Characteristics of Agrarian reform Program  Research in other types of land in the Constitution > timber

 Physical distribution and other forms lands, mineral lands etc.

 Can be individual or collective  Agricultural land
 Farmers and farm workers- tiller of the land; who are landless o Only land of public domain > alienable
 Sharing in the fruits o Alianeble Land
 Just compensation  Residential, commercial, industrial
 Incentives
 Investments Sec. 10 – Excluded/Exempted from CARL
It is more than land reform – mere distribution of land; AR is 1. Lands that are actually, directly, and exclusively used
distribution and other support services  Parks
 Support services o Natural parks
o Financial  Wildlife
o Irrigation o Kalawit island, Palawan
o Infrastructure  Reforestation
o Farm-to-market roads  Fish sanctuaries and breeding grounds
o Buyers o Foreshore area- beaches
o Technology  Forest
 Modern equipment o Might be private- but used as forest – planting hardwood,
 Research softwood
 Modern tech o Not the forest of public domain
 Before, no support services > under PD 27  Watersheds
Purpose: Sustainability, Industrialization, Economic development o Lamesa Watershed
 Mangroves
CARL 2. Private Lands, actually, directly, and exclusively for prawns and
 all agricultural land fishponds
o public  Amended of CARL
o private  1995
 Effectivity Date: 15 June 1988 o Before: distributed > not exempted
o Agricultural Land- land devoted to agricultural activity and o After: exempt
not classified to M/F, C, R, I  Under CARL
o If after date: classification is still agricultural o VOS
 Classification via Zoning Ordinance; Presidential proclamation; or act o Notice of Acquisition
of Congress by law 3. Land
o It is the classification, not the use which determines what is  National defense
an agricultural land o Military
o Natalia Realty Case o farm
 classification  Schools
o CMU

FFD
  Churches, mosque sites, Islamic centers
o Bukidnon coffee by Monks
 Comunal burial ground and cemeteries
 Penal colonies
o Ihawig penal colony
 Government and Private Research
o IRRI
 Quarantine Centers
o Cullon, Palawan
 Seeds and Seedling research
 Pilot production centers
 Land with 18% slope and over, undeveloped
o Basis of 18% is the forestry code
o Development- intent to make the property agricultural

Priorities
DAR tried to put property under CARL before June 30,2014> sent
notices through publication

What if nothing was done after the date?

- Properties are not covered under CARL because they failed to cover it

READ 6657, Sec. 12

3844S
DAR AO NO. 5

Public Domain

Forest
mineral
Parks

Public and Private

Agricultural land

Not included: luz

farm Sec.. 10
Commercial,
Industrial, 2
Residential
FFD
 6. Tax Declarations
VOLUNTARY LAND TRANSFER 7. Assessment made by Government Assessors
 GUIDELINES (Section 20) 8. 70% of the Zonal Valuation of BIR
1. SUBMITTED to DAR > within 1 year from effectivity of CARL o Determination of DAR > subject to the final decision of the
2. NOT be LESS FAVORABLE to the Transferee than those of proper court
the government’s standing o ADDITIONAL FACTORS
3. Include SANCTIONS for non-compliance of either party + 1. Social and Economic Benefits contributed by
duly RECORDED and MONITORED by DAR farmers and farmworkers and by the Government to
4. Only those SUBMITTED by June 30, 2009 shall BE the property
ALLOWED 2. Non-payment of Taxes and Loans from any
government financing institution
COMPULSORY ACQUISITION  EO 405(1990)
 PROCEDURE (Section 16) o LBP = primarily responsible for the DETERMINATION of the
1. NOTICE> sent to the landowner and the beneficiaries + also LAND VALUATION and COMPENSATION
posted in municipal bldg. and Bgy. Hall, where the property  MODE OF PAYMENT
is located o CASH
2. Landowner shall INFORM DAR > ACCEPATANCE or 1. Above 50 hectares = 25%
REJECTION, within 30 days from receipt of written notice 2. Above 24 and up to 50 = 30%
3. Offer accepted > LBP pays the L/O within 30 days + L/O 3. 24 and below = 35%
executes and delivers a DEED OF TRANSFER + surrender CT 4. VOLUNTARY OFFER TO SELL = additional 5%
4. Offer rejected > DAR shall conduct SUMMARY o BALANCE (in any of the following)
ADMINISTRATIE PROCEEDINGS to determine compensation 1. LBP Bonds
5. PAYMENT of JUST COMPENSATION > determined by DAR or 2. Shares of Stock
the COURT a. GOCC
6. REGISTRATION> in the Register of Deeds for the TCT > in b. LBP preferred shares
the name of the Republic of the PH c. Physical Assets
7. STANDING CROPS > L/O retain the SHARE of any standing d. Other Investments
crop unharvested(time DAR took possession) + GIVEN 3. Tax credits (against tax liability)
REASONABLE TIME to harvest the same o SET-OFF
o All arrearages shall be deductible from the
COMPENSATION compensation
 DETERMINATION OF JUST COMPENSATION
o FACTORS CONSIDERED BY DAR EXEMPTIONS FROM TAXES AND FEES
1. Cost of Acquisition of Land  Sec. 66
2. Value of Standing Crop o TRANSACTIONS UNDER CARL > exempted from:
3. Current Value of Like Properties  Taxes arising from capital gains
4. Nature, Actual Use, and Income  Payment of registration fees
5. Sworn Valuation of Owner  All other taxes and fees for conveyance

FFD
 o PROVIDED: ARREARAGES in Real Property Taxes shall be  Under rules of DAR: notice of coverage
deducted from the Compensation o DAR: L/O must contest after having received a notice -
 Sec 67 PROTEST
o FREE REGISTRATION OF PATENTS AND TITLES  Otherwise: waived
 All Register of Deeds= TO REGISTER free from  Protest – “tell them it is an agricultural land or
payment of all fees and charges, exempted > Sec. 10 + Sec. 3
 PATENTS o L/O should ask for RETENTION AREA
 TITLES  Sec. 6 – up to 5 hectares
 DOCUMENTS required for implementation of  Condition: the property should be
CARP contiguous
 PERSONAL VIEW OF ATTY.CASIS – chop-chop
 Included in Retention Area
NOTES:  3 hectares for Children
Purpose: to transfer from L/O to Farmers o 15 years
3 Modes of Transfer of Lands under CARL o Actually managing or tilling
 Voluntary Land Transfer 2. NOTICE OF COMPULSORY ACQUISITION
 Direct Payment Scheme (Direct Land Transfer) o Price
 Compulsory Acquisition – form of expropriation o If L/O agrees with the price > TRANSFER TO THE
GOVERNEMENT, under the name of Rep. of PH > then, to
VOLUTARY LAND TRANSFER beneficiaries
 L/O is selling his property to the government o If rejected
 Offer > Land + Price  Outright rejection
o Perfection: acceptance of the offer  No reply within 30 days
 Usually the DAR gives a counter-offer o Rejected> proceed to Summary Administrative Proceeding
o In case of disagreement > From VLT to CA  Special Agrarian Court
PRIOR TO TRANSFER
DPS-DLT  There must be payment of just compensation
 From L/O to the Farmer a. Deposit J/C to LBP: cash or bonds
 Role of DAR: make sure that there is even playing field i. Deposited in the name of the L/O
o No agreement > onerous on the part of the farmer ii. TCT, under the Rep.. of PH
 More or less> in accordance on how the government b. Cash > 25,30,35 + 5
should pay the farmer c. Bonds

CA COMPUTATION OF J/C
 Usual mode of transferring Agricultural Lands  LV = .6CNI + .3CS + .1 MV
 PROCEDURE > DAR AO 7  MV > assessor’s valuation or owner’s valuation > whoever is lower
1. Notice of Coverage – “land is covered by CARL”  Comparable Sales >
o Law: no notice of coverage > BUT notice of CA o Usually 70% of Zonal Valuation

FFD
  Why not 100% - acquisition is not current value
 Capitalize Net Income
o Net Income= Gross Sales – Expenses
o Capitalized =/12%
 Rate of return
 VARIATION OF FORMULA
o If no income > no CNI = .9CS + .1MV
o If no CS = .9CNI +.1MV
o If no CNI and CS = 2MV
 Assoc. of Small Landowner – CARP for social justcie

FFD
AFTER MIDTERMS o 500 hectares cannot be given to 100 ARB = 5:1
 Breaking the 3-hectare Rule
 Usually> dealing with vast land; refers to farmworkers
Agrarian Reform Beneficiaries (7)
1. Tenants BENEFECIARIES MUST PAY THE GOVERNMENT
2. Farmworkers  LB > pays the Landowner > 10 years
a. Regular  B > pays the Landowner > 30 years > yearly amortization
b. Seasonal o With interest = 6% per annum
c. Others
3. Tillers – public lands AFFORDABILITY CLAUSE > SEC. 26
4. Collective  Payment must be affordable
a. Association  Cap: first 5 years = not more than 5 % of gross annual production
b. Corporation  6-30 years= not more than 10% of gross annual production
5. Others  Frist 3 years> 5% may still be lowered by the PARAB

DUTY OF BENEFICEIARIES
CHILDREN OF THE TENANTS  Make the land productive
SEC 6> right if children of the landowner> 3 hectares each > willing to till
the land DISQUALIFICATION AS A BENEFECIARIES
 Children = preferred agrarian reform beneficiaries (Sec. 22)  If land has already been given before + even if they do not have
 They are first land as of the moment
 Landless = less than 3 o Sold before
o 0>3
o 1>2 WHEN LAND IS AWARDED
o 2 >1  Land > mortgaged to the LBP
 May the Children acquire land of their parents o No foreclosure = continuous payment of annual amortization
o Sec. 6> only qualification> 15 years of age o Failure to pay 3 annual Amortization = Foreclosure
o Restriction: cannot get more than 5 o Foreclosure = Redistribution
 Need not be paid o Effect: the former beneficiary > disqualified
 EXAMPLE: Payment to LBP
OTHERS o 30 hectare land
 5 = LO
COLLECTIVE  3 X 3 = children
 Award is given as a whole (exception)  = 14 > would not be paid = not acquired by the
o Gen. Rule; award is given individually Government
 Reason  16 = Government
o It is not economically feasible o 16 =10 tenants
 3/ ARB Ratio  Be given to the land they are working

FFD
 o It cannot be Beneficiaries, and tenant at the same time
 Problem > tendency that DAR will value the property
low > in consideration of the status of the
Beneficiary
 MUST: Fair Market value
o Price: one is willing to sell but not
obliged to sell; and one who is
willing to buy but not obliged to buy

FFD
DARAB RULES V. ALI CASES  Statute of Limitation
 Pending Action
WITHIN THE DAR  Answer filled
 2 Entities  Preliminary Conference
o DAR = Executive o Agree or Cannot Agree
 Implements the Law o Amicable Settlement
o DARAB = Quasi-Judicial Body  Decision of PARAD
 Collegiate (Admin Code) o Appealable
 Also headed by the Sec. of DAR o Motion for Reconsideration = Allowed
 Decides the Controversies  Grounds
 Fact >
AGRARIAN DIPSUTE > DARAD DUTY  Within 15 days from receipt
AGRARIAN LAW IMPLEMENTATION > DAR EXECUTIVE DUTY o Each party is allowed to file motion for reconsideration
 If motion is denied > APPEAL
CASES o Appeal > to the BOARD
 Filed to the respective agencies APPEAL
 DARAB RULES  File to the Adjudicator
o The Board(original and appellate) o The one that rendered the decision
o RARAD (original)
o PARAD (original) SUMMARY ADMINISTRATIVE PROCEDDING> DARAB
 ALI  Less than 10M - PARAD
o OSES  10-50M – RARAD
o RD  50M and Up - DARAD
o PARO  Determination of Just Compensation
o MARO o Court: judicial determination
Magic Number = 15 DAYS o
DARAB RULES ON PROCECURES (Important Aspects)
 Cases are filed in PARAD ALI CASES
o Complaint or Petition  Usually decided by the first level > Regional Director
o Accompanied by BARC Certification  APPEAL > Office of the Secretary> Office of President > CA
 Mediation in Barangay Level o Grounds:
o Certification of Non-Forum Shopping o Notice of Appeal
 After filling> Summon  Motion for Reconsideration
o Summon: acquiring jurisdiction over the person
o NO motion, except:
 No jurisdiction
 Res judicata
 No cause of action

FFD
SPECIAL PROCEDURES  CCLUPPI-2
 Application for conversion, etc. o More than 5 hectares
o Disagreement = bring to Adjudication Board
 POSTING = notice
`Exemption – DAR AO 04 -03 o 4 x 8 ft. bill board
 Sec. 3(c) > Citing DOJ Opinion 44, 1990  With Mineral /forest land = jurisdiction of DENR, not LGU
 Classification: o How can it be alienable as Mineral/ Forest
o Mineral  Mineral: It may be titled under one’s name
o Forest  Forest: titled under one’s name + part of
o Commercial reforestation program of DENR
o Residential  Or apply for a Commercial Timber Land
o Industrial  Residential, Commercial, Industrial = LGU > MPDO
* Before 15 June 1988 o Noted: must be before June 15, 1988
* must be from Municipal/City/ Provincial Zoning Ordinance o EX. EPZA, Educational Area, Townsites, Build-up area,
*HLURB approval of the ordinance Subdivision, Open Area
* noted: these zoning ordinance and approval = more important  Sometimes, not local ordinance, but national proclamation
+ no irrigation o Such as the case of Natalia Realty
 Even if with ordinance + approval = cannot be exempted > if the  1972 – PD 27
land is irrigable/irrigated o Covered: rice and farmland – tenanted
o There is some form of irrigation on the land, done by: o Agricultural Land> may have been covered by PD 27, no
 NIA – Government CARL yet
 Private - Community o Subsequent Ordinance = DAR would not allow the previous
o Irrigable = it must be part of an irrigation project + funded owner to get the land back, because it has been already
= technically the irrigation is there already covered by PD 27
 WHY DO YOU HAVE TO APPLY TO DAR? (presumption: when not  Can the new owner get it?
agricultural, cannot be exempted)  What is binding is ZONING ORDINANCE
 DISTURBANCE COMPENSATION = that which is paid to the o Not the use
farmer/tenant working on the land o As far as CARL is concerned> it is a non-agricultural land
o 5X Gross Annual Production (GAP)  Effect on Pre-existing CARP Coverage
 Application filed with: o Casis: 60 day period- problem
 Regional Center for Land Use Policy Planning  How can they cover it
and Implementation (RCLUPPI)  CARP covers only all private and public agricultural
o Office that decides that application+ land
give recommendation to Regional  Thus, the giving of notice of coverage is erroneous
Director/Sectary o As soon as one gets notice of coverage:
o Regional = 5 hectares or less  Apply for retention; or
 File a protest

FFD
  PROTEST  Regional Agri Industrial Centers
o Written protest within 30 days from posting of requisite  Tourism Development Areas
billboard  EZA
o 15 days from conduct of ocular inspection  Agri lands owned by government to be converted for
projects of national interest
 Agri land for processing plants of agricultural
CONVERSION - DAR AO 01-02 products
 When exemption is before June 15, 1988 > Conversion is after  Telecommunication commission
 Originally: agricultural land  Document requirements
o Because of zoning = change the use to non-agriculture > o Important:
develop  Zoning ordiancne
 Note: must not be speculative  Certification – non-irrated
 Ex. subdivision; tourism area  ECC
o If there is a change of plans (ex. hotel > housing) =  Development plan
violation  Feasibility study
 Must: new application for conversion  Socio-economic project
o If for some other agricultural use > cattle, fishpond, poultry,  CTC
swine = exempted  Post a Bond > against prematrue conversion
 Important: Municipal, City, Provincial Ordinance o P/C = converting the property prior to a conversion order
o When Present: property is no longer agricultural o To prevent a developer from doing anything before the
o Then , apply for conversion order
o EXCEPTION: under Sec. 65 –when the entire property has o Cash bond = 2.5% of the zonal value of the land
become highly Urbanized o In lieu of cash bond> surety bond = 15% of the total zonal
 Thus, the property is no longer economically feasible value
for agricultural  Every year develop at least 1 hectare
 NON-NEGOTIABLE > NO CONVERSION  Aggregate Rule
o when land is irrigable or irrigated o Rule: 5 and below = regional director to approve
o National Integrated Protected Areas System (NIPAS) o No allowed 5 + 5 +5
 HIGHLY RESTRICTED AREAS > can still be conversion, but highly
restricted:
1. Irrigable lands not covered by irrigation projects + no funds
2. Agro-industrial croplands
3. Highlands + elevation of 500 m and above
4. Land issued with notice of land valuation
5. Land within an Environmentally Critical Area (ECA) or
Environmentally Critical Project (ECP)
 Priority Development Areas and Projects
o Priority development areas

10

FFD
SSS and GSIS Law  Contractual employees with no employer-
employee rel.
Social Security Act of 1997 o Employment
Government Service Insurance Act of 1997  Appointive
 Two systems = two types of employees  Elective
o SSS- private  BENEFITS
o GSIS – government o SSS
 SSS  Sickness
o Compulsory coverage = membership  Cash – for days of no-work for some ailment
 Employers o Not for medicines = BUT for
 Employees compensation for days you were not
 All self-employed people able to work
o Voluntary Coverage  No need to go to the hospital
 OFWs  Required no. of days = 4 days of sickness
 Non-working spouses  Max: 120 days/ year
 Filipino employed by international orgs  If there are still SICK LEAVES= cannot claim
o Employee: paid for rendering service for an employer Sickness Benefits
 Excluded: employees o Requirement: have consumed all the
 government employees sick leaves
 foreign government  Maternity
 international orgs based here  Requirement
 casual employment o Female – unable to work because of
 Service-performed on an alien vessel = if child-birth/ miscarriage
employed by that vessel > direct  Paid for times on leave
employment  60 days for normal delivery
o Employer: any person natural/juridical, domestic/foreign  78 day for C or Miscarriages
doing business in PH  Given only for FIRST FOUR PREGNANCY
 GSIS o No qualification
o C/C  Exclusive: maternity and sickness = cannot
 Government employees= any person rendering claim both
service> employer: National Government, and  Disability
subdivision, GOCC, Constitutional Commission,  Restriction/ lack of ability to perform >
Judiciary normal work
 Excluded  Partial / Total
 Retiree o Partial = list on the law
 AFP o Total
 PNP  Both eyes
 Loss of two limbs

11

FFD
 Partial Temporary disability = claim sickness  Unemployment
o Bedridden  Given to a permanent employee who is
 Retirement voluntarily removed from service due to
 Reaching the age of 60 abolition of position
 May still work until 65 = claim shall be o Due to reorganization
suspended  Disability
 Death  Suffered from permanent disability +
 Benefits is given to beneficiaries’ without one’s fault
 Beneficiaries  Total / Partial
o Spouse  If only sick = up to 120 days
o Children o More than 120 > claim disability
 Not limited to legitimate benefit
 Applies to a member or pensioner  Survivorship
  Equivalent to Death Benefit
 Funeral  Given to beneficiaries
 Applies to member or pensioner o Cash + pension
o GSIS  Funeral
 Life  Difference SSS
Insurance on the life of the member = when o Unemployment, Life
he dies > certain amount is given  Employee’s Compensation
 Most insurance under GSIS > Enhance Life o Insurance – when employee got sick /injured/ disabled/
Policy> Aug. 1 , 2003 death because of work; has to be work-related
o Before > Life Endowment Policy o Can be claimed with other benefits
 Life Insurance = both Life and Endowment  SSS + Employee’s Compensation
o Do not Die + matures = Get certain o Benefits under Employee’s Compensation
sum  Medical
 Retirement  Rehabilitation
 Retire from service in government  Cash for Disabilities
 At least 15 years of service + reach the age  Cash for Death
of 60 = retire o Work-related
 Benefit  In the work place
o Cash + pension  Doing an official function
o Lump-sum + pension o NO Compensation
 Separation  Due to negligence
 Have not reached the age 60 + less than 15  Drunkenness
years of service  Wilful intention to injure oneself
 Controlling factor: at least of 3 years of
service PROCEDURE UNDER SSS, GSIS, EMPLOYEE’S COMPENSATION

12

FFD
  Then go up to BoT
SSS  Can decide on claims
 Commission  Procedure
 9 commissioners  File a verified claims
 Commissioner – 3 years  Answer -10 days(15 in SSS)
 3 – employee; 3-employers; 1 –gen public  Assigned in a Hearing Officers to conduct
o 3 each > at least one is women  Affidavits
 H/O > may ask for clarificatory hearing
GSIS  Recommendation to the Board
 Headed: Sec . of  BoT Decides
o May appoint: the Vice-Chair> the President PRESCRIPTIVE PERIOD
 Board of Trustees  SSS-10 years ;GSIS- 4 years
o Pres. and Gen Man  Accrues:
o 1 from teachers
o 2- gov. employee EXCLUSIVITY OF BENEFITS >SSS; GSIS
o 4 – finance  Option of the Beneficiary to choose which to claim from other
o 1 – lawyer benefits given by law
 Board of T- 6 years o “what you should get is the maximum benefit”
o If less than GSIS> they will fill it
RESPONSIBILITIES
 BoT PORTABILITY LAW – RA 7691
o Decide claims under dispute  Transfer of funds> for the account of the worker who moves from
one system to another
PROCEDURE o Private Employee(SSS) > now Government Employee
 More or less the same (GSIS); vice versa
o But in SSS  What happens to the contribution with the SSS?
 Before going up to Commission > claim goes to SSS o Law: transfer the contribution from one system to another
 One cannot just go up  Most of the time> happens to GOCC employees
 Sworn Petition + Certification of Non-Forum
Shopping NOT A 1:1 TRANSFER
 Hearing officer> then Commission Enbanc
 >Pre-hearing BENEFITS
 Try to settle the matter  Same benefits
 >Then respective papers and affidavits
 >Maybe, additional hearings TOTALIZATION
 >Decision of the Commission  Process of adding up the period of creditable services or contribution
o GSIS = to acquire a benefit
 Should pass through the Committee on Claims

13

FFD
 o No totalization if one is already qualified to get the benefit
under the current system
 No point of adding up
 Not qualified in both = totalization
 In Public sector> then not qualified in GSIS = look at SSS
contribution
 In Private Sector> then not qualified in SSS = look at GSIS
contribution

FINALS
 CONVERSION
 DISTURBANCE COMPENSATION
 RULES ON CONVERSIO
 WHO ARE THE BENEFICIARIES
o HOW DO THEY APY
 JUST COMPENSATION
 HOW LAND OWNERS ARE PAID
 RULES ON PROCEDURE OF DARAB
o COVERED
o NOT COVERED
 RETENTION AREA
o WHO MAY RETAIN
 SSS
 GSIS
 EMPLOYEES COMPENSATION
 PORTABILITY LAW

14

FFD
 * noted: these zoning ordinance and approval = more
important + no irrigation
 Even if with ordinance + approval = cannot be exempted
> if the land is irrigable/irrigated
o There is some form of irrigation on the land, done
by:
 NIA – Government
 Private - Community
o Irrigable = it must be part of an irrigation project
+ funded = technically the irrigation is there
already
 WHY DO YOU HAVE TO APPLY TO DAR? (presumption:
when not agricultural, cannot be exempted)
 DISTURBANCE COMPENSATION = that which is paid to
the farmer/tenant working on the land
o 5X Gross Annual Production (GAP)
 Application filed with:
 Regional Center for Land Use Policy
Planning and Implementation
(RCLUPPI)
`Exemption – DAR AO 04 -03 o Office that decides that
 Sec. 3(c) > Citing DOJ Opinion 44, 1990 application+ give
 Classification: recommendation to Regional
o Mineral Director/Sectary
o Forest o Regional = 5 hectares or less
o Commercial  CCLUPPI-2
o Residential o More than 5 hectares
o Industrial o Disagreement = bring to Adjudication Board
* Before 15 June 1988  POSTING = notice
* must be from Municipal/City/ Provincial Zoning o 4 x 8 ft. bill board
Ordinance  With Mineral /forest land = jurisdiction of DENR, not LGU
*HLURB approval of the ordinance o How can it be alienable as Mineral/ Forest
15

FFD
  Mineral: It may be titled under one’s name
 Forest: titled under one’s name + part of
reforestation program of DENR
 Or apply for a Commercial Timber
Land
 Residential, Commercial, Industrial = LGU > MPDO
o Noted: must be before June 15, 1988
o EX. EPZA, Educational Area, Townsites, Build-up
area, Subdivision, Open Area
 Sometimes, not local ordinance, but national
proclamation
o Such as the case of Natalia Realty
 1972 – PD 27
o Covered: rice and farmland – tenanted
o Agricultural Land> may have been covered by PD
27, no CARL yet
o Subsequent Ordinance = DAR would not allow the
previous owner to get the land back, because it
has been already covered by PD 27
 Can the new owner get it?
 What is binding is ZONING ORDINANCE
o Not the use
o As far as CARL is concerned> it is a non-
agricultural land
 Effect on Pre-existing CARP Coverage
o Casis: 60 day period- problem
 How can they cover it
 CARP covers only all private and public
agricultural land
 Thus, the giving of notice of coverage is
erroneous
o As soon as one gets notice of coverage:
16
FFD
 Apply for retention; or
 File a protest
 PROTEST
o Written protest within 30 days from posting of
requisite billboard
o 15 days from conduct of ocular inspection
CONVERSION - DAR AO 01-02
 When exemption is before June 15, 1988 > Conversion is
after
 Originally: agricultural land
o Because of zoning = change the use to non-
agriculture > develop
 Note: must not be speculative
 Ex. subdivision; tourism area
o If there is a change of plans (ex. hotel > housing)
= violation
 Must: new application for conversion
o If for some other agricultural use > cattle,
fishpond, poultry, swine = exempted
 Important: Municipal, City, Provincial Ordinance
o When Present: property is no longer agricultural
o Then , apply for conversion
o EXCEPTION: under Sec. 65 –when the entire
property has become highly Urbanized
 Thus, the property is no longer
economically feasible for agricultural
 NON-NEGOTIABLE > NO CONVERSION
o when land is irrigable or irrigated
o National Integrated Protected Areas System
(NIPAS)
  HIGHLY RESTRICTED AREAS > can still be conversion, o To prevent a developer from doing anything
but highly restricted: before the order
6. Irrigable lands not covered by irrigation projects + o Cash bond = 2.5% of the zonal value of the land
no funds o In lieu of cash bond> surety bond = 15% of the
7. Agro-industrial croplands total zonal value
8. Highlands + elevation of 500 m and above  Every year develop at least 1 hectare
9. Land issued with notice of land valuation  Aggregate Rule
10. Land within an Environmentally Critical Area (ECA) o Rule: 5 and below = regional director to approve
or Environmentally Critical Project (ECP) o No allowed 5 + 5 +5
 Priority Development Areas and Projects
o Priority development areas SSS and GSIS Law
 Regional Agri Industrial Centers
 Tourism Development Areas Social Security Act of 1997
 EZA Government Service Insurance Act of 1997
 Agri lands owned by government to be  Two systems = two types of employees
converted for projects of national interest o SSS- private
 Agri land for processing plants of o GSIS – government
agricultural products  SSS
 Telecommunication commission o Compulsory coverage = membership
 Document requirements  Employers
o Important:  Employees
 Zoning ordiancne  All self-employed people
 Certification – non-irrated o Voluntary Coverage
 ECC  OFWs
 Development plan  Non-working spouses
 Feasibility study  Filipino employed by international orgs
 Socio-economic project o Employee: paid for rendering service for an
 CTC employer
 Post a Bond > against prematrue conversion  Excluded: employees
o P/C = converting the property prior to a  government employees
conversion order  foreign government
 international orgs based here
17

FFD
  casual employment  Max: 120 days/ year
 Service-performed on an alien vessel  If there are still SICK LEAVES=
= if employed by that vessel > direct cannot claim Sickness Benefits
employment o Requirement: have consumed
o Employer: any person natural/juridical, all the sick leaves
domestic/foreign doing business in PH  Maternity
 GSIS  Requirement
o C/C o Female – unable to work
 Government employees= any person because of child-birth/
rendering service> employer: National miscarriage
Government, and subdivision, GOCC,  Paid for times on leave
Constitutional Commission, Judiciary  60 days for normal delivery
 Excluded  78 day for C or Miscarriages
 Retiree  Given only for FIRST FOUR
 AFP PREGNANCY
 PNP o No qualification
 Contractual employees with no  Exclusive: maternity and sickness =
employer-employee rel. cannot claim both
o Employment  Disability
 Appointive  Restriction/ lack of ability to perform
 Elective > normal work
 BENEFITS  Partial / Total
o SSS o Partial = list on the law
 Sickness o Total
 Cash – for days of no-work for some  Both eyes
ailment  Loss of two limbs
o Not for medicines = BUT for  Partial Temporary disability = claim
compensation for days you sickness
were not able to work o Bedridden
 No need to go to the hospital  Retirement
 Required no. of days = 4 days of  Reaching the age of 60
sickness
18

FFD
  May still work until 65 = claim shall o Lump-sum + pension
be suspended  Separation
 Death  Have not reached the age 60 + less
 Benefits is given to beneficiaries’ than 15 years of service
 Beneficiaries  Controlling factor: at least of 3 years
o Spouse of service
o Children  Unemployment
 Not limited to  Given to a permanent employee who
legitimate is voluntarily removed from service
 Applies to a member or pensioner due to abolition of position
 o Due to reorganization
 Funeral  Disability
 Applies to member or pensioner  Suffered from permanent disability +
o GSIS without one’s fault
 Life  Total / Partial
 Insurance on the life of the member  If only sick = up to 120 days
= when he dies > certain amount is o More than 120 > claim
given disability benefit
 Most insurance under GSIS >  Survivorship
Enhance Life Policy> Aug. 1 , 2003  Equivalent to Death Benefit
o Before > Life Endowment  Given to beneficiaries
Policy o Cash + pension
 Life Insurance = both Life and  Funeral
Endowment  Difference SSS
o Do not Die + matures = Get o Unemployment, Life
certain sum  Employee’s Compensation
 Retirement o Insurance – when employee got sick /injured/
 Retire from service in government disabled/ death because of work; has to be work-
 At least 15 years of service + reach related
the age of 60 = retire o Can be claimed with other benefits
 Benefit  SSS + Employee’s Compensation
o Cash + pension o Benefits under Employee’s Compensation
19

FFD
  Medical RESPONSIBILITIES
 Rehabilitation  BoT
 Cash for Disabilities o Decide claims under dispute
 Cash for Death
o Work-related PROCEDURE
 In the work place  More or less the same
 Doing an official function o But in SSS
o NO Compensation  Before going up to Commission > claim
 Due to negligence goes to SSS
 Drunkenness  One cannot just go up
 Wilful intention to injure oneself  Sworn Petition + Certification of Non-Forum
Shopping
PROCEDURE UNDER SSS, GSIS, EMPLOYEE’S COMPENSATION  Hearing officer> then Commission
Enbanc
SSS  >Pre-hearing
 Commission  Try to settle the matter
 9 commissioners  >Then respective papers and affidavits
 Commissioner – 3 years  >Maybe, additional hearings
 3 – employee; 3-employers; 1 –gen public  >Decision of the Commission
o 3 each > at least one is women o GSIS
 Should pass through the Committee on
GSIS Claims
 Headed: Sec . of  Then go up to BoT
o May appoint: the Vice-Chair> the President  Can decide on claims
 Board of Trustees  Procedure
o Pres. and Gen Man  File a verified claims
o 1 from teachers  Answer -10 days(15 in SSS)
o 2- gov. employee  Assigned in a Hearing Officers to
o 4 – finance conduct
o 1 – lawyer  Affidavits
 Board of T- 6 years  H/O > may ask for clarificatory
hearing
20

FFD
  Recommendation to the Board  No point of adding up
 BoT Decides  Not qualified in both = totalization
PRESCRIPTIVE PERIOD  In Public sector> then not qualified in GSIS = look at SSS
 SSS-10 years ;GSIS- 4 years contribution
 Accrues:  In Private Sector> then not qualified in SSS = look at
GSIS contribution
EXCLUSIVITY OF BENEFITS >SSS; GSIS
 Option of the Beneficiary to choose which to claim from
other benefits given by law FINALS
o “what you should get is the maximum benefit”  CONVERSION
o If less than GSIS> they will fill it  DISTURBANCE COMPENSATION
 RULES ON CONVERSIO
PORTABILITY LAW – RA 7691  WHO ARE THE BENEFICIARIES
 Transfer of funds> for the account of the worker who o HOW DO THEY APY
moves from one system to another  JUST COMPENSATION
o Private Employee(SSS) > now Government  HOW LAND OWNERS ARE PAID
Employee (GSIS); vice versa  RULES ON PROCEDURE OF DARAB
 What happens to the contribution with the SSS? o COVERED
o Law: transfer the contribution from one system to o NOT COVERED
another  RETENTION AREA
 Most of the time> happens to GOCC employees o WHO MAY RETAIN
 SSS
NOT A 1:1 TRANSFER  GSIS
 EMPLOYEES COMPENSATION
BENEFITS  PORTABILITY LAW
 Same benefits

TOTALIZATION
 Process of adding up the period of creditable services or
contribution = to acquire a benefit
o No totalization if one is already qualified to get the
benefit under the current system
21

FFD