies.
(RA 6657, Section 37-A)
a. Incentives for investing in rural-based industries;
b. Land Bank will redeem the landowners agrarian reform bond at its face value of at least 50% of the proceeds thereof are invested in a Board of Investmentsregistered company or agro-business enterprise in region covered by CARP;
c. Additional 2% cash incentive (Provided that landowner maintained his enterprise as a going concern or kept his investment in BOI-registered firm for 5 years.)
(RA 6657, Section 38)
a.
b.
c.