AGRARIAN LAW AND SOCIAL LEGISLATION

REVIEWER
HISTORY OF PHILIPPINE AGRARIAN LAWS
Rice Share Tenancy Act enacted to regulate
the relationship between landlords and tenants
on rice lands. (amended by Commonwealth Act
178, amended by RA no. 34 by introducing
changes in crop division, amended by RA 2263))
Sugar Tenancy Act enacted to regulate the
relationship between landlords and tenants on
lands planted to sugar cane. (amended by
Commonwealth Act 271 by extending its
application to sugar farm workers)
Agricultural Share Tenancy Act (RA 1199) it
repealed all the earlier tenancy laws except the
Sugar Tenancy Act.
Agricultural Land Reform Code of 1963 (RA
3844) abolished share tenancy. In its place, it
instituted the agricultural leasehold system.
(amended by Code of Agrarian Reforms,RA
6389)
Tenant Emancipation Law (PD No. 27)
promulgated by Ferdinand E. Marcos which
provided for the transfer of lands primarily
devoted to rice and corn to the tenants.
EO No. 228 (July 17, 1987) declaring full land
ownership to qualified beneficiaries covered by
PD 27.
Executive Order 129-A
modifying
EO
129
Strengthening DAR

(July 26, 1987) Reorganizing

and

Proclamation 131 (July 22, 1987) - Instituting a

Comprehensive Agrarian Reform Program.
CARP of 1988 (RA 6657, June 10, 1988)
amended certain provisions by RA 7881,
strengthened by RA 9700.
TRANSFER OF PRIVATE AND PUBLIC LANDS
TO FARMER BENEFICIARIES
Sec. 3 (a) Definition of Agrarian Reform
Agrarian Reform the redistribution of lands,
regardless of crops or fruits produced to farmers
and regular farmworkers 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 stocks, which will allow beneficiaries to
receive a just share of the fruits of the lands
they work.
Sec. 4 Scope
CARL of 1998 shall cover, regardless of tenurial
arrangement and commodity produced, all

public and private agricultural lands, including

other lands of the public domain suitable for
agriculture: Provided, that landholdings of
landowners with a total area of 5 hectares and
below shall not be covered for acquisition and
distribution to qualified beneficiaries.
The ff. lands are covered by CARP:
a. All alienable and disposable lands of the
public domain devoted to or suitable for
agriculture.
b. All lands of the public domain in excess
of the specific limits as determined by
Congress in the preceding paragraph;
c. All
other
lands
owned
by
the
Government devoted to or suitable for
agriculture;
d. All private lands devoted to or suitable
for
agriculture
regardless
of
the
agricultural products raised or that can
be raised thereon.
Land NOT covered by CARP:
a. Private lands with a total area of 5
hectares and below;
b. Lands actually, directly, and exclusively
used for parks, wildlife, forest reserves,
reforestation,
fish
sanctuaries
and
breeding grounds, watersheds and
mangroves;
c. Private lands actually, directly and
exclusively used for prawn farms and
fishponds
d. Lands actually, directly and exclusively
used and found to be necessary for:
national defense, school sites and
campuses, experimental farm stations,
seeds and seedling research and pilot
production, church sites and convents,
mosque sites and Islamic centers.
Communal
burial
grounds
and
cemeteries, penal colonies and penal
farms, research and quarantine centers,
all lands with 18 % slope and over,
except those already developed.
Sec.
7
Priorities
Acquisition
and
Distribution Scheme
All remaining agricultural lands during the 5 yr
extension period up to June 30, 2014, in the
following order of priority:
a. Lands with an area of more than 50
hectares, specifically:
1. Those
subjected
to
Notice
of
Coverage on or before 12-10-08
2. Rice and corn lands
3. Idle or abandoned lands
4. Private lands voluntarily offered
5. Lands foreclosed
6. Lands acquired by the PCGG
7. All other lands owned by the
government devoted to or suitable
for agriculture
b. Lands with an area of 24 hectares up to
50 hectares, specifically:
c. Lands with an area of more than 10
hectares up to 24 hectares
d. Lands from the retention limit up to 10
hectares.

Qualified beneficiaries only farmers and

regular farmworkers actually tilling the lands, as
certified under oath by the BARC and attested
under oath by the landowners.

3. Approved survey plan

If LO fails to submit, the land will be subjected
to compulsory acquisition.

Sec. 16 Land Acquisition (Compulsory

Acquisition)
Procedure:
1. Identification by the DAR of the land,
landowner and beneficiary;
2. Notice by the DAR to the landowner about the
compulsory acquisition and the price offer by
mail and posting in brgy hall and municipal hall
3. Reply by the landowner about his acceptance
or rejection of the offered price.
-If LO accepts price, LBP will pay LO within 30
days from execution and delivery of Deed of
Transfer
-If LO rejects, DAR will determine just
compensation thru administrative proceedings;
If LO disagrees with the decision of the
DAR, he may bring the matter to the regular
courts of justice for final determination of just
compensation.
4. Taking of immediate possession of the land
by the DAR.
- If LO receives the corresponding payment; or
-If LO does not respond to the Notice of
Acquisition.
5. Request by the DAR to the Registry of Deeds
to issue a TCT to the Republic of the Phil.
6. Distribution of the land to the qualified
beneficiaries.

LANDS
NOT
ACQUISITION

2 NOTICES required for the validity of

implementation:
1. Notice of Coverage pursuant to DAR AO
No. 12, s. 1989
2. Notice of Acquisition pursuant to Sec 16
of CARL
Failure to comply with the proper procedure
would be a violation of constitutional due
process and should be deemed arbitrary,
capricious, whimsical, and tainted with grave
abuse of discretion.
When title/ownership is transferred to the
State? upon full payment of the just
compensation. Until the JC is finally determined
and fully paid, the title/ownership remains with
the LO. Even if DAR deposited the offered price
with the LBP, it does not warrant the
cancellation of the LOs title.
Opening of a trust account does not constitute
payment because the law requires just
compensation to be paid in cash and LBP bonds
and not by trust account.

Sec. 19
Land Acquisition (Voluntary
Offer to Sell)
Incentives: LO is entitled to an additional 5%
cash payment.
Documentary Requirements:
1. Title or proof of ownership, if untitled;
2. Tax declaration; and

COVERED

BY

LAND

Sec. 6 Retention Limits

LO has the right to retain not more than 5
hectares of his landholdings. The retained area
need not be personally cultivated by the LO
cultivation can be done indirectly through labor
administration.
Can a LO who already exercised his retention
rights under PD 27 be entitled to retention right
under CARL?
No more. However, if the LO chooses to retain
5 hectares under CARL, the 7 hectares
previously retained by him under PD 27 shall be
immediately placed under the coverage of CARL.
Can spouses retain 5 hectares each under
CARL? It depends.
a. If the property regime is conjugal or
absolute community the spouses can
retain only 5 hectares.
b. If the property regime is separation of
property the spouses can retain 5
hectares each (a total of 10 hectares)
Who has the right to choose the retention area?
the landowner.
The chosen area should be COMPACT and
CONTIGUOUS. As long as the area to be
retained is compact and contiguous and it does
not exceed the retention ceiling of 5 hectares,
the LOs choice of the area to be retained must
prevail.
The LO should exercise his right of retention
within 60 days from receipt of the Notice of
Coverage. If he does not exercise his right of
retention within the specified period, the MARO
will designate the retained area for the LO. If LO
disagrees with the selected area, he may file a
protest with the MARO.
Can a LO exercise his right to retention over the
land which has already been covered by an EP
or CLOA?
-The issuance of EP or CLOA to beneficiaries
does not absolutely bar the LO from retaining
the area covered thereby. If the LO has been
deprived of his right to retention, he may file a
petition for cancellation of the EP or CLOA that
may have been issued to the tenants.
Under AO no. 2, s. 1994, an EP or CLOA may be
cancelled if the land covered is later found to be
part of the LOs retained area. (Daez v. CA)
If the retention area chosen by the LO is
tenanted, what happens to the tenant?
The tenant may choose in whether to
remain therein or be a beneficiary in the

same or another agricultural land with

similar or comparable features.
The tenant must choose within 1 year
from the time the LO manifests his
choice of the area for retention.

Elements of tenant-landlord relationship:

1. The LO has engaged a person to
personally cultivate an agricultural land;
and
2. The LO is compensated in terms of share
in the produce (share tenancy) or in
terms of a price certain or ascertainable
in produce or in money or both
(leasehold tenancy).
Effect if the tenant chooses to remain in the
retained area:
-He will no longer be considered as a tenant but
as an agricultural lessee and he will no longer
qualify as an agrarian reform beneficiary.

Term of lease: the agricultural leasehold relation

once established continues until such leasehold
relation is extinguished through:
a. Abandonment or voluntary surrender of
the landholding by the lessee; or
b. Absence of successor in the event of
death or permanent incapacity of the
lessee
The relation is not necessarily extinguished by
death or incapacity, it continues between the
lessor and the person who can cultivate the
landholding personally, which the lessor can
choose from: surviving spouse; the eldest direct
descendant; or the next eldest descendant.
Effect if the tenant chooses to be a beneficiary:
He loses his right to be a lessee of the
land retained by the LO.
Children of the LO are entitled to 3 hectares
each. If the LO owns more than 5 hectares of
agricultural land, the excess area may be
awarded to the children of the LO to the extent
of 3 hectares for each child under the ff.
conditions:
1. The child is at least 15 yrs old; and
2. The child is actually tilling the land or
directly managing the farm
The child need not directly or personally till the
land it is enough that he directly manages the
farm.
General Rule: Lands awarded to children cannot
be sold, transferred, conveyed within 10 years.
EXCEPT: a. through hereditary succession; b. to
the government; c. to the LBP;
d. to other
qualified beneficiaries
Children or Spouse may repurchase within 2
years from date of transfer
Sec. 6-A. Exception to Retention Limits
Local
Government
Units
expropriating
agricultural lands for actual, direct and exclusive

public purpose shall not be subject to the 5

hectare retention limit
Process: Land will be acquired by the National
Government through the DAR with just
compensation to the landowner then, DAR will
distribute the land to the Agrarian beneficiaries.
After that, LGU will expropriate the land and pay
agrarian beneficiaries just compensation.
Sec. 10. Exemptions and Exclusions
1. Lands
actually,
directly
and
exclusively used for parks, wildlife,
forest reserves, reforestation, fish
sanctuaries and breeding grounds,
watersheds and mangroves.
2. Private lands actually, directly and
exclusively used for prawn farms and
fishponds, Provided, said prawn
farms and fishponds have not been
distributed and CLOA issued to
beneficiaries under CARP.
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
seedling research, church sites,
cemeteries, penal colonies and all
lands with 18% slope and over,
except those already developed.
Lands
already
classified
for
residential,
commercial or industrial use by the Housing and
Land Use Regulatory Board prior to the
effectivity of the CARL are NOT subject to
agrarian reform.
Natalia Realty v DAR: The undeveloped
portions of the subdivision cannot be considered
agricultural lands. These lots were intended for
residential use. They ceased to be agricultural
lands upon approval of their inclusion in the
Lungsod Silangan Reservation. Even today, they
are continued to be developed as low cost
housing subdivision. These lands are still
residential lands and outside of the ambit of
CARL.
Since Natalia lands were converted prior to
June 15, 1988, DAR is bound by such
conversion.

CMU v DARAB: By the very nature of the CMU,

which is a school established to promote
agriculture and industry, the need for vast tract
of agricultural land for future expansion is
obvious. As to the determination of when and
what lands are found to be necessary for use by
the CMU, the school is in the best position to
resolve and answer the question and pass upon
the problem of its needs in relation to its
avowed objectives.
Secretary of Agrarian Reform has the
jurisdiction and authority to exempt or exclude a

property from the coverage of the agrarian

reform program.
Sec.
17
Determination
Compensation

of

Just

Just Compensation the full and fair equivalent

of the property taken from its owner by the
expropriator.
Factors used in the valuation of lands:
1. Capitalized Net Income (CNI) which is
based on land use and productivity
2. Comparable Sales (CS) which is based
70% of the BIR zonal value; and
3. Market Value (MV) which is based on the
Tax Declaration.
Basic Formula
When all factors are present: CNI x 0.60 + CS x
0.30 + MV x 0.10 = Land Value
When CNI is not present: CS x 0.90 + MV x
0.10 = Land Value
When CS is not present: CNI x 0.90 + MV x
0.10 = Land Value
When CS and CNI are not present: MV x 2 =
Land Value
Basis in determining JC: the value of the
property at the time it was taken from the
owner and appropriated by the government.
Time of taking: when title is transferred to
Philippines or beneficiaries and when agricultural
land voluntarily offered by a landowner was
approved by PARC.
If there is delay, the value should be determined
not at the time of taking of the land but at the
time of full payment of the just compensation.
Procedure
for
determination
of
Just
Compensation:
1. LBP determines value of the land
2. Using LBPs valuation, the DAR makes an
offer to the LO.
3. In case, the LO rejects the offer, the DAR
conducts a summary administrative
proceeding
to
determine
the
compensation for the land by requiring
the LO, the LBP and other interested
parties to submit evidence as to the just
compensation.
4. A party who disagrees with the decision
of the adjudicator may bring the matter
to the RTC designated as a Special
Agrarian Court for final determination of
just compensation.
Role of the DARAB: They can conduct a
summary administrative proceeding for the
preliminary determination of just compensation
in order to determine whether land valuation
computations of the LBP are in accordance with
the rules or administrative order.
Who conducts Preliminary Proceedings of Land
Valuation?
1. PARAD when the initial land valuation
of LBP is less than 10million

2. RARAD when the initial land valuation

of LBP is 10million-50million
3. DARAB when the initial land valuation
of LBP is above 50million
If PARAD is not available, RARAD will conduct it
notwithstanding the value of the land
If RARAD is not available, DARAB will conduct or
designate an Adjudicator from among the
PARADs in the region.
Valuation set by DAR is not conclusive. LO may
contest it to RTC within 15 days from receipt of
the boards decision. Upon filing with the RTCSAC, party shall file Notice of Filing of Original
Action with the Board/Adjudicator together with
Certified True Copy of petition filed with SAC.
Failure to file notice or submit Certified True
Copy, the decision of the Board will be final and
executory. When notice and CTC are received,
the Board shall not issue writ of execution.
Consent of beneficiary is not
determination of compensation.

required

in

Sec
18.
Valuation
Compensation

Mode

of

and

1. Cash Payment
For lands above 50 hectares:
25% cash, balance to be paid in
government financial instruments
negotiable at any time.
For lands above 24 hectares to
50 hectares: 30% cash, balance
to be paid in government
financial instruments negotiable
at any time.
For lands 24 hectares and below:
35% cash, balance to be paid in
government financial instruments
negotiable at any time.
2. Shares of stock in GOCCs, LBP preferred
shares, physical assets or other qualified
investments
in
accordance
with
guidelines set by the PARC;
3. Tax credits which can be used against
any tax liability;
4. LBP bonds, which shall mature every
year until the 10th year
LAND REDISTRIBUTION
Sec. 22 Qualified Beneficiaries
The lands covered by the CARP shall be
distributed as much as possible to landless
residents of the same barangay or in the
absence thereof, landless residents of the
same municipality in the ff. order of
priority:
1. Agricultural Lessees and Share
Tenants
2. Regular Farmworkers
3. Seasonal Farmworkers
4. Other Farmworkers
5. Actual Tillers or Occupants of Public
Lands
6. Collectives or Cooperatives
7. Others directly working on the land

PROVIDED,
however
children
of
landowners be given preference and actual
tenant tillers not be ejected.
Who are eligible to become Agrarian Reform
Beneficiaries? Landless resident of the same
barangay or municipality
Landless Resident farmer or tiller who owns
less than 3 hectares of land
Qualifications:
1. Filipino Citizen
2. Resident of barangay or municipality
where landholding is located
3. At least 15 years old at the time of
identification, screening and selection
4. Willing, able and equipped with aptitude
to cultivate and make land productive
Sec. 22 A. Order of Priority
Children 3 hectares each
Agricultural Lessees, Share Tenants
and Regular Farmworkers 3
hectares each
Then the remaining be given to
Seasonal
Farmworkers,
Other
Farmworkers,
Actual
Tillers
or
Occupants
of
Public
Lands,
Collectives or Cooperatives, Others
directly working on the land.
Sec. 23. Distribution Limit
No qualified beneficiary may own more
than 3 hectares of agricultural land
Criteria of Prioritization: Willingness, Aptitude,
Ability to cultivate and make land productive;
Physical Capacity; Length of Service
Factors in determining size of land: type of crop;
type of soil; weather patterns; other pertinent
factors critical for success of beneficiaries
Sec. 24. Award to Beneficiaries
When
does
rights
and
responsibilities
commence? From their receipt of a duly
registered EP or CLOA and actual physical
possession of the awarded land. Such award
shall be completed in not more than 180 days
from the date of registration of the title in the
name of the Republic of the Philippines.
Pending issuance of CLOA, the beneficiaries
have usufructuary rights over the awarded land.
Transfer of ownership to the beneficiaries is not
automatic.
Title and ownership over the land can be
transferred to the beneficiaries only upon full
payment of the just compensation to the
landowner.
When does the DAR issue CLOA? only upon
full payment of amortization by the farmerbeneficiary. The CLOA, in turn, becomes the
basis for the issuance in his name of an original
or transfer certificate of title.
CLOAs become indefeasible and imprescriptible
after 1 year from its registration with the
Registry of Deeds.

Grounds for cancellation of CLOA:

1. Abandonment of land
2. Neglect or Misuse of land
3. Failure to pay 3 annual amortizations
4. Misuse or diversion of financial and
support services
5. Sale, transfer or conveyance of right to
use land
6. Illegal conversion of land
Obligations of Agrarian Reform Beneficiaries:
Exercise due diligence in the use,
cultivation, and maintenance of the land,
including improvements thereon; and
Pay the LBP 30 annual amortizations
with 6% interest per annum.
The amortization will start 1 year from the date
of registration of the CLOA. However, if actual
occupancy of the land takes place after the
registration, the 1-year period shall be reckoned
from constructive occupation of the land.
Sec. 25 Award Ceilings for Beneficiaries
Beneficiaries shall be awarded an area not
exceeding 3 hectares.
General Rule: Land should be awarded to the
individual farmer beneficiary and should be
covered by an individual title.
However, if the beneficiaries opt
for collective ownership, collective ownership
title may be issued in the name of the coowners or the collective organization.
Sec. 26. Payment by Beneficiaries

Payable
to
LBP
in
30
annual
amortizations with 6% interest per
annum.
Payment starts: 1 year from date of
registration of the CLOA; or date of
actual occupancy, if the occupancy took
place after the registration of CLOA.

Basis of Amortization: Max. amortization is

5% of the annual gross production as
established by the DAR. After the 5th year,
the interest rate and/or the principal
obligation may be reduced by the LBP to
make the repayment affordable.
Effect of failure to pay 3 annual
amortizations:
LBP can forfeit landholding and award it to
other qualified beneficiaries. The beneficiary
whose land has been foreclosed or forfeited
will be permanently disqualified from
becoming a beneficiary.
Sec. 27. Transferability of Awarded
Lands
Beneficiaries cannot, within a period of
10 years, sell or transfer ownership of
the land except: through hereditary
succession, to the government, to the
LBP, or to other qualified beneficiaries.
Effect of sale or transfer to the government
or the LBP: the children or the spouse of the

transferor can repurchase the land within

2years from the date of transfer.
Can a beneficiary who has not fully paid
amortizations sell the land to another? Yes,
under ff. conditions: Approval of the DAR;
land should be sold only to an heir or to any
other
qualified
beneficiary;
and
the
transferee must undertake to cultivate the
land himself, otherwise, the LBP will take the
land for proper disposition.
If complied with, LBP will compensate the
beneficiary in one lump sum for the amounts
he has already paid, together with value of
improvements.

3% of the gross sales - to be distributed

to regular and other farm workers
1% of the gross sales to be distributed
to the managerial, supervisory and
technical employees
If profits are realized additional 10% of
the net profit after tax, to be distributed
to regular and other farmworkers.
This section was declared unconstitutional
with respect to livestock and poultry.
Sec. 32-A. Incentives
Incentives for regular fishpond or prawn farm
workers is 7.5% of the net profit before tax
over.
CONVERSION OF AGRICULTURAL LANDS

Can the beneficiary lease the land? Yes

provided that the lease is for agricultural
purposes. If for non-agricultural, seek
approval of the DAR. It can also be leased to
former LO after obtaining approval from the
DAR through the PARC.
IMPROVEMENT
RELATIONSHIP

OF

THE

LEASEHOLD

Sec. 12. Determination of Lease Rentals

DAR has the power to fix rentals, in this
wise:
For lands devoted to rice and other
crops 25% of the average normal
harvest after deducting the amount
used for seeds and the cost of
harvesting, or threshing. If there has
been no normal harvest, then the
estimated normal harvest during the
3
agricultural
yrs
immediately
preceding the date the leasehold was
established.
For sugarcane lands 25% of
average normal harvest less the
value of the cost of seeds/cane
points, harvesting, loading, hauling,
and/or trucking fee, and cost of
processing.
For coconut lands 25% of the
average normal harvest for a specific
area for the preceding 3 calendar
years less the value of production
cost.
VARIATIONS IN LAND ACQUISITION
Sec. 31. Corporate Landowners
2 schemes available to corporate Los;
1. Voluntary Land Transfer
2. Stock distribution
Both schemes are no longer operative. Only
allowed up to June 30, 2009. After this date, the
modes of acquisition are limited to voluntary
offer to sell and compulsory acquisition.
Sec. 32. Production-Sharing
If more than 5M gross sales/year are
realized:

Sec. 65. Conversion of Lands

Conversion is the act of changing the current
use of a piece of agricultural land into some
other use, as approved by the DAR, to wit:
-For residential, commercial, industrial, and
other non-agricultural purposes;
-For another type of agricultural activity such as
livestock, poultry, and fishpond the effect of
which is to exempt the land from CARP
coverage.
-For non-agricultural use other than that
previously authorized.
Reclassification is the act of specifying how
agricultural lands shall be utilized for nonagricultural uses such as residential, industrial,
and commercial, as embodied in the land use
plan, subject to the requirements and
procedures for land use conversion.
Effect
of
reclassification:
It
does
not
automatically allow the LO to change its use, it
must undergo CONVERSION before he can use
the agricultural land for other purposes.
Scope of DARs conversion authority: Those
after the effectivity of RA no. 6657
Who can apply for conversion?
1. The beneficiary
2. The Landowner with respect only to his
retained area which is tenanted
When to file application for conversion?
-After the lapse of 5 years from the award of the
land.
Conditions before application for conversion be
filed:
1. When the land ceases to be economically
feasible for agricultural purposes
2. When the locality has become urbanized
and the land will have a greater
economic
value
for
residential,
commercial or industrial purposes.
Obligations of the beneficiary when conversion
is approved:
1. Invest 10% of the proceeds from the
conversion in government securities; and
2. Pay LBP the full price of the land upon
conversion.
Lands not subject to conversion:

1. Agricultural lands within protected areas

designated by NIPAS
2. All irrigated lands
3. All irrigable lands already covered by
irrigation projects with firm funding
commitments
4. All agricultural lands with irrigation
facilities
operated
by
private
organizations
Areas highly restricted from conversion:
1. Irrigable lands not covered by irrigation
projects with firm funding commitments
2. Agro-industrial croplands
3. Highlands
4. Lands issued with notice of land
valuation and acquisition
5. Environmentally critical areas
Effect of failure to implement approved
conversion: Land will continue to be covered by
CARP
Sec. 65-A. Conversion into Fishpond and
Prawn Farms
General Rule: No conversion of Public
Agricultural Lands into Fishponds and
Prawn Farms.
Except: when the coastal zone is declared
suitable for fishpond development by the
provincial government and BFAR
If condition is complied with, DENR can allow
the lease and development of the area.
Private Agricultural Lands: can be converted into
fishponds and prawn farms up to a maximum
area of 5 hectares. BUT DAR may approve more
than 5 hectares, if:
The use of the land is more economically
feasible and sound for fishpond/prawn farm;
Simple and absolute majority of the regular
farm workers/tenants agree to the conversion.
Sec. 65-B. Inventory
Helps DAR monitor unauthorized conversion of
lands into fishponds/prawn farms.
Sec. 65-C. Change of Crops
To harmonize agrarian reform with the
environmental laws
Change of crops does not need DAR
approval.
Sec. 41. Presidential Agrarian Reform
Council (PARC)
Chairperson: President of the Philippines
Vice-Chairperson: Secretary of Agrarian Reform
Members:
Secretary of Department of Agriculture
Secretary of Department of Environment and
Natural Resources
Secretary of Department of Budget and
Management
Secretary of Department of Interior and Local
Government
Secretary of Department of Public Works and
Highways
Secretary of Department of Trade and Industry
Secretary of Department of Finance

Secretary of Department of Labor and

Employment
Director-General of National Economic and
Development Authority
President of Land Bank of the Philippines
Administrator of National Irrigation Authority
Administrator of Land Registration Authority
6 representatives of affected LOs to represent
Luzon, Visayas, Mindanao
6
representatives
of
Agrarian
Reform
Beneficiaries (2 each from LuzViMin: At least 1
from indigenous peoples, at least 1 from duly
recognized National Organization of Rural
Women, At least 20% of the members of PARC
should be women but not less than 2)
Sec. 42 Executive Committee
Chairman: Secretary of the DAR
Members: (President will designate)
Sec. 43 Secretariat
To provide general support and coordinative
services for the PARC
Head: Secretary of the DAR (he appoints all
officers and employees of secretariat)
Assistant: Undersecretary
Support: Staff (determined by PARC EXCOM)
Sec.
44
Provincial
Agrarian
Reform
Coordinating Committee (PARCCOM)
Chairman: (appointed by the President, upon
recommendation of the EXCOM)
Executive Officer: Provincial Agrarian Reform
Officer (PARO)
1 representative each: DA, DENR, LBP
1 representative each: existing farmers
organization, agricultural cooperatives and
NGOs
2 representatives from LOs
2 representatives from Farmer and farmworkers
or beneficiaries
1 representative from cultural communities
Sec.
45
Province-by-Province
Implementation (by PARCCOM)
For the peculiarities and needs of each province
Sec.
46.
Barangay
Agrarian
Reform
Committee (BARC)
1. Farmers and Farmworkers Beneficiaries
2. Farmers
and
Farmworkers
Nonbeneficiaries
3. Agricultural Cooperatives
4. Other Farmer Organizations
5. Barangay Council
6. NGOs
7. Landowners
8. LBP
9. Official of the DA assigned to the
barangay
10. Official of the DENR assigned to the area
11. DAR technologist assigned to the area
may act as secretary
Sec. 47 Functions of the BARC
1. To participate and give support to the
implementation of programs on agrarian
reform

2. To mediate, conciliate or arbitrate

agrarian conflicts and issues that are
brought to it for resolution
3. To perform such other functions that the
PARC, EXCOM or DAR secretary may
delegate
Sec. 48 Legal Assistance
BARC may seek legal advice from DAR to ensure
solution is within the bounds of law
Sec. 49 Rules and Regulations
Substantive and Procedural
Take effect: 10 days after publication in 2
national newspapers of general circulation
Sec. 63 Funding Source
Just compensation payment to LOs from
Agrarian Reform Fund
Amount needed to implement CARP: 150billion
pesos
Amount from GAA not less than 5billion pesos
Creba v. Secretary of Agrarian Reform:
Reclassification is the act of specifying how
agricultural lands shall be utilized for nonagricultural
uses
such
as
residential,
commercial, industrial. The authority of the DAR
to approve or disapprove conversion can only
be exercised after the effectivity of RA 6657.
Conversion is needed to change the current use
of reclassified agricultural lands.
Sta. Rosa Realty v CA: Agricultural lands that
were already reclassified as non-agricultural
prior to June 15, 1988 does not require any
conversion clearance or authority from the DAR
because said lands are not covered by CARP.
RESOLUTION

OF

AGRARIAN

DISPUTES

Sec. 50 Quasi-Judicial Powers of the DAR

The DAR is hereby vested with PRIMARY
JURISDICTION to determine and adjudicate
agrarian reform matter and shall have
EXCLUSIVE ORIGINAL JURISDICTION over all
matters involving the implementation of
agrarian reform, EXCEPT those falling under the
exclusive jurisdiction of DA and DENR.
Two-fold Jurisdiction of the DAR:
1. Essentially executive and pertains to
the enforcement and administration of
the laws carrying them into practical
operation and enforcing their due
observance.
2. Judicial and involves the determination
of rights and obligations of the parties
DAR
Sec.,Regional
Office,PARO,MARO

concerns the implementation of agrarian reform

laws (executive)
DARAB,RARAD,PARAD concerns adjudication
of agrarian reform disputes (judicial)
Quasi-Judicial Jurisdiction of the DAR: thru
DARAB
1. Primary Jurisdiction to determine and
adjudicate agrarian reform matters

2. Appellate Jurisdiction over orders and

decisions
of
the
agrarian
reform
adjudicators
Quasi-Judicial Powers of the DAR: thru DARAB
1. To hear and decide cases within its
jurisdiction
2. Summon witnesses
3. Administer Oaths
4. Take testimony
5. Issue subpoena ad testificandum or
duces tecum
6. Issue writs of execution; and
7. Punish direct or indirect contempt
PARAD generally has primary and exclusive
jurisdiction to hear and decide agrarian
disputes.
Agrarian Dispute any controversy relating to
tenurial arrangements, whether leasehold,
tenancy, stewardship or otherwise over lands
devoted to agriculture, including disputes
concerning
farmworkers
associations
or
representation of persons in negotiating, fixing,
maintaining, changing, or seeking to arrange
terms
or
conditions
of
such
tenurial
arrangements.
*Not every case involving an agricultural land
automatically makes it an agrarian dispute upon
which the DARAB has jurisdiction.
If occupancy and possession was by mere
tolerance, there is no agrarian dispute.
APPEAL: decisions of PARAD are appealable to
the DARAB within 15 days.
DARAB has no jurisdiction over:
1. Matters pertaining to ownership
2. Retention or Exemption Issues
3. Right of Way Issues (Laguna Estate v
CA)
4. Identify and Classify landholdings for
agrarian reform coverage
5. Matters pertaining to identification and
selection of beneficiaries
Sec.
50-A
Exclusive
Jurisdiction
on
Agrarian Dispute
*Agrarian case filed in regular court must NOT
be dismissed but referred to the DAR for the
purpose of determining whether an agrarian
dispute exists.
15 days to appeal the ruling of DAR to RTC and
CA
Sec. 51. Finality of Determination
The case shall be decided within 30 days after
submission for resolution. Only one motion for
reconsideration is allowed. Rulings after 15 days
shall be final.
Sec. 52 Frivolous Appeals
DAR may impose reasonable penalties, including
but not limited to fine and censure
Sec. 53 Certification of the BARC
It is a prerequisite to filing of a complaint before
the DARAB. It is not needed in judicial
determination of just compensation where

Special Agrarian Courts take cognizance, not

DARAB.
Sec. 54 Certiorari
It is a remedy from an adverse ruling of the
DAR within 15 days from notice of ruling,
brought to CA.
Secretary of the DAR has exclusive and
original jurisdiction over all cases involving the
cancellation of registered EPs, CLOA, other
titles.
ROLE OF SPECIAL AGRARIAN COURTS IN LAND
VALUATION AND PENAL PROVISIONS
Sec. 56. Special Agrarian Court
The SC shall designate at least one branch of
the RTC within each province to act as a Special
Agrarian Court.
Sec. 57 Special Jurisdiction
SAC shall have original and exclusive original
jurisdiction over all petitions:
1. For
the
determination
of
just
compensation
2. Criminal violations of the CARL
Just compensation preliminarily determined by
the DARAB should be filed with SAC within 15
days from notice
Sec. 58 Appointment of Commissioners
SAC may appoint one or more commissioners to
examine, investigate and ascertain facts
relevant to the dispute, including the valuation
of properties, and to file a written report thereof
with the court.
Objections to the Commissioners report: signify
within 10 days
Sec. 59 Order of the Special Agrarian Court
No interlocutory order shall be elevated to the
appellate courts until hearing has been
terminated
Sec. 60 Appeals
Remedy from an adverse decision of the SAC:
Petition for Review, not an ordinary appeal.
Filed within 15 days otherwise the decision shall
become final.
Remedy from adverse decision of the CA: appeal
by Certiorari with the SC w/n 15 days
SUPPORT SERVICES FOR THE FARMERS AND
LOs

Sec. 36 Funding for Support Services

Establishment of Agrarian Reform Communities,
it will be composed of and managed by agrarian
reform beneficiaries who shall be willing to be
organized and to undertake the integrated
development of an area, their organizations or
cooperatives.
Sec. 37 Support Services for the Agrarian
Reform Beneficiaries
1. Land Surveys and titling
2. Liberalized access to credit
3. Socialized terms on agricultural credit
facilities
4. Technology transfer
5. Infrastructures,
such
as
storage
facilities, mini dams, etc.
Sec. 37-A Equal Support Services for Rural
Women
Rural Women those engaged directly or
indirectly in farming or fishing as their source of
livelihood, whether paid or unpaid, regular or
seasonal, or in food preparation, managing the
household, caring for the children, and other
similar activities.
Services: Equal Right to ownership of land;
Equal
shares
of
the
farms
produce;
representation in advisory or appropriate
decision-making bodies.
Sec. 38 Support Services for LOs
The most notable service: incentive granted to a
LO who invests in rural-based industries.
Sec. 39 Land Consolidation
Intended to:
1. Promote
equal
distribution
of
landholdings
2. Provide the needed infrastructures in
agriculture
3. Conserve soil fertility and prevent
erosion
Sec. 73 Prohibited Acts and Omissions
Criminal violations of CARL: ownership or
possession in excess of awarded land; forcible
entry or illegal detainer; illegal conversion, sale
transfer conveyance of lands outside of urban
centers, etc.

Sec. 73-A Exception

The sale or transfer of a mortgaged agricultural
land as a result of banks foreclosure is not a
criminal violation of the CARL.