PD 6657 5 hectares ang limit.

If more, children above 15 can have 3 hectares

Prior to aug. 3, 1998 absolute
After aug 3, 1998 conjugal
Sa absolt 5 hectares for both
Sa conjugal
Sa exclusive 5 hectares

Retention limits agricultural lands retained by landowner and children

Exemption and exclusion not covered land for fis
Forest wild life
National defense
Privilege to choose kinsa ang beneficiary, landowner
Tenant has right to chose whether to retain as a lessee or ____. If lessee, cannot be beneficiary.
Just Compensation:
Factors for determination of : (1) tax dec,
(2)
RA 9700 added that ___% zonal value

court has jurisdiction

25% in cash, the rest through negotiable instruments/shares of stocks

Who are qualified beneficiaries RA 6657 (in priority)

Agricultural lessees or tenants
Regular farm workers
Seasonal farm workers
etc etc
Others directly working on the land
If ibaligya nila ilang yuta, disqualified na

Grupong tagapagpamayapa
PROCEEDING
-separate from lupon; to consolidate all agricultural dispute
-BARK/PARK first before mu fle ug case sa DAR
-if no existing BARK,
-DAR has primary and exclusive jurisdiction over matters of agrarian reform implementation
-but agrarian dispute, with the DARAB
-exhaustion of administrative remedies
-being a quasi-judicial body, they can summon, otherwise, in contempt
-without prejudice to CA, decisions of DARAB is immediately executory, except (?) involving just
compensation
[[[[READ CASE OF machete v CA 250 scra 176 differentiate DAR vs DARAB, kung asa mag dispute over
implementation ]]]]
-cuz if lack of jurisdiction, dismiss
-

Determination of Just Compensation

o
DAR can primarily determine
o
But DAR has no jurisdiction over criminal cases (illegal conversion)
DAR and DARAB are not under jurisdiction of SC
DAR Administrative No. 06-00 - rules of procedure for agrarian law implementation cases
Look also for rules of produce for DARAB
any decision of DAR may go to CA, within 50 days
in admin cases, only substantial evidence an evidence which a reasonable man might accept
as adequate to support as conclusion

[[[[[[[READ CASE 186 scra 704]]]]]]]]]]]

[[[[[[Sec 65 ]]]]]]]]