AGRARIAN LAW - UNGOS BOOK NOTES

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1 INTRODUCTION ETYMOLOGY Latin wrd Agra means a field Agrarian relating t land r t the wnership r divisin f land AGRARIAN LAWS laws that gvern and regulate: Distributin f public agricultural lands, large estates, Relatinship and rights ver agricultural lands between landwners farmers wh wrk n land r agricultural wrkers tenants lessees AGRARIAN REFORM Current fcus f agrarian laws Aims fr redistributin r break up f agricultural lands t transfrm them int ecnmic size farms t be wned by farmers themselves End view is t uplift the sci ecnmic status f farmers Funded n right f landless farmers and regular farm wrkers t directly r cllectively wn the lands they till r t receive a just share in the fruits theref LAWS ON AGRARIAN REFORM Cmprehensive Agrarian refrm Law basic law Tenant Emancipatin Law Cde f Agrarian Refrms SOCIAL LEGISLATION Brad enugh t cver labr, agrarian and welfare laws Emphasis is n the aspect f general public gd and scial welfare Laws r statutes enacted pursuant t the scial justice clause f the Cnstitutin CHAPTER I Preliminary Chapter Sectin 1. Title. Cmprehensive Agrarian Refrm Law f AGRARIAN LAW all laws that gvern and regulate rights and relatinship between tenants, agricultural wrkers, lessees r landwners (tall), ver agricultural lands HISTORY OF PHILIPPINE AGRARIAN LAWS Spanish Era Civil Cde s Special Prvisins fr Rural Leases - relatinship between landwners and tenants American Regime Rice Share Tenancy Act - relatinship between landlrds and tenants n rice lands Sugar Tenancy Act relatinship between landlrds and tenants n lands planted t sugar cane Cmmnwealth Perid CA 53 testimny f tenant was regarded as prima facie evidence f terms f tenancy cntract that was nt reduced in writing in language knwn t him CA 178 Amended Rice Share Tenancy Zep Rivera 1

2 CA 271 Amended Sugar Tenancy Act by extending applicatin t sugar farm wrkers (initially nly landlrds and tenants) CA 461 security f tenure t agricultural tenants CA 608 Amended CA 461 After grant f independence RA 34 amended Rice Share Tenancy Act intrduced changes in crp divisin Agricultural Share Tenancy Act repealed all earlier tenancy laws except Sugar Tenancy Act RA2263 amended the amended Rice Share Tenancy Act RA exprpriatin f all tenanted estates Agricultural Land Refrm Cde Aug ablished share tenancy instituted the agricultural leasehld system RA 6389 amended the Agricultural Refrm Cde int Cde f Agrarian Refrms Marcs Regime PD 27 Tenant Emancipatin Law prvided fr the transfer f lands primarily devted t rice and crn t tenants PD 946 created Curt f Agrarian Relatins PD 1038 strengthened security f tenure f tenants in n rice r crn agricultural lands PD 251, 44, 1039 and 1817 amended Cde f Agrarian Refrms Aquin Regime EO 228 Declaring full land wnership in favr f beneficiaries under PD 27 1 EO 229 Prviding fr mechanics f implementatin Prclamatin 131 instituted cmprehensive refrm prgram Cmprehensive Agrarian Refrm Law f 1988 June RA 7881, 7905, 8532, 9700 amended CARL MEANING OF AGRARIAN REFORM 2 Physical redistributin f lands and the ttality f factrs and supprt services designed t lift the ecnmic status f beneficiaries and all ther arrangements alternative t the physical redistributin f the lands, such as prductin r prfit sharing, labr administratin, and distributin f shares f stck, Allws them t receive a just share f the fruits f the lands they wrk Regardless f crp r fruits prduced t farmers and regular farmers wh are landless and irrespective f tenurial arrangement REASON FOR ALTERNATIVES TO LAND DISTRIBUTION - Cnfining agrarian refrm t land distributin is nt feasible because there is nt enugh agricultural land t be distributed t every farmer r regular farm wrkers CARL APPLIES ONLY TO AGRICULTURAL LAND Lands Devted t agricultural activities 1 Emancipatin f tenants frm the bndage f the sil, transferring t them the wnership f the land they till and prviding the instruments and mechanism therefr 2 Sectin 3 Zep Rivera 2

3 Arable and suitable fr farming CARL DOES NOT APPLY TO: (CRIM-F) 1. Cmmercial Land 2. Residential Land 3. Industrial Land 4. Mineral Land 5. Frest Land NATALIA REALTY DEV V. DAR (twnsite reservatin nt agricultural land) Landwner: Natalia Realty Inc. PD Prclaimed 20,312 hectares f land as twn site reservatin, part f which was the land f Natalia Antipl, Mntalban, San Mate Reasn: ppulatin verspill in the metrplis Private landwners were allwed t develp prperties int lw cst husing subdivisins with reservatin Natalia was allwed by HLURB t develp land int a subdivisin CARL then tk effect 9 years later (June ) Natalia sught t cancel DAR s Ntice f Cverage n undevelped prtins f the subdivisin Natalia claimed that the land was n lnger cvered by CARL because the PD cnverted the land t a twn site reservatin and was therefr n lnger agricultural land HELD: Undevelped prtins f Natalia prperties are NOT cvered by the CARL because they are NOT agricultural land. Agricultural land des NOT include cmmercial, industrial r residential land. CONSTITUTIONALITY OF CARP valid exercise f plice pwer Sectin 2. Declaratin f Principles and Plicies. It is the plicy f the State t pursue a Cmprehensive Agrarian Refrm Prgram (CARP). The welfare f the landless farmers and farmwrkers will receive the highest cnsideratin t prmte scial justice and t mve the natin tward sund rural develpment and industrializatin, and the establishment f wner cultivatrship f ecnmic-size farms as the basis f Philippine agriculture. The State shall prmte industrializatin and full emplyment based n sund agricultural develpment and agrarian refrm, thrugh industries that make full and efficient use f human and natural resurces, and which are cmpetitive in bth dmestic and freign markets: Prvided, That the cnversin f agricultural lands int industrial, cmmercial r residential lands shall take int accunt, tillers' rights and natinal fd security. Further, the State shall prtect Filipin enterprises against unfair freign cmpetitin and trade practices. The State recgnizes that there is nt enugh agricultural land t be divided and distributed t each farmer and regular farmwrker s that each ne can wn his/her ecnmic-size family farm. This being the case, a meaningful agrarian refrm prgram t uplift the lives and ecnmic status f the farmer and his/her children can nly be achieved thrugh simultaneus industrializatin aimed at develping a self-reliant and independent natinal ecnmy effectively cntrlled by Filipins. T this end, the State may, in the interest f natinal welfare r defense, establish and perate vital industries. Zep Rivera 3

4 A mre equitable distributin and wnership f land, with due regard t the rights f landwners t just cmpensatin, retentin rights under Sectin 6 f Republic Act N , as amended, and t the eclgical needs f the natin, shall be undertaken t prvide farmers and farmwrkers with the pprtunity t enhance their dignity and imprve the quality f their lives thrugh greater prductivity f agricultural lands. The agrarian refrm prgram is funded n the right f farmers and regular farmwrkers, wh are landless, t wn directly r cllectively the lands they till r, in the case f ther farmwrkers, t receive a just share f the fruits theref. T this end, the State shall encurage and undertake the just distributin f all agricultural lands, subject t the pririties and retentin limits set frth in this Act, taking int accunt eclgical, develpmental, and equity cnsideratins, and subject t the payment f just cmpensatin. The State shall respect the right f small landwners, and shall prvide incentive fr vluntary land-sharing. As much as practicable, the implementatin f the prgram shall be cmmunity-based t assure, amng thers, that the farmers shall have greater cntrl f farmgate prices, and easier access t credit. The State shall recgnize the right f farmers, farmwrkers and landwners, as well as cperatives and ther independent farmers rganizatins, t participate in the planning, rganizatin, and management f the prgram, and shall prvide supprt t agriculture thrugh apprpriate technlgy and research, and adequate financial, prductin, marketing and ther supprt services. The State shall recgnize and enfrce, cnsistent with existing laws, the rights f rural wmen t wn and cntrl land, taking int cnsideratin the substantive equality between men and wmen as qualified beneficiaries, t receive a just share f the fruits theref, and t be represented in advisry r apprpriate decisin-making bdies. These rights shall be independent f their male relatives and f their civil status. The State shall apply the principles f agrarian refrm, r stewardship, whenever applicable, in accrdance with law, in the dispsitin r utilizatin f ther natural resurces, including lands f the public dmain, under lease r cncessin, suitable t agriculture, subject t prir rights, hmestead rights f small settlers and the rights f indigenus cmmunities t their ancestral lands. The State may resettle landless farmers and farm wrkers in its wn agricultural estates, which shall be distributed t them in the manner prvided by law. By means f apprpriate incentives, the State shall encurage the frmatin and maintenance f ecnmic-size family farms t be cnstituted by individual beneficiaries and small landwners. The State shall prtect the rights f subsistence fishermen, especially f lcal cmmunities, t the preferential use f cmmunal marine and fishing resurces, bth inland and ffshre. It shall prvide supprt t such fishermen thrugh apprpriate technlgy and research, adequate financial, prductin and marketing assistance and ther services. The State shall als prtect, develp and cnserve such resurces. The prtectin shall extend t ffshre fishing grunds f subsistence fishermen against freign intrusin. Fishwrkers shall receive a just share frm their labr in the 3 Cmprehensive Agrarian Refrm Prgram Zep Rivera 4

5 utilizatin f marine and fishing resurces. The State shall be guided by the principles that land has a scial functin and land wnership has a scial respnsibility. Owners f agricultural land have the bligatin t cultivate directly r thrugh labr administratin the lands they wn and thereby make the land prductive. The State shall prvide incentives t landwners t invest the prceeds f the agrarian refrm prgram t prmte industrializatin, emplyment and privatizatin f public sectr enterprises. Financial instruments used as payment fr lands shall cntain features that shall enhance negtiability and acceptability in the marketplace. The State may lease undevelped lands f the public dmain t qualified entities fr the develpment f capitalintensive farms, and traditinal and pineering crps especially thse fr exprts subject t the prir rights f the beneficiaries under this Act. PRIMARY OBJECTIVE OF AGRARIAN REFORM Breakup agricultural lands t transfrm them int ecnmic size farms t be wned by farmers themselves, t uplift their ecnmic status. Funded n the right f landless farmers and landless regular farm wrkers t directly r cllectively wn the lands they till r in case f farm wrkers, t receive a just share in fruits theref. Des nt guarantee imprvement in lives f the agrarian refrm beneficiaries, but it merely prvides fr pssibility f favrable chance f uplifting ecnmic status f the agrarian refrm beneficiaries MEANING OF ECONOMIC FAMILY SIZE FARM - area f farm land that permits efficient use f labr and capital resurces f the farm family and will prduce a sufficient incme t prvide fr (MIR) Mdest standard f living t meet a farm family s needs fr fd, clthing, shelter and educatin with Pssible allwance fr payment f yearly installments n land and Reasnable reserves t absrb yearly fluctuatins in incme Sectin 3. Definitins. Fr the purpse f this Act, unless the cntext indicates therwise: Agrarian Refrm redistributin f lands, regardless f crps r fruits prduced, t farmers and regular farmwrkers wh are landless, irrespective f tenurial arrangement, t include the ttality f factrs and supprt services designed t lift the ecnmic status f the beneficiaries and all ther arrangements alternative t the physical redistributin f lands, such as prductin r prfit-sharing, labr administratin, and distributin f shares f stcks, which will allw beneficiaries t receive a just share f the fruits f the lands they wrk. Agriculture, Agricultural Enterprise r Agricultural Activity Agricultural Land cultivatin f the sil, planting f crps, grwing f fruit trees, including the harvesting f such farm prducts and ther farm activities and practices perfrmed by a farmer in cnjunctin with such farming peratins dne by persns whether natural r juridical. (amended) land devted t agricultural activity as defined in this Act and nt classified as mineral, frest, residential, cmmercial r industrial land. Zep Rivera 5

6 Agrarian Dispute any cntrversy relating t tenurial arrangements, whether leasehld, tenancy, stewardship r therwise, ver lands devted t agriculture, including disputes cncerning farmwrkers' assciatins r representatin f persns in negtiating, fixing, maintaining, changing, r seeking t arrange terms r cnditins f such tenurial arrangements. includes any cntrversy relating t cmpensatin f lands acquired under this Act and ther terms and cnditins f transfer f wnership frm landwners t farmwrkers, tenants and ther agrarian refrm beneficiaries, whether the disputants stand in the prximate relatin f farm peratr and beneficiary, landwner and tenant, r lessr and lessee. Idle r any agricultural land nt cultivated, tilled r develped t prduce any crp nr devted t Abandned Land any specific ecnmic purpse cntinuusly fr a perid f three (3) years immediately prir t the receipt f ntice f acquisitin by the gvernment as prvided under this Act, des nt include land that has becme permanently r regularly devted t nnagricultural purpses. des nt include land which has becme unprductive by reasn f frce majeure r any ther frtuitus event, prvided that prir t such event, such land was previusly used fr agricultural r ther ecnmic purpse. Farmer a natural persn whse primary livelihd is cultivatin f land r the prductin f agricultural crps, livestck and/r fisheries either by himself/herself, r primarily with the assistance f his/her immediate farm husehld, whether the land is wned by him/her, r by anther persn under a leasehld r share tenancy agreement r arrangement with the wner theref. Farmwrker natural persn wh renders service fr value as an emplyee r labrer in an agricultural enterprise r farm regardless f whether his cmpensatin is paid n a daily, weekly, mnthly r "pakyaw" basis includes an individual whse wrk has ceased as a cnsequence f, r in cnnectin with, a pending agrarian dispute and wh has nt btained a substantially equivalent and regular farm emplyment. Regular natural persn wh is emplyed n a permanent basis by an agricultural enterprise r farm. Farmwrker Seasnal Farmwrker natural persn wh is emplyed n a recurrent, peridic r intermittent basis by an agricultural enterprise r farm, whether as a permanent r a nn-permanent labrer, such as "dumaan", "sacada", and the like. Other farmwrker wh is nt regular r seasnal farmwrker Farmwrker Cperatives rganizatins cmpsed primarily f small agricultural prducers, farmers, farmwrkers, r ther agrarian refrm beneficiaries wh vluntarily rganize themselves fr the purpse f pling land, human, technlgical, financial r ther ecnmic resurces, and perated n the principle f ne member, ne vte. juridical persn may be a member f a cperative, with the same rights and duties as a natural persn. Rural wmen wmen wh are engaged directly r indirectly in farming and/r fishing as their surce f livelihd, whether paid r unpaid, regular r seasnal, r in fd preparatin, managing the husehld, caring fr the children, and ther similar activities. RAISING OF LIVESTOCK, POULTRY OR FISH NOT EMBRACED IN THE TERM AGRICULTURE - Lands devted t Zep Rivera 6

7 raising f livestck, pultry and swine are exempt frm the agrarian refrm prgram because they are industrial land, nt agricultural. LUZ FARMS V. SEC OF AGRA Uncnstitutinal t include lands devted t raising f livestck, pultry and swine within agriculture because n land is tilled and n crp is harvested. Land is nt the primary resurce in raising f livestck, pultry r swine. Des nt sprut frm land and are nt fruits f land. Zep Rivera 7

8 CHAPTER II Cverage Sectin 4. Scpe. The Cmprehensive Agrarian Refrm Law f 1988 shall cver, regardless f tenurial arrangement and cmmdity prduced, all public and private agricultural lands as prvided in Prclamatin N. 131 and Executive Order N. 229, including ther lands f the public dmain suitable fr agriculture: Prvided, That landhldings f landwners with a ttal area f five (5) hectares and belw shall nt be cvered fr acquisitin and distributin t qualified beneficiaries. Mre specifically, the fllwing lands are cvered by the CARP: All alienable and dispsable lands f the public dmain devted t r suitable fr agriculture. N reclassificatin f frest r mineral lands t agricultural lands shall be undertaken after the apprval f this Act until Cngress, taking int accunt eclgical, develpmental and equity cnsideratins, shall have determined by law, the specific limits f the public dmain; All lands f the public dmain in excess f the specific limits as determined by Cngress in the preceding paragraph; All ther lands wned by the Gvernment devted t r suitable fr agriculture; and All private lands devted t r suitable fr agriculture regardless f the agricultural prducts raised r that can be raised theren. A cmprehensive inventry system in cnsnance with the natinal land use plan shall be instituted by the Department f Agrarian Refrm (DAR), in accrdance with the Lcal Gvernment Cde, fr the purpse f prperly identifying and classifying farmlands within ne (1) year frm effectivity f this Act, withut prejudice t the implementatin f the land acquisitin and distributin. LANDS COVERED BY THE AGRARIAN REFORM LAW All public and private agricultural lands Other lands f public dmain suitable fr agriculture LANDS NOT COVERED BY THE AGRARIAN REFORM LAW Private lands with ttal are f 5 hectares and belw law says landhldings f landwners with a ttal area f 5 hectares and belw shall nt be cvered fr acquisitin and distributin t qualified beneficiaries Lands actually, directly and exclusively used fr parks, wildlife, frest reserves, refrestatin, fish sanctuaries and breeding grunds, watersheds and mangrves prawn farms and fishpnds (private lands) Lands actually, directly and exclusively used and fund t be necessary fr Natinal defense Schl sites and campuses Experimental farm statins perated fr educatinal purpses Seeds and seedling research and pilt prductin center Church sites and cnvents appurtenant theret Msque sites and Islamic centers appurtenant theret Cmmunal burial grunds and cemeteries Penal clnies and penal farms actually wrked by the inmates Research and quarantine centers All lands with 18% slpe and ver except thse already develped. Zep Rivera 8

9 Sectin 5. Schedule f Implementatin. The distributin f all lands cvered by this Act shall be implemented immediately and cmpleted within ten (10) years frm the effectivity theref. IMPLEMENTATION EXTENDED BY RA 9700 t JUNE 30, 2014 Sectin 6. Retentin Limits. Except as therwise prvided in this Act, n persn may wn r retain, directly r indirectly, any public r private agricultural land, the size f which shall vary accrding t factrs gverning a viable family-size farm, such as cmmdity prduced, terrain, infrastructure, and sil fertility as determined by the Presidential Agrarian Refrm Cuncil (PARC) created hereunder, But in n case shall retentin by the landwner exceed five (5) hectares. Three (3) hectares may be awarded t each child f the landwner, subject t the fllwing qualificatins: ( he is at least fifteen (15) years f age; and ( he is actually tilling the land r directly managing the farm: Prvided, that landwners whse lands have been cvered by Presidential Decree N. 27 shall be allwed t keep the areas riginally retained by them thereunder: Prvided, further, that riginal hmestead grantees r their direct cmpulsry heirs wh still wn the riginal hmestead at the time f the apprval f this Act shall retain the same areas as lng as they cntinue t cultivate said hmestead. The right t chse the area t be retained, which shall be cmpact r cntiguus, shall pertain t the landwner Prvided, hwever, that in case the area selected fr retentin by the landwner is tenanted, tenant shall have the ptin t chse whether t remain in retained area he shall be cnsidered a leasehlder and shall lse his right t be a beneficiary be a beneficiary in the same r anther agricultural land with similar r cmparable features. he lses his right as a leasehlder t the land retained by the landwner. The tenant must exercise this ptin within a perid f (1) year frm time the landwner manifests his chice f the area fr retentin. In all cases, the security f tenure f the farmers r farmwrkers n the land prir t the apprval f this Act shall be respected. Upn the effectivity f this Act, any sale, dispsitin, lease, management, cntract r transfer f pssessin f private lands executed by the riginal landwner in vilatin f the Act shall be null and vid: prvided, Hwever, that thse executed prir t this Act shall be valid nly when registered with the Register f Deeds within a perid f three (3) mnths after the effectivity f this Act. Thereafter, all Registers f Deeds shall infrm the Department f Agrarian Refrm (DAR) within thirty (30) days f any transactin invlving agricultural lands in excess f five (5) hectares. RETENTION RIGHT OF LANDOWNER Landwner has right t retain nt mre than 5 hectares f his landhldings maximum retentin f 5 hectares Retained area des nt have t be persnally cultivated by the landwner Cultivatin can be dne indirectly thrugh labr administratin Zep Rivera 9

10 LANDOWNER WHO ALREADY EXERCISED RETENTION RIGHTS UNDER PD 27 4 CANT EXERCISE RETENTION RIGHTS UNDER CARP If landwner chses t retain 5 hectares under CARL, 7 hectares previusly retained under PD 27 shall be immediately placed under CARP. CAN SPOUSES RETAIN 5 HECTARES EACH UNDER THE AGRARIAN REFORM LAW Cnjugal r Abslute Cmmunity spuses can nly retain 5 hectares Separatin f prperty spuses can retain 5 hectares each r a ttal f 10 hectares LAND OWNER HAS RIGHT TO CHOSE AREA TO BE RETAINED Land wners chice f area t be retained prevails as lng as: Chsen area must be cmpact r cntiguus Des nt exceed retentin ceiling f 5 hectares Landwner must exercise his right f retentin within 60 days frm receipt f Ntice f Cverage FAILURE OF LANDOWNER TO EXERCISE RIGHT OF RETENTION - Municipal Agrarian Refrm Officer will designate retained area fr landwner if landwner fails t exercise his right f retentin within alltted time CAN A LANDOWNER EXERCISE RIGHT TO RETENTION OVER THE LAND WHICH HAS ALREADY BEEN COVERED BY AN EMANCIPATION PATENT OR CERTIFICATE OF LAND OWNERSHIP AWARD Emancipatin Patent r Certificate f Land Ownership Award t beneficiaries des nt abslutely bar landwner frm retaining area cvered If landwner is deprived f right t retentin, he may file a petitin fr cancellatin f EP r CLOA issued t the tenants EP r CLOA may be cancelled if land cvered is fund t be part f landwner s retained area SUPPOSE THE RETENTION AREA CHOSEN BY THE LANDOWNER IS TENANTED, WHAT HAPPENS TO THE TENANT Tenant may chse t remain therein r be a beneficiary in the same r anther agricultural land with similar r cmparable features Optin must be exercised within a perid f 1 year frm time landwner manifests chice f area fr retentin Law refers t an Agricultural Tenant, nt just any settler n the land Substantial evidence f landlrd tenant relatinship must exist Landwner has engaged a persn t persnally cultivate an agricultural land Landwner is cmpensated in terms f share in prduce (share tenancy) r in terms f price certain r ascertainable in prduce r in mney r bth (leasehld tenancy) mere ccupatin r cultivatin f an agricultural land will nt ips fact make tiller an agricultural tenant IF THE TENANT CHOOSES TO REMAIN IN THE RETAINED AREA, HE BECOMES AN AGRICULTURAL LESSEE Tenant becmes an Agricultural Lessee, nt a tenant and is therefr n lnger qualified t be an agrarian refrm beneficiary 4 DECREEING EMANCIPATION OF TENANTS FROM BONDAGE OF SOIL, TRANSFERRING TO THEM OWNERSHIP OF LAND THEY TILL AND PROVIDING INSTRUMENTS AND MECHANISM THEREFOR Zep Rivera 10

11 Rights f Agricultural Lessee peaceful pssessin and enjyment f the land manage and wrk n land in a manner and methd f cultivatin and harvest which cnfrm t prven farm practices mechanize all r any phase f his farm wrk deal with millers and prcessrs and attend t issuance f quedans and warehuse receipts fr the prduce due him be affrded a hme lt be indemnified fr the cst and expenses incurred in the cultivatin, planting r harvesting and ther expenses incidental t imprvement f his crp in case he surrenders r abandns his landhlding fr just case r ejected therefrm buy the agricultural landhlding under reasnable terms and cnditin in case the agricultural lessr decides t sell the same redeem the landhlding at a reasnable price and cnsideratin in case agricultural lessr sld same t a third persn withut his knwledge Obligatins f Agricultural Lessee Cultivate and take care f the farm, grwing crps and ther imprvements n the landhlding as a gd father f a family and perfrm wrk in accrdance with prven farm practices Infrm agricultural lessr within a reasnable time f any trespass cmmitted by 3 rd persns upn farm, withut prejudice t his direct actin against the trespasser Take reasnable care f wrk animals and farm implements delivered t him by agricultural lessr and see that they are nt used fr purpses ther than thse intended r used by anther withut the knwledge and cnsent f the agricultural lessr Ntify agricultural lessr at least 3 days befre date f harvesting r threshing Pay lease rental t agricultural lessr when due TERM OF THE LEASE- AGRICULTURAL LEASEHOLD RELATION IS EXTINGUISHED BY Abandnment r vluntary surrender f land hlding by lessee Absence f successr in event f death r permanent incapacity f lessee Surviving Spuse Eldest direct descendant by cnsanguinity Next eldest descendant r descendants in rder f their age Death r incapacity f the lessee des nt necessarily extinguish the leasehld relatin because the leasehld cntinues between agricultural lessr and persn wh can cultivate the landhlding persnally Agricultural leasehld is nt terminated r extinguished by mere expiratin f the term r perid in a leasehld cntract Nt terminated by transfer f wnership r legal pssessin f the landhlding if agricultural lessr transfers wnership r legal pssessin f landhlding, transferee becmes agricultural lessr EFFECT IF THE TENANT CHOOSES TO BE A BENEFICIARY - Tenant lses his right t be a lessee f the land retained by the landwner CHILDREN OF THE LANDOWNER ARE ENTITLED TO 3 HECTARES EACH if landwner wns mre than 5 hectares f agricultural land, excess area may be awarded t children f landwner t extent f 3 hectares fr each child under the fllwing cnditins child is at least 15 years Zep Rivera 11

12 child is actually tilling the land r directly managing the farm Qualified child wh wns less than 5 hectares is still entitled t an award f his parents landhlding prvided that his ttal area including the awarded area des nt exceed the 5 hectares wnership ceiling ex. Child already wns 3 hectares f agricultural land, he can still be awarded 2 hectares frm his parents landhlding. Land awarded t qualified children f landwners cannt be sld, transferred, cnveyed within a perid f 10 years except Hereditary successin T the gvernment land Bank f the Philippines ther qualified beneficiaries Children r spuse can repurchase land frm gvernment r land bank within 2 years frm date f transfer RIGHT OF HOMESTEADERS 5 VIS A VIS RIGHT OF TENANTS Cnstitutin and CARL respect the superirity f rights f hmesteaders ver rights f tenants Art 13 Sec 6 - The State shall apply the principles f agrarian refrm r stewardship, whenever applicable in accrdance with law, in the dispsitin r utilizatin f ther natural resurces, including lands f the public dmain under lease r cncessin suitable t agriculture, subject t prir rights, hmestead rights f small settlers, and the rights f indigenus cmmunities t their ancestral lands. CARL Sec 6 - that riginal hmestead grantees r their direct cmpulsry heirs wh still wn the riginal hmestead at the time f the apprval f this Act shall retain the same areas as lng as they cntinue t cultivate said hmestead Agrarian Refrm is a remedial measure pursuant t scial justice precept f the Cnstitutin but it was nt meant t defeat the very purpse f the enactment f CA 141/ Hmestead Act enacted fr welfare and prtectin f the pr Gives a needy citizen a piece f land where he may build a mdest huse fr himself and family and plant what is necessary fr substinence and satisfactin f life s ther needs Owners r direct cmpulsry heirs f lands acquired thrugh hmestead grants f Free Patents under CA 141 r the Hmestead Act are entitled t retain the entire area even if it exceeds 5 hectares as lng as they were cultivating the same at the time f apprval f CARL June cntinue t cultivate the same SEC. 6-A. Exceptin t Retentin Limits. Prvincial, city and municipal gvernment,units acquiring private agricultural lands by exprpriatin r ther mdes f acquisitin t be used fr actual, direct and exclusive public purpses, such as rads and bridges, public markets, schl sites, resettlement sites, lcal gvernment facilities, public parks and barangay plazas r squares, cnsistent with the apprved lcal cmprehensive land use plan, shall nt be subject t the five (5)-hectare retentin limit under this Sectin and Sectins 70 and 73(a) f Republic Act N. 6657, as amended: Prvided, That lands subject t CARP shall first underg the land acquisitin and distributin prcess f the prgram: Prvided, further, That when these lands have been subjected t exprpriatin, the agrarian refrm beneficiaries therein shall be paid just cmpensatin." EXPROPRIATION OF PRIVATE AGRICULTURAL LANDS BY LGUS - if LGU exprpriates private agricultural land fr 5 a mde f acquiring alienable and dispsable lands f the public dmain fr agricultural purpses cnditined upn actual cultivatin and residence Zep Rivera 12

13 actual, direct and exclusive public purpses, DAR shuld first subject it t agrarian refrm cverage land shuld first be acquired by the natinal gvernment thrugh DAR DAR will pay just cmpensatin t landwner Thereafter, DAR will distribute the land t agrarian refrm beneficiaries after distributin, LGs will exprpriate the land and pay the agrarian refrm beneficiaries just cmpensatin SEC. 6-B. Review f Limits f Land Size. Within (6) mnths frm the effectivity f this Act, the DAR shall submit a cmprehensive study n the land size apprpriate fr each type f crp t Cngress fr a pssible review f limits f land sizes prvided in this Act." IMPORT OF THE LAW implied recgnitin that unifrm setting f 5 hectare limit fr all agricultural landhlding may nt be feasible because f the ecnmic differences fr each agricultural prducts lands planted t different crps cannt be treated identically Sectin 7. Pririties. The DAR, in crdinatin with the Presidential Agrarian Refrm Cuncil (PARC) shall plan and prgram the final acquisitin and distributin f all remaining unacquired and undistributed agricultural lands frm the effectivity f this Act until June 30, Lands shall be acquired and distributed as fllws: Phase One: During the (5)-year extensin perid hereafter all remaining lands abve fifty (50) hectares shall be cvered fr purpses f agrarian refrm upn the effectivity f this Act. All private agricultural lands f landwners with aggregate landhldings in excess f fifty (50) hectares which have already been subjected t a ntice f cverage issued n r befre December 10, 2008; rice and crn lands under Presidential Decree N. 27; all idle r abandned lands; all private lands vluntarily ffered by the wners fr agrarian refrm: Prvided, That with respect t vluntary land transfer, nly thse submitted by June 30, 2009 shall be allwed Prvided, further, That after June 30, 2009, the mdes f acquisitin shall be limited t vluntary ffer t sell and cmpulsry acquisitin: Prvided, furthermre, That all previusly acquired lands wherein valuatin is subject t challenge by landwners shall be cmpleted and finally reslved pursuant t Sectin 17 f Republic Act N. 6657, as amended: Prvided, finally, as mandated by the Cnstitutin, Republic Act N. 6657, as amended, and Republic Act N. 3844,as amended, nly farmers (tenants r lessees) and regular farmwrkers actually tilling the lands, as certified under ath by the Barangay Agrarian Refrm Cuncil (BARC) and attested under ath by the landwners, are the qualified beneficiaries. The intended beneficiary shall state under ath befre the judge f the city r municipal curt that he/she is willing t wrk n the land t make it prductive and t assume the bligatin f paying the amrtizatin fr the cmpensatin f the land and the land taxes theren; all lands freclsed by gvernment financial institutins; all lands acquired by the Presidential Cmmissin n Gd Gvernment (PCGG); and all ther lands wned by the gvernment devted t r suitable fr agriculture, which shall be acquired and distributed immediately upn the effectivity f this Act, with the implementatin t be cmpleted by June 30, 2012; Phase Tw: (a) Lands twenty-fur (24) hectares up t fifty (50) hectares shall likewise be cvered fr purpses f agrarian refrm upn the effectivity f this Act. All alienable and dispsable public agricultural lands; all arable public agricultural lands under agr-frest, pasture and agricultural leases already cultivated and Zep Rivera 13

14 planted t crps in accrdance with Sectin 6, Article XIII f the Cnstitutin; all public agricultural lands which are t be pened fr new develpment and resettlement: and all private agricultural lands f landwners with aggregate landhldings abve twenty-fur (24) hectares up t fifty (50) hectares which have already been subjected t a ntice f cverage issued n r befre December 1O, 2008, t implement principally the rights f farmers and regular farmwrkers, wh are landless, t wn directly r cllectively the lands they till, which shall be distributed immediately upn the effectivity f this Act, with the implementatin t be cmpleted by June 30, 2012; and All remaining private agricultural lands f landwners with aggregate landhldings in excess f twenty-fur (24) hectares, regardless as t whether these have been subjected t ntices f cverage r nt, with the implementatin t begin n July 1, 2012 and t be cmpleted by June 30, 2013; Phase Three: All ther private agricultural lands cmmencing with large landhldings and prceeding t medium and small landhldings under the fllwing schedule: (a) Lands f landwners with aggregate landhldings abve ten (10) hectares up t twenty- fur (24)hectares, insfar as the excess hectarage abve ten (10) hectares is cncerned, t begin n July 1,2012 and t be cmpleted by June 30, 2013; and (b) Lands f landwners with aggregate landhldings frm the retentin limit up t ten (10) hectares, t begin n July 1, 2013 and t be cmpleted by June 30, 2014; t implement principally the right f farmers and regular farmwrkers wh are landless, t wn directly r cllectively the lands they till. The schedule f acquisitin and redistributin f all agricultural lands cvered by this prgram shall be made in accrdance with the abve rder f pririty, which shall be prvided in the implementing rules t be prepared by the PARC, taking int cnsideratin the fllwing: the landhldings wherein the farmers are rganized and understand,the meaning and bligatins f farmland wnership; the distributin f lands t the tillers at the earliest practicable time; the enhancement f agricultural prductivity; and the availability f funds and resurces t implement and supprt the prgram: Prvided, That the PARC shall design and cnduct seminars, sympsia, infrmatin campaigns, and ther similar prgrams fr farmers wh are nt rganized r nt cvered by any landhldings. Cmpletin by these farmers f the afrementined seminars, sympsia, and ther similar prgrams shall be encuraged in the implementatin f this Act particularly the prvisins f this Sectin. Land acquisitin and distributin shall be cmpleted by June 30, 2014 n a prvince-by- prvince basis. In any case, the PARC r the PARC Executive Cmmittee (PARC EXCOM), upn recmmendatin by the Prvincial Agrarian Refrm Crdinating Cmmittee (PARCCOM), may declare certain prvinces as pririty land refrm areas, in which case the acquisitin and distributin f private agricultural lands therein under advanced phases may be implemented ahead f the abve schedules n the cnditin that prir phases in these prvinces have been cmpleted: Prvided, That ntwithstanding the abve schedules, phase three (b) shall nt be implemented in a particular prvince until at least ninety percent (90%) f the prvincial balance f that particular prvince as f January 1, 2009 under Phase One, Phase Tw (a), Phase Tw (b),,and Phase Three (a), excluding lands under the jurisdictin f the Department f Envirnment and Natural Resurces (DENR), have been successfully cmpleted. The PARC shall establish guidelines t implement the abve pririties and distributin scheme, including the determinatin f wh are qualified beneficiaries: Prvided, That an wner-tiller may be a beneficiary f the land he/she des nt wn but is actually cultivating t the extent f the difference between the area f the land he/she wns and the award ceiling f three (3) hectares: Prvided, further, That cllective wnership by the farmer beneficiaries shall be subject t Sectin 25 f Republic Act N. 6657, as amended: Prvided, furthermre, That rural wmen shall be given the pprtunity t participate in the develpment planning and implementatin f this Act: Prvided, finally, That in n case shuld the agrarian refrm beneficiaries' sex, ecnmic, religius, scial, cultural and plitical attributes adversely affect the distributin f lands." ACQUISITION AND DISTRIBUTION SCHEME FOR ALL REMAINING AGRICULTURAL LANDS DURING 5 YEAR Zep Rivera 14

15 EXTENSION PERIOD UP TO JUNE Order f Pririty Lands with area f mre than 50 hectares t be cmplete by June thse which already have been subjected t a Ntice f Cverage n r befre Dec rice and crn lands idle r abandned lands any agricultural land nt cultivated, tilled r develped t prduce any crp nt devted t any specific ecnmic purpse cntinuusly fr a perid f 3 years immediately prir t receipt f ntice f acquisitin by gvernment des nt include land that has permanently r regularly devted t nn agricultural purpses des nt include land that has becm unprductive due t frce majeure r any ther frtuitus event prvided that prir t such event, land was used fr agricultural r ther ecnmic purpse private lands vluntarily ffered by wners fr agrarian refrm lands freclsed by gvernment financial institutins lands acquired by Presidential Cmmissin n Gd Gvernment all ther lands wned by gvernment devted t r suitable fr agriculture Lands with an area f 24 hectares up t 50 hectares t be cmplete by June all alienable and dispsable public agricultural lands all arable public agricultural lands under agrfrest, pasture and agricultural leases already cultivated and planted t crps in accrdance in Sec 6 Art 13 f the Cnsti all public agricultural lands which are t be pened fr new develpment and resettlement all private agricultural lands which have already been subjected t a ntice f cverage issued n r befre Dec all remaining private agricultural lands regardless as t whether they have been subjected t ntices f cverage Lands with an area f mre than 10 hectares up t 24 hectares t be cmpleted by June Lands frm retentin limit up t 10 hectares t be cmplete by June Farmer (tenants r lessees) and regular farmwrkers actually tilling the landsare cnsidered t be qualified beneficiaries nly if certified under ath by the Barangay Agrarian Refrm Cuncil and attested under ath by landwners Intended beneficiary shall state under ath befre judge f city f municipality curt that he is willing t wrk n the land t make it prductive and t assume bligatin f paying amrtizatin fr cmpensatin f land and land taxes theren Sectin 8. Multinatinal Crpratins. All lands f the public dmain leased, held r pssessed by multinatinal crpratins r assciatins, and ther lands wned by the gvernment r by gvernment-wned r cntrlled crpratins, assciatins, institutins, r entities, devted t existing and peratinal agri-business r agr-industrial enterprises, perated by multinatinal crpratins and assciatins, shall be prgrammed fr acquisitin and distributin immediately upn the effectivity f this Act, with the implementatin t be cmpleted within three (3) years. Lands cvered by the paragraph immediately preceding, under lease, management, grwer r service cntracts, and the like, shall be dispsed f as fllws: Lease, management, grwer r service cntracts cvering such lands cvering an aggregate area in excess f 1,000 hectares, leased r held by freign individuals in excess f 500 hectares are deemed Zep Rivera 15

16 amended t cnfrm with the limits set frth in Sectin 3 f Article XII f the Cnstitutin. Cntracts cvering areas nt in excess f 1,000 hectares in the case f such crpratins and assciatins, and 500 hectares, in the case f such individuals, shall be allwed t cntinue under their riginal terms and cnditins but nt beynd August 29, 1992, r their valid terminatin, whichever cmes sner, after which, such agreements shall cntinue nly when cnfirmed by the apprpriate gvernment agency. Such cntracts shall likewise cntinue even after the lands has been transferred t beneficiaries r awardees theref, which transfer shall be immediately cmmenced and implemented and cmpleted within the perid f three (3) years mentined in the first paragraph heref. In n case will such leases and ther agreements nw being implemented extend beynd August 29, 1992, when all lands subject heref shall have been distributed cmpletely t qualified beneficiaries r awardees. Such agreements can cntinue thereafter nly under a new cntract between the gvernment r qualified beneficiaries r awardees, n the ne hand, and said enterprises, n the ther. Lands leased, held r pssessed by multinatinal crpratins, wned by private individuals and private nngvernmental crpratins, assciatins, institutins and entities, citizens f the Philippines, shall be subject t immediate cmpulsry acquisitin and distributin upn the expiratin f the applicable lease, management, grwer r service cntract in effect as f August 29, 1987, r therwise, upn its valid terminatin, whichever cmes sner, but nt later than after ten (10) years fllwing the effectivity f the Act. Hwever during the said perid f effectivity, the gvernment shall take steps t acquire these lands fr immediate distributin thereafter. In general, lands shall be distributed directly t the individual wrker-beneficiaries. In case it is nt ecnmically feasible and sund t divide the land, then they shall frm a wrkers' cperative r assciatin which will deal with the crpratin r business assciatin r any ther prper party fr the purpse f entering int a lease r grwers agreement and fr all ther legitimate purpses. Until a new agreement is entered int by and between the wrkers' cperative r assciatin and the crpratin r business assciatin r any ther prper party, any agreement existing at the time this Act takes effect between the frmer and the previus landwner shall be respected by bth the wrkers' cperative r assciatin and the crpratin, business, assciatin r such ther prper party.n n case shall the implementatin r applicatin f this Act justify r result in the reductin f status r diminutin f any benefits received r enjyed by the wrker-beneficiaries, r in which they may have a vested right, at the time this Act becmes effective. The prvisins f Sectin 32 f this Act, with regard t prductin and incme-sharing shall apply t farms perated by multinatinal crpratins. During the transitin perid, the new wners shall be assisted in their effrts t learn mdern technlgy in prductin. Enterprises which shw a willingness and cmmitment and gd-faith effrts t impart vluntarily such advanced technlgy will be given preferential treatment where feasible. In n case shall a freign crpratin, assciatin, entity r individual enjy any rights r privileges better than thse enjyed by a dmestic crpratin, assciatin, entity r individual. AGRICULTURAL LANDS LEASED, HELD OR POSSESSED BY MULTINATIONAL CORPORATIONS ARE COVERED BY THE CARL ACQUISITION AND DISTRIBUTION Land shall be distributed directly t individual wrker beneficiaries If nt ecnmically feasible and sund t divide the land, individual wrker beneficiaries shall frm a wrkers cperative r assciatin which will deal with the crpratin by way f lease grwers agreement and ther legitimate purpses Sectin 9. Ancestral Lands. Fr purpses f this Act, ancestral lands f each indigenus cultural cmmunity shall include, but nt be limited t, lands in the actual, cntinuus and pen pssessin and ccupatin f the cmmunity and its members: prvided, that the Trrens Systems shall be respected. Zep Rivera 16

17 The right f these cmmunities t their ancestral lands shall be prtected t ensure their ecnmic, scial and cultural well-being.n line with the principles f self-determinatin and autnmy, the systems f land wnership, land use, and the mdes f settling land disputes f all these cmmunities must be recgnized and respected. Any prvisin f law t the cntrary ntwithstanding, the PARC may suspend the implementatin f this Act with respect t ancestral lands fr the purpse f identifying and delineating such lands: prvided, that in the autnmus regins, the respective legislatures may enact their wn laws n ancestral dmain subject t the prvisins f the Cnstitutin and the principles enunciated in this Act and ther natinal laws. ANCESTRAL LAND DEFINED Lands f public dmain that have been in pen, cntinuus, exclusive and ntrius ccupatin and cultivatin by members f the Natinal Cultural Cmmunities by themselves r thrugh their ancestrs, under a bna fide claim f acquisitin f wnership accrding t their custms and traditins fr a perid f at least 30 years befre date f apprval f PD 410 Lands ccupied, pssessed and utilized by individuals, families and clans wh are members f indigenus cultural cmmunities r indigenus peples since time immemrial, by themselves r thrugh their predecessrs in interest, under claims f individual r traditinal grup wnership, cntinuusly t the present except when interrupted by war, frce majeure r displacement by frce, deceit, stealth r as a cnsequence f gvernment prjects and ther vluntary dealings, entered int by gvernment and private individuals/crpratins, including by nt limited t residential lts, rice terraces r paddies, private frests, swidden farms and tree lts ANCESTRAL LANDS EXEMPTED FROM THE AGRARIAN REFORM LAW CARL recgnizes and respect systems f land wnership, land use and mdes f settling land disputes f all indigenus cultural cmmunities r indigenus peple in line with self determinatin and autnmy Autnmus regin respective legislatures may enact wn laws n ancestral dmains subject t Cnstitutin principles in CARL and ther natinal laws Sectin 10. Exemptins and Exclusins. Lands actually, directly and exclusively used fr parks, wildlife, frest reserves, refrestatin, fish sanctuaries and breeding grunds, watersheds and mangrves shall be exempt frm the cverage f this Act. Private lands actually, directly and exclusively used fr prawn farms and fishpnds shall be exempt frm the cverage f this Act: Prvided, That said prawn farms and fishpnds have nt been distributed and Certificate f Land Ownership Award (CLOA) issued t agrarian refrm beneficiaries under the Cmprehensive Agrarian Refrm Prgram. In cases where the fishpnds r prawn farms have been subjected t the Cmprehensive Agrarian Refrm Law, by vluntary ffer t sell, r cmmercial farms deferment r ntices f cmpulsry acquisitin, a simple and abslute majrity f the actual regular wrkers r tenants must cnsent t the exemptin within ne (1) year frm the effectivity f this Act. When the wrkers r tenants d nt agree t this exemptin, the fishpnds r prawn farms shall be distributed cllectively t the wrker-beneficiaries r tenants wh shall frm a cperative r assciatin t manage the same. In cases where the fishpnds r prawn farms have nt been subjected t the Cmprehensive Agrarian Refrm Law, the cnsent f the farm wrkers shall n lnger be necessary, hwever, the prvisin f Sectin 32-A heref n incentives shall apply." Lands actually, directly and exclusively used and fund t be necessary fr natinal defense, schl sites and campuses, including experimental farm statins perated by public r private schls fr educatinal purpses, seeds and seedling research and pilt prductin center, church sites and cnvents appurtenant theret, msque sites and Islamic centers appurtenant theret, cmmunal burial grunds and cemeteries, penal clnies and penal Zep Rivera 17

18 farms actually wrked by the inmates, gvernment and private research and quarantine centers and all lands with eighteen percent (18%) slpe and ver, except thse already develped, shall be exempt frm the cverage f this Act. LAND CLASSIFICATION IN THE TAX DECLARATION IS NOT CONCLUSIVE tax declaratins are nt the sle basis f land classificatin even if tax declaratin classifies land as agricultural, the tax declaratin is still refutable REPUBLIC V. CA 2000 Landwners Green City Estate and Develpment Curt: 112 hectares in Rizal tax declaratin: Agricultural DAR subject the land t CARP Landwners filed an applicatin fr exemptin frm agrarian refrm Nn agricultural because it is within the residential and frest cnservatin znes f the twn plan/zning rdinance DAR denied applicatin based n tax declaratin HELD DAR was wrng in denying the applicatin fr exemptin by mere fact that the tax declaratin classified the land as agricultural Tax declaratins are nt the sle basis fr the classificatin f land DAR AO asks fr ther dcuments t be submitted when applying fr exemptin frm CARP LANDS CLASSIFIED AS NON AGRICULTURAL PRIOR TO EFFECTIVITY OF CARL ARE NOT COVERED Land already classified fr residential, cmmercial r industrial use by HLRUB prir t CARL are nt subject t agrarian Refrm Lands cnverted prir t June DAR is bund by such cnversins LANDS WITH AT LEAST 18% SCOPE ARE EXEMPTED FROM COVERAGE OF AGRARIAN REFORM reasn is t prevent adverse effects n lwlands and streams due t sil ersins cnsidered permanent frests r frest reserves, regardless f cnditin f vegetative cver, ccupancy r use f any kind nt alienable r dispsable if land with at least 18% slpe was previusly classified as alienable r dispsable but nt yet titled reverted t categry f public frest if land has been cvered by an apprved public land applicatin r ccupied penly, cntinuusly, adversely and publicly fr a perid f nt less than 30 years as effectivity f Frestry Refrm Cde remains as alienable r dispsable n cnditin that land is kept in vegetative state sufficient t prevent ersin and adverse effects n lwlands and streams SCHOOL SITES AND CAMPUSES Exempted if lands are actually, directly and exclusively used and fund necessary by the SCHOOL fr schl sites and campuses DAR has n right t substitute judgment f discretin fr the determinatin f the necessity f the schl CMU V. DARAB Landwner: Central Mindana University CMU agricultural institutin Zep Rivera 18