Chapter 8 Prohibited Acts and Omissions

Prosecution of these acts does not preclude DAR from pursuing administrative cases
against offenders for the same acts or on the basis of the same facts. PA&O are
criminal in nature. Other acts and omissions in violation of agrarian laws are also
administratively sanctioned.
PA&O by LO:
1. Ownership and possession of land beyond allowable limits
Elements: a) offender is any person (n/j) b) person owns or possesses AL in excess
of retention limit or award ceilings c) purpose of ownership is to circumvent the
CARL
2. Prohibited sale, transfer, conveyance or change of the nature of land
Elements: a) offender is any person b)person sells, transfers or conveys the
land/changes the nature of the land c) land must be outside of urban centers and
city limits d) transaction or the change of the nature of the land may be of the
whole or portion of the land d) transaction or change in the nature was effected
after 15 June 1988
Sale or disposition in violation of CARL is void but not totally. it is valid to the extent
that the total landholding of the transferee as a result of the said acquisition does
not exceed the landholding ceiling.
3. Illegal/Premature/Unauthorized Conversion
Illegal Conversion elements: a) land is agricultural land b) offender is the landowner
c) there are acts committed converting the use of the land into non agri use d)
intent is to avoid the application of CARL and dispossess tenant farmers tilling the
land
Premature conversion elements: a) land is agricultural b) offender may be any
person c) actual development activity is undertaken on the land d) the development
activity modifies or alters the physical characteristics of the land e) the land
development renders the land suitable for non-agricultural purposes f) there is no
approved order of conversion from the DAR
Unauthorized conversion (merely administratively sanctioned) elements:
There are 2 types:
First type: a) offender is any person, i.e., landowner developer or any other person
b) the person changes the current use of an agricultural land into another
agricultural purpose c) the change of use was done without an order of conversion
from DAE
Second type: a) misrepresentation or concealment of material facts in conversion
application b) non-compliance with the conditions set forth in the conversion order
c) non-compliance with the agreement on DC
PA&O by beneficiaries
1. sale, transfer or conveyance by a beneficiary of the right to use or any other
usufructuary right over the land by virtue of this act
Elements: a) offender is an ARB b) offender sell, transfers, or conveys the right to
use or any other usufructuary right over his land c) the subject land was acquired by
him/her by virtue of being a beneficiary d) the act is motivated by the design to
circumvent the provisions of RA 6657
If lands have been acquired under PD 27/EO 228 ownership may be transferred
upon full payment of amortization by the ARB.
2. Misuse or Diversion of financial aid and support services
Having necessary support services is an important element of the land reform
program
Elements: a) the beneficiary was granted financial aid and other support services b)
the beneficiary either misuses the financial aid and support services or diverts such
aid or services for other purposes
3. Misuse of the land
If found guilty, ARB forfeits his right to continue as such
There are two ways of committing this offense
First type elements: a) offender is a grantee of land awarded through CLOA or EP b)
offender commits acts which cause substantial and unreasonable damage to the
and c) such act causes the deterioration and depletion of the soil fertility and
improvements thereon
Second type elements: a) offender is a grantee of land awarded through CLOA or EP
b) he knowingly plants, grows or raises any plant which is the source of a dangerous
drug as defined in PD 1683
4. Continuous Neglect or abandonment of awarded lands
Elements: a) the offender is an ARB b) the beneficiary willfully fails or refuses to
cultivate, till or develop to produce any crop the land awarded him c) such failure or
refusal continue for a period of 2 calendar years.
5. Material Misrepresentation of Qualifications
Elements: a) the offender is an ARB b) offender intentionally made false statements
concerning a matter of fact in his application for qualification as an ARB under RA
6657 or any other agrarian laws c) the misrepresented fact was material to the
determination of his qualification to become a beneficiary
6. Default and failure in the payment of amortization to LO
Elements: a) offender is an ARB b) beneficiary acquired the land by virtue of
VLT/DPS c) The beneficiary fails to pay the LO amortization for three consecutive
months d) failure is due to reasons other than force majeure or fortuitous events
7. Failure to pay amortizations to LBP
Elements: a) ARB is an awardee of a land acquired through CA/VOS b) ARB fails to
pay the LBP atleast 3 annual amortization c) failure is due to reasons other than
force majeure or fortuitous events
8. waiver of rights to awarded lands (written)
Administrative offense
Elements: a) Offender is an ARB b) ARB has expressly or impliedly waived his rights
over the land
9. FBS surrender of awarded lands to LO and other non ARBs
Elements: a) offender is an ARB b) offender surrenders land awarded him to the LO
or other non ARBs c) such surrender is without legal authority or clearance from
DAR
PA&O by Other persons
1. Forcible entry and unlawful detainer
Elements: a) offender is any person who is not qualified to be an ARB b) he/she
deprives the owner or legal representatives/assigns of owner the right of possession
over the property either by entering the land of another by FISTS or unlawfully
refusing to vacate the land after the right to hold possession thereof has expired c)
the intention of the acts is to avail themselves of the rights and benefits of ARBs
2. Obstruction and prevention of CARP Implementation
Elements: a) Offender may be LO, ARB or any other person (n/j) b) person commits
acts to prevent or obstruct the implementation of the CARP
PA&O by Agricultural lessor:
1. Unlawful recording of sale in the registry of property subject to right if redemption
Elements: a) the offender is the LO or agricultural lessor, or in case of juridical
persons, the manager or the person who has charge of the management or
management of the property or in his default, the person acting in his stead b) he
effects the recording of the sale of the land subject of an agricultural lease c) such
recording was effected without the necessary affidavit by vendor that he has given
prior written notice of the sale to the agricultural lessor
2. Unlawful dispossession of lessee
Elements: a) offender is an agricultural lessor b) offender dispossess the agricultural
lessee of his landholding c) dispossession is without authorization from the Court
3. Inducement to execute or enter into a share tenancy contract
Elements: a) offender is any person b) offender induces another as tenant to
execute or enter into a share tenancy with himself or another
4. Making untruthful statements in affidavit
Elements: a) offender is the LO/agricultural lessor/any person b) he/she knowingly
makes untruthful statement on a material matter in a affidavit required for the
registration of the sale of land subject to the right of pre-emption
5. Acts violation FWs rights to self-organization and to engage in other concerted
activities
Elements: a) offender is LO/Agri lessor/ any person b) Offender commits acts which
impair or prevemt the exercise of the FWs right to self organization or right to
engage in concerted activities
6. Act violative of the right of FWs to a minimum wage
Elements: a) offender is LO/any other person b) offender fails or refuses to pay FW
the minimum daily wage set by law or determined by the MW Board
PA&O by Agricultural lessees
1. cultivation of another farmland without consent of lessor
Elements: a) offender is an agricultural lessee b) the land leased by him is of
sufficient size to make him and the members of his immediate farm household fully
occupied in its production c) he contracts to work another landholdings belonging to
a different agricultural lessor or acquires and personally cultivate an economic
family-size farm d) the cultivation of the other landholding without of his first lessor
2. Unlawful sublease of leased land by lessor
Elements: a) offender is an agricultural lessee b) he employs a sublessee on his
landholdings c) the reason for the sub-contracting is other than illness or temporary
incapacity
[For penalties just refer to 210 211 of the material naay table usually its just a
fine or imprisonment, for administrative sanctions page 212 ra, usually its
cancellation of EP/CLOA, perpetual DQ from being an ARB, blacklisting, etc.]
SPECIAL AGRARIAN COURTS have jurisdiction to hear and try cases involving
prohibited acts nga criminal in nature. For ADMINISTRATIVE offenses, DAR has
jurisdiction.
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