Beruflich Dokumente
Kultur Dokumente
Social Justice
1.1As described by Justice Jose P. Laurel in C alalang v. W illiams G.R. No. 47800
December 2, 1940
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humanization of laws and the equalization of social and economic forces by the State so that
justice in its rational and objectively secular conception may at least be approximated. Social
justice means the promotion of the welfare of all the people, the adoption by the Government of
measures calculated to insure economic stability of all the competent elements of society,
through the maintenance of a proper economic and social equilibrium in the interrelations of the
members of the community, constitutionally, through the adoption of measures legally
justifiable, or extra-constitutionally, through the exercise of powers underlying the existence of
all governments on the time-honored principle of salus populi est suprema lex. Social justice,
therefore, must be founded on the recognition of the necessity of interdependence among divers
and diverse units of a society and of the protection that should be equally and evenly extended to
all groups as a combined force in our social and economic life, consistent with the fundamental
and paramount objective of the state of promoting the health, comfort, and quiet of all persons,
and of bringing DERXWWKHJUHDWHVWJRRGWRWKHJUHDWHVWQXPEHU
1.2 As cited by Justice Regalado in the case of Philippine A irlines,Inc vs. Santos Jr.
Under the policy of social justice, the law bends over backward to accommodate the
interests of the working class on the humane justification that those with less privileges in
life should have more privileges in law
1.3 As explained by Justice Isagani Cruz, Sosito vs. Aguinaldo Development Corp. 156 SC R A 392
While the Constitution is committed to the policy of social justice and the protection of the
working class, it should not be supposed that every labor dispute will be automatically
decided in favor of labor. Management also has its own rights which, as such, are entitled to
respect and enforcement in the interest of simple fair play. Out of its concern for those with
less privileges in life, this Court has inclined more often than not toward the worker and
upheld his cause in his conflicts with the employer. Such favoritism, however, has not
blinded us to the rule that justice is in every case for the deserving, to be dispensed in the
light of the established facts and the applicable law and doctrine.
4. A rticle X I I I, Section 4: The State shall, by law, undertake an agrarian reform program
founded on the rights of farmers and regular farmworkers, 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. To this end, the State shall encourage and undertake the
just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental,
or equity considerations, and subject to the payment of just compensation. In
determining retention limits, the State shall respect the right of small landowners. The
State shall further provide incentives for voluntary land-sharing.
5. A rticle X I I I, Section 5: The State shall recognize the rights of farmers, farmworkers,
and landowners, as well as cooperatives, and other independent farmers' organizations to
participate in the planning, organization, and management of the program, and shall
provide support to agriculture through appropriate technology and research, and adequate
financial, production, marketing, and other support services.
6. A rticle X I I I, Section 6: The State shall apply the principles of agrarian reform or
stewardship, whenever applicable in accordance with law, in the disposition or utilization
of other natural resources, including lands of the public domain under lease or concession
suitable to agriculture, subject to prior rights, homestead rights of small settlers, and the
rights of indigenous communities to their ancestral lands.
The State may resettle landless farmers and farmworkers in its own agriculture estates
which shall be distributed to them in the manner provided by law.
7. A rticle X I I I, Section 8: The State shall provide incentives to landowners to invest the
proceeds of the agrarian reform program to promote industrialization, employment creating, and privatization of public sector enterprises. Financial instruments used as payment
for their lands shall be honored as equity in enterprises of their choice.
B. Declaration of Principles and Policies [Section 2]
It is the policy of the State to pursue a Comprehensive Agrarian Reform Program
(CARP). The welfare of the landless farmers and farmworkers will receive the highest
consideration to promote social justice and to move the nation toward sound rural
development and industrialization, and the establishment of owner cultivatorship of
economic-size farms as the basis of Philippine agriculture.
The State shall promote industrialization and full employment based on sound
agricultural development and agrarian reform, through industries that make full and efficient
use of human and natural resources, and which are competitive in both domestic and foreign
markets: Provided, That the conversion of agricultural lands into industrial, commercial or
residential lands shall take into account, tillers' rights and national food security. Further, the
State shall protect Filipino enterprises against unfair foreign competition and trade practices.
The State recognizes that there is not enough agricultural land to be divided and
distributed to each farmer and regular farmworker so that each one can own his/her
economic-size family farm. This being the case, a meaningful agrarian reform program to
uplift the lives and economic status of the farmer and his/her children can only be achieved
through simultaneous industrialization aimed at developing a self-reliant and independent
national economy effectively controlled by Filipinos.
To this end, the State may, in the interest of national welfare or defense, establish and
operate vital industries.
A more equitable distribution and ownership of land, with due regard to the rights of
landowners to just compensation, retention rights under Section 6 of Republic Act No. 6657,
as amended, and to the ecological needs of the nation, shall be undertaken to provide farmers
and farmworkers with the opportunity to enhance their dignity and improve the quality of
their lives through greater productivity of agricultural lands.
The agrarian reform program is founded on the right of farmers and regular farmworkers,
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. To this end, the State shall
encourage and undertake the just distribution of all agricultural lands, subject to the priorities
and retention limits set forth in this Act, taking into account ecological, developmental, and
equity considerations, and subject to the payment of just compensation. The State shall
respect the right of small landowners, and shall provide incentive for voluntary land-sharing.
As much as practicable, the implementation of the program shall be community-based to
assure, among others, that the farmers shall have greater control of farmgate prices, and
easier access to credit.
The State shall recognize the right of farmers, farmworkers and landowners, as well as
cooperatives and other independent farmers' organizations, to participate in the planning,
organization, and management of the program, and shall provide support to agriculture
through appropriate technology and research, and adequate financial, production, marketing
and other support services.
The State shall recognize and enforce, consistent with existing laws, the rights of rural
women to own and control land, taking into consideration the substantive equality between
men and women as qualified beneficiaries, to receive a just share of the fruits thereof, and to
be represented in advisory or appropriate decision-making bodies. These rights shall be
independent of their male relatives and of their civil status.
The State shall apply the principles of agrarian reform, or stewardship, whenever
applicable, in accordance with law, in the disposition or utilization of other natural resources,
including lands of the public domain, under lease or concession, suitable to agriculture,
subject to prior rights, homestead rights of small settlers and the rights of indigenous
communities to their ancestral lands.
The State may resettle landless farmers and farm workers in its own agricultural estates,
which shall be distributed to them in the manner provided by law.
By means of appropriate incentives, the State shall encourage the formation and
maintenance of economic-size family farms to be constituted by individual beneficiaries and
small landowners.
The State shall protect the rights of subsistence fishermen, especially of local
communities, to the preferential use of communal marine and fishing resources, both inland
and offshore. It shall provide support to such fishermen through appropriate technology and
research, adequate financial, production and marketing assistance and other services. The
State shall also protect, develop and conserve such resources. The protection shall extend to
offshore fishing grounds of subsistence fishermen against foreign intrusion. Fishworkers
shall receive a just share from their labor in the utilization of marine and fishing resources.
The State shall be guided by the principles that land has a social function and land
ownership has a social responsibility. Owners of agricultural land have the obligation to
cultivate directly or through labor administration the lands they own and thereby make the
land productive.
The State shall provide incentives to landowners to invest the proceeds of the agrarian
reform program to promote industrialization, employment and privatization of public sector
enterprises. Financial instruments used as payment for lands shall contain features that shall
enhance negotiability and acceptability in the marketplace.
The State may lease undeveloped lands of the public domain to qualified entities for the
development of capital-intensive farms, and traditional and pioneering crops especially those
for exports subject to the prior rights of the beneficiaries under this Act.
Land Reform is the physical redistribution of land such as the program under
Presidential Decree No. 27. Agrarian reform means the redistribution of lands
including the totality of factors and support services designed to lift the economic
status of the beneficiaries. Thus, agrarian reform is broader than land reform.
D. R A 6657 is Constitutional
In the case of Association of Small Landowners in the Philippines, Inc. v. Secretary of
Agrarian Reform,2 the Supreme Court held:
"The case before us presents no knotty complication insofar as the question of
compensable taking is concerned. To the extent that the measures under challenge merely
prescribe retention limits for landowners, there is an exercise of the police power for the
regulation of private property in accordance with the Constitution. But where, to carry out
such regulation, it becomes necessary to deprive such owners of whatever lands they may
own in excess of the maximum area allowed, there is definitely a taking under the power of
eminent domain for which payment of just compensation is imperative. The taking contemplated is not a mere limitation of the use of the land. What is required is the surrender of the
title to and the physical possession of the said excess and all beneficial rights accruing to the
owner in favor of the farmer-beneficiary. This is definitely an exercise not of the police
power but of the power of eminent domain.
2
1. Under Section 103, excluded from the coverage of the CARL are lands actually, directly
and exclusively used for:
a.
b.
c.
d.
e.
f.
Parks;
Wildlife;
Forest reserves;
Reforestation;
Fish sanctuaries and breeding grounds;
Watersheds and mangroves.
2. Private lands actually, directly and exclusively used for prawn farms and fishponds shall
be exempt from the coverage of this Act: Provided, T hat said prawn farms and
fishponds have not been distributed and C ertificate of L and O wnership A ward
(C L O A) issued to agrarian reform beneficiaries under the Comprehensive Agrarian
Reform Program.
In cases where the fishponds or prawn farms have been subjected to the Comprehensive
Agrarian Reform Law, by voluntary offer to sell, or commercial farms deferment or
notices of compulsory acquisition, a simple and absolute majority of the actual regular
workers or tenants must consent to the exemption within one (1) year from the effectivity
of this Act. When the workers or tenants do not agree to this exemption, the fishponds or
prawn farms shall be distributed collectively to the worker-beneficiaries or tenants who
shall form a cooperative or association to manage the same.
3. Likewise, execluded from the coverage the CARL are lands actually, directly and
exclusively used and found to be necessary for:
a. National defense;
b. School sites and campuses including experimental farm stations operated by public or
private schools for educational purposes;
c. Seeds and seedling research and pilot production center;
d. Church sites and convents appurtenant thereto;
e. Mosque sites and Islamic centers appurtenant thereto;
f. Communal burial grounds and cemeteries;
g. Penal colonies and penal farms actually worked by the inmates; and
h. Government and private research and quarantine centers.
4. All lands with eighteen percent (18%) slope and over which are not developed for
3
5. In the case of Luz Farms v. Secretary of Agrarian Reform,4 the Supreme Court has
excluded agricultural Lands Devoted to Commercial Livestock, Poultry and Swine
Raising from the coverage of CARL.
The Supreme Court said:
"The transcripts of the deliberations of the Constitutional Commission of 1986 on the
meaning of the word "agricultural," clearly show that it was never the intention of the
framers of the Constitution to include livestock and poultry industry in the coverage of
the constitutionally-mandated agrarian reform program of the Government.
"The Committee adopted the definition of "agricultural land" as defined under
Section 166 of RA 3844, as lands devoted to any growth, including but not limited to
crop lands, saltbeds, fishponds, idle and abandoned land (Record, CONCOM, August 7,
1986, Vol. III, p. 11).
"The intention of the Committee is to limit the application of the word "agriculture."
Commissioner Jamir proposed to insert the word "ARABLE" to distinguish this kind of
agricultural land from such lands as commercial and industrial lands and residential
properties because all of them fall under the general classification of the word "agricultural." This proposal, however, was not considered because the Committee contemplated
that agricultural lands are limited to arable and suitable agricultural lands and therefore,
do not include commercial, industrial and residential lands (Record, CONCOM, August
7, 1986, Vol. III, p. 30).
"In the interpellation, then Commissioner Regalado (now a Supreme Court Justice),
posed several questions, among others, quoted as follows:
xxx xxx xxx
"Line 19 refers to genuine reform program founded on the primary right of farmers
and farmworkers. I wonder if it means that leasehold tenancy is thereby proscribed
under this provision because it speaks of the primary right of farmers and farm
4
workers to own directly or collectively the lands they till. As also mentioned by
Commissioner Tadeo, farmworkers include those who work in piggeries and poultry
projects.
I was wondering whether I am wrong in my appreciation that if somebody puts up
a piggery or a poultry project and for that purpose hires farmworkers therein, these
farmworkers will automatically have the right to own eventually, directly or
ultimately or collectively, the land on which the piggeries and poultry projects were
constructed. (Record, CONCOM, August 2, 1986, p. 618).
xxx xxx xxx"
"The question were answered and explained in the statement of the then
Commissioner Tadeo, quoted as follows:
xxx xxx xxx
"Sa pangalawang katanungan ng Ginoo ay medyo hindi kami nagkaunawaan.
Ipinaaalam ko kay Commissioner Regalado na hindi namin inilagay ang agricultural
worker sa kadahilanang kasama rito ang piggery, poultry at livestock workers. Ang
inilagay namin dito ay farm worker kaya hindi kasama ang piggery, poultry at
livestock workers (Record, CONCOM, August , 1986, Vol. II, p. 621).
"It is evident from the foregoing discussion that Section 11 of RA 6657 which
includes "private agricultural lands devoted to commercial livestock, poultry and swine
raising" in the definition of "commercial farms" is invalid, to the extent that the
aforecited agro-industrial activities are made to be covered by the agrarian reform
program of the State. There is simply no reason to include livestock and poultry lands int
he coverage of agrarian reform. (Rollo, p. 21).
"PREMISES CONSIDERED, the instant petition is hereby GRANTED. Sections
3(b), 11, 13 and 32 of R.A. No. 6657 insofar as the inclusion of raising of livestock,
poultry and swine in its coverage as well as the Implementing Rules and Guidelines
promulgated in accordance therewith, are hereby DECLARED null and void for being
unconstitutional and the writ of preliminary injunction issued is hereby MADE
permanent."
1. The DAR, in coordination with the Presidential Agrarian Reform Council (PARC) shall
plan and program the final acquisition and distribution of all remaining unacquired and
undistributed agricultural lands from the effectivity of this Act until June 30, 2014.
B. Priorities [Section 7]
1. Guiding Principle: In effecting the transfer, priority must be given to lands that are
tenanted.
2. Factors to consider in the Implementation
a. Need to distribute lands to the tillers at the earliest practical time;
b. Need to enhance agricultural productivity; and
c. Availability of funds and resources to implement and support the program
3. Phases of Implementation
Phase O ne: During the five (5)-year extension period hereafter all remaining lands above
fifty (50) hectares shall be covered for purposes of agrarian reform upon the effectivity of
this Act. All private agricultural lands of landowners with aggregate landholdings in excess
of fifty (50) hectares which have already been subjected to a notice of coverage issued on or
before December 10, 2008; rice and corn lands under Presidential Decree No. 27; all idle or
abandoned lands; all private lands voluntarily offered by the owners for agrarian reform:
Provided, That with respect to voluntary land transfer, only those submitted by June 30, 2009
shall be allowed: Provided, further, That after June 30, 2009, the modes of acquisition shall
be limited to voluntary offer to sell and compulsory acquisition: Provided, furthermore, That
all previously acquired lands wherein valuation is subject to challenge by landowners shall be
completed and finally resolved pursuant to Section 17 of Republic Act No. 6657, as
amended: Provided, finally, as mandated by the Constitution, Republic Act No. 6657, as
amended, and Republic Act No. 3844,as amended, only farmers (tenants or lessees) and
regular farmworkers actually tilling the lands, as certified under oath by the Barangay
Agrarian Reform Council (BARC) and attested under oath by the landowners, are the
qualified beneficiaries. The intended beneficiary shall state under oath before the judge of the
city or municipal court that he/she is willing to work on the land to make it productive and to
assume the obligation of paying the amortization for the compensation of the land and the
land taxes thereon; all lands foreclosed by government financial institutions; all lands
acquired by the Presidential Commission on Good Government (PCGG); and all other lands
owned by the government devoted to or suitable for agriculture, which shall be acquired and
distributed immediately upon the effectivity of this Act, with the implementation to be
farmers of the aforementioned seminars, symposia, and other similar programs shall be
encouraged in the implementation of this Act particularly the provisions of this Section.
The PARC shall establish guidelines to implement the above priorities and distribution
scheme, including the determination of who are qualified beneficiaries: Provided, That an
owner-tiller may be a beneficiary of the land he/she does not own but is actually cultivating
to the extent of the difference between the area of the land he/she owns and the award ceiling
of three (3) hectares: Provided, further, That collective ownership by the farmer beneficiaries
shall be subject to Section 25 of Republic Act No. 6657, as amended: Provided, furthermore,
That rural women shall be given the opportunity t o participate in the development planning
and implementation of this Act: Provided, finally, That in no case should the agrarian reform
beneficiaries' sex, economic, religious, social, cultural and political attributes adversely affect
the distribution of lands.
C. E xceptions from the Implementation Phases
1. Land acquisition and distribution shall be completed by June 30, 2014 on a province-byprovince basis. In any case, the PARC or the PARC Executive Committee (PARC
EXCOM), upon recommendation by the Provincial Agrarian Reform Coordinating
Committee (PARCCOM), may declare certain provinces as priority land reform areas, in
which case the acquisition and distribution of private agricultural lands therein under
advanced phases may be implemented ahead of the above schedules on the condition that
prior phases in these provinces have been completed: Provided, That notwithstanding the
above schedules, phase three (b) shall not be implemented in a particular province until at
least ninety percent (90%) of the provincial balance of that particular province as of
January 1, 2009 under Phase One, Phase Two (a), Phase Two (b),,and Phase Three (a),
excluding lands under the jurisdiction of the Department of Environment and Natural
Resources (DENR), have been successfully completed. PARC, upon recommendation of
the Provincial Agrarian Reform Coordinating Committee (PARCCOM), may declare
certain provinces or regions as priority land reform areas, in which case the acquisition
and distribution of private agricultural lands therein may be implemented ahead of
schedule. [Section 7]
2. The PARC may suspend the implementation of CARL with respect to ancestral lands for
purpose of identifying and delineating such lands. [Section 9]
The two tenancy systems are distinct and different form each other. In sharehold, the
tenant may choose to shoulder, in addition to labor, any one or more of the items of
contributions (such as farm implements, work animals, final harrowing,
transplanting), while in leasehold, the tenant or lessee always shoulders all items of
production except the land. Under the sharehold system, the tenant and the
landholder are co-managers, whereas in leasehold, the tenant is the sole manager of
the farmholding. Finally, in sharehold tenancy, the tenant and the landholder divide
the harvest in proportion to their contributions, while in leasehold tenancy, the tenant
or lessee gets the whole produce with the mere obligation to pay a fixed rental.
[People v. Adillo6]
Sharehold
Leasehold
Expenses of Production
Tenant
Management
Tenant
Payment
There are important differences between a leasehold tenancy and a civil law lease. The
subject matter of leasehold tenancy is limited to agricultural lands; that of civil law lease
may be either rural or urban property. As to attention and cultivation, the law requires
the leasehold tenant to personally attend to, and cultivate the agricultural land, whereas
the civil law lessee need not personally cultivate or work the thing leased. As to purpose,
the landholding in leasehold tenancy is devoted to agriculture, whereas in civil law lease,
the purpose may be for any other lawful pursuit. As to the law that governs, the civil law
lease is governed by the Civil Code, whereas leasehold tenancy is governed by special
laws. [Gabriel v. Pangilinan7]
68 SCRA 90.
7
58 SCRA 590.
Subject Matter
Purpose
Agriculture only
Governing Law
Special laws
Civil Code
4. Purpose of the Leasehold Relation: To protect and improve the tenurial and economic
status of the farmers in tenanted lands. [Section 12]
5. Application [Section 12]
a. Tenanted lands under the retention limit; and
b. Tenanted lands not yet acquired under the CARL
B. Production Sharing Plan
1. Application [Section 13]
a. Any enterprise adopting the scheme provided for in Section 32;
b. Any enterprise operating under a production venture, lease, management contract or
other similar arrangement;
c. Any farm covered by Section 8 (Private agricultural lands leased by Multinational
corporations) and Section 11 (Commercial farming); and
d. Corporate farms pending final land transfer.
2. Period for Compliance: Within ninety (90) days from effectivity of CARL
3. Scheme (Applies to those individuals or enterprises realizing gross sales in excess of
five million pesos per annum, unless the DAR sets a lower ceiling) [Section 32]
a.
b.
c.
d.
Three percent (3%) of the gross sales from the production of such lands;
Distributed within sixty (60) days of the end of the fiscal year;
Treated as additional compensation to regular and other farmworkers of such lands;
During the transitory period (before the land is turned over to the farmworker-
beneficiaries), at least one percent (1%) of the gross sales shall be distributed to the
managerial, supervisory and technical group; and
e. If profit is realized, an additional ten percent (10%) of the net profit after tax shall be
distributed to the regular and other farmworkers within ninety (90) days of the end of
the fiscal year.
V. Registration
A. Within 180 days from the effectivity of CARL, landowners, natural or juridical, shall file a
sworn statement in the assessor's office the following information:
a.
b.
c.
d.
e.
1. F ive hectares is the retention limit. No person may own or retain, directly or indirectly,
any public or private agricultural land, the size of which shall vary according to factors
governing a viable family-sized farm, such as commodity produced, terrain,
infrastructure, and soil fertility as determined by the Presidential Agrarian Reform
Council (PARC), but in no case shall the retention limit exceed five (5) hectares.
2. A dditional three hectares may be awarded to each child, subject to the following
qualifications:
a. That the child is at least fifteen (15) years of age; and
b. That the child is actually tilling the land or directly managing the farm.
3. E xceptions to the retention limit of five hectares.
a. Landowners whose lands have been covered by PD 27; and
b. Original homestead grantees or direct compulsory heirs who still own the original
homestead at the time of the approval of CARL, as long as they continue to cultivate
said homestead.
C. Provincial, city and municipal government ,units acquiring private agricultural lands
by expropriation or other modes of acquisition to be used for actual, direct and
exclusive public purposes, such as roads and bridges, public markets, school sites,
resettlement sites, local government facilities, public parks and barangay plazas or
squares, consistent with the approved local comprehensive land use plan, shall not be
subject to the five (5)-hectare retention limit under this Section and Sections 70 and
73(a) of Republic Act No. 6657, as amended: Provided, That lands subject to CARP
shall first undergo the land acquisition and distribution process of the program:
Provided, further, That when these lands have been subjected to expropriation, the
agrarian reform beneficiaries therein shall be paid just compensation [Section 6-A].
4. Right to choose the area to be retained.
The right to choose the area to be retained, which shall be compact or contiguous,
shall pertain to the landowner. If the land retained is tenanted, the tenant shall have the
option to choose whether to remain therein or be a beneficiary in the same or another
agricultural land. In case the tenant chooses to remain in the retained area, he shall be
considered a leaseholder and shall lose his right to be a beneficiary under this Act. In
case the tenant chooses to be a beneficiary in another agricultural land, he loses his right
as a leaseholder to the land retained by the landowner. The tenant must exercise this
option within a period of one (1) year from the time the landowner manifest his choice of
the area for retention.
B. Procedure
1. Voluntary Land Transfer (VLT) [Section 20]
a. Must be submitted to the DAR within one year from effectivity of the CARl;
b. Must not be less favorable to the transferee than those of the government's standing ;
and
c. Shall include sanctions for non-compliance by either party and shall be duly recorded
and its implementation monitored by the DAR.
D. Only those submitted by June 30, 2009 shall be allowed.
2. Compulsory Acquisition [Section 16]
a. Notice to acquire the land shall be sent to the landowner and the beneficiaries. The
notice shall also be posted in a conspicuous place in the municipal building and the
barangay hall of the place where the property is located.
b. Within thirty (30) days from receipt of the written notice, the landowner shall inform
the DAR of his acceptance or rejection of the offer.
c. If the offer is accepted, the LBP pays the landowner and within thirty (30) days, the
landowner executes and delivers a deed of transfer to the Government and surrenders
the Certificate of Title and other muniments of title.
d. In case of rejection or failure to reply, the DAR shall conduct summary
administrative proceedings to determine the compensation. If he does concur with
the compensation determined by the DAR, he can the matter to the Courts.
e. Payment of the just compensation as determined by the DAR or the Court.
f. Registration with the Register of Deeds for the issuance of Transfer Certificate of
Title in the name of the Republic of the Philippines.
g. Standing C rops: The landowner shall retain his share of any standing crops
unharvested at the time the DAR shall take possession of the land and shall be given
reasonable time to harvest the same (Section 28).
C. Compensation
1. Determination of Just Compensation.
In determining just compensation, the cost of acquisition of the land, the value of the
standing crop, the current: value of like properties, its nature, actual use and income, the
sworn valuation by the owner, the tax declarations, the assessment made by government
assessors, and seventy percent (70%) of the zonal valuation of the Bureau of Internal
Revenue (BIR), translated into a basic formula by the DAR shall be considered, subject
to the final decision of the proper court. The social and economic benefits contributed by
the farmers and the farmworkers and by the Government t o the property as well as the
nonpayment of taxes or loans secured from any government financing institution on the
said land shall be considered as additional factors to determine its valuation [Section 17].
2. Under EO 405 (1990), Land Bank of the Philippines shall be primarily responsible for
the determination of the land valuation and compensation.
3. Mode of Payment [Section 18]
a. Cash under the following scheme:
i. For lands above 50 hectares
ii. For lands above 24 and up to 50
iii. For lands 24 and below
*
:
:
:
25%
30%
35%
In case of VOS, the landowner shall be entitled to an additional 5% cash payment. [Section 19]
L and Redistribution
permanent laborer, such as "dumaan", "sacada", and the like [Section 3(i)];
4. Other farmworkers: a farmworker who is not a regular nor a seasonal farmworker
[Section 3(j)];
5. Actual tillers or occupants of public lands;
6. Collective or cooperatives of the above beneficiaries; and
*
The mere fact that the expected quantity of harvest, as visualized and calculated by
agricultural experts, is not actually realized, or that the harvest did not increase, is not
a sufficient basis for concluding that the tenants failed to follow proven farm
practices. [Belmi v. CAR8]
8
7 SCRA 812.
Under the CARL, a beneficiary is landless if he owns less than three (3) hectares of
agricultural land. [Section 25]
4. Beneficiaries whose land have been the subject of foreclosure by the Land Bank of the
Philippines. [Section 26]
*
Under the CARL, the LBP may foreclose on the mortgage for non-payment of the
beneficiary of an aggregate of three (3) annual amortizations. [Section 26]
C. A wards
1. E mancipation Patents (EPs) are issued for lands covered under Operation Land
Transfer (OLT) of Presidential Decree No. 27.
2. C ertificates of L and O wnership A ward (CLOAs) are issued for private agricultural
lands and resettlement areas covered under Republic Act No. 6657, otherwise known as
the Comprehensive Agrarian Reform Law of 1988.
3. F ree Patents are issued for public agricultural lands.
*
Under Section 15 of EO 229 (1987), all alienable and disposable lands of the public
domain suitable for agriculture and outside proclaimed settlements shall be
redistributed by the Department of Environment and Natural Resources (DENR).
4. C ertificates of Stewardship Contracts are issued for forest areas under the Integrated
Social Forestry Program.
D. M anner of Payment [Section 26]
1. Lands awarded shall be paid by the beneficiaries to the LBP in thirty (30) annual
amortizations at six percent (6%) interest per annum. The payments for the first three (3)
years after the awards may be at reduced amounts as established by the PARC: Provided,
That the first five (5) annual payments may not be more than five percent (5%) of the
value of the annual gross production as established by the DAR. Should the scheduled
annual payments after the fifth year exceed ten percent (10%) of the annual gross
production and the failure to produce accordingly is not due to the beneficiary's fault, the
LBP may reduce the interest rate or reduce the principal obligation to make the repayment affordable.
2. Payment shall be:
a. Thirty (30) annual amortizations (First 3 years may be at reduced amounts);
b. Six percent (6%) interest per annum; and
c. First five (5) annual payments may not be more than five percent (5%) of the value of
the annual gross production.
If the land is sold to the government or to the LBP, the children or the spouse of the
transferee shall have a right to repurchase within a period of two (2) years.
2. Conversions of L ands. - An application for conversion may be entertained only after the
lapse of five (5) years from the 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 purpose.
[Section 66]
VIII.
Corporate F arms
A. Definition
*
Corporate farms are farms which are owned or operated by corporations or other business
associations. [Section 29]
B. Distribution
Agricultural activity means the cultivation of the soil, planting of crops, growing
of fruit trees, raising of fish, including the harvesting of such farm products, and
other farm activities and practices performed by a farmer in conjunction with
such farming operations done by persons whether natural or juridical [Section
3(b)].
d. Period for Compliance: If within TWO (2) YEARS from the approval of CARL or
from the approval of the PARC of the plan for stock distribution, the stock transfer is
not made or realized, the agricultural land shall be subject to compulsory coverage of
the CARL.
At least twenty-five percent (25%) of all appropriations for agrarian reform shall be
immediately set aside and made available for support services. In addition, the DAR
shall be authorized to package proposals and receive grants, aid and other forms of
financial assistance from any source. [Section 36]
Certificates of Stewardship Contracts are issued for forest areas under the Integrated
Social Forestry Program.
C. Sparsely O ccupied Public Agricultural L ands: Sparsely occupied agricultural lands of the
public domain shall be surveyed, proclaimed and developed as farm settlements for qualified
landless people.
*
Uncultivated lands of the public domain shall be made available on a lease basis to
interested and qualified parties. Priority shall be given to those who will engage in the
development of capital-intensive, traditional or pioneering crops.
D. Idle, A bandoned, Forecloses and Sequestered L ands: 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.
E. Rural Women: All qualified women members of the agricultural labor force must be
guaranteed and assured equal rights to ownership of the land, equal shares of the farm's produce, and representation in advisory or appropriate decision-making bodies.
F. V eterans and Retirees: Landless ware veterans and veterans of military campaigns, their
surviving spouses and orphans, retirees of the Armed Forces of the Philippines and the
Integrated National Police, returnees, surrenderees and similar beneficiaries shall be given
due consideration in the disposition of agricultural lands of the public domain.
G. Agriculture G raduates: Graduates of agricultural schools who are landless shall be assisted
by the government in their desire to own and till agricultural lands.
the PARC, in every case ensuring that support services are available or have been
programmed before actual distribution is effected. [Section 45]
b. Provide information on the following:
i. Provisions of the CARP;
ii. Guidelines issued by the PARC; and
iii. Progress of the CARP in the province.
C. Barangay Agrarian Reform Committee (BARC)
1. Composition [EO 229, 1987]
*
The BARC shall be operated on a self-help basis and will be composed of the
following:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
D. O thers
1. No injunction, restraining order, prohibition or mandamus shall be issued by the lower
courts against the DAR, DA, DENR and DOJ in their implementation of CARP. [Section
68]
*
2. 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 or controlled corporations. [Section 69]
XII.
A dministrative A djudication
A. Jurisdiction
1. The Department of Agrarian Reform is hereby vested with primary jurisdiction to
determine and adjudicate agrarian reform matters and shall have exclusive original
jurisdiction over all matter involving the implementation of agrarian reform, except
those falling under the exclusive jurisdiction of the Department of Agriculture and the
Department of Environment and Natural Resources. [Section 50]
2. DAR Adjudicator
a. Department of Agrarian Reform Adjudication Board (DARAB)
i. Exercises both original and appellate jurisdiction
ii. Exercises functional supervision over the RARADs and PARADs
b. Regional Agrarian Reform Adjudicator (RARAD)
i. Executive Adjudicator in his region
ii. Receives, hears and adjudicates cases which the PARAD cannot handle because
the latter is disqualified or inhibits himself or because the case is complex or
sensitive
c. Provincial Agrarian Reform Adjudicator (PARAD)
3. Exclusive Jurisdiction of the Secretary of Agrarian Reform
*
B. B A R C Certification Requirement
1. The DAR shall not take cognizance of any agrarian dispute of controversy unless a
certification from the BARC that the dispute has been submitted to it for mediation and
conciliation without any success of settlement is presented. [Section 53]
*
Failure to present a BARC certification is not a ground for dismissal of the action.
The complainant or petitioner will be given every opportunity to secure the BARC
certification. [Rule III, Section 1(c) of the DARAB Rules]
Within fifteen (15) days from the receipt of the decision of the Special Agrarian Court,
an appeal may be taken by filing a petition for review with the Court of Appeals.
XIV.
Within a non-extendible period of fifteen (15) days from the receipt of the decision of
the Court of Appeals, an appeal may be taken by filing a petition for review with the
Supreme Court.
2. Any person who knowingly or willfully violates the provisions of CARL 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 (P 1,000.00) and not more than fifteen
thousand pesos (P 15,000.00), or both at the discretion of the court.
If the offender is a corporation or association, the officer responsible therefor shall be
criminally liable.
B. Conversions
1. Authority to Allow Conversion of Agricultural Land for Non-agricultural Uses
a. Under Executive Order No. 129-A, Series of 1987, the Department of Agrarian
Reform is authorized to:
i. Approve or disapprove the conversion, restructuring or readjustment of
agricultural lands into non-agricultural uses; [Section 4(j)]
ii. 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. [Section 5(l)]
b. The Comprehensive Agrarian Reform Law provides that the DAR ... may authorize
the reclassification or conversion on the land and its disposition. [Section 65]
2. Conversion
a. 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
highly 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, may authorize the reclassification or conversion on the land and its
disposition: Provided, That the beneficiary shall have fully paid his obligation.
[Section 65]
b. Grounds for conversion
i. Five (5) years had lapsed from the award of the land;
ii. The land ceases to be economically feasible and sound for agricultural purposes,
or the locality has become highly urbanized and the land will have greater
economic value for residential, commercial or industrial purposes; and
iii. Beneficiary shall have fully paid his obligation.
President Fidel V. Ramos directed the observance by all agencies and local
government units the following interim guidelines on agricultural land use
conversion.
i. All irrigated or irrigable agricultural lands shall not be subject to and nonnegotiable for conversion;
ii. All other agricultural lands may be converted only upon strict compliance
with existing laws, rules and regulations.
3. Disturbance Compensation
XV.
Section 36(1) of Republic Act No. 3844, as amended provides: the agricultural lessee
shall be entitled to disturbance compensation equivalent to five years rental on his
landholding.
A. Suppletory Application: The provisions of Republic Act No. 3844, as amended, Presidential
Decree Nos. 27 and 266, as amended, Executive Order Nos. 228 and 229, both Series of
1987; and other laws not inconsistent with this Act shall have suppletory effect. [Section 75]
B. Repealing Clause: Section 35 of Republic Act No. 3844, Presidential Decree No. 316, the
last two paragraphs of Section 12 of Presidential Decree No. 946, Presidential Decree No.
1038, and all other laws, decrees, executive orders, rules and regulations, issuances or parts
thereof inconsistent with CARL are hereby repealed or amended accordingly.
XVI.
E ffectivity
* CARL takes effect immediately after publication in at least two (2) national newspapers of
general circulation. CARL was printed 15 June 1988.