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2016 MIDTERM COVERAGE ACCORDING TO JDLR Chapter 1-3 of your book with emphasis on: 1. Lands covered or not covered 2. Who are qualified 3. Jurisdiction 4. Land conversion
CHAPTER I COMPREHENSIVE AGRARIAN REFORM LAW OF 1998 • • •
APPLICABILITY OF LAW: Agricultural lands only MEANING OF AGRICULTURAL LAND: lands that are arable and suitable for farming CONSTITUTIONALITY OF THE CARL: it is a valid exercise of police power
THE PRIMARY OBJECTIVE OF AGRARIAN REFORM • To breakup agricultural lands and transform them into economic-size farms to be owned by farmers themselves to uplift the latter’s socio-economic status o Meaning of Economic-size farms: area of farm land that permits efficient use of labor and capital resources; to produce income sufficient to meet needs of family • Founded on the right of farmers/farm workers to own the lands they till or receive just fruits thereof. RAISING OF LIVESTOCK, POULTRY, OR FISH NOT EMBRACED IN THE TERM “AGRICULTURE” • Classified as Industrial and exempt from the agrarian reform program ★LANDS COVERED BY THE AGRARIAN REFORM LAW • As a general rule: o All public and agricultural lands o Including other lands of the public domain suitable for agriculture • SPECIFICALLY, FROM SECTION 4, CARL o …More specifically, the following lands are covered by the CARP: (a) All alienable and disposable lands of the public domain devoted to or suitable for agriculture. No reclassification of forest or mineral lands to agricultural lands shall be undertaken after the approval of this Act until Congress, taking into ecological, developmental and equity considerations, shall have determined by law, the specific limits of the public domain; (b) All lands of the public domain in excess of the specific limits as determined by Congress in the preceding paragraph; (c) All other lands owned by the Government devoted to or suitable for agriculture; and "(d) All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon. "
★LANDS NOT COVERED BY THE AGRARIAN REFORM LAW • IMPLEMENTATION EXTENDED BY RA 9700 1. Private lands with a total are of 5 ha and below; 2. Lands actually, directly, and exclusively used for parks, wildlife, forest reserves, reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves; 3. Private lands actually, directly, and exclusively used for prawn farms and fishponds; 4. Lands actually, directly, and exclusively used and found to be necessary for: a. National defense; b. School sites ands campuses; c. Experimental farm stations operated for educational purposes; d. Seeds and seedling research and pilot production center; e. Church sites and convents appurtenant thereto; f. Mosque sites and Islamic centers appurtenant thereto; g. Communal burial grounds and cemeteries; h. Penal colonies and penal farms actually worked by the inmates; i. Research and quarantine centers; and j. All lands with eighteen percent (18%) slope and over, except those already developed RETENTION RIGHTS (RR) OF THE LANDOWNER (LO) • Not more than 5 ha. • Retained area need not be personally cultivated by LO o Can be through labor istration IF PREVIOUS EXERCISE OF RR UNDER PD 27? • LO can no longer exercise RR under CARL FOR SPOUSES • RR DEPENDS ON PROPERTY REGIME o Conjugal or absolute community: only 5 ha o Separation of property: 5 HA each (Total of 10 ha) WHO HAS RIGHT TO CHOOSE RETENTION AREA: LO IF LAND ALREADY COVERED BY EMANCIPATION PATENT (EP) OR CERTIFICATE OF LAND OWNERSHIP AWARD (CLOA)? • ISSUANCE DOES NOT ABSOLUTELY BAR LO FROM RETAINING THE AREA COVERED BY THE EP OF CLOA o IF LO IS DEPRIVED OF RR ! REMEDY of LO: file cancellation of EP or CLOA if land covered by such is found to be part of owner’s retained area (under istrative Order No 2, series of 1994) IF RETENTION AREA CHOSEN BY LO IS TENANTED? • There must be landlord-tenant relationship o How to determine?
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!
• •
LO has engaged person to personally cultivate an agricultural land; and ! LO is compensated in of share in the produce (Share Tenancy) or in of a price certain or ascertainable in produce or money or both (Leasehold Tenancy) Tenant to choose either to remain or be a beneficiary in the same or another agricultural land with similar or comparable features Tenant to exercise option 1 year from time LO manifests his choice for area of retention
EFFECT IF TENANT CHOOSES TO REMAIN IN THE RETAINED AREA • Tenant is now considered as agricultural lessee • No longer qualified as agricultural reform beneficiary
1. 2.
3. 4. 5. 6.
AGRICULTURAL LESSEE RIGHTS OBLIGATIONS Peaceful possession and (See page 20 for full text) enjoyment of land 1. Take care of farm Manage and work on land in 2. Inform lessor of tres manner conforming to proven 3. Care of animals and farm practices implements Mechanized any pahase of 4. Attend to farm and crops farmwork 5. Notify lessor of harvesting or Deal with millers and threshing processors 6. Pay lease when due Be afforded a homelot Be indemnified for cost and expense in cultivation, planting or harvesting and other expenses incidental to improvement of crop
TERM OF LEASE • Continues until extinguished • When is lease extinguished? o Abandonment or voulntary surrender of the landholding by the lessee o Absence of successor in the event of death or permanent incapacity of the lessee • But lease not necessarily extinguished by death or incapacity of the Lessee, leasehold continues between lessor and person who can cultivate the landholding personally o Lessor can choose from the ff: ! The surviving spouse; ! The eldest direct descendant by consanguinity; ! The next eldest descendant or descendants in the order of their age.
IF TENANT CHOOSES TO BE A BENEFICIARY • He loses right to be a beneficiary for same or other agri land • He loses right to be lessee of land retained by owner CHILDREN OF LO ENTITLED TO 3 HA EACH
• •
• •
•
If LO owns more than 5 ha; excess may be awarded to his children 3 ha each; with the ff conditions o child must be at least 15 y.o.; AND o child is actually tilling the land or directly managing the farm If child owns land, he is still entitled to award, but must not exceed 5 ha. ceiling Land awarded to children cannot be sold, transferred or conveyed within a period of 10 years except: o Through hereditary succession; o To the government; o To the LBP; or o To other qualified beneficiaries Children or spouse of transferor has right to repurchase land from gov or LBP within 2 years from date of transfer
LAND ENTITLEMENT Landowner (LO) 5 ha. Retention limit Spouses: Property Regime 1. Absolute Community 5 ha. Only 2. Separation of Property 5 ha. Each (total of 10 ha.) Children of LO 3 ha. each with conditions If already owns land, still entitled but must not exceed 5 ha limit Homesteaders Can retain even if exceeding 5 ha with conditions (cultivate at time of approval of CARL, continue to cultivate) Commercial farm beneficiaries 3 ha. or minimum of 1 ha. each Agrarian reform beneficiaries 3 ha. Buyer of agricultural land 5 ha. (need to submit affidavit of aggregate land holding before ing the title) RIGHT OF HOMESTEADERS VIS A VIS RIGHTS OF TENANTS • Right of homesteaders superior over rights of tenants • Homestead act is for welfare and protection of the poor • Owners of lands acquired through homestead grants or free patents under CA 141 can RETAIN THE AREA even if it exceeds 5 ha. provided that: o They were cultivating the same at time of approval of the CARL; and o They continue to cultivate the same.
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EXPROPRIATION OF PRIVATE AGRICULTURAL LANDS BY LGUS • LGU must first subject it to agrarian reform coverage • PROCESS: Gov acquires lands " just compensation by DAR " Distribute lands "LGU can then expropriate land and pay beneficiaries just compensation
•
★QUALIFICATIONS OF QUALIFIED CF BENEFICIARIES o > 18 y.o. at time of filing o Must have willingness, aptitude, and ability to cultivate and make land productive o Must have been employed in CF from june 15, 1998 or upon expiration of deferment o Farm workers who worked longest on land continously will be given priority
•
★WHO ARE DISQUALIFIED? o Optional or compulsary retired farm workers o Resigned farm workers o Dismissed farm workers for cause o Those farmworkers who waive or refuse to be beneficiary o Farm workers who violate agrarian reform loaws and regulation
•
FREEDOM OF BENEFICIARIES TO CHOOSE TYPE OF AGRIBUSINESS o They have freedom to choose type of business o To market their products or enter into marketing agreements o To avail of assistance or services in negotiationg the most advantageous agribusiness venture arrangmeent, enterprise devt and capability building
•
TYPES OF AGRIBUSINESS VENTURE ARRANGEMENTS o t venture agreement o Lease agreement o Contract growing/ growership arrangement o Management contract o Build-Operate-Transfer Scheme
•
OWNERS OF CFS HAVE RIGHTS OF RETENTION OVER COMMERCIAL FARMS
•
POWER OF DAR TO FIX RENTALS o Provided under Sec.6 of CARL
LANDS POSSESSED BY MULTINATIONAL CORPS ARE COVERED BY CARL • Land to be distributed directly to individual worker- beneficiaries • If not economically feasible: worker beneficiaries to form a cooperative or association to deal with corp by lease or grower’s agreement etc ANCESTRAL LANDS • Lands occupied, possessed, and utilized by individuals, families, and clans who are of the indigenous cultural communities or indigenous peoples by themselves of through their predecessors-in-interest under individual or group ownership, continuously to the present. • Ancestral lands are EXEMPTED from Agrarian Reform Law LAND CLASSIFICATION IN THE TAX DECLARATION IS NOT CONCLUSIVE • Not sole basis of land classification; not irrefutable LANDS NOT COVERED: • Lands classified as non –agricultural prior to the effectivity of carl are not covered • Lands with at least 18% slope o to prevent adverse effects in lowlands and streams resulting from soil erosion o considered as permanent forests or forest reserves • School Sites and Campuses o School has discretion (not DAR) to determine whether kand is necessary for use as school site or campus WHO HAS JURISDICTION TO EXEMPT A PROPERTY FROM AGRARIAN REFORM COVERAGE? • The Secretary of Agrarian Reform COMMERCIAL FARMS (CF) •
AGRARIAN REFORM LAW DEFERRED ON COMMERCIAL DFARMS o 10 years
•
MODE OF ACQUISITION OF CF o Voluntary offer to sell (VOS) o Compulsary acquisition (CA); or o Direct payment scheme (DPS)
•
MANNER OF DISTRIBUTION o 3 ha. each or minimum of 1 ha. each o Individually o Collectively
THE COMPULSARY ACQUISITION PROCESS IDENTIFY " SEND NOTICE "REPLY BY LO " POSSESSION BY DAR " DAR REQUEST TO ISSUE TCT " DISTRIBUTION OF LAND •
•
TWO NOTICES TO LO NEEDED FOR VALID IMPLEMENTATION o Notice of coverage o Notice of acquisition LAND ACQUISITION PROCEDURE: STRICTLY CONSTRUED o Why? since extraordinary method of expropriation o Violation by DAR = violation of constitutional due process – GAD
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JUST COMPENSATION •
• • • •
•
•
•
Source: Agrarian Reform Fund o If insufficient – charged against the debt service program of the national government or any unprogrammed item in the GAA Method: cash and land bank bonds Opening of trust does not constitute payment Title of or ownership of land is transferred to the state only upon just compensation Factors used in the valuation of lands o Capitalized Net Income o Comparable Sales o Market Value Preliminary determination of just compensation o DARAB may conduct summary proceeding to determine just compensation o If initial land valuation is… ! <10M: PARAD will conduct prelim proceedings ! 10M < 50M: RARAD ! 50M < Land Value: DARAB When is the reckoning of valuation? o At the time it was taken from owner and appropriated by the government o BUT if with undue delay: ! at the time of full payment of just compensation (Lubrica v Landbank) Valuation by DAR not conclusive o LO may still contest in proper court
PROCEDURE FOR DETERMINATION OF JUST COMPENSATION LBP determines value of land compensation compensation •
"if
"
DAR makes offer to LO
"DAR
determines
disagree: bring matter to RTC as SAC for final determination of
Mode of payment o LO cannot insist in cash payment only o GR: ! Cash and financial instruments of the government, ! Land Bank Bonds, ! Shares of stocks in GOCC, ! Tax credits
For Cash and Financial Instruments of the Government (Schemes) Lands above 50 ha. 25% cash 75% government financial instruments Lands above ha.
•
24 – 50
30% cash 70% government financial instruments
Lands above 24 ha and below
35% cash 65% government financial instruments
Voluntary Transfer no longer allowed o Till June 30, 2009 only o Mode of payment: beneficiary pays price directly to LO
FORMULAS (READ THE BOOK IF YOU WANT TO LEARN THIS. HEHE. ☺) ★AGRARIAN REFORM BENEFICIARIES • ★WHO ARE ELIGIBLE? o Landless resident of same barangay/ municipality o Landless resident – farmer or tiller who owns less than 3 ha. of land ! Agricultural lessees and share tenants ! Regular farmworkers ! Seasonal farmworkers ! Other farmworkers ! Actual tillers or occupants of public lands ! Collectives or cooperatives of the above beneficiaries ! Others directly working on the land. •
★QUALIFICATIONS OF AGRARIAN REFORM BENEFICIARIES o Filipino citizen o Resident of the brgy or municipality where landholding is located o At least 15 years old o Willing able and equipped with attitude to cultivate and make land productive
•
SPECIAL QUALIFICATIONS FOR FARM WORKERS IN COMMERCIAL FARMS OF PLANTATIONS
o
•
If they were employed as of June 15,1988 in the landholding under CARL
MANAGERIAL FARM WORKERS NOT QUALIFIED TO BECOME BENEFICIARIES
o
But those promoted after being identified as beneficiary STILL qualified
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•
•
★WHO ARE DISQUALIFIED TO BECOME AGRARIAN REFORM BENEFICIARIES? (13) 1) Those who do not meet the basic qualifications 2) Those who have waived their right 3) Those who have not paid an aggregate of 3 annual amortizations 4) Those who have failed to exercise their right of redemption/repurchase within 2 years 5) Those who refused to pay 3 annual amortizations for land 6) Those who have been dismissed for cuase 7) Those who have obtained substantially equivalent employment 8) Those who have retired or voluntarily resigned from their employment 9) Those who have misused the land or diverted the financial services extended by the government 10) Those who have misrepresented material facts in their basic qualifications 11) Those who have sold, disposed, abandoned the lands awarded to them by the government 12) Those who have converted agricultural lands to non agricultural use wo prior approval of the DAR 13) Those who have violated agrarian reform laws and regulations MAXIMUM AREA TO BE OWNED OR AWARDED TO BENEFICIARIES
o •
•
Type of crop Type of soil Weather patterns; and Other pertinent factors critical for the success of the beneficiaries
TRANSFER OF OWNERSHIP TO BENEFICIARIES NOT AUTOMATIC o Will only be transferred upon full payment of just compensation to the landowner
CERTIFICATE OF LAND OWNERSHIP AWARD (CLOA) •
WHEN DOES DAR ISSUE A CERTIFICATE OF LAND OWNERSHIP AWARD (CLOA)? o Upon full payment of the farmer beneficiary o CLOA is basis for issuance of OCT or TCT
•
CLOA IS INDEFEASIBLE o Become indefeasible after 1 year from registration with the registry of deeds
•
CANCELLATION OF CLOAS o UNDER JURISDICTION OF THE SECRETARY OF DAR
•
GROUNDS FOR CANCELLATION OF CLOAS o Abandonment of the land;
Neglect or misuse of the land; Failure to pay 3 annual amortizations; Misuse or diversion of financial and services; Sale, transfer, conveyance of the right to use the land; and Illegal conversion of the land
BENEFICIARIES WHEN WILL RIGHTS AND OBLIGATIONS OF BENEFICIARIES COMMENCE? • From their receipt of the CLOA and actual physical possession of the land OBLIGATIONS OF BENEFICIARIES
• •
Exercise due diligence in the use, cultivation, and maintenance of the land, including improvements thereon; and Pay the LBP 30 annual amortizations with 6% interest per month o amortizarion will start 1 year from the date of registration of the CLOA o if actual occupancy is after registration; 1 year pd starts from constructive occupation of the land by beneficiary
PRESIDENTIAL AGRARIAN REFORM COUNCIL (PARC) • HAS POWER TO ISSUE RULES AND REGULATIONS TO CARRY OUT OBJECTIVES OF THE
3 hectares
FACTORS TO BE CONSIDERED IN DETERMINING SIZE OF LAND TO BE AWARDED
o o o o
o o o o o
ACT
• • •
Chair Vice Chairperson o must include 6 reps from the agrarian reform beneficiaries ! at least one from ICC ! at least one from duly recognized organization of rural women or a national organization of agrarian reform beneficiaries with a substantial amount of women
PRESIDENTIAL AGRARIAN REFORM COORDINATING COMMITTEE (PARCCOM) • COORDINATES AND MONITORS THE IMPLEMENTATION OF CARP IN THE PROVINCE • PROVIDES INFORMATION ON THE PROVISIONS OF THE CARP, GUIDELINES ISSUED BY THE PARC AND PROGRESS OF CARP IN THE PROVINCE • COMPOSITION OF THE PARCCOM • Chairman • Executive officer • REPS BARANGAY AGRARIAN REFORM COUNCIL (BARC)
• •
BARC MAY SEEK LEGAL ADVICE FROM DAR FUNCTIONS OF THE BARC o THOSE PROVIDED UNDER EO 229 o IN ADDITION TO THOSE STATED IN EO 229 1. Mediate and conciliate 2. Assist in ID 3. Attest to accuracy
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4. 5. 6. 7. 8.
o
Assist qualified beneficiaries Assist in initial determination of land value Assist DAR reps Coordinate delivery of services Perform other functions assigned by DAR
DAR HAS TWO-FOLD JURISDICTION • executive – enforcement and istration of laws • judicial – determination of rights of parties ★QUASI-JUDICIAL JURISDICTION OF THE DAR • Has primary jurisdiction to determine and adjudicate Agrarian reform matters • Appellate jurisdiction over orders and decisions of the Agrarian reform adjudicators ★QUASI-JUDICIAL POWERS OF THE DARAB • Hear and decide cases within its jurisdiction; • Summon witnesses; • ister oaths; • Take testimony; • Issue subpoena ad testificandum or duces tecum; • Issue writs of execution; and • Punish direct or indirect contempt. ★PROVINCIAL AGRARIAN REFORM ADJUDICATORS (PARAD) • Has primary and exclusive jurisdiction to hear and decide AGRARIAN DISPUTES o Definition of AGRARIAN DISPUTES: Sec 3 (d) CARL (page 113 of UNGOS book) ! Controversies relating to leasehold, tenancy, stewarsdship over lands devoted to agriculture ! Disputes concerning farmworkers’ assoc. ! Representation of persons in negotiating, fixing, maintaning, changing or seeking to to arrange or conditions of such tenurial arrangements o Specific matters over which PARAD has jurisdiction (16) (page 114) ! i.e. ejectment of tenants, sale and redemption of agri lands, review of leasehold rentals and fixing of disturbance compensation, preliminary istrative determination of reasonable and just compensation etc. •
Appeal from decisions of the PARAD o To DARAB within 15 days
★REGIONAL AGRARIAN REFORM ADJUDICATORS (RARAD) • Executive adjudicator in the region • Functions: o supervision over PARAD including monitoring of cases o Hearing and adjudication of agrarian disputes
Conduct hearing on the ff: ! Cases that cant be handled by PARAD on of inhibition, disqualification or when there is no PARAD in locality ! Complex and sensitive matters that decision would constitute precedent affecting regional interest ! Preliminary determination of just compensation of lands valued at 10M to 50M ! Conduct hearing on applications for the issuance of a writ of preliminary injunction or TRO and such other cases which the Board may assign
★DARAB HAS NO JURISDICTION… 1. Over matters pertaining to ownership 2. Over retention or exemption issues 3. Over right of way issues 4. To identify and classify landholdings for agrarian reform coverage 5. Over matters pertaining to identification and selection of beneficiaries AGRARIAN CASE DIRECTLY FILED IN COURT- ACTION TO BE TAKEN LEGAL PERSONALITY OF UNED ASSOCIATION CANNOT BE CHALLENGED JUDICIAL REVIEW • • •
•
DAR " CA via petition for review on certiorari under Rule 43 of the Rules of Court frivolous or dilatory appeals o factual matter; based on facts and circumstances Prerequisite to filing of a complaint before the DARAB o BARC certification stating that the dispute has been submitted to it for mediation and conciliation without any success o BARC certification not needed in judicial determination of just compensation; Special Agrarian Courts has jurisdiction ! Only needed for cases filed before the DARAB Remedy from an adverse ruling of the DAR
✪ Appeal from decision of DAR
DARAB for just compensation
RTC acting as SAC
Petition
To
Review on Certiorari under Rule 43 Original action
CA
15 days from notice
SAC
Appeal via petition for
CA
15 days from receipt of adjudicators decision 15 days from receipt of
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CA
review under Rule 43 Appeal by Certiorari under Rule 45
Any Ruling of DAR
Petition for Review
PARAD
SC
SC
DARAB
notice of decision 15 days from receipt of notice of decision 15 days from receipt of notice of decision Within 15 days
RTC AS SPECIAL AGRARIAN COURT • Additional jurisdiction of the special agrarian court (SAC) o ★Original and exclusive jurisdiction to hear and decide: ! Petitions for the determination of just compensation to LO; and ! Criminal violations of the CARL • ★Just compensation preliminarily determined by the DARAB should be filed with the SAC within 15 days from notice OBJECTIONS TO THE COMMISSIONER’S REPORT (COMMISSIONER APPOINTED BY SAC TO EXAMINE FACTS RELEVANT TO DISPUTE) • Under Rule 32 of Rules of Court; 10 Days to file objection INTERLOCUTORY ORDERS OF THE SAC • Can’t be challenged till case is decided on merits • Why? To expedite resolution of agrarian disputes
★CONVERSION •
Section 65
•
DEFINITION OF CONVERSION o Act of changing the current use of a piece of agricultural land into some other use ! For residential, commercial, industrial, and other nonagricultural purposes; ! For another type of agricultural activity such as livestock, poultry and fishpond the effect of which is to ecempt the land from CARP coverage; ! For non-agricultural use other than that previously authorized o RA 78811 Change of crops to commercial or high value crops is NOT considered as conversion in the use and nature of the land (see page 140 of UNGOS, and RA 7881)
•
CONVERSION VS RECLASSIFICATION o Conversion ! Changing the current use as approved by DAR o Reclassification ! Specifying how agricultural lands shall be utilized for nonagricultural uses such as residential, industrial, and commercial, as embodied in the land use plan, subject to the requirements and procedures for land use conversion
•
EFFECT OF RECLASSIFICATION o Does not automatically allow LO to change land use o Has to first undergo CONVERSION
•
SCOPE OF DAR’S CONVERSION AUTHORITY o Agricultural land reclassified as non agricultural before June 15, 1998 doesn’t require conversion clearance or authority from DAR = NOT COVERED o After June 15, 1998: DAR approval required for conversion
•
WHO CAN APPLY FOR CONVERSION? o The Beneficiary o The LO with respect only to his retained area which is tenanted
•
WHEN: PROPER TIME TO FILE APPLICATION FOR CONVERSION? o After the lapse of 5 years from the award of the land
•
WHAT: CONDITIONS FOR FILING AN APPLICATION FOR CONVERSION 1. When the land ceases to be economically feasible for agricultural purposes; or
✪REMEDY FROM ADVERSE DECISION OF THE SPECIAL AGRARIAN COURT • not ordinary appeal • appeal via petition for review under Rule 43 of the Rules of Court ✪REMEDY FROM ADVERSE DECISION OF THE COURT OF APPEALS • Certiorari with the SC under Rule 45, within 15 days from notice • 15 day period: non-extendible ON APPEALS: PROCEDURES IN RULES OF COURT WILL GOVERN FINANCING • ROLE OF LAND BANK OF THE PHILIPPINES (LBP) o LBP is the financial arm of the agrarian reform program o LBP determines value of land
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2.
•
IF CONVERSION IS APPROVED: OBLIGATIONS OF BENEFICIARY o Invest 10% of proceeds from conversion in gov securities o Pay the LBP full price of land upon conversion
•
LANDS THAT CANNOT ABSOLUTELY BE SUBJECT TO CONVERSION (P-I-I-AI) 1. Agricultural lands within Protected areas designated by the NIPAS, including watershed and recharged areas of aquifers, as determined by the DENR; 2. All Irrigated lands (delineated by DA/NIA), where water is available to rice and other crop production, and all irrigated lands where water is not available for rice or other crop production but are within areas for irrigation facility rehabilitation by the DA and/or the NIA; 3. All Irrigable lands already covered by irrigation projects with firm funding commitments (delineated by DA/NIA); 4. All Agricultural lands with Irrigation facilities operated by private organizations
•
o
When the locality has become urbanized and the land will have a greater economic value for residential, commercial, or industrial purposes.
AREAS HIGHLY RESTRICTED FROM CONVERSION (IN-A-C-E) 1. Irrigable lands Not covered by irrigation projects with firm funding commitment; 2. Agro-industrial croplands, or lands presently planted to industrial crops that the economic viability of existing agricultural infrastructure and agro-based enterprises; 3. Lands issued with notice of land valuation and acquisition, or subject of a perfected agreement between the LO and the beneficiaries under the voluntary land transfer/ direct payment scheme (VLT/DPS) under the CARP; and 4. Environmentally critical areas (ECAs) as determined by DENR in accordance with law.
•
PURPOSE OF INVENTORY o Inventory helps DAR monitor unauthorized conversions of lands into fishponds and prawn farms
•
MANGROVE AREAS ALSO PROTECTED UNDER LAW o To harmonize agrarian reform with environmental laws
•
CHANGE OF CROPS = NOT CONVERSION = NO NEED FOR DAR APPROVAL
•
Lands transferred to beneficiaries exempted from taxes and fees
•
Land acquired by beneficiaries exempted from transfer/registration fees
•
Law prohibits issuance of injunction by lower courts to ensure speedy unhampered and smooth implementation of the agrarian reform program
•
Buyer of agricultural land is required to submit an Affidavit of aggregate landholding – to ensure that buyer does not exceed the 5 ha. limit
•
WHEN IS THE BANK OR FINANCIAL INSTITUTION (FI) DEEMED AS NEW LO? o If before the deposit of just compensation: ! The bank is the purchaser in the foreclosure sale and the redemption has expired, in cases where the right of redemption exists; or ! The bank or financial institution is the purchaser in the foreclosure sale and said foreclosure sale is confirmed by the court in cases where only equity of redemption is provided
•
WHEN IS BANK OR FINANCIAL INSTITUTION DEEMED AS LIEN-HOLDER? o The bank or FI, as mortgagee, is considered one, if on the date the land transfer scheme was received by the LBP from the DAR: ! The mortgage debt is not due and demandable; or ! The mortgage debt is already due and demandable but the bank or financial institution has not foreclosed the property; or ! The mortgage has already been foreclosed by the pd to exercise the right of redemption gas not yet expired or the foreclosure sale has not been confirmed by court in cases where there is only equity of redemption
WHY? Since, apart from standard requirements, these areas require a project feasibility study and environmental compliance certificate. •
Failure to implement approved conversion plan within 5 years from approval = Land still covered by the agrarian reform program
•
CONVERSION OF PUBLIC AGRICULTURAL LANDS TO FISHPONDS o Only when coastal zone is declared suitable for fishpond development by the provincial government and the BFAR o Then, DENR can allow the lease and devt of the area
•
Private agricultural farms can be converted to fishponds and prawn farms up to a maximum of 5 ha.
BUT DAR may approve conversion of more than 5 ha. under the ff conditions: ! When the use of the land is more economically feasible as fishpond/prawn farm as certified by the BFAR; and ! A simple and absolute majority of the regular farm workers or tenants agree to the conversion
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RIGHT ANDS PRIVILEGES OF BANK OR FI AS NEW LO: o Receive all notices, advices, correspondence and communications from DAR, LBP o Transact w DAR or LBP regarding all aspects if subj land transfer claim to the exclusion of all other persons o Be named as recipient of cash and bond deposits o Receive all proceeds of subject land
• •
Obligations of bank or FI as new LO (page 145) Obligations of bank or FI as lien-holder (page 145)
•
The term of contractual arrangements will be respected o Any contract of lease, grower, service etc will be respected until expiry
•
Debts secured by mortgage on land – the government will assume the obligation in an amount not exceeding what the LO would receive as just compensation
•
PENALTIES (SEE SEC 74) o GR: Imprisonment of 1-3 yrs, Fine of 1k – 15k o EGR: ! Sec 73, par. a,b,f,g,h = 3y1D – 6y, 50k -150k ! Sec 73, par. c,d,e,i = 6y1D – 12 yrs, 200k -1M o If offender is a corporation = officers liable
•
Sale resulting from foreclosure of mortgage not a criminal violation of the CARL
CRIMINAL VIOLATIONS OF THE CARL (SHORTENED VERSION; PAGE 148) 1) Ownership in excess of total retention limit or award ceilings; if done for the purpose of circumventing the provisions of the CARL 2) Forcible entry or illegal detainer by non beneficiaries; if done to avail rights/ benefits of the program 3) Conversion of agri land to non agri use; if done with intent to avoid application of CARL to his land holdings 4) Malicious and willful prevention or obstruction of the implementation of the CARP 5) Sale, any transfer or conveyance of lands outside of urban centers and city limits either in whole or in part after the effectivity of the CARL, EXCEPT upon final completion of the appropriate conversion under sec 65 RA 6657 6) Sale, transfer, conveyance by a beneficiary of the right to use or any usufructuary right over the land acquired by virtue of being a beneficiary, if done to circumvent the CARL 7) Unjustified, willful and malicious acts of the officers of the gov. through the ff: a. Denial of notice/ reply to LO b. Deprivation of retention rights c. Undue or inordinate delay in the preparation of claim folders d. Undue delay refusal or failure in the payment of just compensation 8) Undue delay by any gov agency/official/employee to submit report, data involving implementation of the provisions of the CARL as required by the parties or the government , including the House of Reps and the Senate of the Philippines 9) Undue delay in the compliance with the obligation to certify or attest and or falsification of the certification or attestation as required under Sec 7 of RA 6657 10) Any other act of culpable neglect or willful violations of this act
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CHAPTER II TENANT EMANCIPATION LAW • •
•
APPLICABILITY OF LAW: private agricultural lands devoted to rice and corn under share tenancy or lease tenancy SIZES OF LAND TO BE TRANSFERRED TO TENANT-FARMER (TF) o Not irrigated: 5 ha. o Irrigated: 3 ha. STAGES OF LAND TRANSFER 1. issuance of Certificate of Land Transfer (CLT) 2. issuance of Emancipation Patent (EP)
CERTIFICATE OF LAND TRANSFER • qualifies tenant-beneficiary (TB) to possess land and comply with certain conditions preparatory to ownership EMANCIPATION PATENT • vests upon farmer-beneficiary (FB) absolute ownership over landholding • constitutes conclusive authority for issuance of an O/TCT in his name • INDEFEASIBILITY: after 1 year from its registration @ Office of the Registry of Deeds • CANCELLATION OF EPS 1. Abandonment 2. Neglect or misuse 3. Failure to pay 3 annual amortization 4. Misuse or diversion of financial aid and services 5. Sale, transfer or conveyance of right to use land 6. Illegal conversion • JURISDICTION: DAR
2.
3.
payment by LBP with 10% payable in cash immediately and balance payable in form of LBP bonds over a 10-year period, with 1/10 of the face value maturing th every year until the 10 year other modes of payment prescribed or approved by Presidential Agrarian Reform Council
RETENTION RIGHT OF LO • 7 ha. max, if cultivating or will cultivate • Personal cultivation by LO not required, can be done indirectly through labor istration RETENTION RIGHT UNDER PD 27 VIS-À-VIS RETENTION RIGHT UNDER CARL • Alternative o If LO already exercised his right of retention under PD 27, he can no longer exercise retention right under CARL. However, he can keep the 7-ha. retention limit granted under PD 27. JURISDICTION OVER RETENTION OR EXEMPTION • DAR – istrative implementation of agrarian law
TB CANNOT SELL OR TRANSFER OWNERSHIP OF LAND E: 1. to the Government 2. by hereditary succession TF WILL PAY LBP • total costs of land + interest at 6% per annum for 20 years in 20 equal annual amortizations • EP issued after full payment of the amortizations 3 months after acquisition due to foreclosure • sale to any interested landless farmer duly certified to a bonafide landless farmer by DAR of the o barangay or 2 closest barangays where land is situated PAYMENT OF JUST COMPENSATION TO LO 1. direct payment in cash or in kind
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CHAPTER III THE CODE OF AGRARIAN REFORMS • • • •
istration bill submitted by President Macapagal Signed into law on 08 Aug 1963 OBJECTIVE: create a system of owner-cultivatorship and economic family-size farm as basis of Philippine agriculture Supplements (did not repeal) CARL
SALIENT FEATURES • Abolished share-tenancy system and replaced it with agricultural leasehold • Bill of rights for agri workers • Established DAR as machinery for acquisition and distribution of agricultural land • Established Land Bank as financial arm of agrarian reform program SHARE TENANCY • where 2 persons agree on a t undertaking for agricultural production where o one party furnishes the land and o the other his labor, ! with either or both, ! contributing any one or several of the items of production, o the tenant cultivating the land personally with the aid of labor available from of his immediate farm household, and o the produce thereof to be divided b/w LH and tenant AGRICULTURAL LEASEHOLD • farmer cultivates land belonging to, or possessed by, another with the LH’s consent for a price certain in money or in produce or both SITUATIONS WHERE LEASEHOLD RELATIONSHIP CAN EXIST 1. area retained by LO is tenanted 2. FB leases land awarded to him to another person 3. FB leases land awarded to him back to the former owner of the land 4. Land awarded to farmer’s coop or association is leased to agricultural corporations AGRARIAN REFORM BENEFICIARIES CAN BECOME LESSORS OF AGRICULTURAL LAND. • Leasehold principles under CAR will apply only to situations where lessor is LO: o Farmers whose tenancy relations were automatically converted to leasehold by virtue of CAR o Tenanted lands retained by LO, automatically converted to leasehold by virtue of CARL FORM OF LEASE CONTRACT • No particular form (oral or written) • Lessor need not be owner of land (may be usufructuary or legal possessor) • If agreement in writing, agricultural leasehold shall be: o Drawn in quadruplicate in language known to agricultural lessee (AL)
o o o
Signed/thumb-marked by AL personally and by agricultural lessor (AR) before 2 witnesses, to be chosen by each party Acknowledged before municipal court/municipality where land is situated ed with Municipal Treasurer (custodian of agri lease contracts, to be kept and recorded in the Registry of Agricultural Leasehold Contracts)
AND CONDITIONS OF THE CONTRACT 1. AL to pay excessive rental 2. AL to pay amount in excess of fair rental value for use of lessor’s work animals or farm implements 3. AL to rent work animals or to hire farm implements from the AR or a third person 4. AL to make use of any store or services operated by AR or a third person 5. AL to render any service other than his duties and obligations as lessee, with or without compensation 6. AL to answer for any fine, deductions and/or assessments 7. AL to accept a loan or to make payment therefor in kind MODES OF PAYMENT OF RENTAL • In money: paid within a reasonable time from threshing or processing • In produce: paid immediately after threshing or processing TERM OF LEASE • Indefinite – until lease is terminated for cause o AL-farmers are entitled to security of tenure THOSE THAT DO NOT TERMINATE LEASEHOLD RELATION 1. Expiration of lease o will not authorize increase on rentals ! UNLESS LO introduces capital improvements to increase productivity ! Proportionate to consequent increase in production 2. Transfer of ownership of land o buyer/transferee becomes lessor 3. Death or physical incapacity of the lessee o lessor must choose successor from the ff if they are willing to personally cultivate the landholding: ! surviving spouse ! eldest direct descendant by consanguinity ! next eldest descendant or descendants in the order of their age o EXTINGUISHED ! if none of the above exists or ! if the above persons are not willing to cultivate the land WHEN THE AGRICULTURAL LEASEHOLD IS EXTINGUISHED 1. abandonment without the knowledge of AR
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2.
3.
a. intent to abandon b. actual act of abandonment voluntary surrender by AL a. voluntary surrender by AL b. AL must serve 3 months advance notice absence of persons to succeed to lessee, in the event of death or permanent incapacity or the lessee
TERMINATION OF LEASEHOLD BY AL 1. cruel, inhuman or offensive, treatment of AL or any member of his immediate farm household by AR 2. non-compliance on the part of AR with any of his obligations 3. compulsion of AL or any member of his immediate farm household by AR to render any service not in any way connected with farm work, or even without compulsion if no compensation is paid 4. commission of crime by AR or his representative against AL or any member of his immediate farm household 5. voluntary surrender due to circumstances more advantageous to him and his family DISPOSSESSION OF AL 1. land declared by appropriate government agency suited for RCI or some other urban purposes 2. failure of AL to substantially comply with any of the and conditions of the lease K or CAR 3. AL failed to adopt proven farm practices 4. land or other substantial permanent improvement is substantially damaged or destroyed or has unreasonably deteriorated through the fault or negligence of the AL 5. AL does not pay lease rental when it falls due 6. Lessee employed sub-lessee Procedure: 1. LO-AR should file corresponding petition with DARAB 2. Prove existence of grounds for dispossession RIGHT OF LESSEE TO BE INDEMNIFIED FOR HIS LABOR (AL SURRENDERS, ABANDONS, OR IS VALIDLY EJECTED) 1. cost and expenses incurred in the cultivation, planting or harvesting and other expenses incidental to improvement of his crop 2. for ½ of the necessary and useful improvements made by him on the landholding w/c are tangible and have not yet lost their utility at the time of surrender and/or abandonment of the landholding RIGHT OF PRE-EMPTION • AL – preferential right to buy land actually cultivated by him • AR decides to sell landholding, must give notice to: o DAR, and o All lessees affected.
•
•
If AL agrees: o Give written notice to AR of intention to exercise right, AND o Tender payment, or o Present guarantee certificate from LBP to AR If AR refuses to accept tender or presentment: o Consign with court
RIGHT OF REDEMPTION • if land was sold to a third person without knowledge of AL • at a reasonable price and consideration to the extent of area actually cultivated by him • by filing a petition or request for redemption with DAR w/in 180 days from knowledge of sale • redemption price: reasonable price of the land at the time of the sale ACTS AR IS FORBIDDEN TO DO 1. dispossess AL of landholding without just cause 2. require AL to assume payment of taxes levied by government on landholding 3. require AL to assume rent, “canon” or other consideration which AR is under rd obligation to pay to 3 persons for the use of land 4. deal with millers or processors without written authorization of lessee in cases where crop has to be sold in processed form before payment of rental 5. discourage formation or maintenance or growth of unions or orgs of ALs in his landholding, or to initiate, dominate, assist or interfere in the formation or istration of any such union or org ACTS AL IS FORBIDDEN TO DO 1. work additional landholdings belonging to different AR 2. employ sub-lessee on his landholding ENFORCEABILITY OF LOANS OBTAINED BY AL 1. written in language known to AL 2. signed/thumb-marked by AL or by his agent PROPERTIES OF AL EXEMPT FROM LIENS OR EXECUTIONS 1. 25% of entire produce of land under cultivation 2. work animals and farm implements PRESCRIPTION OF ACTION • 3 years reckoned from time cause of action accrued DAR: implementing arm of agrarian reform program LBP: financial arm
Good Luck! ☺
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CHAPTER I COMPREHENSIVE AGRARIAN REFORM LAW OF 1998 • • •
APPLICABILITY OF LAW: Agricultural lands only MEANING OF AGRICULTURAL LAND: lands that are arable and suitable for farming CONSTITUTIONALITY OF THE CARL: it is a valid exercise of police power
THE PRIMARY OBJECTIVE OF AGRARIAN REFORM • To breakup agricultural lands and transform them into economic-size farms to be owned by farmers themselves to uplift the latter’s socio-economic status o Meaning of Economic-size farms: area of farm land that permits efficient use of labor and capital resources; to produce income sufficient to meet needs of family • Founded on the right of farmers/farm workers to own the lands they till or receive just fruits thereof. RAISING OF LIVESTOCK, POULTRY, OR FISH NOT EMBRACED IN THE TERM “AGRICULTURE” • Classified as Industrial and exempt from the agrarian reform program ★LANDS COVERED BY THE AGRARIAN REFORM LAW • As a general rule: o All public and agricultural lands o Including other lands of the public domain suitable for agriculture • SPECIFICALLY, FROM SECTION 4, CARL o …More specifically, the following lands are covered by the CARP: (a) All alienable and disposable lands of the public domain devoted to or suitable for agriculture. No reclassification of forest or mineral lands to agricultural lands shall be undertaken after the approval of this Act until Congress, taking into ecological, developmental and equity considerations, shall have determined by law, the specific limits of the public domain; (b) All lands of the public domain in excess of the specific limits as determined by Congress in the preceding paragraph; (c) All other lands owned by the Government devoted to or suitable for agriculture; and "(d) All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon. "
★LANDS NOT COVERED BY THE AGRARIAN REFORM LAW • IMPLEMENTATION EXTENDED BY RA 9700 1. Private lands with a total are of 5 ha and below; 2. Lands actually, directly, and exclusively used for parks, wildlife, forest reserves, reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves; 3. Private lands actually, directly, and exclusively used for prawn farms and fishponds; 4. Lands actually, directly, and exclusively used and found to be necessary for: a. National defense; b. School sites ands campuses; c. Experimental farm stations operated for educational purposes; d. Seeds and seedling research and pilot production center; e. Church sites and convents appurtenant thereto; f. Mosque sites and Islamic centers appurtenant thereto; g. Communal burial grounds and cemeteries; h. Penal colonies and penal farms actually worked by the inmates; i. Research and quarantine centers; and j. All lands with eighteen percent (18%) slope and over, except those already developed RETENTION RIGHTS (RR) OF THE LANDOWNER (LO) • Not more than 5 ha. • Retained area need not be personally cultivated by LO o Can be through labor istration IF PREVIOUS EXERCISE OF RR UNDER PD 27? • LO can no longer exercise RR under CARL FOR SPOUSES • RR DEPENDS ON PROPERTY REGIME o Conjugal or absolute community: only 5 ha o Separation of property: 5 HA each (Total of 10 ha) WHO HAS RIGHT TO CHOOSE RETENTION AREA: LO IF LAND ALREADY COVERED BY EMANCIPATION PATENT (EP) OR CERTIFICATE OF LAND OWNERSHIP AWARD (CLOA)? • ISSUANCE DOES NOT ABSOLUTELY BAR LO FROM RETAINING THE AREA COVERED BY THE EP OF CLOA o IF LO IS DEPRIVED OF RR ! REMEDY of LO: file cancellation of EP or CLOA if land covered by such is found to be part of owner’s retained area (under istrative Order No 2, series of 1994) IF RETENTION AREA CHOSEN BY LO IS TENANTED? • There must be landlord-tenant relationship o How to determine?
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!
• •
LO has engaged person to personally cultivate an agricultural land; and ! LO is compensated in of share in the produce (Share Tenancy) or in of a price certain or ascertainable in produce or money or both (Leasehold Tenancy) Tenant to choose either to remain or be a beneficiary in the same or another agricultural land with similar or comparable features Tenant to exercise option 1 year from time LO manifests his choice for area of retention
EFFECT IF TENANT CHOOSES TO REMAIN IN THE RETAINED AREA • Tenant is now considered as agricultural lessee • No longer qualified as agricultural reform beneficiary
1. 2.
3. 4. 5. 6.
AGRICULTURAL LESSEE RIGHTS OBLIGATIONS Peaceful possession and (See page 20 for full text) enjoyment of land 1. Take care of farm Manage and work on land in 2. Inform lessor of tres manner conforming to proven 3. Care of animals and farm practices implements Mechanized any pahase of 4. Attend to farm and crops farmwork 5. Notify lessor of harvesting or Deal with millers and threshing processors 6. Pay lease when due Be afforded a homelot Be indemnified for cost and expense in cultivation, planting or harvesting and other expenses incidental to improvement of crop
TERM OF LEASE • Continues until extinguished • When is lease extinguished? o Abandonment or voulntary surrender of the landholding by the lessee o Absence of successor in the event of death or permanent incapacity of the lessee • But lease not necessarily extinguished by death or incapacity of the Lessee, leasehold continues between lessor and person who can cultivate the landholding personally o Lessor can choose from the ff: ! The surviving spouse; ! The eldest direct descendant by consanguinity; ! The next eldest descendant or descendants in the order of their age.
IF TENANT CHOOSES TO BE A BENEFICIARY • He loses right to be a beneficiary for same or other agri land • He loses right to be lessee of land retained by owner CHILDREN OF LO ENTITLED TO 3 HA EACH
• •
• •
•
If LO owns more than 5 ha; excess may be awarded to his children 3 ha each; with the ff conditions o child must be at least 15 y.o.; AND o child is actually tilling the land or directly managing the farm If child owns land, he is still entitled to award, but must not exceed 5 ha. ceiling Land awarded to children cannot be sold, transferred or conveyed within a period of 10 years except: o Through hereditary succession; o To the government; o To the LBP; or o To other qualified beneficiaries Children or spouse of transferor has right to repurchase land from gov or LBP within 2 years from date of transfer
LAND ENTITLEMENT Landowner (LO) 5 ha. Retention limit Spouses: Property Regime 1. Absolute Community 5 ha. Only 2. Separation of Property 5 ha. Each (total of 10 ha.) Children of LO 3 ha. each with conditions If already owns land, still entitled but must not exceed 5 ha limit Homesteaders Can retain even if exceeding 5 ha with conditions (cultivate at time of approval of CARL, continue to cultivate) Commercial farm beneficiaries 3 ha. or minimum of 1 ha. each Agrarian reform beneficiaries 3 ha. Buyer of agricultural land 5 ha. (need to submit affidavit of aggregate land holding before ing the title) RIGHT OF HOMESTEADERS VIS A VIS RIGHTS OF TENANTS • Right of homesteaders superior over rights of tenants • Homestead act is for welfare and protection of the poor • Owners of lands acquired through homestead grants or free patents under CA 141 can RETAIN THE AREA even if it exceeds 5 ha. provided that: o They were cultivating the same at time of approval of the CARL; and o They continue to cultivate the same.
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EXPROPRIATION OF PRIVATE AGRICULTURAL LANDS BY LGUS • LGU must first subject it to agrarian reform coverage • PROCESS: Gov acquires lands " just compensation by DAR " Distribute lands "LGU can then expropriate land and pay beneficiaries just compensation
•
★QUALIFICATIONS OF QUALIFIED CF BENEFICIARIES o > 18 y.o. at time of filing o Must have willingness, aptitude, and ability to cultivate and make land productive o Must have been employed in CF from june 15, 1998 or upon expiration of deferment o Farm workers who worked longest on land continously will be given priority
•
★WHO ARE DISQUALIFIED? o Optional or compulsary retired farm workers o Resigned farm workers o Dismissed farm workers for cause o Those farmworkers who waive or refuse to be beneficiary o Farm workers who violate agrarian reform loaws and regulation
•
FREEDOM OF BENEFICIARIES TO CHOOSE TYPE OF AGRIBUSINESS o They have freedom to choose type of business o To market their products or enter into marketing agreements o To avail of assistance or services in negotiationg the most advantageous agribusiness venture arrangmeent, enterprise devt and capability building
•
TYPES OF AGRIBUSINESS VENTURE ARRANGEMENTS o t venture agreement o Lease agreement o Contract growing/ growership arrangement o Management contract o Build-Operate-Transfer Scheme
•
OWNERS OF CFS HAVE RIGHTS OF RETENTION OVER COMMERCIAL FARMS
•
POWER OF DAR TO FIX RENTALS o Provided under Sec.6 of CARL
LANDS POSSESSED BY MULTINATIONAL CORPS ARE COVERED BY CARL • Land to be distributed directly to individual worker- beneficiaries • If not economically feasible: worker beneficiaries to form a cooperative or association to deal with corp by lease or grower’s agreement etc ANCESTRAL LANDS • Lands occupied, possessed, and utilized by individuals, families, and clans who are of the indigenous cultural communities or indigenous peoples by themselves of through their predecessors-in-interest under individual or group ownership, continuously to the present. • Ancestral lands are EXEMPTED from Agrarian Reform Law LAND CLASSIFICATION IN THE TAX DECLARATION IS NOT CONCLUSIVE • Not sole basis of land classification; not irrefutable LANDS NOT COVERED: • Lands classified as non –agricultural prior to the effectivity of carl are not covered • Lands with at least 18% slope o to prevent adverse effects in lowlands and streams resulting from soil erosion o considered as permanent forests or forest reserves • School Sites and Campuses o School has discretion (not DAR) to determine whether kand is necessary for use as school site or campus WHO HAS JURISDICTION TO EXEMPT A PROPERTY FROM AGRARIAN REFORM COVERAGE? • The Secretary of Agrarian Reform COMMERCIAL FARMS (CF) •
AGRARIAN REFORM LAW DEFERRED ON COMMERCIAL DFARMS o 10 years
•
MODE OF ACQUISITION OF CF o Voluntary offer to sell (VOS) o Compulsary acquisition (CA); or o Direct payment scheme (DPS)
•
MANNER OF DISTRIBUTION o 3 ha. each or minimum of 1 ha. each o Individually o Collectively
THE COMPULSARY ACQUISITION PROCESS IDENTIFY " SEND NOTICE "REPLY BY LO " POSSESSION BY DAR " DAR REQUEST TO ISSUE TCT " DISTRIBUTION OF LAND •
•
TWO NOTICES TO LO NEEDED FOR VALID IMPLEMENTATION o Notice of coverage o Notice of acquisition LAND ACQUISITION PROCEDURE: STRICTLY CONSTRUED o Why? since extraordinary method of expropriation o Violation by DAR = violation of constitutional due process – GAD
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JUST COMPENSATION •
• • • •
•
•
•
Source: Agrarian Reform Fund o If insufficient – charged against the debt service program of the national government or any unprogrammed item in the GAA Method: cash and land bank bonds Opening of trust does not constitute payment Title of or ownership of land is transferred to the state only upon just compensation Factors used in the valuation of lands o Capitalized Net Income o Comparable Sales o Market Value Preliminary determination of just compensation o DARAB may conduct summary proceeding to determine just compensation o If initial land valuation is… ! <10M: PARAD will conduct prelim proceedings ! 10M < 50M: RARAD ! 50M < Land Value: DARAB When is the reckoning of valuation? o At the time it was taken from owner and appropriated by the government o BUT if with undue delay: ! at the time of full payment of just compensation (Lubrica v Landbank) Valuation by DAR not conclusive o LO may still contest in proper court
PROCEDURE FOR DETERMINATION OF JUST COMPENSATION LBP determines value of land compensation compensation •
"if
"
DAR makes offer to LO
"DAR
determines
disagree: bring matter to RTC as SAC for final determination of
Mode of payment o LO cannot insist in cash payment only o GR: ! Cash and financial instruments of the government, ! Land Bank Bonds, ! Shares of stocks in GOCC, ! Tax credits
For Cash and Financial Instruments of the Government (Schemes) Lands above 50 ha. 25% cash 75% government financial instruments Lands above ha.
•
24 – 50
30% cash 70% government financial instruments
Lands above 24 ha and below
35% cash 65% government financial instruments
Voluntary Transfer no longer allowed o Till June 30, 2009 only o Mode of payment: beneficiary pays price directly to LO
FORMULAS (READ THE BOOK IF YOU WANT TO LEARN THIS. HEHE. ☺) ★AGRARIAN REFORM BENEFICIARIES • ★WHO ARE ELIGIBLE? o Landless resident of same barangay/ municipality o Landless resident – farmer or tiller who owns less than 3 ha. of land ! Agricultural lessees and share tenants ! Regular farmworkers ! Seasonal farmworkers ! Other farmworkers ! Actual tillers or occupants of public lands ! Collectives or cooperatives of the above beneficiaries ! Others directly working on the land. •
★QUALIFICATIONS OF AGRARIAN REFORM BENEFICIARIES o Filipino citizen o Resident of the brgy or municipality where landholding is located o At least 15 years old o Willing able and equipped with attitude to cultivate and make land productive
•
SPECIAL QUALIFICATIONS FOR FARM WORKERS IN COMMERCIAL FARMS OF PLANTATIONS
o
•
If they were employed as of June 15,1988 in the landholding under CARL
MANAGERIAL FARM WORKERS NOT QUALIFIED TO BECOME BENEFICIARIES
o
But those promoted after being identified as beneficiary STILL qualified
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•
•
★WHO ARE DISQUALIFIED TO BECOME AGRARIAN REFORM BENEFICIARIES? (13) 1) Those who do not meet the basic qualifications 2) Those who have waived their right 3) Those who have not paid an aggregate of 3 annual amortizations 4) Those who have failed to exercise their right of redemption/repurchase within 2 years 5) Those who refused to pay 3 annual amortizations for land 6) Those who have been dismissed for cuase 7) Those who have obtained substantially equivalent employment 8) Those who have retired or voluntarily resigned from their employment 9) Those who have misused the land or diverted the financial services extended by the government 10) Those who have misrepresented material facts in their basic qualifications 11) Those who have sold, disposed, abandoned the lands awarded to them by the government 12) Those who have converted agricultural lands to non agricultural use wo prior approval of the DAR 13) Those who have violated agrarian reform laws and regulations MAXIMUM AREA TO BE OWNED OR AWARDED TO BENEFICIARIES
o •
•
Type of crop Type of soil Weather patterns; and Other pertinent factors critical for the success of the beneficiaries
TRANSFER OF OWNERSHIP TO BENEFICIARIES NOT AUTOMATIC o Will only be transferred upon full payment of just compensation to the landowner
CERTIFICATE OF LAND OWNERSHIP AWARD (CLOA) •
WHEN DOES DAR ISSUE A CERTIFICATE OF LAND OWNERSHIP AWARD (CLOA)? o Upon full payment of the farmer beneficiary o CLOA is basis for issuance of OCT or TCT
•
CLOA IS INDEFEASIBLE o Become indefeasible after 1 year from registration with the registry of deeds
•
CANCELLATION OF CLOAS o UNDER JURISDICTION OF THE SECRETARY OF DAR
•
GROUNDS FOR CANCELLATION OF CLOAS o Abandonment of the land;
Neglect or misuse of the land; Failure to pay 3 annual amortizations; Misuse or diversion of financial and services; Sale, transfer, conveyance of the right to use the land; and Illegal conversion of the land
BENEFICIARIES WHEN WILL RIGHTS AND OBLIGATIONS OF BENEFICIARIES COMMENCE? • From their receipt of the CLOA and actual physical possession of the land OBLIGATIONS OF BENEFICIARIES
• •
Exercise due diligence in the use, cultivation, and maintenance of the land, including improvements thereon; and Pay the LBP 30 annual amortizations with 6% interest per month o amortizarion will start 1 year from the date of registration of the CLOA o if actual occupancy is after registration; 1 year pd starts from constructive occupation of the land by beneficiary
PRESIDENTIAL AGRARIAN REFORM COUNCIL (PARC) • HAS POWER TO ISSUE RULES AND REGULATIONS TO CARRY OUT OBJECTIVES OF THE
3 hectares
FACTORS TO BE CONSIDERED IN DETERMINING SIZE OF LAND TO BE AWARDED
o o o o
o o o o o
ACT
• • •
Chair Vice Chairperson o must include 6 reps from the agrarian reform beneficiaries ! at least one from ICC ! at least one from duly recognized organization of rural women or a national organization of agrarian reform beneficiaries with a substantial amount of women
PRESIDENTIAL AGRARIAN REFORM COORDINATING COMMITTEE (PARCCOM) • COORDINATES AND MONITORS THE IMPLEMENTATION OF CARP IN THE PROVINCE • PROVIDES INFORMATION ON THE PROVISIONS OF THE CARP, GUIDELINES ISSUED BY THE PARC AND PROGRESS OF CARP IN THE PROVINCE • COMPOSITION OF THE PARCCOM • Chairman • Executive officer • REPS BARANGAY AGRARIAN REFORM COUNCIL (BARC)
• •
BARC MAY SEEK LEGAL ADVICE FROM DAR FUNCTIONS OF THE BARC o THOSE PROVIDED UNDER EO 229 o IN ADDITION TO THOSE STATED IN EO 229 1. Mediate and conciliate 2. Assist in ID 3. Attest to accuracy
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4. 5. 6. 7. 8.
o
Assist qualified beneficiaries Assist in initial determination of land value Assist DAR reps Coordinate delivery of services Perform other functions assigned by DAR
DAR HAS TWO-FOLD JURISDICTION • executive – enforcement and istration of laws • judicial – determination of rights of parties ★QUASI-JUDICIAL JURISDICTION OF THE DAR • Has primary jurisdiction to determine and adjudicate Agrarian reform matters • Appellate jurisdiction over orders and decisions of the Agrarian reform adjudicators ★QUASI-JUDICIAL POWERS OF THE DARAB • Hear and decide cases within its jurisdiction; • Summon witnesses; • ister oaths; • Take testimony; • Issue subpoena ad testificandum or duces tecum; • Issue writs of execution; and • Punish direct or indirect contempt. ★PROVINCIAL AGRARIAN REFORM ADJUDICATORS (PARAD) • Has primary and exclusive jurisdiction to hear and decide AGRARIAN DISPUTES o Definition of AGRARIAN DISPUTES: Sec 3 (d) CARL (page 113 of UNGOS book) ! Controversies relating to leasehold, tenancy, stewarsdship over lands devoted to agriculture ! Disputes concerning farmworkers’ assoc. ! Representation of persons in negotiating, fixing, maintaning, changing or seeking to to arrange or conditions of such tenurial arrangements o Specific matters over which PARAD has jurisdiction (16) (page 114) ! i.e. ejectment of tenants, sale and redemption of agri lands, review of leasehold rentals and fixing of disturbance compensation, preliminary istrative determination of reasonable and just compensation etc. •
Appeal from decisions of the PARAD o To DARAB within 15 days
★REGIONAL AGRARIAN REFORM ADJUDICATORS (RARAD) • Executive adjudicator in the region • Functions: o supervision over PARAD including monitoring of cases o Hearing and adjudication of agrarian disputes
Conduct hearing on the ff: ! Cases that cant be handled by PARAD on of inhibition, disqualification or when there is no PARAD in locality ! Complex and sensitive matters that decision would constitute precedent affecting regional interest ! Preliminary determination of just compensation of lands valued at 10M to 50M ! Conduct hearing on applications for the issuance of a writ of preliminary injunction or TRO and such other cases which the Board may assign
★DARAB HAS NO JURISDICTION… 1. Over matters pertaining to ownership 2. Over retention or exemption issues 3. Over right of way issues 4. To identify and classify landholdings for agrarian reform coverage 5. Over matters pertaining to identification and selection of beneficiaries AGRARIAN CASE DIRECTLY FILED IN COURT- ACTION TO BE TAKEN LEGAL PERSONALITY OF UNED ASSOCIATION CANNOT BE CHALLENGED JUDICIAL REVIEW • • •
•
DAR " CA via petition for review on certiorari under Rule 43 of the Rules of Court frivolous or dilatory appeals o factual matter; based on facts and circumstances Prerequisite to filing of a complaint before the DARAB o BARC certification stating that the dispute has been submitted to it for mediation and conciliation without any success o BARC certification not needed in judicial determination of just compensation; Special Agrarian Courts has jurisdiction ! Only needed for cases filed before the DARAB Remedy from an adverse ruling of the DAR
✪ Appeal from decision of DAR
DARAB for just compensation
RTC acting as SAC
Petition
To
Review on Certiorari under Rule 43 Original action
CA
15 days from notice
SAC
Appeal via petition for
CA
15 days from receipt of adjudicators decision 15 days from receipt of
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CA
review under Rule 43 Appeal by Certiorari under Rule 45
Any Ruling of DAR
Petition for Review
PARAD
SC
SC
DARAB
notice of decision 15 days from receipt of notice of decision 15 days from receipt of notice of decision Within 15 days
RTC AS SPECIAL AGRARIAN COURT • Additional jurisdiction of the special agrarian court (SAC) o ★Original and exclusive jurisdiction to hear and decide: ! Petitions for the determination of just compensation to LO; and ! Criminal violations of the CARL • ★Just compensation preliminarily determined by the DARAB should be filed with the SAC within 15 days from notice OBJECTIONS TO THE COMMISSIONER’S REPORT (COMMISSIONER APPOINTED BY SAC TO EXAMINE FACTS RELEVANT TO DISPUTE) • Under Rule 32 of Rules of Court; 10 Days to file objection INTERLOCUTORY ORDERS OF THE SAC • Can’t be challenged till case is decided on merits • Why? To expedite resolution of agrarian disputes
★CONVERSION •
Section 65
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DEFINITION OF CONVERSION o Act of changing the current use of a piece of agricultural land into some other use ! For residential, commercial, industrial, and other nonagricultural purposes; ! For another type of agricultural activity such as livestock, poultry and fishpond the effect of which is to ecempt the land from CARP coverage; ! For non-agricultural use other than that previously authorized o RA 78811 Change of crops to commercial or high value crops is NOT considered as conversion in the use and nature of the land (see page 140 of UNGOS, and RA 7881)
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CONVERSION VS RECLASSIFICATION o Conversion ! Changing the current use as approved by DAR o Reclassification ! Specifying how agricultural lands shall be utilized for nonagricultural uses such as residential, industrial, and commercial, as embodied in the land use plan, subject to the requirements and procedures for land use conversion
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EFFECT OF RECLASSIFICATION o Does not automatically allow LO to change land use o Has to first undergo CONVERSION
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SCOPE OF DAR’S CONVERSION AUTHORITY o Agricultural land reclassified as non agricultural before June 15, 1998 doesn’t require conversion clearance or authority from DAR = NOT COVERED o After June 15, 1998: DAR approval required for conversion
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WHO CAN APPLY FOR CONVERSION? o The Beneficiary o The LO with respect only to his retained area which is tenanted
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WHEN: PROPER TIME TO FILE APPLICATION FOR CONVERSION? o After the lapse of 5 years from the award of the land
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WHAT: CONDITIONS FOR FILING AN APPLICATION FOR CONVERSION 1. When the land ceases to be economically feasible for agricultural purposes; or
✪REMEDY FROM ADVERSE DECISION OF THE SPECIAL AGRARIAN COURT • not ordinary appeal • appeal via petition for review under Rule 43 of the Rules of Court ✪REMEDY FROM ADVERSE DECISION OF THE COURT OF APPEALS • Certiorari with the SC under Rule 45, within 15 days from notice • 15 day period: non-extendible ON APPEALS: PROCEDURES IN RULES OF COURT WILL GOVERN FINANCING • ROLE OF LAND BANK OF THE PHILIPPINES (LBP) o LBP is the financial arm of the agrarian reform program o LBP determines value of land
AGRARIAN LAW & SOCIAL LEGISLATION MIDTERM REVIEWER 2016 | ALEGRE & BAÑARIA
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2.
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IF CONVERSION IS APPROVED: OBLIGATIONS OF BENEFICIARY o Invest 10% of proceeds from conversion in gov securities o Pay the LBP full price of land upon conversion
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LANDS THAT CANNOT ABSOLUTELY BE SUBJECT TO CONVERSION (P-I-I-AI) 1. Agricultural lands within Protected areas designated by the NIPAS, including watershed and recharged areas of aquifers, as determined by the DENR; 2. All Irrigated lands (delineated by DA/NIA), where water is available to rice and other crop production, and all irrigated lands where water is not available for rice or other crop production but are within areas for irrigation facility rehabilitation by the DA and/or the NIA; 3. All Irrigable lands already covered by irrigation projects with firm funding commitments (delineated by DA/NIA); 4. All Agricultural lands with Irrigation facilities operated by private organizations
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o
When the locality has become urbanized and the land will have a greater economic value for residential, commercial, or industrial purposes.
AREAS HIGHLY RESTRICTED FROM CONVERSION (IN-A-C-E) 1. Irrigable lands Not covered by irrigation projects with firm funding commitment; 2. Agro-industrial croplands, or lands presently planted to industrial crops that the economic viability of existing agricultural infrastructure and agro-based enterprises; 3. Lands issued with notice of land valuation and acquisition, or subject of a perfected agreement between the LO and the beneficiaries under the voluntary land transfer/ direct payment scheme (VLT/DPS) under the CARP; and 4. Environmentally critical areas (ECAs) as determined by DENR in accordance with law.
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PURPOSE OF INVENTORY o Inventory helps DAR monitor unauthorized conversions of lands into fishponds and prawn farms
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MANGROVE AREAS ALSO PROTECTED UNDER LAW o To harmonize agrarian reform with environmental laws
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CHANGE OF CROPS = NOT CONVERSION = NO NEED FOR DAR APPROVAL
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Lands transferred to beneficiaries exempted from taxes and fees
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Land acquired by beneficiaries exempted from transfer/registration fees
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Law prohibits issuance of injunction by lower courts to ensure speedy unhampered and smooth implementation of the agrarian reform program
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Buyer of agricultural land is required to submit an Affidavit of aggregate landholding – to ensure that buyer does not exceed the 5 ha. limit
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WHEN IS THE BANK OR FINANCIAL INSTITUTION (FI) DEEMED AS NEW LO? o If before the deposit of just compensation: ! The bank is the purchaser in the foreclosure sale and the redemption has expired, in cases where the right of redemption exists; or ! The bank or financial institution is the purchaser in the foreclosure sale and said foreclosure sale is confirmed by the court in cases where only equity of redemption is provided
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WHEN IS BANK OR FINANCIAL INSTITUTION DEEMED AS LIEN-HOLDER? o The bank or FI, as mortgagee, is considered one, if on the date the land transfer scheme was received by the LBP from the DAR: ! The mortgage debt is not due and demandable; or ! The mortgage debt is already due and demandable but the bank or financial institution has not foreclosed the property; or ! The mortgage has already been foreclosed by the pd to exercise the right of redemption gas not yet expired or the foreclosure sale has not been confirmed by court in cases where there is only equity of redemption
WHY? Since, apart from standard requirements, these areas require a project feasibility study and environmental compliance certificate. •
Failure to implement approved conversion plan within 5 years from approval = Land still covered by the agrarian reform program
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CONVERSION OF PUBLIC AGRICULTURAL LANDS TO FISHPONDS o Only when coastal zone is declared suitable for fishpond development by the provincial government and the BFAR o Then, DENR can allow the lease and devt of the area
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Private agricultural farms can be converted to fishponds and prawn farms up to a maximum of 5 ha.
BUT DAR may approve conversion of more than 5 ha. under the ff conditions: ! When the use of the land is more economically feasible as fishpond/prawn farm as certified by the BFAR; and ! A simple and absolute majority of the regular farm workers or tenants agree to the conversion
AGRARIAN LAW & SOCIAL LEGISLATION MIDTERM REVIEWER 2016 | ALEGRE & BAÑARIA
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RIGHT ANDS PRIVILEGES OF BANK OR FI AS NEW LO: o Receive all notices, advices, correspondence and communications from DAR, LBP o Transact w DAR or LBP regarding all aspects if subj land transfer claim to the exclusion of all other persons o Be named as recipient of cash and bond deposits o Receive all proceeds of subject land
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Obligations of bank or FI as new LO (page 145) Obligations of bank or FI as lien-holder (page 145)
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The term of contractual arrangements will be respected o Any contract of lease, grower, service etc will be respected until expiry
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Debts secured by mortgage on land – the government will assume the obligation in an amount not exceeding what the LO would receive as just compensation
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PENALTIES (SEE SEC 74) o GR: Imprisonment of 1-3 yrs, Fine of 1k – 15k o EGR: ! Sec 73, par. a,b,f,g,h = 3y1D – 6y, 50k -150k ! Sec 73, par. c,d,e,i = 6y1D – 12 yrs, 200k -1M o If offender is a corporation = officers liable
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Sale resulting from foreclosure of mortgage not a criminal violation of the CARL
CRIMINAL VIOLATIONS OF THE CARL (SHORTENED VERSION; PAGE 148) 1) Ownership in excess of total retention limit or award ceilings; if done for the purpose of circumventing the provisions of the CARL 2) Forcible entry or illegal detainer by non beneficiaries; if done to avail rights/ benefits of the program 3) Conversion of agri land to non agri use; if done with intent to avoid application of CARL to his land holdings 4) Malicious and willful prevention or obstruction of the implementation of the CARP 5) Sale, any transfer or conveyance of lands outside of urban centers and city limits either in whole or in part after the effectivity of the CARL, EXCEPT upon final completion of the appropriate conversion under sec 65 RA 6657 6) Sale, transfer, conveyance by a beneficiary of the right to use or any usufructuary right over the land acquired by virtue of being a beneficiary, if done to circumvent the CARL 7) Unjustified, willful and malicious acts of the officers of the gov. through the ff: a. Denial of notice/ reply to LO b. Deprivation of retention rights c. Undue or inordinate delay in the preparation of claim folders d. Undue delay refusal or failure in the payment of just compensation 8) Undue delay by any gov agency/official/employee to submit report, data involving implementation of the provisions of the CARL as required by the parties or the government , including the House of Reps and the Senate of the Philippines 9) Undue delay in the compliance with the obligation to certify or attest and or falsification of the certification or attestation as required under Sec 7 of RA 6657 10) Any other act of culpable neglect or willful violations of this act
AGRARIAN LAW & SOCIAL LEGISLATION MIDTERM REVIEWER 2016 | ALEGRE & BAÑARIA
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CHAPTER II TENANT EMANCIPATION LAW • •
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APPLICABILITY OF LAW: private agricultural lands devoted to rice and corn under share tenancy or lease tenancy SIZES OF LAND TO BE TRANSFERRED TO TENANT-FARMER (TF) o Not irrigated: 5 ha. o Irrigated: 3 ha. STAGES OF LAND TRANSFER 1. issuance of Certificate of Land Transfer (CLT) 2. issuance of Emancipation Patent (EP)
CERTIFICATE OF LAND TRANSFER • qualifies tenant-beneficiary (TB) to possess land and comply with certain conditions preparatory to ownership EMANCIPATION PATENT • vests upon farmer-beneficiary (FB) absolute ownership over landholding • constitutes conclusive authority for issuance of an O/TCT in his name • INDEFEASIBILITY: after 1 year from its registration @ Office of the Registry of Deeds • CANCELLATION OF EPS 1. Abandonment 2. Neglect or misuse 3. Failure to pay 3 annual amortization 4. Misuse or diversion of financial aid and services 5. Sale, transfer or conveyance of right to use land 6. Illegal conversion • JURISDICTION: DAR
2.
3.
payment by LBP with 10% payable in cash immediately and balance payable in form of LBP bonds over a 10-year period, with 1/10 of the face value maturing th every year until the 10 year other modes of payment prescribed or approved by Presidential Agrarian Reform Council
RETENTION RIGHT OF LO • 7 ha. max, if cultivating or will cultivate • Personal cultivation by LO not required, can be done indirectly through labor istration RETENTION RIGHT UNDER PD 27 VIS-À-VIS RETENTION RIGHT UNDER CARL • Alternative o If LO already exercised his right of retention under PD 27, he can no longer exercise retention right under CARL. However, he can keep the 7-ha. retention limit granted under PD 27. JURISDICTION OVER RETENTION OR EXEMPTION • DAR – istrative implementation of agrarian law
TB CANNOT SELL OR TRANSFER OWNERSHIP OF LAND E: 1. to the Government 2. by hereditary succession TF WILL PAY LBP • total costs of land + interest at 6% per annum for 20 years in 20 equal annual amortizations • EP issued after full payment of the amortizations 3 months after acquisition due to foreclosure • sale to any interested landless farmer duly certified to a bonafide landless farmer by DAR of the o barangay or 2 closest barangays where land is situated PAYMENT OF JUST COMPENSATION TO LO 1. direct payment in cash or in kind
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CHAPTER III THE CODE OF AGRARIAN REFORMS • • • •
istration bill submitted by President Macapagal Signed into law on 08 Aug 1963 OBJECTIVE: create a system of owner-cultivatorship and economic family-size farm as basis of Philippine agriculture Supplements (did not repeal) CARL
SALIENT FEATURES • Abolished share-tenancy system and replaced it with agricultural leasehold • Bill of rights for agri workers • Established DAR as machinery for acquisition and distribution of agricultural land • Established Land Bank as financial arm of agrarian reform program SHARE TENANCY • where 2 persons agree on a t undertaking for agricultural production where o one party furnishes the land and o the other his labor, ! with either or both, ! contributing any one or several of the items of production, o the tenant cultivating the land personally with the aid of labor available from of his immediate farm household, and o the produce thereof to be divided b/w LH and tenant AGRICULTURAL LEASEHOLD • farmer cultivates land belonging to, or possessed by, another with the LH’s consent for a price certain in money or in produce or both SITUATIONS WHERE LEASEHOLD RELATIONSHIP CAN EXIST 1. area retained by LO is tenanted 2. FB leases land awarded to him to another person 3. FB leases land awarded to him back to the former owner of the land 4. Land awarded to farmer’s coop or association is leased to agricultural corporations AGRARIAN REFORM BENEFICIARIES CAN BECOME LESSORS OF AGRICULTURAL LAND. • Leasehold principles under CAR will apply only to situations where lessor is LO: o Farmers whose tenancy relations were automatically converted to leasehold by virtue of CAR o Tenanted lands retained by LO, automatically converted to leasehold by virtue of CARL FORM OF LEASE CONTRACT • No particular form (oral or written) • Lessor need not be owner of land (may be usufructuary or legal possessor) • If agreement in writing, agricultural leasehold shall be: o Drawn in quadruplicate in language known to agricultural lessee (AL)
o o o
Signed/thumb-marked by AL personally and by agricultural lessor (AR) before 2 witnesses, to be chosen by each party Acknowledged before municipal court/municipality where land is situated ed with Municipal Treasurer (custodian of agri lease contracts, to be kept and recorded in the Registry of Agricultural Leasehold Contracts)
AND CONDITIONS OF THE CONTRACT 1. AL to pay excessive rental 2. AL to pay amount in excess of fair rental value for use of lessor’s work animals or farm implements 3. AL to rent work animals or to hire farm implements from the AR or a third person 4. AL to make use of any store or services operated by AR or a third person 5. AL to render any service other than his duties and obligations as lessee, with or without compensation 6. AL to answer for any fine, deductions and/or assessments 7. AL to accept a loan or to make payment therefor in kind MODES OF PAYMENT OF RENTAL • In money: paid within a reasonable time from threshing or processing • In produce: paid immediately after threshing or processing TERM OF LEASE • Indefinite – until lease is terminated for cause o AL-farmers are entitled to security of tenure THOSE THAT DO NOT TERMINATE LEASEHOLD RELATION 1. Expiration of lease o will not authorize increase on rentals ! UNLESS LO introduces capital improvements to increase productivity ! Proportionate to consequent increase in production 2. Transfer of ownership of land o buyer/transferee becomes lessor 3. Death or physical incapacity of the lessee o lessor must choose successor from the ff if they are willing to personally cultivate the landholding: ! surviving spouse ! eldest direct descendant by consanguinity ! next eldest descendant or descendants in the order of their age o EXTINGUISHED ! if none of the above exists or ! if the above persons are not willing to cultivate the land WHEN THE AGRICULTURAL LEASEHOLD IS EXTINGUISHED 1. abandonment without the knowledge of AR
AGRARIAN LAW & SOCIAL LEGISLATION MIDTERM REVIEWER 2016 | ALEGRE & BAÑARIA
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2.
3.
a. intent to abandon b. actual act of abandonment voluntary surrender by AL a. voluntary surrender by AL b. AL must serve 3 months advance notice absence of persons to succeed to lessee, in the event of death or permanent incapacity or the lessee
TERMINATION OF LEASEHOLD BY AL 1. cruel, inhuman or offensive, treatment of AL or any member of his immediate farm household by AR 2. non-compliance on the part of AR with any of his obligations 3. compulsion of AL or any member of his immediate farm household by AR to render any service not in any way connected with farm work, or even without compulsion if no compensation is paid 4. commission of crime by AR or his representative against AL or any member of his immediate farm household 5. voluntary surrender due to circumstances more advantageous to him and his family DISPOSSESSION OF AL 1. land declared by appropriate government agency suited for RCI or some other urban purposes 2. failure of AL to substantially comply with any of the and conditions of the lease K or CAR 3. AL failed to adopt proven farm practices 4. land or other substantial permanent improvement is substantially damaged or destroyed or has unreasonably deteriorated through the fault or negligence of the AL 5. AL does not pay lease rental when it falls due 6. Lessee employed sub-lessee Procedure: 1. LO-AR should file corresponding petition with DARAB 2. Prove existence of grounds for dispossession RIGHT OF LESSEE TO BE INDEMNIFIED FOR HIS LABOR (AL SURRENDERS, ABANDONS, OR IS VALIDLY EJECTED) 1. cost and expenses incurred in the cultivation, planting or harvesting and other expenses incidental to improvement of his crop 2. for ½ of the necessary and useful improvements made by him on the landholding w/c are tangible and have not yet lost their utility at the time of surrender and/or abandonment of the landholding RIGHT OF PRE-EMPTION • AL – preferential right to buy land actually cultivated by him • AR decides to sell landholding, must give notice to: o DAR, and o All lessees affected.
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•
If AL agrees: o Give written notice to AR of intention to exercise right, AND o Tender payment, or o Present guarantee certificate from LBP to AR If AR refuses to accept tender or presentment: o Consign with court
RIGHT OF REDEMPTION • if land was sold to a third person without knowledge of AL • at a reasonable price and consideration to the extent of area actually cultivated by him • by filing a petition or request for redemption with DAR w/in 180 days from knowledge of sale • redemption price: reasonable price of the land at the time of the sale ACTS AR IS FORBIDDEN TO DO 1. dispossess AL of landholding without just cause 2. require AL to assume payment of taxes levied by government on landholding 3. require AL to assume rent, “canon” or other consideration which AR is under rd obligation to pay to 3 persons for the use of land 4. deal with millers or processors without written authorization of lessee in cases where crop has to be sold in processed form before payment of rental 5. discourage formation or maintenance or growth of unions or orgs of ALs in his landholding, or to initiate, dominate, assist or interfere in the formation or istration of any such union or org ACTS AL IS FORBIDDEN TO DO 1. work additional landholdings belonging to different AR 2. employ sub-lessee on his landholding ENFORCEABILITY OF LOANS OBTAINED BY AL 1. written in language known to AL 2. signed/thumb-marked by AL or by his agent PROPERTIES OF AL EXEMPT FROM LIENS OR EXECUTIONS 1. 25% of entire produce of land under cultivation 2. work animals and farm implements PRESCRIPTION OF ACTION • 3 years reckoned from time cause of action accrued DAR: implementing arm of agrarian reform program LBP: financial arm
Good Luck! ☺
AGRARIAN LAW & SOCIAL LEGISLATION MIDTERM REVIEWER 2016 | ALEGRE & BAÑARIA
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