Agra9-16compilation Tanyag

CHAPTER 9 : SUPPORT SERVICES
Chapter 9-16 Agrarian Law Atty. Tanyag SY 2013-2014
What is a support service? Activity or function required for successful completion of a process, program, or project.
Creation of Support Services Office An office under the DAR headed by an Undersecretary
Unit or system which helps to develop and improve the quality and impact of the agrarian reform program of the government
Provide general support and coordinative services in the implementation of the CARP Tasked in particularly carrying out the provisions of the thirteen services enumerated in Sec. 35 CARL to farmer-beneficiaries and affected landowners
13 Support Services (in Sec.35) 1) Irrigation facilities
2) Infrastructure development and public works projects; DAR to enter in contracts with private parties on long term basis, joint venture agreements or BO-T scheme 3) Subsidies for the use of irrigation facilities 4) Price support and guarantee for all agricultural produce
5) Credit for agro-industrialization, like concessional and collateral free loans 6) Financial assistance to small and medium scale industries 7)Sufficientnumberofagriculturalextensionworkerstofarmersorganizations 9) Development of cooperative management skills
8) Research, development and dissemination of information on agrarian reform 10) Identification of ready markets for produce and training in marketing
11) Effective information dissemination system to promote marketing & minimize
spoilage of produce through the DA
12) Credit guarantee fund for landowners
13) Administration, operation, management and funding of support services projects & programs R.A. 7905 Enacted in February 23, 1995 Sec.35oftheCARPwasfurtheramendedby:RepublicAct7905:ANACTTO STRENGTHEN THE IMPLEMENTATION OF THE COMPREHENSIVE AGRARIANREFORMPROGRAM,ANDFOROTHERPURPOSES Amendments introduced on the following ( Sec.35): Paragraphs # 2, 8, 11, 12, 13 Specific amendments: Provision relative to seeds and seedling banks, postharvest facilities and other facilities for sound a agricultural development plan
Development and dissemination of information on agrarian reform, plants and crops best suited for cultivation and marketing Effective info system through the DA to promote marketing and minimize spoilage of produce
ThesuccessoftheCARLdependsontheprovisionofthenecessarysupport services xxx that will propel the beneficiaries to attain economic independence andselfreliance. Thelivesoftheagrarianreformbeneficiarieswillbeupliftedthroughthe provisionofsupportservices Section 36 has undergone amendments through RA 9700 The changes are: 1. Increase from 25% to 40% of the appropriations to be given to support services.
Reason for Amendment stated in the Policy statement of the DAR (A.O. No. 05 series of 1995)
2. DAR is expected to pursue an integrated land acquisition and distribution and support services strategy which shall be implemented parallel to land distribution andacquisitionprocess.Thisisentirelyanewprovision. 3. Increase of 2 ARC from the original of 1. 4. There is a part where "a complementary support services" should be established in communities or barangays that are not part of the ARC already established. 5. Finally, for the purposes of funding or looking for financial assistance, the DAR is expected to be "in close coordination" with congressional oversight committee created herein and with due notice to the representative of the district with ARC. still the funds shall be taken from any generous monetary institution, state, or outside organizations. However, with the intervention of congress and congressman of that particular district, it should increase the likelihood of getting the needed funding for support services. Section 36 of the CARL 1988 merely provides for the funding of support services. This section like the entire provisions related to support services, gives a high premium on the importance of the support services that the law has laid down the percentage of funds that should be allocated for it. However, a more important problem arises - the source of the funding. The provision merely mentions "grants, aids, and other forms of financial assistance" from which the funding may be derived. the authors (Hernandez, Alba, and Hernadez) think that an allocation from the congress through the Annual Appropriations Act should do the work and would be preferable than the" authorization of DAR to receive other "imported" forms of financial assistance".
The provision also mentions ARC - Agrarian Reform Community - which should beestablishedbytheDARincoordinationwiththeNGOs,LGUs,andpeoples organization in each legislative district which should be a predominant agricultural population. An ARC is a barangay or cluster of barangays primarily composed and managed by Agrarian Reform Beneficiaries who shall be willing to be organized, and undertake the integrated development of an area and or their organizations or cooperatives. The provision is silent as to the purpose of the ARCs. However, from the discussions of the authors, it would seem that these communities will be a project study, a gauge as to the effectiveness of the support services. SEC. 37.Support Services for the Agrarian Reform Beneficiaries
A.) Support Services under Section 37 of RA 6657, as amended by RA 9700
Under Section 37 of RA 6657, as amended by RA 9700, the section title states the support services for the agrarian reform beneficiaries. The main purpose of the amendment is to liberalize credit access to the agrarian beneficiaries. It was made through the creation of an integrated policy made possible by the cooperation of the Department of Agrarian Reform, Department of Finance and Bangko Sentral ng Pilipinas. The Presidential Agrarian Reform Council (PARC) is tasked as the implementing agency under the said Section. B.) Pertinent provisions amended by RA 9700
There are three (3) major changes made by RA 9700. One change is the amendmentofpar.1(b)fromLiberalizedtermsoncreditfacilitiesandproduction loanstoSocializedtermsonagriculturalcreditfacilities.Underthenew amendment,thelawexplicitlychangedthewordingfromliberalizedtermsto socializedterms.Also,theamendmentspecificallymentionedthatsocialized termsbeappliedonagriculturalcreditfacilities. Furthermore, under the same subparagraph, the amendment included a more specific appropriation for the Support Services Fund. Thirty percent (30%) of the forty percent (40%) mentioned in the Section 36 shall be immediately set aside and made available for agricultural credit facilities. One-third of the said 30% shall be allocated for subsidies to support the initial capitalization for agricultural production to new agrarian reform beneficiaries upon the awarding of the emancipation patent or the certificate of land ownership award. The other two-thirds shall be allocated to provide access to socialized credit to existing agrarian reform beneficiaries, including the leaseholders.
Paragraph 1(b): Socialized terms on agricultural credit facilities
Under amendment, RA 9700 inserted with specificity that Land Bank of the Philippines, other concerned government financial institutions, accredited savings and credit cooperatives, financial service cooperatives and accredited cooperative banks will deliver the support services credit to beneficiaries, holders of collective titles and cooperatives The amendment provided conditions for the grant of loan for support services which must be that: (1) the loans obtained shall be used in the improvement or development of the farm holding of the agrarian reform beneficiary, and/or, (2) the loans obtained shall be used to establish facilities which shall enhance production or marketing of agricultural products or increase farm income. This provision is likewise not present in RA 6657. Furthermore, it is
specified that seventy percent (70%) of the will remain from the Support Services Fund. Under that remaining portion, fifteen percent (15%) is earmarked for farm inputs as requested by the duly accredited agrarian reform beneficiaries' organizations. Such farm inputs are defined to include seeds, seedlings and/or planting materials, organic fertilizers, pesticides, herbicides, and farm animals, implements/machineries. Another five percent (5%) is allotted for seminars, trainings and the like to help empower agrarian reform beneficiaries. Another novelty of RA 9700 is the inclusion of the direct and active DAR assistance in the education and organization of actual and potential agrarian reform beneficiaries, at the barangay, municipal, city, provincial, and national levels. Its purpose is to help the said organizations to understand their rights and responsibilities as owner-cultivators in order to develop farm-related trust relationships among themselves and their neighbors, as well as to increase farm production and profitability with the ultimate end of empowering them to chart their own destiny. Paragraph 1 (f): Government-community participation
The representatives of the agrarian reform beneficiaries to the PARC shall be chosen from the nominees of the duly accredited agrarian reform beneficiaries' organizations, or in its absence, from organizations of actual and potential agrarian reform beneficiaries as forwarded to and processed by the PARC EXCOM. Under the RA 6657, policy formulation is limited to the discretion of PARC andsuchpoliciesaredirectedtoallstagesoflandreform.Intheamendment, the policy formulation not only vested the power to PARC but it also included the need for the concurrence of the concerned agrarian reform beneficiaries and further,thesepolicieswillbedirectedatallstagesoftheprogram implementation. RA 9700 added another novelty which mandates the PARC to adopt, implement, and monitor policies and programs to ensure the fundamental equality of women and men in the agrarian reform program as well as respect for the human rights, social protection, and decent working conditions of both paid and unpaid men and women farmer-beneficiaries. Paragraph 3: Policy and program implementation and monitoring Paragraph 2: Policy formulation for Support Services
Chapter 9-16 Agrarian Law Atty. Tanyag SY 2013-2014 Section 37-A: Equal support service for Rural Women
Women farmer-beneficiaries under the said Section have the following rights: (1) Support services which take into account the specific requirements of female family members of farmer-beneficiaries; (2) Rural women will be able to participate in all community activities; (3) Rural women are entitled to selforganization in order to obtain equal access to economic opportunities and (4) Rural women shall have access to agricultural credit and loans, marketing facilities and technology, and other support services, and equal treatment in land reform and resettlement schemes UnderthesaidSection,theDARistaskedtocreateaWomensDeskthat will primarily be responsible for formulating and implementing programs and activities related to the protection and promotion of women's rights and that will provide an avenue where women can register their complaints and grievances principally related to their rural activities Equal Support for Rural Women Sec. 37-A - Supportservicestobeextendedequallytowomenandmen ARBs - Support services to integrate the specific needs and well-being of women FBs - Ensure that rural women will be able to participate in all community activities Rural women are entitled to self-organization to obtain the ff.: - Equal access to economic opportunities - Access to agricultural credit and loans - Access to marketing facilities and technology - Access to the other support services - Equal treatment in land reform and resettlement DARtoestablishandmaintainaWOMENsDESK
Formulate and implement programs and activities related to the protectionandpromotionofwomensrights
Provide an avenue where women can register their complaints and grievances related to their rural activities
Section 38 Support Services for Landowners
To whom is it applicable? Landowners affected by the 1. Comprehensive Agrarian Reform Program 2. Prior agrarian reform programs
Who shall be primarily responsible in providing support services? Presidential Agrarian Reform Council (PARC)
What are the support services for landowners? 1. Investment assistance to affected landowners which shall include investment information, financial and counseling assistance
What are the support services for landowners? 2. Facilities, programs an schemes for the conversion/ exchange of bonds issued for payment of the lands acquired with stocks and bonds issued by the: -> National government -> Bangko Sentral ng Pilipinas ->other government institution
What are the support services for landowners? 3. Marketing of agrarian reform bonds and promoting the marketability of said bonds in traditional and non-traditional financial markets and stock exchanges 4. Other services designed to utilize productively the proceeds of the sale of such lands for rural industrialization A landowner who invests in rural-based industries shall be entitled to the incentives granted to a registered enterprise engaged in a pioneer or preferred area of investment or to such other incentives as the PARC, the LBC or other government financial institutions shall provide. -> At least 50% of the proceeds shall be invested in a Board of Investmentsregistered company or in any agri-business / agro-industrial enterprise where the CARP-covered landholding is located The DAR, LBP and DTI shall jointly formulate the program to carry out these provisions under the supervision of the of the PARC: provided, that in no case shallthelandownerssex, economic, religious, social, cultural and political attributes exclude them from accessing these support
services
Section 39 Land Consolidation The Department of Agrarian Reform shall carry out land consolidation projects 1. Promote equal distribution of landholdings 2. Provide the needed infrastructures in agriculture, and 3. Conserve soil fertility and prevent erosion. Has the DAR been faithful to this mandate? No L Taiwan model: farm-lands are well-laid out and the areas are identical Philippine model: lands were simply taken and distributed to farmerbeneficiaries without making any physical change in the boundaries to make it more adaptable to mechanization and irrigation.
Sources: 1.) Agrarian Law by Hernandez, Alba and Hernandez 2.) RA No. 9700 (2009). CD Asia-Online. Retrieved on July 31, 2013 from the website http://www.cdasiaonline.com/search2/show_article/30046?search=%28co mprehensive+agrarian+reform+law%29+AND+section0%3A+%28Statutes %29 3.) RA No. 6657 (1988). CD Asia-Online. Retrieved on July 31, 2013 from the website http://www.cdasiaonline.com/search2/show_article/8574?search=referenc e%3A+%286657%29+AND+section0%3A+%28Statutes%29
Agrarian Law and Social Legislation OnChapter10ofLandownersRights(Hernandezetal.) Section 40. Special Areas of Concern Section 40 of Republic Act No. 6657, otherwise known as the Comprehensive Agrarian Reform Law (CARL), deals with the special areas of concern in the operation of the Comprehensive Agrarian Reform Program (CARP). It provides that these areas of concern are integral part of the CARP and sets forth principles to be observed in dealing with matters regarding these special areas. It must be noted that the authors of the book did not provide any commentaries on Section 40. As such, so as not to render the paper as a mere codal reiteration, the writers are constrained to pose questions or opinions on the
matter.
SECTION40.SpecialAreasofConcern.Asanintegralpartofthe Comprehensive Agrarian Reform Program, the following principles in these special areas of concern shall be observed: (1)SubsistenceFishing.Smallfisherfolk,includingseaweedfarmers,shallbe assured of greater access to the utilization of water resources.
The Chart would primarily show the Factors Affecting the Aquaculture. The Social and Economic Factor are important consideration in Aquaculture undertaking. Political Instability, Weak Enforcement of Property Rights, labour unrest and regulation are the critical elements for the profitability of the Venture (Magno, 1991). The CARP would therefore have a direct relation between the Tenancy arrangement and the Farm Sizes that provides security for the said tenants. As a consequence of the deliberate efforts of the Government in developing the Aquaculture, the Agricultural Credit Policy Council and the Department of AgriculturesurveyedtheSmallFarmerandFisherFolksAccessibilityin borrowing loans (Small farmer and fisherfolk borrowing up, further at 64% in 2002, 2003). Therefore, the tenants would not need to depend on the owners for the capital because it is easier for them to borrow because of the micro finance programs that will help them to start livelihood. The financial assistance is accessible on the part.
(2)LoggingandMiningConcessions.Subjecttotherequirementofabalanced ecology and conservation of water resources, suitable areas, as determined by the Department of Environment and Natural Resources (DENR), in logging, mining and pasture areas, shall be opened up for agrarian settlements whose beneficiaries shall be required to undertake reforestation and conservation production methods. Subject to existing laws, rules and regulations, settlers and members of tribal communities shall be allowed to enjoy and exploit the products of the forest other than timber within the logging concessions.
AccordingtothearticleentitledCommunityBasedForestManagementinthe Philippines:APreliminaryAssessmentthesuccessoftheForestManagementis hinged upon the communities who exercised their rights not only to participate in forestgovernancebutalsoemployinternalculturalresourcessuchas indigenousknowledgesystemsandsocialorganizations.TheGovernments CBFM is therefore embarks on and investing in sustainable forest and forestland management and translating into the reality the benefits prosed to the communities. The Business Mirror published an Article that the 3,000 Agrarian Reform
Beneficiaries in South Cotabato, mainly the Tampakan Mine Site already received their lands. The said land is situated within the 10,000 hectare tenement of Sagittarius Mines Inc. (SMI). The Agrarian Reform Secretary Virgilio Delos Reyes confirmed that portion of mining tenements of SMI are CARP awarded lands and legally belong to the Farmer- Beneficiaries. These owners have been issued a Certificate of Land Ownership Awards (CLOAs) and have been cultivating their lands already
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(3)SparselyOccupiedPublicAgriculturalLands.Sparselyoccupiedagricultural lands of the public domain shall be surveyed, proclaimed and developed as farm settlements for qualified landless people based on an organized program to ensure their orderly and early development. Agricultural land allocations shall be made for ideal family-size farms as determined by the PARC. Pioneers and other settlers shall be treated equally in every respect. Subject to the prior rights of qualified beneficiaries, uncultivated lands of the public domain shall be made available on a lease basis to interested and qualified parties. Parties who will engage in the development of capital-intensive, traditional or pioneering crops shall be given priority. The lease period, which shall not be more than a total of fifty (50) years, shall be proportionate to the amount of investment and production goals of the lessee. A system of evaluation and audit shall be instituted.
?Agriculturallandsareland(s)devotedtoagriculturalactivityxxxandnot classifiedasmineral,forest,residential,commercialorindustrialland. ?A perusal of the first paragraph of Section 40 (3) would readily reveal that the provision is only applicable to public agricultural lands and not privately owned agriculturallandsthelatterbeingtheveryfocus,itappears,oftheCARPandis thus, not treated as a special area of concern. However, in the same paragraph, it is stated that public agricultural lands shall be developed into farm settlements forqualifiedlandlesspeople.Thequestionmaybeasked:Whoarethequalified landless people? ?The writers believe that the phrase pertains to those who are entitled to be beneficiaries of the CARP. While it may be argued that RA 6657 refers to those intended beneficiaries of the CARP as qualified beneficiaries, and that the lawmaker would have had used the term had he intended the qualified beneficiaries to also have an entitlement to sparsely occupied public agricultural lands, to hold otherwise would be more in consonance with the supposed purpose of the law, that is, to distribute agricultural lands, whether private or public, to farmers and regular farmworkers and to those who actually till the land. ?The second paragraph of this section seems to recognize the rights of the original settlers of the public land.
?The third paragraph, the writers maintain, contemplates a scenario where there is an excess of public agricultural land vis--vis the number of CARP beneficiaries. In the event that such situation occurs, the subsection provides that the lands shall be leased, not distributed, to interested parties (probably those unqualified for CARP benefits) who shall undertake the development of the land. It is also submitted that multinational corporations may not qualify as interested parties for said leasing endeavor in view of the provisions of Sec. 8. ?The purpose of this mandate, the writers surmise, is to promote the development and productivity of the land and avert idleness of such lands. (4)Idle,Abandoned,ForeclosedandSequesteredLands.Idle,abandoned, foreclosed and sequestered lands shall be planned for distribution as home lots and family-size farmlots to actual occupants. If land area permits, other landless families shall be accommodated in these lands. (5)RuralWomen.Allqualifiedwomenmembersoftheagriculturallaborforce must be guaranteed and assured equal right to ownership of the land, equal sharesofthefarmsproduce,andrepresentationinadvisoryorappropriate decision-making bodies. ?Rural women is defined as those who are engaged in directly or indirectly in farming and/or fishing as their source of livelihood, whether paid or unpaid, regular or seasonal, or in food preparation, managing the household, caring for the children, and other similar activities. (6)VeteransandRetirees.InaccordancewithSection7ofArticleXVIofthe Constitution, landless war veterans and veterans of military campaigns, their surviving spouse and orphans, retirees of the Armed Forces of the Philippines (AFP) and the Integrated National Police (INP), returnees, surrenderees, and similar beneficiaries shall be given due consideration in the disposition of agricultural lands of the public domain.
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(7)AgricultureGraduates.Graduatesofagriculturalschoolswhoarelandless shall be assisted by the government, through the DAR, in their desire to own and till agricultural lands. ?There is no jurisprudence yet about the government awarding lands to the the beneficiaries mentioned in paragraph 6 of Section 40 of Republic Act No. 6657. However, there is the existence of projects regarding housing and rehabilitation for the same which is not considered agricultural land. ?Moreover, record about the government awarding lands to landless graduates of agriculture school has not yet been recorded. ?
?The following are some of the Agricultural schools in the Philippines: PampangaAgriculturalCollege CebuTechnologicalUniversity CaviteStateUniversityIndang,Cavite CentralMindanaoUniversity CentralLuzonStateUniversityNuevaEcija NegrosStateCollegeofAgriculture TarlacCollegeofAgriculture BenguetStateUniversity UniversityofthePhilippinesLosBaos
Chapter 11: PROGRAM IMPLEMENTATION Sections 41- 49, CARL as Amended
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The Presidential Agrarian Reform Council On July 22, 1987, Executive Order 229 was executed in order to provide the mechanisms for the implementation of the Comprehensive Agrarian Reform Program. The Executive Order created The Presidential Agrarian Reform Council (PARC) as provided for by Section 18 of the said Law to coordinate the implementation of the Comprehensive Agrarian Reform Program (CARP) and to ensure the timely and effective delivery of the necessary support services. Also according to section 18, the PARC shall formulate and/or implement the policies, rules and regulations necessary to implement each component of the CARP, and may authorize any of its members to formulate rules and regulations concerning aspects of agrarian reform falling within their area of responsibility. According to section 41 of Republic Act 6657 or the Comprehensive Agrarian Reform Law of 1988, the PARC shall be composed of the President of the Philippines as Chairman, the Secretary of Agrarian Reform as Vice-Chairman and the following as its members: 1. The Secretary of the Department of Agriculture; 2. The Secretary of Environment and Natural Resources; 3. The Secretary of Budget and Management; 4. The Secretary of Interior and Local Government; 5. The Secretary of Public Works and Highways; 6. The Secretary of Trade and Industry; 7. The Secretary of Finance; 8. The Secretary of Labor and Employment; 9.DirectorGeneraloftheNationalEconomicandDevelopment
Authority; 10. President of Land Bank of The Philippines 11. Administrator, National Irrigation Administration; 12. Three (3) representatives of affected landowners to represent Luzon, Visayas and Mindanao; 13. Six (6) representatives of agrarian reform beneficiaries, two (2) each from Luzon, Visayas and Mindanao, provided that one of them shall be from the cultural communities. Section 41 of RA 6657 was amended by RA 9700 which provides for changes in the composition of PARC. In RA 9700, it included in the PARC, the Land Registration Authority Administration as member. RA 9700 also stated that of the six beneficiaries, at least one shall be from the Indigenous Peoples, and one from the duly recognized national organization of Agrarian Reform Beneficiaries with a substantial number of women members. It further states that at least 20% of the PARC shall be women but in no case shall they be two. The PARC Executive Committee According to Section 42 of RA 6657, there shall be an Executive Committee (EXCOM) of the PARC which is composed of the Secretary of Agrarian Reform as Chairman and such other members as the President may designate, taking into account Article XIII, Section 5 of the Constitution.
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Accordingtothesaidarticle,TheStateshallrecognizetherightof farmers, farmworkers, and landowners, as well as cooperatives, and other independentfarmersorganizationstoparticipateintheplanning,organization and management of the program, and shall provide support to agriculture through appropriate technology and research, and adequate financial, production,andothersupportservices.
The EXCOM drafts major policies for the approval of PARC. They also supervise, facilitates and coordinates the implementation of the CARP by drawing up the targets and implementation schedules which become the basis for the plans of the different CARP implementing agencies.
Secretariat
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Section 43 of the Comprehensive Agrarian Reform Law (CARL) provides and determines the Secretariat of the Presidential Agrarian Reform Council. AccordingtothisSection,theSecretariatisestablishedtoprovidegeneral support and coordinative services such as inter-agency linkages; program and project appraisal and evaluation and general operations monitoring for the PARC.ThissectionalsoidentifiestheSecretaryofAgrarianReformasthehead, assisted by an Undersecretary and supported by a staff, which must be determined by the PARC Executive Committee. The compensation, as provided in this section, shall be chargeable against the Agrarian Reform Fund and that, all other officers and employees of the Secretariat shall be appointed by the Secretary of Agrarian Reform (Sec. 43, Comprehensive Agrarian Reform Law) In relation to the functions stated above, the PARC Secretariat performs regular monitoring and evaluation functions to assess the performance of the differentCARPImplementingAgencies(CIAs)oftheirWorkandFinancialPlans (WFP).TwounitsofthePARCSecretariatcontributestothisadditionalfunction a) CARP Planning, Coordination and Monitoring Service (CPCMS) which monitorsandassesstheimplementationoftheCIAsplans,andb)theAgrarian Reform Fund Management Service (ARFMS) which monitors and assess how the CIAs utilize the allotments that have been provided to them from the Agrarian Reform Fund. (Navarro, C.S., Institutional Aspects of Policy Implementation and Management of the Philippine Comprehensive Agrarian Reform Program) Provincial Agrarian Reform Coordinating Committee The Provincial Agrarian Reform Coordinating Committee or PARCCOM as stated in Section 44 of the CARL is created in each province composed of one Chairman, four (4) Ex-Officio Officers which the Provincial Agrarian Reform Officer is the Executive Officer and one (1) representative each from the Department of Agriculture (DA), the Department of Energy and Natural Resouces (DENR) and the Land Bank of the Philippines (LBP) as stated in the Department of Agrarian Reform Administrative Order No. 05-89, 1989. Further, there should beeight(8)electivemembersfromexistingfarmersorganizations,agricultural cooperatives, Non-government organizations in the province, landowners, farmer, and farmworkers of beneficiaries and cultural communities. The main objectives, duties and functions of the PARCCOM (Sec. 44, R.A. 6657 as amended) are to (a) coordinate and monitor the implementation of the CARP in the province and (b) provide information regarding the provisions of the CARP, guidelines issued by the PARC and progress of CARP in the province. They also have a duty in recommending to the PARC the following (Sec. 3, RA 7905), market prices in the profit sharing of agricultural entities in the province;
adoption of the direct payment scheme between the landowner and the farmer and/or farmworker beneficiary; continuous processing of applications for lease back arrangements, which should be the last resort; joint-venture agreements and other schemes that will optimize the operating size for agricultural production and also; promote both security of tenure and income to farmer beneficiaries. They are also to perform such other functions that may be assigned to them by the PARC through the Secretary of Agrarian Reform (DAR Administrative Order No. 05-89, 1999) Province-by-Province Implementation As provided for by Section 45 of R.A. 6657, it is the duty of the PARC to provide such guidelines for the province-by-province implementation of the CARP, taking into account: Peculiarities and needs of each place, kind of crops thataresuitabletotheneeds,landdistributionworkload,beneficiaries development activities, and other factors prevalent or obtaining in the area. In all cases, the implementing agencies at the provincial level shall promote the development of identified ARCs without neglecting the needs and problems of other beneficiaries. The ten-year program of distribution of public and private land in each provinceshallbeadjustedfromyeartoyearbytheprovincesPARCCOMin accordance with the level of operations previously established by the PARC, in every case ensuring the support services are available or have been programmed before actual distribution is effected. (As amended by R.A. 7905). DAR may not validly implement the CARP independently and without the participation of the PARC/PARCCOM and even beyond the 10year periods provided the law. It generally refers to the partnerships or arrangements between the beneficiary and investors in implementing the agribusiness enterprise on agrarian reform areas. It is based from the 1987 Constitution, Art. XIII Sections 4 and 5 and Sec. 35 of R.A. 6657 as amended by R.A. 7905. There different forms of joint economic enterprise of which are the following: Joint venture, production, processing and marketing agreement, build-operate-transfer scheme, management contract, service contract, lease contract or leaseback arrangement to which it must be the last resort, combination and others. Features of JEE and its forms General features of JEE:
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Joint Economic Enterprise
1. Production, processing and marketing o agricultural products 2. Introduction, maintenance, rehabilitation or upgrading of capital assets infrastructure, facilities of services 3. Provision of expertise, technological equipment and other services that will make the lands productive. Features of Joint Venture: 1. Implement agricultural related projects and activities 2. Acquire merely usufructuary 3. JVC liable for taxes due on the improvements 4. Equity participation 5. Joint management 6. Not subject to dilution
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Features of production, processing and marketing agreement: 1. The beneficiary produce and process while the investor buys the produce 2. The investor makes available affordable technological equipment Features of build-operate-transfer scheme: 1. The investor build or rehabilitate facilities 2. The beneficiary shall receive reasonable rent for the use of land
Features of management contract: 1. ARB hires contractors to manage and operate the farm to produce high value crops or other agricultural crops for export 2. Management contractor receives a fixed compensation or commission or other forms of remuneration. Features of a service contract: 1. The beneficiary engages the services of a contractor for mechanized land preparation, seeding or harvesting 2. Use of post-harvest facilities for storage and packing and other aspects of agriculture production. May avail of loan or credit (Sec. 35, RA 6657 as amended by RA 7905) Features of lease contract: 1. The investor provides the capital and assumes the risk of loss
2. Maximum of 10 years(subject to stipulations of the parties) Under DAR Administrative Order No.2 series of 1990, it provides that the DAR Support Services Office who will review the Joint Venture (JV) contracts and shall be approved by the PAR. The JV contract must show that its purpose is to optimize the operating size for agricultural production, that the investor is the former land owner and that it will require conveyance of the use and possession of the land in favour of the investor. All other contracts without any of the elements of the differenet joine teconomic ventures shall not be required to go through the SSO-PARC review and approval process. However, they shall be witnessed by the PARO or municipal agrarian reform officer and a copy thereof furnished to the DAR regional office which in turn forward a copy to the DARSSO. *may a combination of donation coupled with lease-back and joint venture be implemented? YES, as ruled in the case of Marsman Estate Plantation Inc. The PARC approved the plan subject to the condition that separate titles be issued to each of the ARBs individually. Barangay Agrarian Reform Committee (BARC). Section 46 of R.A. 6657 as amended provides that the Executive Order No. 229 covering the organization of Barangay Agrarian Reform Committee shall be effective unless otherwise provided by the Act. The BARC is created under the Comprehensive Agrarian Reform Law wherein it shall be comprised of 11 representatives from the Land Bank, Department of Agriculture, NGOs, Department of Environment and Natural Resources, Agrarian Reform Beneficiaries (ARB) and non-ARBs. These members of the BARC shall serve without any remuneration, either salary or honorarium. Sec. 19. Barangay Agrarian Reform Council (BARC). On matters related to agrarian reform, the DAR shall convene at the barangay level, a Barangay Agrarian Reform Council. The BARC shall be operated on a self-help basis and will be composed of the following: a. Representative/s of farmers and farmworkers beneficiaries; b. Representative/s of farmer and farmworkers non-beneficiaries; c. Representative/s of agricultural cooperatives; d. Representative/s of other farmer organizations; e. Representative/s of the Barangay Council; f. Representative/s of non-government organizations (NGOs); g. Representative/s of landowners;
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The BARC is created under the Comprehensive Agrarian Reform Law wherein it shall be comprised of 11 representatives from the Land Bank, Department of Agriculture, NGOs, Department of Environment and Natural Resources, Agrarian Reform Beneficiaries (ARB) and non-ARBs. These members of the BARC shall serve without any remuneration, either salary or honorarium. Functions of the BARC
h. DA official assigned to the barangay; i. DENR official assigned to the area; j. DAR Agrarian Reform Technologist assigned to the area who shall act as the Secretary; and k. Land Bank of the Philippines representative. (EO No. 229)
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Section 47 laid out 8 functions of the BARC, which are: (a) Mediate and conciliate between parties involved in an agrarian dispute including matters related to tenurial and financial arrangements; (b) Assist in the identification of qualified beneficiaries and landowners within the barangay; (c) Attest to the accuracy of the initial parcellary mapping of the beneficiary's tillage; (d) Assist qualified beneficiaries in obtaining credit from lending institutions; (e) Assist in the initial determination of the value of the land; (f) Assist the DAR representatives in the preparation of periodic reports on the CARP implementation for submission to the DAR; (g) Coordinate the delivery of support services to beneficiaries; and (h) Perform such other functions as may be assigned by the DAR. These functions are of course in addition to those functions that are provided under Sec. 19 of EO No. 229, to wit: a. To participate and give support to the implementation of programs on agrarian reform; b. To mediate, conciliate or arbitrate agrarian conflicts and issues that are brought to it for resolution; and c. To perform such other functions that the PARC, its Executive Committee, or the DAR Secretary may delegate from time to time.
As provided by Sec. 47 of R.A. 6657 as amended, the BARC shall have 30 days to settle the agrarian dispute. The 30 days shall commence from the time the BARC takes cognizance of the issue. If the period to settle has lapsed and the BARC was unable to settle the dispute, it shall thereafter issue a certificate of its proceedings. Copies of the certificate of proceedings shall be furnished to the disputing parties within 7 days from the expiration of the 30-day
period.
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There are instances wherein the contending parties in the case desire the mediation or conciliation be conducted in the presence of a respected elder or leader in a community such as a Datu or Barangay Captain. A request by the contending parties of such presence shall be respected by the BARC and they may invite the said elder or leader to the proceedings. And for cases where there is an absence of the BARC organization in the barangay, it shall be the duty of the DAR Municipal Office (DARMO) or the DARPO to initiate the mediation or conciliation of the case in controversy. And when a settlement or lack of it arrived, the PARO shall issue the certificate of settlement or non-settlement, as the case maybe. The rules and guidelines on the BARC certification is provided for under the Department of Agrarian Reform Adjudication Board (DARAB) New Rules of Procedure of 1994, Rule III. Section 2 of said Rules of Procedure provides for the cases which do not require the BARC certification. They are as follows: a) Where the issue involves the valuation of land to determine just compensation for its acquisition; b) Where one party in a public or private corporation, partnership, association or juridical person, or a public officer or employee and the dispute relates to the performance of his official functions;
c) Where the matter at issue involves merely the administrative implementation of agrarian reform law, rule, guideline or policy; and d) Such other cases where the Secretary of Agrarian Reform may determine that the matter at issue is beyond the pale of mediation, conciliation or
Legal Assistance The BARC or any member thereof may, whenever necessary in the exercise of any of its functions hereunder, seek the legal assistance of theDARandtheprovincial,city,ormunicipalgovernment.Sec. 48, R.A. 6657 as amended Rules and Regulations ThePARCandtheDARshallhavethepowertoissuerulesand regulations, whether substantive or procedural, to carry out the objects and purposes of this Act. Said rules shall take effect ten (10) days after
publicationintwo(2)nationalnewspapersofgeneralcirculation. Sec. 49, R.A. 6657 as amended CHAPTER XII:ADMINISTRAIVE ADJUDICATION
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Section50.QuasiJudicialPowersoftheDAR.TheDARisherebyvested with primary jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive original jurisdiction over all matters involving the implementation of agrarian reform, except those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the DENR. It shall not be bound by technical rules of procedure and evidence but shall proceed to hear and decide all cases, disputes or controversies in a most expeditious manner, employing all reasonable means to ascertain the facts of every case in accordance with justice and equity and the merits of the case. Toward this end, it shall adopt a uniform rule of procedure to achieve a just, expeditious and inexpensive determination of every action or proceeding before it. It shall have the power to summon witnesses, administer oaths, take testimony, require submission of reports, compel the production of books and documents and answers to interrogatories and issue subpoena, and subpoena duces tecum and to enforce its writs through sheriffs or other duly deputized officers. It shall likewise have the power to punish direct and indirect contempts in the same manner and subject to the same penalties as provided in the Rules of Court. Responsible farmer leaders shall be allowed to represent themselves, their fellow farmers, or their organizations in any proceedings before the DAR Provided, however, That when there are two or more representatives for any individual or group, the representatives should choose only one among themselves to represent such party or group before any DAR proceedings. Notwithstanding an appeal to the Court of Appeals, the decision of the DAR shall be immediately executoryexcept a decision or a portion thereof involving solely theissueofjustcompensation.(asamendedbySection18,RA9700) Sec. 50 deals with the quasi-judicial powers of the DAR and having exclusive jurisdiction over Agrarian Disputes. Decisions of the DAR shall be immediately executory notwithstanding an appeal to the Court of Appeals, except a decision or a portion thereof involving solely the issue of just compensation:
Legal personality of ARBs or identified beneficiaries in cases before the regular courts or quasi-judicial bodies of competent jurisdiction to intervene concerning their individual or collective rights and / or interests under the CARP; NonregistrationwiththeSECofassociationsofARBsoridentified beneficiaries not a bar to the existence of said legal standing and interest; Except for the Supreme Court, no court in the Philippines shall have jurisdiction to issue any restraining order or writ of preliminary injunction against the PARC, the DAR, or any of its duly authorized representative; Nocourtorprosecutorsofficeshalltakecognizanceofcasespertainingto the implementation of the CARP except those provided under Sec. 57 of RA 6657; Automatic referral by judge or prosecutor to the DAR of cases where there are allegations from any of the parties that the dispute is agrarian in nature, and one of the parties is a farmer, framework or a tenant; DAR to certify within fifteen (15) days from referral whether or not an agrarian dispute exists; Aggrieved party shall have jurisdiction recourse, in cases referred by the MTCandprosecutorsoffice,withtheproperregionaltrialcourt,andin cases referred by the RTC, to the Court of Appeals. The DAR has an exclusive and original jurisdiction over all matters involving the implementation of agrarian reform except, those falling under the exclusive jurisdiction of the DA and the DENR; petitions for the determination of just compensations; and prosecution of criminal offenses under CARL. The DAR adjudication board (DARAB) has primary and exclusive jurisdiction, both original and appellate, to determine and adjudicate all agrarian disputes involving the implementation of agrarian laws, as well as their implementing rules and regulations.
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Distinction between the Functions of DAR from that of the Functions of DARAB/RARAD/PARAD DAR Regional Offices Functions (General) Functions (Nature) Implementation of Agrarian Reform Laws Executive DARAB/ RARAD/PARAD
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Adjudication of Agrarian Reform Cases Judicial
Executive in Nature This pertains to the enforcement and administration of the laws carrying them into practical operation and enforcing their due observance. In a way, the Regional Director is primarily tasked with the implementation of laws, policies, rules, and regulations within the responsibility of the agency, as well as the agency program in the region.
Judicial in Nature This involves the determination of rights and obligations of the parties. To aid the DARB in the exercise of this function, the DARB rules grant the Board and Adjudicators the powers to issue subpoenas and injunctions, to cite and punish for contempt, and to order the execution of its orders and decisions, among other powers. The Rules also contain very specific provisions to ensure the orderly procedure before the DARB/ RARADs and PARADs. This provisions govern the commencement of actions, venue and cause of actions, the service of pleadings, the presentation of evidence, motions, appeal, and judicial review. Notable are provisions intended to prevent multiplicity of cause of action, and the assignment of all incidents of a case to the Adjudicator to whom the case is assigned. No such powers were granted or provisions adopted when the purported delegation was made to the Regional Director or since. The DARAB rules grant broader powers to the Board and the Adjudicators and contain more detailed rules on procedure than those provided by the orders, circulars, memoranda and opinions cited by the Court of Appeals delegating jurisdiction to the Regional Director. WHAT IS THE NATURE OF DAR PROCEEDINGS? The proceedings before the Board (DARAB) and its Adjudicators (PARAD/RARAD) shall be non-litigious in nature. Subject to the essential requirements of due process, the technicalities of law and procedure and rules
governing the admissibility and sufficiency of evidence in the courts of law shall not strictly apply. The decisions of the Board or its adjudicators may be brought to the Court of Appeals in accordance with the Rules of Court. THE STRUGGLE OF DARAB AGAINST CONSTITUTIONAL INFIRMITY A. Sec. 50 of RA 6657 According to Sec. 50, the DARAB is vested with the quasi-judicial powers or primary jurisdiction to determine and adjudicate agrarian reform matters and exclusive original jurisdiction over all matters involving the implementation of agrarian reform. B. Executive Order 129-A, Sec. 5 SECTION5.PowersandFunctions.Pursuanttothemandateofthe Ministry, and in order to ensure the successful implementation of the expanded and comprehensive agrarian reform program as envisioned in this Executive Order is hereby authorized to: (a) Advise the President on the promulgation of executive/administrative orders, other regulative issuances and legislative proposals designed to strengthen agrarian reform and protect the interests of the beneficiaries thereof; (b) Implement all agrarian laws, and for this purpose, issue subpoena, subpoena duces tecum, writs of execution of its decisions, and other legal processes to ensure successful and expeditious program implementation; the decision or order of the Ministry is immediately executory even if it is appealed, unless enjoined by a restraining order or writ of preliminary injunction, as the case may be, issued by the proper appellate agency or courts; (c) Establish and promulgate operational policies, rules and regulations and priorities for agrarian reform implementation; (d) Coordinate program implementation by the Ministry of Agrarian reform, the Land Bank of the Philippines, and other relevant civilian and military government agencies mandated to support the agrarian reform program; (e) Acquire, administer, distribute, and develop private agricultural lands covered by the agrarian reform program; (f) Undertake surveys of lands covered by agrarian reform; (g) Issue emancipation patents to farmers and farm workers covered by agrarian reform for both private and public lands and, when necessary, make administrative corrections of the same; (h) Provide free legal services to agrarian reform beneficiaries and resolve agrarian conflicts and land-tenure related problems as may be provided for by law ; (i) Promote the organization and development of cooperatives and other associations of agrarian reform beneficiaries;
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(j) Conduct continuing education and promotion programs on agrarian reform for beneficiaries, landowners, government personnel, and the general public; (k) Institutionalize the participation of farmers, farm workers, other beneficiaries, and agrarian reform advocates in agrarian reform policy formulation, program implementation, and evaluation; (l) Have exclusive authority to approve or disapprove conversion of agricultural lands for residential, commercial, industrial, and other land uses as may be provided for by law; (m) Call upon any government agency, including the Armed Forces of the Philippines, and non-governmental organizations (NGOs) to extend full support and cooperation to program implementation; (n) Exercise such other powers and functions as may be provided for by law or assigned by the President, to promote efficiency and effectiveness in the delivery of public services.
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C. Executive Order 129-A, Sec 13 Sec.13.AgrarianReformAdjudicationBoard.Thereisherebycreatedan Agrarian Reform Adjudication Board under the Office of the Secretary. The Board shall be composed of the Secretary as Chairman, two (2) Undersecretaries as may be designated by the Secretary, the Assistant Secretary for Legal Affairs, and three (3) others to be appointed by the President upon the recommendation of the Secretary as members. A Secretariat shall be constituted to support the Board. The Board shall assume the powers and functions with respect to the adjudication of agrarian reform cases under Executive Order No. 229 and this Executive Order. These powers and functions may be delegated to the regional offices of the Department in accordance with rules and regulations to be promulgatedbytheBoard. Therefore, section 50 of RA 6657, and sections 5 and 13 of E.O. 129-A cannot survived the test of constitutionality. It is clear that the DARAB as presently is violative of constitutional requirement and specific provisions of law and jurisprudence, in that: TheDARAB,althoughnotacourt,performsjudicialfunctionsandnot merely quasi-judicial functions. The DAR Secretary is a litigant and judge at the same time in cases before the DARAB. The DAR Secretary who is an Executive Officer performs judicial functions.
Chapter 9-16 Agrarian Law Atty. Tanyag SY 2013-2014 The DARAB, as an adjudicating arm, is not an independent body. DARAB and AGRARIAN DISPUTES
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Agrarian Disputes Sec. 3 (d), RA 6657, refers to any controversy relating to tenurial arrangements, whether leasehold, tenancy, stewardship or otherwise, over lands devoted to agriculture, including disputes concerning farmworkers' associations or representation of persons in negotiating, fixing, maintaining, changing, or seeking to arrange terms or conditions of such tenurial arrangements. Elements: a) That the parties are the landowner and the tenant or agricultural lessee; b) That the subject matter of the relationship is an agricultural land; c) That there is consent between the parties to the relationship; d) That the purpose of the relationship is to bring about agricultural production; e) That there is personal cultivation on the part of the tenant or agricultural lessee; and f) That the harvest is shared between the landowner and the tenant or agricultural lessee. The DARAB does not extend to all disputes over agricultural lands that has no
relations with tenural arrangements, even if agricultural land is involved. A case dispute upon which the DARAB has jurisdiction. The mere fact that the land is agricultural does not ipso fact make the possessor an agricultural lessee or and the land being agricultural is only one of them.
involving an agricultural land does not automatically make such case an agrarian
tenant. The law provides for conditions or requisites before he can qualify as one
Section 50-A. Exclusive Jurisdiction on Agrarian Dispute . - No court or prosecutor's office shall take cognizance of cases pertaining to the implementation of the CARP except those provided under Section 57 of Republic Act No. 6657, as amended. If there is an allegation from any of the parties that the case is agrarian in nature and one of the parties is a farmer, farmworker, or tenant, the case shall be automatically referred by the judge or the prosecutor to the DAR which shall determine and certify within fifteen (15) days from referral whether an agrarian dispute exists: Provided, That from the determination of the DAR, an aggrieved party shall have judicial recourse. In cases referred by the municipal trial court and the prosecutor's office, the appeal shall be with the proper regional trial court, and in cases referred by the regional trial court, the appeal shall be to the Court of Appeals. In cases where regular courts or quasi-judicial bodies have competent jurisdiction, agrarian reform beneficiaries or identified beneficiaries and/or their associations shall have legal standing and interest to intervene concerning their individual or collective rights and/or interests under the CARP. The fact of non-registration of such associations with the Securities and Exchange Commission, or Cooperative Development Authority, or any concerned government agency shall not be used against them to deny the existence of their legal standing and interest in a case filed before such courts and quasi-judicial bodies. (as added by Section 19, RA 9700) Delaying the Judicial Process
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Instead of accelerating the determination of agrarian disputes, Sec. 50-A simply adds another procedural layer before a party can avail of judicial remedies except only in just compensation cases. In fact for the DAR to even decided on the issue of whether or not there is an agrarian dispute will make it a judge and party at the same time.
Sec. 51. Finality of Determination. Any case or controversy before it shall one (1) motion for reconsideration shall be allowed. Any other, ruling or
be decided within thirty (30) days after it is submitted for resolution. Only
decision shall be final after the lapse of fifteen (15) days from receipt of a copy thereof.
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Significance of Sec. 51
ItclarifiesthatthereisanappealfromthedecisionofDAR.Thewordsany order,rulingorrefertointerlocutorymatterswhichshouldonlybecomefinalwith thedecision.Thereisgenerallynoappealfromthem. Sec. 52. Frivolus Appeals. To discourage frivolous or dilatory appeals from decisions or orders on the local or provincial levels, the DAR may impose reasonable penalties, including but not limited to fines or censures upon erring parties.
Reason for Sec. 52 It is entirely inappropriate for DAR whose decision is precisely subject of appeal, todecidethattheappealisfrivolousordilatoryandonthebasis,imposewhat amounttocriminalpenalties.ThatwouldmaketheDARapartyandjudgeatthe same time, and puts a premium on the right to appeal which is supposed to recognized by CARL. Sec. 53 Certification of BARC. The DAR shall not take cognizance of any agrarian dispute or controversy unless a certification from BARC that the dispute has been submitted to it for mediation and conciliation without any success of settlement is presented: Provided, however, That if no certification is issued by the BARC within thirty (30) days after a matter or issue is submitted to it for mediation or conciliation the case or dispute may be brought before the PARC CHAPTER XIII Judicial Review
Section 54. Certiorari. Any decision, order, award or ruling of the DAR on any agrarian dispute or on any matter pertaining to the application, implementation, enforcement, or interpretation of this Act and other pertinent laws on agrarian reform may be brought to the Court of Appeals by certiorari except as otherwise provided in this Act within fifteen (15) days from the receipt of a copy thereof. The findings of fact of the DAR shall be final and conclusive if based on
substantial evidence .
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Substantial evidence - It is defined as such relevant evidence as a reasonable mind might accept as adequate to support a conclusion and its absence is not shown by stressing that there is contrary evidence on record (direct or circumstantial) (Bagsican vs. CA) - It does not necessarily import preponderant evidence as required in an ordinary civil case Implications of Sec. 54 - Substantial evidence is a very low evidentiary requirement since even if one has a preponderance of evidence, one could still end up losing his case before the DAR if the party favored by the latter has a bit or two of evidence in his favor - It could lead to whimsical and preposterous conclusions yet the DAR could hide behind a claim of substantial evidence to support its decision DAR Adjudication Board (DARAB) has no jurisdiction to review the decisions of the DAR Secretary so there are certain cases wherein prior recourse to the DARAB was not needed, as exception to the doctrine of exhaustion of administrative remedies ( Samahang Magbubukid ng Kapdula, Inc. vs. The Honorable Court of Appeals ). Appeal Procedure (decisions of Secretary of Agrarian Reform) 1. Appeal to the Office of the President 2. Petition for review to the CA (pursuant to DAR Memo Circ. No. 3, series of 1994) In cases wherein filing a motion for reconsideration with the Regional Director or appealing with the DAR Secretary would be futile, direct recourse to the Court of Appeals may be taken (Heirs of Pedro Atega vs. Garilao). The Court of Appeals has the authority to set aside the factual findings
of DARAB and reversethelattersdecision if based on irrelevant and inadequate evidence. Section 55. No Restraining Order or Preliminary Injunction . No court in the Philippines shall have jurisdiction to issue any restraining order or writ of preliminary injunction against the PARC or any of its duly authorized or designated agencies in any case, dispute or controversy arising from, necessary to, or in connection with the application, implementation, enforcement, or interpretation of this Act and other pertinent laws on agrarian reform. Legal defect - Sec.55wouldeffectivelydenytothejudiciaryjurisdictionvestedinit by the Constitution. Moreover, there could be many instances in which injury may become irremediable thereby making the issuance of a restraining order or writ of preliminary injunction indispensable lest the preoceedingbecomemoot.formerSol.Gen.andSec.ofJustice Estelito Mendoza In spite of Sec. 55, the court may issue atemporary restraining orderor an injunction against DARin meritorious cases involving: 1. Grave abuse of discretion 2. Constitutional rights violation 3. Graft and corruption (Malaga vs. Penachos) There are cases, such as in the case of DAR vs. RTC (La Carlota) and Cuenca, where courts have issued an injunction against Notices of Coverage and land valuation on the ground that a constitutional issue was raised.
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Section 56. Special Agrarian Court.TheSupremeCourtshalldesignateat least one (1) branch of the Regional Trial Court (RTC) within each province to act as a Special Agrarian Court. The Supreme Court may designate more branches to constitute such additional Special Agrarian Courts as may be necessary to cope with the number of agrarian cases in each province. In the designation, the Supreme Court shall give preference to the Regional Trial Courts which have been assigned to handle agrarian cases or whose presiding judges were former judges of the defunct
Court of Agrarian Relations.
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The Regional Trial Court (RTC) judges assigned to said courts shall exercise said special jurisdiction in addition to the regular jurisdiction of their respective courts. The Special Agrarian Courts shall have the powers and prerogatives inherent in or belonging to the Regional Trial Courts.
SEC. 57. Special Jurisdiction . - The Special Agrarian Courts shall have original and exclusive jurisdiction over all petitions for the determination of just compensation to landowners, and the prosecution of all criminal offenses under this Act. The Rules of Court shall apply to all proceedings before the Special Agrarian Courts unless modified by this Act. The Special Agrarian Courts shall decide all appropriate cases under their special jurisdiction within thirty (30) days from submission of the case for decision. Landowners may go straight to the Special Agrarian Court concerned. They do not have to go through the BARC, PARAD, RARAD or DARAB because they have no jurisdiction over just compensation cases. It is clear from Sec. 57 that the RTC, sitting as a Special Agrarian Court, hasoriginalandexclusivejurisdictionoverallpetitionsforthe determinationofjustcompensationtolandowners.Thisoriginaland exclusive jurisdiction would be undermined if the DAR would vest in administrative officials original jurisdiction in compensation cases and make the RTC an appellate court for the review of administrative decisions. (Land Bank of the Philippines vs. Court of Appeals and Marcia Ramos) Sec. 57 (Special Jurisdiction of Special Agrarian Courts as opposed to Sec. 50 (Quasi-Judicial Power of the DAR and Rule XIII, Sec. 11, of the DARAB Rules of Procedure: It is error to think that, because of Rule XIII, Sec. 11, the original and exclusive jurisdiction given to the Courts to decide petitions for determination of just compensation has thereby been transformed into an appellate jurisdiction. It only means that in accordance with settled
Once jurisdiction is vested, the same is retained up to the end of litigation. - The jurisdiction of a regular court over a prosecution for a criminal violation of RA 6657 is not lost if the other party claims to be a tenant. (Bernarte vs. CA)
principles of administrative law, primary jurisdiction is vested in the DAR as an administrative agency to determine in a preliminary manner the reasonable compensation to be paid for the lands taken under CARP, but such determination is subject to challenge in the courts (Republic vs. Court of Appeals). Procedure for determination of just compensation: E.O. No. 405, issued June 14, 1990, vested in the Land Bank the initial responsibility of determining the value of lands placed under land reform and the compensation for their taking. Thereafter, in notices sent to the landowner, the DAR makes an appropriate offer to buy the land. If the landowner rejects the offer, a summary administrative proceeding is held and afterwards the PARAD, RARAD or DARAB as the case may be, depending on the value of the land, fixes the price to be paid for the land. If the landowner does not agree to said price, he may bring the matter before the RTC acting as Special Agrarian Court. If Land Bank is not able to give a preliminary value for the land, and a case is filed with the SAC, it is not necessary to dismiss the case so Land Bank may exercise its legal mandate to give a preliminary value for the land. If the SAC had already acquired jurisdiction over the controversy, Land Bank had no basis to insist on dismissing or suspending the proceedings before said court so it could first exercise its mandate to participate in fixing the land valuation. But nothing prevents the Land Bank from participating in the judicial proceedings therein (Escao vs. Court of Appeals).
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SEC. 58. Appointment of Commissioners. -The Special Agrarian Courts, upon their own initiative or at the instance of any of the parties, may appoint one or more commissioners to examine, investigate and ascertain facts relevant to the dispute, including the valuation of properties, and to file a written report thereof with the court. SEC. 59. Orders of the Special Agrarian Courts.- No order of the Special Agrarian Courts on any issue, question, matter or incident raised before them shall be elevated to the appellate courts until the hearing shall have been terminated and the case decided on the merits. SEC. 61. Procedure on Review. - Review by the Court of Appeals or the Supreme Court, as the case may be, shall be governed by the Rules of Court. The Court of Appeals, however, may require the parties to file simultaneous
memoranda within a period of fifteen (15) days from notice, after which the case is deemed submitted for decision. SEC. 62. Preferential Attention in Courts. - All courts in the Philippines, both trial and appellate, are hereby enjoined to give preferential attention to all cases arising from or in connection with the implementation of the provisions of this Act. In Land Bank of the Philippines vs. Arlene de Leon , the Supreme Court said that a petition for review, not an ordinary appeal, is the proper procedure in effecting an appeal from such decisions of the Special Agrarian Courts in just compensation cases, because of theneedfor absolutedispatchinthedeterminationofjustcompensation. Thus the filing of a mere Notice on Appeal does not stop the running of the reglementary period, in case an ordinary appeal is erroneously filed. Just compensation means not only paying the correct amount but also paying for the land within a reasonable time from its acquisition.
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Chapter 14- Financing the Agrarian Reform Sec. 63-Funding Source
The amount needed to further implement the CARP as provided in this Act, until June 30, 2014, upon expiration of funding under Republic Act. No. 8532 and other pertinent laws, shall be funded from the Agrarian Reform Fund and other funding sources in the amount of at least One Hundred Fifty Billion Pesos (1501,000,000,000.00). Additional amounts are hereby authorized to be appropriated as and when needed to augment the Agrarian reform fund in order to fully implement the provisions of this Act durungf the five (5)- year extension period. Sourcesoffundingorappropriationsshallincludethe following: (a) Proceeds of the sales of the Privatization and Management Office (PMO); (b) All receipts from assets recovered and from sales of ill-gotten wealth recovered through the PCGG excluding the amount appropriated for compensation to victims of human rights violations under the applicable law; (c) Proceeds of the disposition and development of the properties of the Government in foreign countries, for the specific purposes of financing
production credits, infrastructure and other support services required by this Act; (d) All income and collections of whatever form and nature arising from theb agraruian reform operations, projects and programs of the DAR and other CARP implementing agencies; (e) Portion of amounts accruing to the Philippines from all sources of official foreign aid grants and concessional financing from all countries, to be used for the specific purposes of financing productions, credits, infrastructures, and other support services required by this Act; (f) Yearly appropriations of no less than five billion pesos (P5,000,000,000.00) from the General Appropriations Act;
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(g.) Gratuitous financial assistance from legitimate sources; and (h) Other governmental funds not otherwise appropriated.
All funds appropriated to implement the provisions of this Act shall be considered continuing appropriations during the period of its implementation:
A.) Provided, that if the need arises, specific ampunts for bond redemptions, interest payments and othet existing obligations arising from the implementation of the program shall be included in the annual General Appropriations Act.
B.) Provided, further, that all just compensation payments to landowners, including execution of judgments therefore, shall only be sourced frim the Agrarian Reform fund. C.) Provided, however, that just compensation payments that cannot be covered within the approved annual budget of the program shall be chargeable against the debt service program of the national government, or any unprogrammed item in the General Appropriations Act.
D.) Provided, finally, that after the completion of the land acquisition and distribution component of the CARP, the yearly appropriation shall be allocated fully support services, agrariaun justice delivery and operational requirements of the DAR and the other CARP implementing agencies. C) proceeds of the dispositions of the properties of the Government in foreign countries, for the specific purposes of financing production credits, infrastructure
and other support services required by this Act; D) all income and collections arising from the agrarian reform operations, projects and programs of CARP implementing agencies; E) portion of amounts acruing to the Philippines from all sources of official foreign aid grants and concessional financing from all countries, to be used for the specific purposes of financing production, credits, infrastructures, and support services required by this Act; On agrarian reform, the key constraints have been funding availability, as well as the lack of adequate incentives to encourage the sale of large tracts of land till under private ownership. To attain the objectives if agrarian reform, in particular the transfer of land tenure to beneficiaries, solutions to the financing issues will need to be developed and the process accelerated. (siteresources.worldbank.org) What is the Agrarian Reform Fund? Background Agrarian Reform Fund since 1972
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Created by virtue of PD No. 8572 to support financing requirement of agrarian reform provides in Presidential decree No. 27 and for other purposes, signed by then President Marcos on December 24, 1972. TheAgrarianReformFundduringCorystime
As provided under sec. 63 of the CARP law of 1988 (RA 6657) the initial amount needed to implement the law for the period of 10 years upon approval hereof, shall be funded from the agrarian reform and created under sections 20 and 21 of EO 229. Additional amounts are authorized to be appropriated when needed to augment the Agrarian Reform Fund in order to fully implement the provisions of the law. Secs. 20&21 of E.O. 229: As provided in Proclamation No. 131 dated July 22, 1987, a special fund is created, known as The Agrarian Reform Fund, an initial amount of FIFTY BILLION PESOS (P50 billion) to cover the estimated cost of the CARP from 1987 to 1992 which shall be sourced from the receipts of the sale of the assets of the Asset Privatization Trust (APT) and receipts of sale of ill-gotten wealth recovered through the Presidential Commission on Good Government and such other sources as government may deem appropriate. The amount collected and accruing to this special fund shall be considered automatically appropriated for the purpose authorized in this Order. (sec. 20 of E.O. 229) The amount of TWO BILLION SEVEN HUNDRED MILLION PESOS (P2.7 billion) is hereby appropriated to cover the supplemental requirements of the CARP for
1987, to be sourced from the receipts of the sale of ill-gotten wealth recovered through the Presidential Commission on Good Government and the proceeds from the sale of assets by the APT. The amount collected from these sources shall accrue to The Agrarian Reform Fund and shall likewise be considered automatically appropriated for the purpose authorized in this Order.(sec. 21 of E.O. 229)
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THE AGRARIAN REFORM FUND To ensure availability of funds and resources to implement and support CARP, Sec. 63 of RA 6657, as amended by RA 9700 provides the following funding and resources: The amount needed to further implement the CARP as provided in the acts, until June 30, 2014 upon expiration of funding under RA 8532 and other pertinent laws, shall be funded from the Agrarian Reform Fund and other funding sources in the amount of at least One hundred fifty billion pesos (P150,000,000,000.00). o Additional amounts are hereby authorized to be appropriated as and when needed to augment the Agrarian Reform Fund in order to fully implement the provisions of this Act during the five (5)-year extension period. o Sources of funding or appropriations shall include the following: o Proceeds of the sales of the Privatization and Management Office (PMO) o All receipts from assets recovered and from sales of ill-gotten wealth recovered through the PCGG excluding the amount appropriated for compensation to victims of human rights violations under the applicable law
o Proceeds of the disposition and development of the properties of the Government in foreign countries, for the specific purposes of financing production credits, infrastructure and other support services required by this Act;
o All income and, collections of whatever form and nature arising from the agrarian reform operations, projects and programs of the DAR and other CARP implementing agencies o Portion of amounts accruing to the Philippines from all sources of official foreign. aid grants and concessional financing from all countries, to be used for the specific purposes of financing productions, credits, infrastructures, and other support services required by this Act
o Gratuitous financial assistance from legitimate sources o o o Other government funds not otherwise appropriated.
Yearly appropriations of no less than Five billion pesos (P5,000,000,000.00) from the General Appropriations Act;
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All funds appropriated during the 5-year period shall be considered continuing appropriations during the period of its implementation.
As the need arises, specific amounts for bind redemptions, interest payments and other existing obligations arising from program implementation shall be included in the annual general appropriations.
Importance of financial support? - 18M filipinos rely on farms with less than 5hectares for livelihood. - The budgetary needs of CARP is not sufficient, so foreign aid grants are needed. - Fuding sources such as APT also has limitations, such as the speedy dispositin of assets, release of sale proceeds, all of which are waiting for approval and are all subject to lengthly legal entaglements. (Local) Section64.FinancialIntermediaryfortheCARP.TheLandBankofthe Philippines shall be the financial intermediary for the CARP, and shall insure that the social justice objectives of the CARP shall enjoy a preference among its priorities. What is the role of Land Bank in lawsuits filed in relation to the implementation of Agrarian Reform? -Land Bank is the financial arm of the CARP. It is considered as a necessary party, but not an indispensable party in court suits. As such, Land Bank has no right to appeal unless the DAR also appeals.
-Exception: According to jurisprudence, Land Bank is considered to be an indispensible party in an action for the determination of just compenstion.
G.R. No. 180557, September 26, 2008 Facts:
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Respondents filed a complaint for determination and payment of just compensation against the Department of Agrarian Reform (DAR) and Land Bank of the Philippines (LBP), which was amended on October 3, 2000, alleging that they were the owners of Lot No. 6183, an irrigated Riceland; that 26.2585 hectares of said lot were brought by DAR under the coverage of P.D. No.27 (The Comprehensive Agrarian Reform Law) and set the total value thereof at P105,572.48, excluding increments, in contravention of their right to a just compensation; and that the determination of what constitutes just compensation is inherently a judicial function which canno tand should not be left to administrative officials. An amended answer was filed by DAR alleging that the determination of just compensation by the court is not necessary because respondents and the farmer-beneficiaries had already executed a LandownerTenant Production Agreement and Farmers Undertaking (LTPA-FU) To Pay to the LBP, whereby the parties agreed on the valuation of the riceland; and that in compliance with said agreement, the farmer-beneficiaries have already paid their land amortizations with LBP, as evidenced by a Certification dated July 18, 1980 issued by Mr. Ely Pongpong, Bank Executive Officer I.A motion to dismiss was filed by LBP alleging that the case did not pass the Department of Agrarian Reform and Adjudication Board (DARAB), which has primary and exclusive original and appellate jurisdiction over the valuation of land, as well as the preliminary determination and payment of just compensation and disputes concerning the functions of LBP; that for failure to exhaust administrative remedies, the case is premature; and that respondents have no cause of action against it. The court a quo found LBP's argument on non-exhaustion of administrative remedies to be meritorious and referred the case to the DARAB/PARAD for it to conduct a summary hearing for initial valuation process. LBP then filed an answer alleging that the complaint states no cause of action because respondents already received the payment for their property in the form of cash and bonds and they executed documents evidencing payment of the property to their full satisfaction. In their position paper, respondents admitted that they have already received the amount of P64,690.19 from the valuation of P105,572.48. However, they claimed that the valuation of P4,398.00 per hectare
is unreasonable and shocking to the conscience and since they have not yet been fully paid for their property, they are still the owners thereof and can ask for an increase of the purchase price. A position paper was filed by DAR alleging that respondents accepted the valuation of P15,572.48 and executed a Deed of Assignment of Rights and Landowner's Affidavit of Warranty and Undertaking, so that they are already estopped from asking for an increase in the purchase price. LBP filed a position paper alleging that respondents are estopped from claiming an increase in the valuation on the grounds of payment and prescription, as more than twenty (20) years have lapsed from the time said valuation was made. DAR and LBP filed separate motions for reconsideration but were denied; thus, both filed petitions for review. However, DAR's petition was dismissed by the CA. LBP alleged that the subject land transfer claim had been settled and extinguished by virtue of the Deed of Assignment of Rights executed by petitioners in favor of LBP; that the said deed is the best evidence that the land transfer claim had been consummated; that since there has been no action on the part of petitioners to annul the same, they were estopped from assailing its validity; that the just compensation fixed by the trial court in the amount of P4,855,000.00 was improper since the valuation should be computed at the time of the taking of the property; that petitioners should have first availed of the administrative proceedings before the DAR which has primary jurisdiction over the case; and that it is only after the landowner had disagreed with the valuation of the DAR that he can file a case before the courts for final determination of just compensation. Petitioners claimed that their acceptance of the offered price does not estop them from questioning the valuation since the Deed of Assignment of Rights is not conclusive proof that their claim was extinguished; that the trial court did not err in fixing just compensation in theamount of P4,855,000.00 since the actual taking of the land would take effect only upon the payment of just compensation. Petitioners' motion for reconsideration was denied; hence, the instant petition for review oncertiorari. Issue:
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W/N the Land Bank can file a separate appeal than that of the DAR;
W/N the Land Bank can file an appeal when the DAR did not appeal
Chapter 9-16 Agrarian Law Atty. Tanyag SY 2013-2014 Ruling:
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There is likewise no merit in petitioners' allegation that LBP lacks locus standi since DAR's petition for review was dismissed by the Court of Appeals and said dismissal has become final and executory; that being a necessary party and not an indispensable party, LBP has no right to appeal unless the DAR appeals. LBP is an agency created primarily to provide financial support in all phases of agrarian reform pursuant to Section 74 of Republic Act (RA) No. 3844 and Section 64 of RA No. 6657. It is vested with the primary responsibility and authority in the valuation and compensation of covered landholdings to carry out the full implementation of the Agrarian Reform Program. It may agree with the DAR and the land owner as to the amount of just compensation to be paid to the latter and may also disagree with them and bring the matter to court for judicial determination. Once an expropriation proceeding for the acquisition of private agricultural lands is commenced by the DAR, the indispensable role of LBP begins, which clearly shows that there would never be a judicial determination of just compensation absent respondent LBP's participation. Logically, it follows that respondent is an indispensable party in an action for the determination of just compensation in cases arising from agrarian reform program; as such, it can file an appeal independently of DAR . CHAPTER FIFTEEN GENERAL PROVISIONS
SEC. 65. Conversion of Lands- After the lapse of five (5) years from its award, when the land ceases to be economically feasible and sound for agricultural purposes, or the locality has become urbanized and the land will have greater economic value for residential, commercial or industrial purposes, the DAR, upon application of the beneficiary or the landowner, with due notice to the affected parties, and subject to existing laws, may authorize the reclassification or conversion of the land and its disposition: Provided, That the beneficiary shall have fully paid his obligation. What is land use conversion? Generally, it is an ACT of changing the current use of a piece of land into some use of a piece of land into some other use.
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For the DAR, it refers to the CHANGE from agricultural to non-agricultural use.
From a technical perspective, it is the ACT OF AUTHORIZING the change of the current use of a piece of land into some other use.
DAR recognizes land use conversion as necessity and inevitable for countrysprogressaswellasresidential,commercialandindustrialneeds. Legal Mandates of the DAR in Land Use Conversion EXECUTIVE ORDER NO. 129-A or Reorganization Act of the Department ofAgrarianReform,Section4(k):Approveordisapprovetheconversion, restructuring or readjustment of agricultural lands into non-agricultural uses.
RA 6657, SECTION 65. Conversion of Lands .Afterthelapseoffive (5) years from its award, when the land ceases to be economically feasible and sound for agricultural purposes, or the locality has become urbanized and the land will have a greater economic value for residential, commercial or industrial purposes, the DAR, upon application of the beneficiary or the landowner, with due notice to the affected parties, and subject to existing laws, may authorize the reclassification or conversion of the land and its disposition: Provided, That the beneficiary shall have fully paid his obligation. MEMORANDUM CIRCULAR NO. 54 - PRESCRIBING THE GUIDELINES GOVERNING Sec. 20 OF RA 7160 OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991 AUTHORIZING CITIES AND MUNICIPALITIES TO RECLASSIFY AGRICULTURAL LANDS INTO NONAGRICULTURALUSESSec.4.Useofthecomprehensiveland use plans and ordinances as primary reference documents in land use conversions.PursuanttoRA6657andEO129A,actionson applications for land use conversions on individual landholdings shall remain as the responsibility of DAR, which shall utilize as its primary reference documents the comprehensive land use plans and accompanying ordinance passed upon and approved by the LGUs concerned, together with the National Land Use Policy.
HastheDOJrenderedanopiniononDARsauthoritytoapproveor disapprove conversions?
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On what agri-lands are the conversion rules applicable? DAR Administrative Order No. 01-99 SECTION 3. Applicability of Rules . TheseRulesshallapplytothe following agricultural lands: (a) Those to be converted to residential, commercial, industrial, institutional and other non-agricultural purposes; (b) Those to be devoted to another type of agricultural activity such as livestock, poultry, and fishpond the effect of which is to exempt the land from CARP coverage; (c) Those to be converted to non-agricultural use other than that previously authorized; and (d) Those reclassified to residential, commercial, industrial, or other non-agricultural uses on or after the effectivity of RA 6657 on June 15, 1988 pursuant to Section 20 of R.A. 7160 and other pertinent laws and regulations, and are to be converted to such uses. However, for those reclassified prior to June 15, 1998, the guidelines on securing exemption clearance shall apply. What areas are the new conditions imposed by the amended Sec. 65? Section 65 of Republic Act No. 6657, as amended, is hereby further amended to read as follows: "SEC. 65. Conversion of Lands. Afterthelapseof five (5) years from its award, when the land ceases to be economically feasible and sound for agricultural purposes, or the locality has become urbanized and the land will have a greater economic value for residential, commercial or industrial purposes, the DAR, upon application of the beneficiary or the landowner with respect only to his/her retained area which is tenanted, with due notice to the affected parties, and subject to existing laws, may authorize the reclassification or conversion of the land and its disposition: Provided, That if the applicant is a beneficiary under agrarian laws and the land sought to be converted is the land awarded to him/her or any portion thereof, the applicant, after the conversion is granted, shall invest at least ten percent (10%) of the proceeds coming
DOJ Opinion No. 44 states that "the authority of the DAR to approve or disapprove conversions of agricultural lands to non-agricultural uses applies only to conversions made on or after June 15, 1988, the date of effectivity of R.A. No. 6657".
from the conversion in government securities: Provided, further, That the applicant upon conversion shall fully pay the price of the land: Provided, furthermore, That irrigated and irrigable lands, shall not be subject to conversion: Provided, finally, That the National Irrigation Administration shall submit a consolidated data on the location nationwide of all irrigable lands within one (1) year from the effectivity of this Act. "Failure to implement the conversion plan within five (5) years from the approval of such conversion plan or any violation of the conditions of the conversion order due to the fault of the applicant shall cause the land to automatically be covered by CARP."
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What areas are non-negotiable for conversion? DAR Administrative Order No. 01-99, SECTION 4. Areas Non-Negotiable for Conversion The following areas shall not be subject to conversion: (a) Agricultural lands within protected areas designated under the National Integrated Protected Areas System (NIPAS), including watershed and recharged areas of acquifers, as determined by the Department of Environment and Natural Resources (DENR); (b) All irrigated lands, as delineated by the Department of Agriculture (DA) and/or the National Irrigation Administration (NIA), where water is available to support rice and other crop production, and all irrigated lands where water is not available for rice and other crop production but are within areas programmed for irrigation facility rehabilitation by the DA and/or the NIA; prcd (c) All irrigable lands already covered by irrigation projects with firm funding commitments, as delineated by DA and/or NIA; and (d) All agricultural lands with irrigation facilities operated by private organizations. Applications for conversion involving areas non-negotiable for conversion shall not be given due course, regardless of whether all or some portions thereof are within areas highly restricted from conversion or within priority development areas for conversion. What areas are highly-restricted from conversion?
DAR Administrative Order No. 01-99 Sec. 5 Areas Highly Restricted
from Conversion. The following areas shall be classified as highly restricted from conversion: (a) Irrigable lands not covered by irrigation projects with firm funding commitment; (b) Agro-industrial croplands, or lands presently planted to industrial crops that support the economic viability of existing agricultural infrastructure and agro-based enterprises; (c) Highlands or areas located in elevations of 500 meters or above and have the potential for growing semi-temperate and usually high-value crops; (d) Lands issued with notice of land valuation and acquisition, or subject of a perfected agreement between the landowner and the beneficiaries under the voluntary land transfer/direct payment scheme (VLT/DPS) under the Comprehensive Agrarian Reform Program (CARP); and (e) Environmentally critical areas (ECAs) as determined by the DENR in accordance with law. Priority Development Areas In accordance with EO 124, s. 1993 E.O. 184 s. 1994 and RA 7916 , the following are considered priority development areas for land conversion: (a) Specific sites in regional agri-industrial centers/regional industrial centers (RAICs/RICs) identified by the Department of Trade and Industry (DTI) and the DA; (b) Tourism development areas (TDAs) identified by the Department of Tourism (DOT) as indicated in the current Medium Term Philippine Development Plan; (c) Sites identified and proposed to be developed by local government units (LGUs) into socialized housing projects which are presently used for agricultural purposes; (d) Sites intended for Socialized Housing Projects under EO 184 s. 1994; (e) Agricultural areas intended for ECOZONE Projects pursuant to RA 7916. Who may apply for conversion? 1. The beneficiary 2. The landowner with respect only to his/her retained area which is tenanted.
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Legal Basis of the Local Governments to reclassify agricultural lands
Section 20. Reclassification of Lands. -
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(a) A city or municipality may, through an ordinance passed by the sanggunian after conducting public hearings for the purpose, authorize the reclassification of agricultural lands and provide for the manner of their utilization or disposition in the following cases: (1) when the land ceases to be economically feasible and sound for agricultural purposes as determined by the Department of Agriculture or (2) where the land shall have substantially greater economic value for residential, commercial, or industrial purposes, as determined by the sanggunian concerned: Provided, That such reclassification shall be limited to the following percentage of the total agricultural land area at the time of the passage of the ordinance: (1) For highly urbanized and independent component cities, fifteen percent (15%); (2) For component cities and first to the third class municipalities, ten percent (10%); and
The following agricultural lands cannot be reclassified : Those distributed to agrarian reform beneficiaries Those already issued a notice of coverage or voluntary offered for coverage under CARP Those classified as non-negotiable for conversion under AO 20. Agricultural Lands to be converted to Non-Agricultural Use : DAR Admin. Order No. 15
(3) For fourth to sixth class municipalities, five percent (5%): Provided, further, That agricultural lands distributed to agrarian reform beneficiaries pursuant to Republic Act Numbered Sixty-six hundred fifty-seven (R.A. No. 6657). otherwise known as "The Comprehensive Agrarian Reform Law", shall not be affected by the said reclassification and the conversion of such lands into other purposes shall be governed by Section 65 of said Act.
Untenanted and located within the residential, commercial, or industrial zones Untenanted but outside the residential, commercial or industrial zones, if the land is intended as a government project of a joint venture government-private sector project
The enactment of an ordinance does not necessarily mean that the agricultural land can now be converted for non-agricultural uses. Additional Requirement : The individual landholders should file an application for conversion subject to the approval of DAR .
Awarded lands given by the DAR provided the beneficiary have fully paid his obligation. These have not been applied under a.)Voluntary Offer to Sell, b.) Stock Distribution Option and c.) Voluntary Land Transfer
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Penalty for causing land to stay idle or for illegal conversion Section 11. Penalty for Agricultural Inactivity and Premature Conversion Any person or juridical entity who knowingly or deliberately causes any irrigated agricultural lands seven (7) hectares or larger, whether contiguous or not, within the protected areas for agricultural development,. As specified under Section 6 in relation to Section 9 of this Act, to lie idle and unproductive for a period exceeding one (1) year, unless due to force majeure, shall be subject to an idle land tax of Three Thousand pesos (P 3,000.00 ) per hectare per year. In addition, the violator shall be required to put back lands, to productive agricultural use. Should the continued agricultural inactivity, unless due to force majeure, exceed a period of two (2) years, the land shall be subject to escheat proceedings. Any person found guilty of premature or illegal conversion shall be penalized with imprisonment of two (2) to six (6) years, or a fine equivalent to one hundred percent (100%) of the government's investment cost, or both, at the discretion of the court, and an accessory penalty of forfeiture of the land and any improvement thereon. In addition the DAR may impose the following penalties, after determining in an administrative proceedings, that violation of this law has been committed. a. Cancellation or withdraw of the authorization for land use conversion, and b. Blacklisting, or automatic disapproval of pending and subsequent conversion applications that they may file with the DAR.
SEC. 65-A Conversion into Fishpond and Prawn Farms. - No conversion of public agricultural lands into fishponds and prawn farms shall be made except in situations where the provincial government with the concurrence of the Bureau of Fisheries and Aquatic Resources (BFAR) declares a coastal zone as suitable for fishpond development. In such case, the Department of Environment and Natural Resources (DENR) shall allow the lease and development of such areas: Provided, That the declaration shall not apply to environmentally critical projects and areas as contained in Title (A) sub-paragraph two, (B-5) and (C) and Title
(B), number eleven (11) of Proclamation No. 2146, entitled "Proclaiming Certain Areas and Types of Projects as Environmentally Critical and Within the the Scope of the Environmental Impact Statement (EIS) System Established under Presidential Decree No. 1586",to ensure the protection of river systems, aquifers and mangrove vegetations from pollution and environmental degradation: Provided, further, That the approval shall be in accordance with a set of guidelines to be drawn up and promulgated by the DAR and the BFAR: Provided, furthermore, That small-farmer cooperatives and organizations shall be given preference in the award of the Fishpond Lease Agreements (FLAs). No conversion of more than five (5) hectares of private lands to fishponds and prawn farms shall be allowed after the passage of this Act, except when the use of the land is more economically feasible and sound for fishpond and/or prawn farm, as certified by the Bureau of Fisheries and Aquatic Resources (BFAR) , and a simple and absolute majority of the regular farm workers or tenants agree to the conversion. The Department of Agrarian Reform may approve applications for change in the use of the land: Provided, finally, That no piecemeal conversion to circumvent the provisions of this Act shall be allowed. In these cases where the change of use is approved, the provisions of Section 32-A hereof on incentives shall apply. (As added by R. A. 7881)
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SEC. 65-B. Inventory. - Within one (1) year from the effectivity of this Act, the BFAR shall undertake and finish an inventory of all government and private fishponds and prawn farms and undertake a program to promote the sustainable management and utilization of prawn farms and fishponds. No lease under Section 65-A hereof may be granted until after the completion of the said inventory. The sustainable management and utilization of prawn farms and fishponds shall be in accordance with the efflue standards, pollution charges and other pollution
Declaration from the Provincial Government with the concurrence of BFAR that a coastal zone is suitable for such purpose. DENR shall allow the lease and development of such areas provided they are not environmentally critical projects Small farmer cooperatives and organizations shall be given preference in the award of Fishpond Lease Agreements (FLAs). Not more than 5 hectares of private land shall be allowed except if the land is more economically feasible for fishpond or prawn farm Approval by the DAR of the application for change in the use of land No piecemeal conversion
control measures such as, but not limited to, the quantity of fertilizers, pesticides and other chemicals used that may be established by the Fertilizer and Pesticide Authority (FPA), the Environment Management Bureau (EMB), and other appropriate government regulatory bodies, and existing regulations governing water utilization, primarily Presidential Decree No. 1067, entitled "A Decree Instituting a Water Code, Thereby Revising and Consolidating the Laws Governing the Ownership, Appropriation, Utilization, Exploitation, Development, Conservation and Protection of Water Resources." (As added by R. A. 7881) SEC. 65-C. Protection of Mangrove Areas. In existing Fishpond Lease Agreement (FlAs) and those that will be issued after the effectivity of this Act, a portion of the fishpond area fronting the sea, sufficient to protect the environment, shall be established as a buffer zone and be planted to specified mangrove species to be determined in consultation with the regional office of the DENR. The Secretary of Environment and Natural Resources shall provide the penalties for any violation of this undertaking as well as the rules for its implementation. (As added by R. A. 7881)
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SEC. 65-D. Change of Crops. -The change of crops to commercial crops or high value crops shall not be considered as a conversion in the use or nature of the land. The change in crop should, however, not prejudice the rights of tenants or leaseholders should there be any and the consent of a simple and absolute majority of the affected farm workers, if any, shall first be obtained. (As added by R. A. 7881)
SEC. 66. Exemptions from Taxes and Fees of Land Transfers. - Transactions under this Act involving a transfer of ownership, whether form natural or juridical persons, shall be exempted form taxes arising from capital gains. These transactions shall also be exempted from the payment of registration fees, and all other taxes and fees for the conveyance or transfer thereof: Provided, That all arrearages in real property taxes, without penalty or interest, shall be deductible from the compensation to which the owner may be entitled. SEC. 67. Free Registration of Patents and Titles. - All Registers of Deeds are hereby directed to register, free from payment of all fees and other charges, patents, titles and documents required for the implementation of the CARP. SEC. 68. Immunity of Government Agencies from Undue Interference. - No injunction, restraining order, prohibition or mandamus shall be issued by the lower courts against the Departments of Agrarian Reform (DAR), Department of Agriculture (DA), the Department of Environment and Natural Resources (DENR), and the Department of Justice (DOJ) in their implementation of the
Program.
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SEC. 69. Assistance of Other Government Entities.The PARC, in the exercise of its functions, is hereby authorized to call upon the assistance and support of other government agencies, bureaus and offices, including government-owned and controlled corporations.
SEC. 70. Disposition of Private Agricultural Lands. -The sale or disposition of agricultural lands retained by a landowner as a consequence of Section 6 hereof shall be valid as long as the total landholdings that shall be owned by the transferee thereof inclusive of the land to be acquired shall not exceed the landholdings ceilings provided for in this Act. Any sale or disposition of agricultural lands after the effectivity of this Act found to be contrary to the provisions hereof shall be null and void. Transferees of agricultural lands shall furnish the appropriate Register of Deeds and the BARC with an affidavit attesting that his total landholdings as a result of the said acquisition do not exceed the landholding ceiling. The Register of Deeds shall not register the transfer of any agricultural land without the submission of this sworn statement together with proof of service of a copy thereof to the BARC. SEC. 71. Bank Mortgages. - Banks and other financial institutions allowed by law to hold mortgage rights or security interests in agricultural lands to secure loans and other obligations of borrowers, may acquire title to these mortgaged properties, regardless of area, subject to existing laws on compulsory transfer of foreclosed assets and acquisition as prescribed under Section 16 of this Act. Land may be mortgaged to secure bank loans, financial credit is readily available to landholders. In reality : 1. Agrarian Reform beneficiaries find it extremely difficult to develop their lands due to lack of financial credit. 2. They have no access to formal credit institutions like the rural banks. (Banksfarmersarenonbankable.)
Section 72. Lease, Management, Grower or Service Contracts, Mortgages and Other Claims. LandscoveredbythisActunderlease,management, grower or service contracts, and the like shall be disposed of as follows: (a) Lease, management, grower or service contracts covering private lands may continue under their original terms and conditions until the expiration of the same even if such land has, in the meantime, been
transferred to qualified beneficiaries.
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Section 73. Prohibited Acts and Omissions. Thefollowingareprohibited:
(b) Mortgages and other claims registered with the Register of Deeds shall be assumed by the government up to an amount equivalent to the landowner's compensation value as provided in this Act. (a) The ownership or possession, for the purpose of circumventing the provisions of this Act, of agricultural lands in excess of the total retention limits or award ceilings by any person, natural or juridical, except those under collective ownership by farmer-beneficiaries.
(b) The forcible entry or illegal detainer by persons who are not qualified beneficiaries under this Act to avail themselves of the rights and benefits of the Agrarian Reform Program.
(c) The conversion by any landowner of his agricultural land into any nonagricultural use with intent to avoid the application of this Act to his landholdings and to dispossess his tenant farmers of the land tilled by them. (d) The willful prevention or obstruction by any person, association or entity of the implementation of the CARP.
(e) The sale, transfer, conveyance or change of the nature of lands outside of urban centers and city limits either in whole or in part after the effectivity of this Act. The date of the registration of the deed of conveyance in the Register of Deeds with respect to titled lands and the date of the issuance of the tax declaration to the transferee of the property with respect to unregistered lands, as the case may be, shall be conclusive for the purpose of this Act. (f) The sale, transfer or conveyance by a beneficiary of the right to use or any other usufructuary right over the land he acquired by virtue of being a beneficiary, in order to circumvent the provisions of this Act.
Other prohibited acts:
1. Denial of notice and/or reply to the landowners 2. Deprivation of retention rights 3. Undue or inordinate delay in the preparation of claim folders
Prompt payment is required for the taking of property in the exercise of the Statespowerofeminentdomain.Otherwise,anypersonwhoentersupon private property without authority are mere trespassers. The status of squatters cannot be elevated by issuing them titles or declaring them as beneficiaries.
4. Any undue delay, refusal or failure in the payment of just compensation 5. Undue delay or unjustified failure in the submission of required reports 6. Undue delay in the compliance with the obligation and/or falsification of the certification or attestation 7. Any culpable neglect or wilful violations of the provisions of this Act.
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Section 74. Penalties . Anypersonwhoknowinglyorwillfullyviolatesthe provisions of this Act shall be punished by imprisonment of not less than one (1) month to not more than three (3) years or a fine of not less than one thousand pesos (P1,000.00) and not more than fifteen thousand pesos (P15,000.00), or both, at the discretion of the court.
If the offender is a corporation or association, the officer responsible therefore shall be criminally liable. Since installation of tenants/lessees is an act of dominion which requires special authority from the landowner, the overseer cannot do acts which would bind the landowner without the said special authority. Republic Act 9700
Section 26. Congressional Oversight Committee . - A Congressional Oversight Committee on Agrarian Reform (COCAR) is hereby created to oversee and monitor the implementation of this Act. It shall be composed of the Chairpersons of the Committee on Agrarian Reform of both Houses of Congress, three (3) Members of the House of Representatives, and three (3) Members of the Senate of the Philippines, to be designated respectively by the Speaker of the House of Representatives and the President of the Senate of the Philippines. The Chairpersons of the Committees on Agrarian Reform of the House of Representatives and of the Senate of the Philippines shall be the Chairpersons of the COCAR. The Members shall receive no compensation; however, travelling and other necessary expenses shall be allowed. In order to carry out the objectives of this Act, the COCAR shall be
provided with the necessary appropriations for its operation. An initial amount of Twenty-five million pesos (P25,000,000.00) is hereby appropriated for the COCAR for the first year of its operation and the same amount shall be appropriated every year thereafter. The term of the COCAR shall end six (6) months after the expiration of the extended period of five (5) years.
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Section 27. Powers and Functions of the COCAR . - The COCAR shall have the following powers and functions:
(a) Prescribe and adopt guidelines which shall govern its work; (b) Hold hearings and consultations, receive testimonies and reports pertinent to its specified concerns; (c) Secure from any department, bureau, office or instrumentality of the government such assistance as may be needed, including technical information, preparation and production of reports and submission of recommendations or plans as it may require, particularly a yearly report of the record or performance of each agrarian reform beneficiary as provided under Section 22 of Republic Act No. 6657, as amended; (d) Secure from the DAR or the LBP information on the amount of just compensation determined to be paid or which has been paid to any landowner; (e) Secure from the DAR or the LBP quarterly reports on the disbursement of funds for the agrarian reform program; (f) Oversee and monitor, in such a manner as it may deem necessary, the actual implementation of the program and projects by the DAR; (g) Summon by subpoena any public or private citizen to testify before it, or require by subpoena duces tecum to produce before it such records, reports, or other documents as may be necessary in the performance of its functions; (h) Engage the services of resource persons from the public and private sectors as well as civil society including the various agrarian reform groups or organizations in the different regions of the country as may be needed; (i) Approve the budget for the work of the Committee and all disbursements therefrom, including compensation of all personnel; (j) Organize its staff and hire and appoint such employees and personnel whether temporary, contractual or on constancy subject to applicable rules; and
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Section 28. Periodic Reports. - The COCAR shall submit to the Speaker of the House of Representatives and to the President of the Senate of the Philippines periodic reports on its findings and recommendations on actions to be undertaken by both Houses of Congress, the DAR, and the PARC. Section 29. Access to Information . - Notwithstanding the provisions of Republic Act No. 1405 and other pertinent laws, information on the amount of just compensation paid to any landowner under Republic Act No. 6657, as amended, and other agrarian reform laws shall be deemed public information.
(k) Exercise all the powers necessary and incidental to attain the purposes for which it is created.
Section 30. Resolution of Case . - Any case and/or proceeding involving the implementation of the provisions of Republic Act No. 6657, as amended, which may remain pending on June 30, 2014 shall be allowed to proceed to its finality and be executed even beyond such date.
Section 31. Implementing Rules and Regulations. - The PARC and the DAR shall provide the necessary implementing rules and regulations within thirty (30) days upon the approval of this Act. Such rules and regulations shall take effect on July 1, 2009 and it shall be published in at least two (2) newspapers of general circulation. Chapter 16 ViolationofLandownersConstitutionalRights What are the commonly violated constitutional and statutory rights of landowners? I.
The right to due process and the right to information (Section 1, Article 3 CONST)
a. To participate in the identification of his land which will be covered under agrarian reform b. To take part in the determination of whether the beneficiaries who are to receive his land are qualified to be grantees c. To receive promptly the notices corresponding the various stages of agrarian reform d. To be notified before cancellation of his title and issuance of CLOAs Roxas & Co., Inc. vs. Court of Appeals 378 Phil. 727 (1999)
Notice requirements are designed to comply with the requirements of administrative due process. The requirement for valid implementation of CAR program 1. Notice of Coverage and letter of invitation to preliminary conference sent to the landowner, the representatives of the BARC, LBP, farmer beneficiaries and other interested parties (DAR A.O. No. 12, Series 1989) 2. Notice of Acquisition sent to the landowner (Section 16 RA No. 6657) Development Bank of the Philippines vs. Court of Appeal 262 SCRA 245, 253 (1996) The exercise of the power of eminent domain requires that due process be observed in the taking of private property.
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The notice requirement under CARL are not confined to the Notice of Acquisition. They also include the Notice of Coverage which does not only notify the landowner that his property shall be placed under CARP and the he is entitled to exercise his retention right; it also notifies him pursuant to DAR AO No. 9, S. 1990, that a public hearing shall be conducted where he and representatives of the concerned sectors of society may attend to discuss the results of the field investigation, the land valuation and other pertinent matters.
Roxas Case The results of the survey and the land valuation summary report do not indicate whether notices to attend the same were actually sent to and received by the petitioner or its duly authorized representative. Notice to the landowner, however cannot be dispensed with. It is part of administrative due process and is an essential requisite to enable the landowner himself to exercise, at the very least his right of retention guaranteed under the CARL.
Notice of Publication is an alternative mode of notifying the landowner of the placement of his land under CARP coverage after using the preferred modes have failed. Steps Responsible Agency/ Activity Forms/ Unit Documents
Chapter 9-16 Agrarian Law Atty. Tanyag SY 2013-2014 DARMO Conduct preliminary ocular inspection to determine initially whether or not the property may be covered under the CARP If property is coverable under CARP: -Sends LO the Notice of Coverage and Field Investigation together with a copy of the Preliminary OCI Report : -by personal delivery with proof of service or -by registered mail with return card Invites the LO to join the field investigation, to select his retention area and to submit his Statement of Production and Income. If the Landowners cannot be contacted or refuses to accept the Notice -Notice shall be effected by publication in a newspaper of national circulation
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(Requirements) CARP Form No. 3.a (Preliminary OCI Report)
DARMO
CARP Form No. 5 (R98) (Notice of Coverage and Field Investigation)
II.
The landowner may know the coverage of his land under agrarian reform, exercise the Constitutionally-guaranteed retention right attend the public hearing to discuss the other pertinent matters.
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The guarantee that private property may be expropriated only for public use (Section 9, Art. 3 CONST)
The State power of eminent domain must comply with the requirement of public use. The public use for the taking of private property in relation to the governmentsagrarianreformprogramisdefinedinSec.4Art.13 CONST. which reserves the right to own the lands they till to farmers (agricultural lessees) and regular farm workers; and the right to just share of fruits of the land to seasonal and other farm workers.
UnderSec.4ofAgrarianandNaturalResourcesReformTheState shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farm workers, who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. The Constitutional Commission deliberations show the public use in agrarian reform refers to the giving of the right to own the lands they till to the landless tillers of the soil, and to the seasonal and other farm workers the right to a just share of the fruits of the land. a. Association of Small Landowners Inc. vs. Sec. of Agrarian Reform (G.R No. 78742, July 14, 1989
b. Commissioner Tadeo differentiated farmers and regular farmworkers from seasonal and other workers:
Declares that the public use for agrarian reform defined in the Constitution is binding, and the purposes specified in legislative enactments merely elaborate such public purpose.
He declared that farmworkers of the hacienda are not included in thetermfarmworkersuponwhomtherighttoownlandis conferred.
Sasalitangfarmworkers,hindikasamaritoanghired laborer, ang seasonal laborer at mga sakada. Ano ang ibig
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Farmers and regular farmworkers have the right to own the land they till. Seasonal and other workers have the right to just share of the fruits of the land. Mr. Rodrigo inquired,xxxinsteadofhiringregularfarm workers, I hire planters during the planting season. Then I hire harvesters during the harvest season and I hire another group of threshers. These are not regular farm workersarethey? BishopBacanireplied, they do not fall under the term regularfarmworkers. Mr. Rodrigo asked,Yes,inthesensegivenhere. XXXX
c. Commisioner Nieva, Rodrigo and Bacani dicussed the difference between the right of farmers and regular farm workers versus the right of seasonal and other workers was clarified:
sabihin ng farm workers? Ito ay mga regular farmworkers. Mas mahalaga ang kanyang tungkulin sa produksyon kung ihahambingsahiredlaborer.
d. Fr. Joaquin Bernas, S.J, eminent constitutionalist, gives observation in his 2 books. Regular farmworkers refers to year round workers in somebody elsesfarm. Seasonal farmworkers refers to other farmworkers. Ex. Planters, harvesters, threshers. e. To carry out the constitutional mandate giving the right to own the land to landless tillers of the soil, RA No. 8857 Sec. 3 elaborated on the definitions. Farmers refers to natural persons whose primary livelihood is
Bishop Bacani elaborated,thatcasewillthenhavetofall under the following clause :inthecaseofother farmworkers, to receive a just share of the fruits thereof.
cultivation of land or the production of agricultural crops, either by himself, or primary with the assistance of his immediate farm household, whether the land is owned by him or by another person under leasehold or share tenancy agreement or arrangement with the owner thereof.
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Farmworker is a natural person who renders service for value as an employee or laborer in an agricultural enterprises or farm regardless of whether his compensation is paid on a daily, weekly, monthlyorpakyawbasis.Thetermincludesanindividualwhose work has ceased as a consequence of, or in connection with a pending agrarian dispute and who has not obtained a substantially equivalent and regular farm employee. Regular farmworker is a natural person who is employed on a permanent basis by an agrarian enterprise or farm.
Seasonal farmworkers is a natural person who is employed on a recurrent, periodic or intermittent basis by an agricultural enterprise or farm, whether as a permanent or a non-permanent laborer, such asdumaan,sacadaandthelike. Other farmworkers is a farmworker who does not fall under those mentioned.
III.
The guarantee of freedom of contract, non-impairment clause and freedom from involuntary servitude. Landowners and their employees are guaranteed certain rights by virtue of the constitution such as the freedom of contract, nonimpairment of contracts and freedom from involuntary servitude. The freedom of contract implies the right to choose with whom to contract. First, the landowner and his employees have the right to have their collective bargaining agreement respected, prior to any taking. Lease contracts between the landowner and the lessee entered into before R.A. No. 6657 took effect should be respected consistent with the nonimpairment clause. The landowner by virtue of the constitution has the right to reject the compensation offered by the government when the public use or purpose for the taking, as required by the exercise of the power of
eminent domain, does not exist and/or the value offered is too low and not commensurate to the market value. This includes the right of the landowner not to be forced to part with his land until there has been full payment of the just compensation, judicially determined, with proper observance of due process. In accordance with the labor laws, the landowner has the right not be forced to terminate the services of the employees. The employees have the right to refuse the offer of DAR to forcibly take the land from the landowner and distribute it amongst themselves. Employees cannot be forced to sever existing contractual relations when they find it more beneficial and stable to maintain the status quo. The obligations that will be imposed on them for the payment of the land might be too much of a burden for them.
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Considering the possibility of this lack of interest to assume such obligations, the constitutional commission accordingly provided for the right to refuse. Specially where the landowner and farm workers have an employer employee relationship as may be evidenced by the receiving of salaries instead of sharing of harvests; and, where the landowner pay contribution on behalf of the employees for their SSS, Phil health insurance, social amelioration benefits and other benefits and bonuses based on their CBAs or laws. It is well realized that the farm workers who are employees of the landowner might refuse to avail of the privilege due to the fear of disruption of their income stability and benefits they might be receiving.
There is also the danger of the DAR going through the redistribution excluding the said workers and thus giving the land to unqualified third parties as punishment to the former. This would result in a worsening of the condition of the workers as well as their displacement. Any attempt to force said workers to avail of the privilege available, would result in involuntary servitude and violation of the employees right to continue their employment; acceptance of the land violates their CBA. The issuance of the DAR of EPs / CLOAs to outsiders constitutes undue and illegeal interference in the landowner and employees or lessee or workers contractual rights and relations in violation of the principle of inviolability of contracts. Granting land to outsiders violates the employment contracts of the employees.
Another constitutional rights that were usually violated are the right to full payment of Just Compensation before title of the landowner to the Expropriator is transferred.
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The 1987 Constitution guarantees that the right of every landowner is being protected when the government is expropriating his land. Section 9ofArticleIIIofthe1987ConstitutionstatesthatPrivateproperty shallnotbetakenforpublicusewithoutjustcompensation,thatthe takingofprivatepropertyintheStatesexerciseofthepowerto eminent domain must comply with the requirement of public use and payment of just compensation. The law requires FULL payment before such title be transferred. The mere act of paying by means of initial deposit or partial payment of the value of the land expropriated is not considered as full payment of just compensation. In order for initial deposit would have the effect of full payment if it completely extinguishes the obligation but not before; meaning that, prior to a judicial determination of the correct amount of just compensation for the property, preliminary determination of compensation by the administrative agency cannot be considered as fullpayment.
Another right that was violated is the one RA6657, which recognizes laboradministrationasoneofthealternativemodesofagrarian reform. Labor Administration means cases where farm workers are employed wholly in the agricultural production. Section4ofArticleXIIIofthe1987ConstitutionstatesthattheState shall by law, undertake an agrarian reform program founded on the right of farmers and regular farmworkers, whoa are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of fruits thereof. It means that under the agrarian reform program the equitable distribution of the eland is a right given to landless farmers and regular farmworkers to own the land they till, while the others or seasonal farmworkers are only entitled to a just share of the fruits of the land. Landowners who do not have tenants but operates their farms or plantation through hiring employees are entitled to claim compliance with the agrarian laws thru the Labor Administration mode and this right is recognized by our constitution and RA 6657. Hence, only regular farmworkers and landless farmers are entitled to the lands they till, while the other farmworkers such as those seasonal farmworkers are entitled to a just share of the fruits of such lands.
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1. Is Unreasonable delay a reckless disregard of Right? Administrative and/ or inaction for a number of years on valid protest while proceeding in the taking and distribution of lands allows Landowners to seek direct recourse with the regular courts, As Supreme Court explained in
Under the provisions of Section 53, the proceedings to be initiated by the DAR upon the petition by one third of those who were qualified to become beneficiaries, was to be instituted with the then Court of Agrarian Relations. As to its rules of procedure, if the CAR was trying agrarian cases, the rules of a quasi judicial bodies applies, and the court would not be bound by technical rules of procedure. However, if CAR is trying expropriation cases, the Rules of Court will govern, meaning that it functions as a regular court in expropriation cases, By its unilateral identification of the beneficiaries, cancellation of Plaintiff corporationstitle,andissuanceofCLOAstobeneficiaries,theDARis performing judicial functions, thereby depriving the Courts of their jurisdiction. The issuance of CLOAs would be illegal if: 1. No notice to landowners that their titles would be cancelled, or is requiredtoproducetheirownersduplicatesoftitle 2. CLOAS issued without owners participating in the identification of the land 3. Issuedtobeneficiarieswithoutallowingownerstoparticipateinthe determinationoftheawardeesqualificationtobebeneficiaries. 4. DARAB cannot exercise the power of adjudicating expropriation cases 5. DARABsselectionofawardeeswithoutallowingthelandownerany meaningful participation in the identification of farmer-beneficiaries for land to be taken and distributing the same beneficiaries.
Another violation of landowners right is when the separation of powers was violated. The exercise of the power of eminent domain is a judicial process, consisting of two stages as explained by the Supreme Court in the case of Municipality of Binan vs Hon. Mar Garcia. The two stages are 1) with the determination of the authority of the plaintiff to exercise the power of eminent domain and 2)the propriety of its exercise in the context of the facts involved in the suit. In expropriation, it is the court who determines the just compensation for the property sought to be taken. Section 53 of RA 3844 provides that the expropriation for the agrarian reform of private agricultural land is a judicial process. It may be instituted
Republic of the Philippines vs. Sandiganbayan (G.R. nos. 112708-09, 29 March 1996) Officialinactionorunreasonabledelay,asheretoforeintimidated,isone of the exceptions to the rule on non-exhaustion of administrative remedies. Hence, under the circumstance petitioner may not be faulted for seekingreliefdirectlyfromthecourts. Pimentel vs. Aguirre (G.R. No. 132988, 19 July 2000) Landowner have every right to complain about violations of their Constitutional and Legal Rights
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2. Do Courts have Jurisdiction where Constitutional Rights have violated? An action for violation of constitutional right is clearly within the jurisdiction of the regular courts, as second paragraph of Section 1, Article VIII of the Constitution declares: Judicialpowerincludesthe DUTY of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of ANY branch or instrumentality of the Government. In Tatad vs. Secretary of the Department of Energy 281 SCRA 330, 5 November 1997 Judicial power includes not only the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, but also the duty to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of ANY branch or instrumentality of the Government. The courts, as, GURADIANS OF THE CONSTITUTION, have the inherent authority to determine whether a statute enacted by the legislature transcends the limit imposed by the fundamental law. Where the statute violates the Constitution, it is not only the right
Yabut vs. Office of the Ombudsman(G.R. NO. 111304 17 June 1994) A public Official xxx should not be onion skinned. Strict personal discipline is expected of an occupant of public office because public official is a property of the public. Xxx Always he is expected to act and serve with the highest degree of responsibility, integrity, loyalty and efficiency and shall remain accountable for his conduct to the people.
but the Duty of the judiciary to declare such act UNCONSTITUTIONAL AND VOID. Even Sections 50, 55, and 58 of RA 6657, and the DARAB 2003 Rules could not prevail against the Constitution, because, where the case involves questions of the Constitutional delineations and bounds of the authority of a government branch or instrumentality. Example, where the question is whether the agency has overstepped its authority, thereby committing grave abuse of discretion tantamount to lack of jurisdiction Only the judiciary may resolve such matters, in line with its duty to uphold the supremacy of the Constitution. In Malaga vs. PenachosG.R. No. 86695, 3 September 1992 Interpretedasimilarlywordedprohibitionagainsttheissuanceof temporary restraining orders and preliminary injunctions contained in PD 1818, saying that it proscribed only judicial encroachment into matters plainly within the jurisdiction of administrative agencies (such as controversies involving facts or the exercise of administrative discretion in technical cases), but emphasized that the prohibition against TROs and injunctions did not cover matters involving irregularities committed by administrative agencies, which are plainly cognizable by the courts. Article 27 of the New Civil Code Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against the latter, without prejudice to any disciplinary administrative action that may be taken. Article XI, Section 1. Public Office s a Public trust.Public officers and employees must at all times be accountable to people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives. As embodied in the Civil Code a public Official may be made to pay damages for performing a perfectly legal act, albeit with bad faith or in violation of the abuse of right doctrine. 3. May a landowner whose land was confiscated, that is to say, his land was taken and distributed without due process or without notice, hearing, nor payment of just compensation go to Court? Yes, where his constitutional rights have been violated such as landowner has the right to invoke his constitutional rights. It is essential however that such violation should initially be complained to the DAR and if the DAR denies such invocation, then he should go to court and, should the court refuse to accept jurisdiction, then the necessary petition on certiorari may be brought to the appellate court.
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4. Why must Court assume jurisdiction when constitutional rights are violated or abuses committed in implementing Agrarian Laws? Did the pronouncement of the Supreme Court in DAR vs. Cuenca enable DAR to be the sole judge of its own abuses? Under Sec. 50-A, if the case is agrarian, the RTC will automatically refer the same to the DAR but from the determination of the DAR, the party may go to the Court of Appeals. When the complaint involves grave abuse of authority by the DAR, such as: lack of notice to the landowner, installing unqualified beneficiaries, deprivations of the retention rights of the landowner, distribution of the land without any deposit or determination of just compensation after several years, Courts cannot be prevented from intervening to inquire whether the constitutional requirements protecting property owners have been respected on the mere allegation that the DAR has the exclusive jurisdiction under Sec. 50 In Pimentel vs. AguirreGR no, 132988, 19 July 2000 The Supreme Court declared that even a singular violation of the Constitutionand/orthelawissufficienttosetinmotionthejudiciarys exercise of its Constitutionally-mandated duty, as follows: In seeking to nullify an act of the Philippine Senate on the ground that it contravenes the Constitution, the petition no doubt raises a justiciable controversy. Where an action of the legislative branch is seriously alleged to have infringed the Constitution, it becomes not only the right but in fact the duty of the judiciary to settle this dispute. Once a controversy as to application or interpretation of constitutionalprovisionisraisedbeforethisCourtitbecomesalegal issue which the Court is bound by constitutional mandate to decide. Republic of the Philippines vs. Vicente G. Lim GR no. 161656, 29 June 2005 The Supreme Court reiterated its NOBLE and TIMELESS declaration that a person invoking a right guaranteed under the Bill of Rights becomes a MAJORITY OF ONE even as against the rest of nation
Under Sec. 50-A, if the case is agrarian, the RTC will automatically refer the same to the DAR and from the determination of the DAR the party may go to the Court of Appeals. (R.A. 6657 as amended by RA 9700)
who would deny him that right, as follows: It must be emphasized that an individual cannot be deprived of his property for the public convenience. One of the basic principles of the democratic system is that where the rights of the individual are concerned, the end does not justify the means. There is no question the not even the strongest moral conviction or the most urgent public need, subject only to a few notable exceptions, will excusethebypassingofanindividualsrights.
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CHAPTER 9 : SUPPORT SERVICES

Chapter 9-16 Agrarian Law Atty. Tanyag SY 2013-2014

13 Support Services (in Sec.35) 1) Irrigation facilities

11) Effective information dissemination system to promote marketing & minimize

spoilage of produce through the DA

Chapter 9-16 Agrarian Law Atty. Tanyag SY 2013-2014

12) Credit guarantee fund for landowners

Chapter 9-16 Agrarian Law Atty. Tanyag SY 2013-2014

A.) Support Services under Section 37 of RA 6657, as amended by RA 9700

Chapter 9-16 Agrarian Law Atty. Tanyag SY 2013-2014

Paragraph 1(b): Socialized terms on agricultural credit facilities

Chapter 9-16 Agrarian Law Atty. Tanyag SY 2013-2014

Formulate and implement programs and activities related to the protectionandpromotionofwomensrights

Section 38 Support Services for Landowners

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Chapter 9-16 Agrarian Law Atty. Tanyag SY 2013-2014

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Joint Economic Enterprise

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publicationintwo(2)nationalnewspapersofgeneralcirculation. Sec. 49, R.A. 6657 as amended CHAPTER XII:ADMINISTRAIVE ADJUDICATION

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Adjudication of Agrarian Reform Cases Judicial

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Court of Agrarian Relations.

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Chapter 14- Financing the Agrarian Reform Sec. 63-Funding Source

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G.R. No. 180557, September 26, 2008 Facts:

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Chapter 9-16 Agrarian Law Atty. Tanyag SY 2013-2014 Ruling:

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HastheDOJrenderedanopiniononDARsauthoritytoapproveor disapprove conversions?

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DAR Administrative Order No. 01-99 Sec. 5 Areas Highly Restricted

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Legal Basis of the Local Governments to reclassify agricultural lands

Section 20. Reclassification of Lands. -

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