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C.

PHASING

Sec 7, RA 6657 Sec 7. RA 9700 Sec 5, AO 7 (2011)


Priorities — The Department of Agrarian Reform (DAR) in coordination with the Presidential Agrarian
Reform Council (PARC) Shall plan and program the acquisition and distribution of all
 agricultural lands through a period of (10)  remaining unacquired and undistributed
years from the effectivity of this Act. agricultural lands from the effectivity of this
Act until June 30, 2014.
 Lands shall be acquired and distributed as
follows:  Lands shall be acquired and distributed as
follows:
Phase 1: Rice and corn lands under PD 27; Phase 1: During the (5)-year extension period Phase 1 (July 1, 2009 – June 30, 2012)
 all idle or abandoned lands; hereafter:  All large single private agricultural
 all private lands voluntarily offered by the  all remaining lands above (50) hectares shall lands above 50-hectares (with or
owners for agrarian reform; be covered for purposes of agrarian reform without notice of coverage)
 all lands foreclosed by the government upon the effectivity of this Act.  All large aggregate private agricultural
financial institutions;  All private agricultural lands of landowners lands (PALs) of landowners with total
 all lands acquired by the Presidential with aggregate landholdings in excess of area greater than 50-hectares with
Commission on Good Government (PCGG); (50) hectares which have already been NOC as of Dec 10, 2008
and subjected to a notice of coverage issued on  PD 27 Lands, regardless of size
 all other lands owned by the government or before December 10, 2008;  All idle or abandoned agricultural
devoted to or suitable for agriculture,  rice and corn lands under PD 27; lands, regardless of size
which shall be acquired and distributed  all idle or abandoned lands;  All lands offered under Voluntary
immediately upon the effectivity of this Act,  all private lands voluntarily offered by the Offer to Sell, regardless of size
with the implementation to be completed owners for agrarian reform:  Lands covered by Voluntary Land
within a period of not more than (4) years; Transfer, regardless of size, submitted
Provided: as of June 30, 2009, subj to provi of
 That with respect to voluntary land transfer, AO 8 (2003)
only those submitted by June 30, 2009 shall  Government Financial Institutions
be allowed (GPI) – foreclosed lands, regardless of
size
 That after June 30, 2009, the modes of  PCCG- acquired lands, regardless of
acquisition shall be limited to voluntary size
offer to sell and compulsory acquisition:  All other government-owned
alienable and disposable agricultural
 That all previously acquired lands wherein lands, regardless of size
valuation is subject to challenge by
landowners shall be completed and finally
resolved pursuant to Section 17 of Republic
Act No. 6657, as amended:

 finally, as mandated by the Constitution, RA


6657, as amended, and RA 3844, as
amended, only farmers (tenants or lessees)
and regular farmworkers actually tilling the
lands, as certified under oath by the
Barangay Agrarian Reform Council (BARC)
and attested under oath by the landowners,
are the qualified beneficiaries.

 The intended beneficiary shall state under


oath before the judge of the city or
municipal court that he/she is willing to
work on the land to make it productive and
to assume the obligation of paying the
amortization for the compensation of the
land and the land taxes thereon;

 all lands foreclosed by government financial


institutions;
 all lands acquired by the Presidential
Commission on Good Government (PCGG);
and
 all other lands owned by the government
devoted to or suitable for agriculture, which
shall be acquired and distributed
immediately upon the effectivity of this Act,
with the implementation to be completed
by June 30, 2012;
Phase 2: Phase 2: Phase 2-A (July 1, 2009 – June 30, 2012)
 All alienable and disposable public (a) Lands (24) to (50) hectares shall likewise be  All remaining large single agricultural
agricultural lands; covered for purposes of agrarian reform lands with an are of 24-50 hectares
 all arable public agricultural lands under upon the effectivity of this Act. (with or without NOC)
agro-forest, pasture and agricultural leases  All alienable and disposable public  All PALs of landowners with an
already cultivated and planted to crops in agricultural lands; aggregate area of above 24-50
accordance with (Sec 6, Art XIII of the  all arable public agricultural lands under hectares with NOC as of Dec 10,2008
Constitution); agro-forest, pasture and agricultural leases  All agricultural lands provided in the
 all public agricultural lands which are to be already cultivated and planted to crops in preceding phase yet to be completed.
opened for new development and accordance with (Sec 6, Art XIII ,Consti);
resettlement; and  all public agricultural lands which are to be
 all private agricultural lands in excess of opened for new development and Phase 2-B (July 1, 2012 – June 30, 2013)
(50) hectares, insofar as the excess resettlement: and  All remaining PALs of landowners with
hectarage is concerned, to implement  all private agricultural lands of landowners an aggregate area in excess of 24
principally the rights of farmers and regular with aggregate landholdings above (24) to hectares with or without NOC
farmworkers, who are the landless, to own (50) hectares which have already been  All agricultural lands provided in the
directly or collectively the lands they till, subjected to a notice of coverage issued on preceding phases yet to be completed
which shall be distributed immediately or before December 1O, 2008,
upon the effectivity of this Act, with the - to implement principally the rights of
implementation to be completed within a farmers and regular farmworkers, who
period of not more than (4) years. are landless,
- to own directly or collectively the lands
they till, which shall be distributed
immediately upon the effectivity of this
Act, with the implementation to be
completed by June 30, 2012; and

(b) All remaining private agricultural lands of


landowners with aggregate landholdings in
excess of (24) hectares, regardless as to
whether these have been subjected to
notices of coverage or not, with the
implementation to begin on July 1, 2012
and to be completed by June 30, 2013;

Phase 3: All other private agricultural lands Phase 3: All other private agricultural lands Phase 3-A(July 1, 2012 – June 30, 2013)
commencing with large landholdings and commencing with large landholdings and  All PALs with an aggregate area of
proceeding to medium and small landholdings proceeding to medium and small landholdings above 10 – 24 hectares, with respect
under the following schedule: under the following schedule: to the excess above 10 hectares
 All agricultural lands provided in the
(a) Landholdings above (24) to (50) hectares, (a) Lands of landowners with aggregate preceding phases yet to be completed
to begin on the (4th) year from the landholdings above (10) to (24)hectares,
effectivity of this Act and to be completed insofar as the excess hectarage above (10) Phase 3-B (July 1, 2013 – June 30, 2014)
within (3) years; and hectares is concerned, to begin on July  All PALs with an aggregate area from
1,2012 and to be completed by June 30, above 5 – 10 hectares with respect to
(b) Landholdings from the retention limit up to 2013; and the excess above 5 hectares
(24) hectares, to begin on the (6th) year  All agricultural lands provided in the
from the effectivity of this Act and to be (b) Lands of landowners with aggregate preceding phases yet to be completed
completed within (4) years; to implement landholdings from the retention limit up to
principally the right of farmers and regular 10) hectares, to begin on July 1, 2013 and to
farmworkers who are landless, to own be completed by June 30, 2014; to
directly or collectively the lands they till. implement principally the right of farmers
and regular farmworkers who are landless,
to own directly or collectively the lands they
till.
 The schedule of acquisition and  The schedule of acquisition and  The Presidential Agrarian Reform
redistribution of all agricultural lands redistribution of all agricultural lands Council (PARC) or the PARC Executive
covered by this program shall be made in covered by this program shall be made in Committee, upon the
accordance with the above order of accordance with the above order o f recommendation of the PARCCOM,
priority, which shall be provided in the priority, which shall be provided in the
implementing rules to be prepared by the implementing rules to be prepared by the may authorize particular provinces to
Presidential Agrarian Reform Council PARC, taking into consideration the proceed with the acquisition and
(PARC), taking into consideration the following: the landholdings wherein the distribution of agricultural lands of a
following; the need to distribute land to the farmers are organized and understand ,the particular Phase ahead of its schedule by
tillers at the earliest practicable time; the meaning and obligations of farmland declaring them as Priority Land Reform
need to enhance agricultural productivity; ownership; the distribution of lands to the Areas, provided that particular province
and the availability of funds and resources tillers at the earliest practicable time; the has completed the LAD of all the other
to implement and support the program. enhancement of agricultural productivity; Phases prior to the one to proceed ahead
and the availability of funds and resources of schedule
 In any case, the PARC, upon to implement and support the program:
recommendation by the Provincial Agrarian Provided, That the PARC shall design and
Reform Coordinating Committee conduct seminars, symposia, information
(PARCCOM), may declare certain provinces campaigns, and other similar programs for
or region as priority land reform areas, in farmers who are not organized or not
which the acquisition and distribution of covered by any landholdings. Completion by
private agricultural lands therein may be these farmers of the aforementioned
implemented ahead of the above seminars, symposia, and other similar
schedules. programs shall be encouraged in the
implementation of this Act particularly the
 In effecting the transfer within these provisions of this Section.
guidelines, priority must be given to lands
that are tenanted.  Land acquisition and distribution shall be
completed by June 30, 2014 on a province-
 The PARC shall establish guidelines to by- province basis. In any case, the PARC or
implement the above priorities and the PARC Executive Committee (PARC
distribution scheme, including the EXCOM), upon recommendation by the
determination of who are qualified Provincial Agrarian Reform Coordinating
beneficiaries: provided, that an owner-tiller Committee (PARCCOM), may declare
may be a beneficiary of the land he does certain provinces as priority land reform
not own but is actually cultivating to the areas, in which case the acquisition and
extent of the difference between the area distribution of private agricultural lands
of the land he owns and the award ceiling therein under advanced phases may be
of three (3) hectares. implemented ahead of the above schedules
on the condition that prior phases in these
provinces have been completed: Provided,
That notwithstanding the above schedules,
phase three (b) shall not be implemented in
a particular province until at least ninety
percent (90%) of the provincial balance of
that particular province as of January 1,
2009 under Phase One, Phase Two (a),
Phase Two (b),,and Phase Three (a),
excluding lands under the jurisdiction of the
Department of Environment and Natural
Resources (DENR), have been successfully
completed.

 The PARC shall establish guidelines to


implement the above priorities and
distribution scheme, including the
determination of who are qualified
beneficiaries: Provided, That an owner-tiller
may be a beneficiary of the land he/she
does not own but is actually cultivating to
the extent of the difference between the
area of the land he/she owns and the award
ceiling of three (3) hectares: Provided,
further, That collective ownership by the
farmer beneficiaries shall be subject to
Section 25 of Republic Act No. 6657, as
amended: Provided, furthermore, That rural
women shall be given the opportunity t o
participate in the development planning
and implementation of this Act: Provided,
finally, That in no case should the agrarian
reform beneficiaries' sex, economic,
religious, social, cultural and political
attributes adversely affect the distribution
of lands.

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