Professional Documents
Culture Documents
1.
3.
point
for
having
recognized
PRVATE
OWNERSHIP.
5.a.1.e. Pope John III in his Encyclical
Pacem In Terris quotes St. Thomas
Aquinas who says Human law has
the true nature of law only in so far as
it corresponds to right reason, and
therefore is derived from the eternal
law. Insofar as it falls short of right
reason, a law is said to be a wicker
law and so lacking the true nature of
law it is rather a kind of violence.
5.a.2. Legal Political Aspect
5.a.2.a. Basis =
1. Philippines Constitution
2.Principle of Democratization of
Wealth and Property
5.a.2.b. Sec. 12 Art. XIV 1973 Constitution
5.a.2.c. Democratization simply means the
sharing of private wealth with the entire
society, and this calls for the regulation of
property for collective human ends.
5.a.2.d. The Supreme Court subjected private
ownership to some kinds of restraints and
burdens, upholding agrarian reform and
vesting if formally with legality.
5.a.3. Social Aspect
5.a.3.a. Agrarian Reform is Land Reform Plus
Man Reform
5.a.3.b. Social Justice
5.a.3.c. Salus populi est suprema lex
5.a.3.d. Sec utera tuo ut alienum non laedas.
5.a.4. The Economic Aspect
5.a.4.a. Agrarian Reform abolishes share
tenancy which is the root cause of
injustice
5.a.4.b. It uphold the economic tiller of the soil
and protect his freedom against
pernicious and immoral economic
practices.
FIRST STAGE
SHARE TENANCY
Republic Act No. 1199 The Agricultural
Tenancy Act of the Philippines- Effectivity- August 20,
1954
SECOND STAGE
AGRICULTURAL LEASEHOLD
Republic Act No. 3844- Agricultural Land
Reform Code- Effectivity August 8, 1963.
Republic Act. No. 6389-Code of Agrarian
Reform Effectivity September10, 1971
Presidential Decree No. 1425- Amending
Presidential Decree No. 1040 by Strengthening the
Prohibition against Agricultural Share Tenancy and
Providing Penalties for Violation Thereof - Effectivity
June 10, 1978- Penalties Two (2) Year imprisonment
or fine of not more than P5000.00 or both.
THIRD STAGE
131
Reform
AGRICULTURAL
LEASEHOLD
3.i.1.d.There
will
be
an
EQUITABLE
DISTIRBUTION OF LANDS but with due
regard to the rights of landowners to
JUST COMPENSATION. (2nd par.)
3.i.1.e. * The agrarian reform program is founded
on the right of farmers and regular
farmworkers, who are landless, TO OWN
directly or collectively the land they till or
in the case of other farmworkers to
receive a JUST SHARE of the fruits
thereof. (3rd Par.)
The state shall encourage and undertake
the
JUST
DISTRIBUTION
OF
ALL
AGRICULTURAL LANDS, subject to the
PRIORITIES and RETENTION LIMITS set forth in
this Act, taking into account ECOLOGICAL,
DEVELOPMENTAL and EQUITY consideration
and subject to the payment of JUST
COMPENSATION. (3rd par.)
The state shall apply the principles of
AGRARIAN REFORM OR STEWARDSHIP in the
disposition or utilization of the other natural
resources, including lands of the public domain,
under lease or concession suitable to agriculture,
subject to PRIOR RIGHTS, HOMESTEAD
RIGHTS of small settlers and the rights of
INDIGENOUS COMMUNITIES to their ancestral
lands (5th par)
Ancestral lands of each indigenous
cultural community shall include, but not be
limited to lands in the actual, continuous and
open possession and occupation of the
community and its members.
The State may RESETTLE landless
farmers and farmworkes in its OWN agricultural
b.
c.
d.
Private
lands
voluntarily offered by the
owners for agrarian reform
4. Foreclosed
land
by
government
financial
institutions;
5.Land
acquired
by
the
Presidential
Commission on
Good Government; and
6.All other lands owned by the
Government
devoted to or
suitable for agriculture
These shall be acquired
and distributed immediately
upon effectivity of the Act, with
the
implementation
to
be
completed within a period of not
more than four (4) years (Sec. 7,
par. 2, RA 6657)
Phase Two:
1.All Disposable and alienable
public agricultural lands;
2.All Arable public agricultural
lands under agro-forest, pasture
and agricultural leases already
cultivated and planted
for
3.L.8.Those
by
Presidential
lands
declared
other than
agricultural.
In effecting the Transfer of Land
PRIORITY must be given to lands that are
tenanted:
3.L. What lands are not covered by CARP
3.L.1
E.
Program
(ISFP)
through
STEWARDSHIP CONTRACT.
3.o.2. The MODES OF ACQUIRING LANDS
for distribution under CARP
3.o.2.a.COMPULSORY ACQUISITION
(CA) (Sec. 16, RA 6657)
3,o.2.b.VOLUNTARY OFFER TO
SELL (VOS) (see 19, RA 6657)
3.o.2.c.VOLUNTARY
LAND
TRANFER/DIRECT
PAYMENT
SCHEME (VLT/DPS) Sec. 20,
RA 6657.
3.o.2.d.OPERATION LAND TRANSFER
(OLT) under PD 27 and EO
228; and
3.o.2.e.EXECUTIVE ORDER No. 407,
as amended by EO 448, EO
506, AO No. 03, Series of 1996
and AO No. 9, Series of 1997,
for
lands
OWNED
BY
GOVERNMENT AGENCIES in
a proprietary capacity or the
pubic A & D lands under their
administration by virtue of
presidential proclamation.
3.o.3. Procedure for Acquisition of
Private Agricultural Lands (Sec 16.
RA
6657)
COMPULSORY
ACQUISITION
3.o.3.a. DAR IDENTIFIES the LAND,
the LANDOWNER and the
BENEFICIARIES.
3.o.3.b. DAR send NOTICE TO
ACQUIRE THE LAND (Offer of
the DAR to pay a corresponding
value) to the owner thereof, by
personal
delivery
or
registered mail, and post the
same in a conspicuous place in
the
municipal
bldg.
and
Barangay Hall of the place
where the property is located.
3.o.3.c. Landowner/Administrator/Representative inform the DAR of his
ACCEPTANCE or REJECTION of
the offer within thirty (30) days
from date of receipt of written
notice by personal delivery or
registered mail.
3.o.3.d. If landowner ACCEPTS the offer of
the DAR, the LBP pays the
landowner the purchase price of the
land within thirty days after he
executes and delivers a deed of
transfer in favor of the government
and surrenders the Certificate of
Title and other muniments of title
3.o.3.e. In case of rejection or failure to
reply, the DAR shall conduct
SUMMARY
ADMINISTRATIVE
PROCEEDINGS to determine the
compensation for the land by
requiring the landowner, LBP and
other interested parties to submit
evidence as to just compensation for
the land within 15 days from
receipt of notice after which the
case to deemed submitted for
decision.
The DAR shall decide the case
within 30 days after it is submitted
for decision.
as
Land Value
Capitalized Net Income
Comparable Sales
Market Value per Tax Declaration
Classification,
identification,
inclusion, exclusion, qualification,
or disqualification of potential/actual
farmer-beneficiaries;
3.3
3.4
3.5
3.6
Application
for exemption
from
coverage under Section 10 of RA
6657;
3.7
3.8
3.9
1.6
by
3.T.B.9.Material
Misrepresentation
Qualification by the Beneficiary
of
Entry
and
Unlawful
of