LAND REFORM is the redistribution of property rights and duties of those who own or use land for the

benefit of the landless tillers, tenant-tillers and farmworkers.

AGRARIAN REFORM refers not only to physical redistribution of land but a transformation in
agricultural relations and agrarian structure.
PERTINENT AGRARIAN LAWS AND DECREES:

PD NO. 27 Decreeing the emancipation of tenants from the bondage of the soil, transferring to them
the ownership of the lands they till and providing the instrument and mechanisms therefore.
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This is the law which covered the rice and corn lands.

RA 6657 Comprehensive Agrarian Reform Law (CARL)

Scope and Coverage (Sec. 4):
ALL PUBLIC and PRIVATE AGRICULTURAL LANDS suitable for agriculture.
Specifically:
1. All alienable and disposable lands of the public domain devoted to or suitable for agriculture.
2. All lands of the public domain in excess of the specific limits;
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retention limit: 5 hectares for the landowner (viable family-sized farm) (Sec. 6)
Each child of the landowner may be awarded 3 hectares provided:
a. He is at least 15 years of age;
b. Actually tilling or directly managing the farm

3. All other lands owned by the government devoted to or suitable for agriculture;
4. All private lands devoted to or suitable for agriculture.
EXEMPTIONS (Sec. 10):
1. Lands actually, directly and exclusively (ADE) used for and found to be necessary for parks,
wildlife, forest reserves, etc. and all lands with 18% slope and over (inclination lie hills and
mountains).
2. Private lands ADE for prawn farms and fishponds;
3. Homesteads;
4. Lands devoted to raising of livestock, swine and poultry;
5. Lands retained by the LOs and covered under leasehold.

WHAT IS JUST COMPENSATION?

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FACTORS IN DETERMINING JUST COMPENSATION.

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The full and fair equivalent of the property taken away from its owner by expropriation.

Current value of like properties;

Cost of acquisition;
Official assessment by the government;
Nature of land;
Non payment of taxes;
Sworn value by landowner;
Income;
Declaration of taxes;
Economic and social benefits contributed by farmers;
Real/Actual use.

MODES OF ACQUISITION:
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Compulsory acquisition;
Offer to Sell (VOS)
EO 407 as amended by EO 488 AND 506 (Accelerating the acquisition and distribution of
agricultural lands, pasture lands, fishponds, agro-forestry lands and other lands of the public
domain suitable for agriculture) GOL
OLT (rice and corn lands) under PD 27 and E0 228

WHO ARE THE QUALIFIED BENEFICIARIES?

Sec. 22 provides that lands covered by the CARP shall be distributed to the LANDLESS residents, under
the following order:
a.
b.
c.
d.
e.
f.
g.

Agricultural lessees or share tenants;

Regular farmworkers;
Seasonal farmworkers;
Other farmworkers;
Actual tillers or occupants of public land;
Collective or cooperatives of the above beneficiaries;
Others directly working on the land.

BASIC QUALIFICATION:
Willingness, aptitude and ability to cultivate and make the land as productive as possible.

DISQUALIFICATION:
Those who have culpably sold, disposed of or abandoned their land are disqualified to become
beneficiaries.
AWARD CEILINGS: not exceeding 3 hectares.

RA 9700 CARPER LAW (

Sec. 3 LOs 5 has. and below shall not be covered.
RECLASSIFICATION OF LAND Cities and municipalities have the authority to reclassify agricultural
lands into residential, commercial or industrial.
Criteria: When land ceases to be economically feasible and sound for agricultural purposes as determined by
the DA; or, the land shall have substantially greater economic value for residential, commercial or industrial
purposes as determined by the sanggunian.
Agricultural lands shall not be covered:
1. Lands distributed to ARBs;
2. Lands already issued NOC or VOS;
3. Lands identified as non-negotiable for conversion e.g. irrigated land as ruled by DOJ Opinion No. 44
N.B.: LANDS RECLASSIFIED AFTER JUNE 15, 1988 COVERABLE and must apply for
land conversion.
LANDS RECLASSIFIED BEFORE JUNE 15, 1988 Apply for exemption.
NOTE: Reclassification OF AGRICULTURAL lands into forest, mineral or national parks is the
exclusive power of the President and not by the LGU. Thus, agricultural lands reclassified into
forest, etc. can still be covered.
DEFINITION;
EXCLSUION Implies a keeping out or prohibiting of that which is not yet in the law;
EXEMPTION: Implies release from some obligation or legal requirement.
N.B.: Lands devoted to livestock, poultry and swine raising is exempt from CARP because of
the following reasons as decided in LUS FARMS v. Sec. of DAR (192 SCRA 51):
1.
2.
3.
4.

Land is not the primary source of the industry;

No land is tilled and no crops harvested in livestock, poultry and swine farming;
There are neither tenants nor landlords, only employers and employees;
Payment of services is governed by the minimum wage law and not by tenancy law.