1. The document discusses key aspects of Presidential Decree 27 (PD27) and Republic Act 6657, which implemented land reform programs in the Philippines. PD27 covered tenanted rice and corn lands, granting tenant farmers plots of 5 hectares or less depending on land type.
2. It also allowed landowners to retain up to 7 hectares of covered lands if their total holding was below 24 hectares. Landowners could apply for exemption if the land was not used for rice or corn with tenancy.
3. The document outlines the differences between exemption and retention under these laws, and notes landowners may still exercise retention rights over awarded lands, respecting tenants' rights. Only agricultural lands are
1. The document discusses key aspects of Presidential Decree 27 (PD27) and Republic Act 6657, which implemented land reform programs in the Philippines. PD27 covered tenanted rice and corn lands, granting tenant farmers plots of 5 hectares or less depending on land type.
2. It also allowed landowners to retain up to 7 hectares of covered lands if their total holding was below 24 hectares. Landowners could apply for exemption if the land was not used for rice or corn with tenancy.
3. The document outlines the differences between exemption and retention under these laws, and notes landowners may still exercise retention rights over awarded lands, respecting tenants' rights. Only agricultural lands are
1. The document discusses key aspects of Presidential Decree 27 (PD27) and Republic Act 6657, which implemented land reform programs in the Philippines. PD27 covered tenanted rice and corn lands, granting tenant farmers plots of 5 hectares or less depending on land type.
2. It also allowed landowners to retain up to 7 hectares of covered lands if their total holding was below 24 hectares. Landowners could apply for exemption if the land was not used for rice or corn with tenancy.
3. The document outlines the differences between exemption and retention under these laws, and notes landowners may still exercise retention rights over awarded lands, respecting tenants' rights. Only agricultural lands are
> PD27 implemented the Operation Land Transfer Programcovers tenanted rice and corn lands > The requisites for coverage under the Operation Land Transfer program are the following o The land must be devoted to rice or corn crops o There must be a system of share-crop or lease-tenancy obtaining therein > If either is absent, the landowner may apply for exemption > PD27 grants each tenant of covered lands a 5 hectare lot, or in case the lot is irrigated, 3 hectares constituting the family size farm. However, said law allows a covered landowner to retain not more than 7 hectares of his land if his aggregate landholding doesnt exceed 24 hectares > Consequently, a landowner may keep his whole covered land if its aggregate size doesnt exceed the retention limit of 7 hectares > An application for exemption is different from that of retention. They are distinct remedies and thus, judgment in one doesnt preclude the subsequent institution of the other > The right to retention is a constitutionally guaranteed right which is subject to the qualifications by the legislature > Landowners who havent exercised their retention rights under PD27 may exercise their retention rights under RA 6657 > The right to retention may be exercised over tenanted land despite the issuance of the certificate of land transfer to farmerbeneficiaries. What must be protected, however, is the right of the tenants to opt to stay on the land chosen to be retained by the landowner or be a beneficiary in another agricultural land with similar or comparable features > Land awards made pursuant to a governments agrarian reform program are subject to the exercise of the landowner who is qualified to the right of retention > The issuance of emancipation patents or certificates of land transfers doesnt absolutely bar the landowner from retaining the area covered thereby WAIVER OF RIGHT OF RETENTION 1. Executing an affidavit or any other document duly attested by the MARO, Provincial Agrarian Reform Officer, or Regional Director, indicating that he is expressly waiving his right of retention 2. Signing of the landowner-tenant production agreement and farmers undertaking or application for purchase and farmers undertaking, covering subject property 3. Entering into a voluntary land transfer/direct payment scheme agreement 4. Offering the subject landholding under VOS scheme and failure to indicate his retained area 5. Signing or submission of other documents indicating consent to have the entire property covered, such as the form letter of the LBP on the disposition of the case and bond portions of a land transfer claim for payment, and the Deed of Assignment, warranties and undertaking and undertaking executed in favor of the LBP
6. Performing acts which constitute estoppel by laches
7. Doing such act or acts as would amount to a valid waiver in accordance with applicable laws and jurisprudence ONLY AGRICULTURAL LANDS ARE SUBJECT TO THE AGRARIAN REFORM COVERAGE AGRICULTURAL LAND > Refers to land devoted to agricultural activity as defined in this Act and not classified as mineral, forest, residential, commercial or industrial land. AGRICULTURAL ACTIVITY > Means the cultivation of the soil, planting of crops, growing of fruit trees, 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 of juridical. WHAT ARE EXCLUDED? 1. Lands converted to non-agricultural use before the effectivity of CARL are outside the coverage 2. Farms used for livestock, poultry and swine not covered 3. Agricultural lands reclassified by LGUs into residential, commercial, or industrial uses excluded 4. Lands used for academic or educational purposes exempted 5. Homesteads are excluded JURISDICTION OF DAR > Matters involving the administrative implementation of the transfer of the land, such as the giving out of notices of coverage to the tenant-farmer under PD27 and amendatory and related decrees, rules and regulations, shall be exclusively cognizable by the Secretary of Agrarian Reform, including the issuance, recall, or cancellation of emancipation patents or certificates of land ownership award, save when such certificates of land transfer have been registered with the RD, in which instance the recalling authority would be the DARAB DEEMED TO BE THE OWNERAS DEFINED IN PD 27 > Grantee of a certificate of land transfer must be construed within the policy framework of PD 27 and interpreted with other stipulations of the certificate issued pursuant to the Decree
PD27 was anchored upon the fundamental
objective of addressing valid and legitimate grievances of land ownership giving rise to violent conflict and social tension in the countryside
SCOPE OF THE COMPREHENSIVE AGRARIAN
REFORM LAW OR REPUBLIC ACT 6657 > Agrarian Reform means the redistribution of lands, regardless of crops or fruits produced, to farmers and regular farm workers 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 stock, which will allow beneficiaries to receive a just share of the fruits of the lands they work. EXEMPTIONS AND EXCLUSIONS 1. Lands actually, directly and exclusively used for parks, wildlife, forest reserves, reforestation, fish sunctuaries and breeding grounds, watersheds and mangroves shall be exempt from the coverage of this Act.
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 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 workerbeneficiaries or tenants who shall from 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. 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 seedlings 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. (As amended by R.A 7881)
The State shall respect the right of small
landowners, and shall provide for voluntary landsharing
EFFECT OF VOID CONVEYANCE
> Where the parties to a sale of a portion of the public domain covered by homestead patent have been proven to be guilty of having effected the transaction with knowledge of the cause of its invalidity, the sale is null and void and shall cause the reversion of the property to the State RULE OF PARI DELICTO NOT APPLICABLE > The principle of in pari delicto is not applicable to cases when its application would run counter to the an avowed public fundamental policy or to public interest > Whether as a result of the void sale the land reverted to the State is a point between the State and the grantee of the homestead and his heirs. In any event, the plaintiffs right to the possession and use of the property can hardly be disputed while the government doesnt take steps to assert its title to the homestead. Reversion isnt automatic. As long as the government has not chosen to act, the rights of the patentee stand and must be recognized in the courts of law. REPURCHASE OF LAND BY APPLICANT OR HIS HEIRS > Sanctioned by Section 119 of the Public Land Act > The right to repurchase attaches to every alienation and encumbrance, and that right can be exercised even in the absence of any stipulation in the deed of sale
PRESIDENTIAL DECREE 27 LAID DOWN A SYSTEM
FOR THE PURCHASE BY SMALL FARMERS OF THE LANDS THEY WERE TILLING
> To give the homesteader or patentee every chance to
preserve for himself and his family the land that the state had gratuitously given to him as a reward for his labor in cleaning and cultivating it
> Presidential Decree 27 was anchored upon the
fundamental objective of addressing valid and legitimate grievances of land ownership giving rise to violent conflict and social tension in the countryside > Recognized the necessity to encourage a more productive agricultural base to the countrys economy
> The five-year period starts from the date of execution of
the deed of sale, and not from the date of registration in the office of the Register of Deeds. This is true even if the full payment of the purchase price is not made on the date of conveyance unless there is stipulation to the contrary.
The certificate of land transfer under Presidential
Decree 27 provides that the tenant farmer is deemed to be the owner of the agricultural land subject to the conditions that the cost of the portion transferred to him, including the interest, shall be paid in 15 equal annual amortizations, and that he must be a member of a barrio association upon organization of such association in his legality
RA 6657 OR COMPREHENSIVE AGRARIAN REFORM
LAW OF 1988 > Agrarian reform program is founded on the right of farmers and regular farm workers, who are landless, to own directly or collectively the lands they till, or in case of other farm workers, to receive a just share on 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 the law, taking into account ecological, developmental, and equity considerations and subject to the payment of just compensation
A HOMESTEAD IS EXEMPT FROM CARP COVERAGE
RULE WHEN HOMESTEAD IS SUBJECT OF MORTGAGE > The five-year period begins from the date when the deed of absolute sale is executed and the property is formally transferred to the purchaser PROHIBITION AGAINST ALIENATION OF LANDS ACQUIRED UNDER THE HOMESTEAD AND FREE PATENT PROVISIONS > Section 116. Except in favor of the Government or any of its branches, units or institutions, or legally constituted banking corporations, lands acquired under the free patent or homestead provisions shall not be subject to encumbrance or alienation from the date of the approval of the application and for a term of five years from and after the date of issuance of the patent or grant, nor shall they become liable to the satisfaction of any debt contracted prior to the expiration of said period; but the improvements or crops on the land may be mortgaged or pledged to qualified persons, associations, or corporations. (As amended by section 23 of Act No. 3517). > Section 119. Except with the consent of the grantee and the approval of the Secretary of Agriculture and Natural Resources, and solely for commercial, industrial,
educational, religious or charitable purposes or for a right
of way, no corporation, association, or partnership, may acquire or have any right, title, interest, or property right whatsoever to any land granted under the free patent, homestead or individual sale provisions of this Act or to any permanent improvement on such land. (As amended by section 24 of Act. No. 3517). > Section 120. No land originally acquired in any manner under the provisions of this Act, nor any permanent improvement on such land, shall be encumbered, alienated, or transferred, except to persons, corporations, associations, or partnerships who may acquire lands of the public domain under this Act; to corporations organized in the Philippine Islands authorized therefor by their charters, and upon express authorization by the Philippine Legislature, to citizens of countries the laws of which grant to citizens of the Philippine Islands the same right to acquire, hold, lease, encumber, dispose of, or alienate land, or permanent improvements thereon, or any interest therein, as to their own citizens, only in the manner and to the extent specified in such laws, and while the same are in force, but not thereafter. > Section 122. Any acquisition, conveyance, alienation, transfer, or other contract made or executed in violation of any of the provisions of sections one hundred and sixteen, one hundred and eighteen, one hundred nineteen, one hundred and twenty, and one hundred and twenty-one of this act shall be unlawful and null and void from its execution and shall produce the effect of annulling and canceling the grant, title, patent, or permit originally issued, recognized, or confirmed, actually or presumptively, and cause the reversion of the property and its improvements to the Government.
Section 122(A). The provisions of sections twenty
three, twenty four, thirty four, fifty seven, one hundred and twenty, and one hundred and twentyone of this Act, and any other provisions or provisions restricting or tending to restrict the right of persons, corporations, or associations to acquire, hold, lease, encumber, dispose of, or alienate land in the Philippines, or permanent improvements thereon, or any interest therein, shall not be applied in cases in which the right to acquire, hold or dispose of such land, permanent improvements thereon or interests therein in the Philippine Islands is recognized by existing treaties in favor of citizens or subjects of foreign nations and corporations or associations organized and constituted by the same, which right in so far as it exists under such treatise, shall continue and subsist in the manner and to the extent stipulated in said treaties, and only while these are in force, but not thereafter.