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DEFINITIONS: 4) Purpose of the relationship is agricultural

Agrarian Reform- means redistribution of production;


lands, regardless of crops or fruits produced, 5) Personal cultivation by the tenant or
to farmers and regular farmworkers who are agricultural lessee; and
landless, irrespective of tenurial arrangement, 6) Consideration which is either share of the
to include the totality of factors and support harvest or payment of rent.
services designed to lift the economic status QUALIFIED BENEFICIARIES:
1. agricultural lessees and share tenants;
of the beneficiaries and all other
2. regular farmworkers;
arrangements alternative to the physical 3. seasonal farmworkers;
redistribution of lands, such as production or 4. other farmworkers;
profit-sharing, labor administration, and the 5. actual tillers or occupants of public lands;
distribution of shares of stocks, which will 6. collectives or cooperatives of the above
allow beneficiaries to receive a just share of beneficiaries; and
the fruits of the lands they work. 7. others directly working on the land.

Farmer- refers to a natural person whose QUALIFICATION OF A BENEFICIARY:


primary livelihood is cultivation of land or the A basic qualification of a beneficiary shall be
production of agricultural crops, either by his willingness, aptitude, and ability to
himself, or primarily with the assistance of his cultivate and make the land as productive as
possible.
immediate farm household, whether the land
is owned by him, or by another person under DISQUALIFICATION OF A BENEFICIARY:
a leasehold or share tenancy agreement or 1. Beneficiaries under Presidential Decree No.
arrangement with the owner thereof. 27 who have culpably sold, disposed of, or
abandoned their land are disqualified to
Farmworker- is a natural person who renders become beneficiaries
service for value as an employee or laborer in 2. Any beneficiary guilty of negligence or
an agricultural enterprise or farm regardless of misuse of the land or any support extended to
whether his compensation is paid on a daily, him shall forfeit his right to continue as such
beneficiary.
weekly, monthly or "pakyaw" basis. The term
3. Those who are not landless beneficiary or
includes an individual whose work has ceased own more than three (3) hectares of
as a consequence of, or in connection with, a agricultural land.
pending agrarian dispute and who has not
obtained a substantially equivalent and
GROUNDS FOR CANCELLATION OF
regular farm employment.
CLOAs:
DETERMN OF JUST COMPENSATION: 1. Failure to pay at least 3 annual
In determining just compensation, the cost of
acquisition of the land, the current value of the amortizations to the LBP;
like properties, its nature, actual use and 2. Non-payment of 3 consecutive
income, the sworn valuation by the owner, the amortizations in case of voluntary land
tax declarations, and the assessment made transfer;
by government assessors shall be 2. Neglect of the awarded land;
considered. The social and economic benefits 3. Abandonment of the awarded land;
contributed by the farmers and the 4. Sale, transfer, lease, or any other form of
farmworkers and by the Government to the conveyance by a beneficiary;
property as well as the non-payment of taxes 5. Premature conversion;
or loans secured from any government 6. Misuse or diversion of financial and support
financing institution on the said land shall be services;
considered as additional factors to determine 7. Material misrepresentation of the ARB's
its valuation. basic qualifications;
8. Misuse of the land;
REQs FOR AGRICULTURAL TENANCY: 9. Erroneously-issued titles;
1) Parties are the landowner and the tenant; 10. Landholding is outside the authority of the
2) Subject matter of the relationship is an DAR to dispose of;
agricultural land; 11. Defective Notices of Coverage;
3) Consent between the parties;
12. Landholding is excluded or exempted from sub-paragraph (Q) thereof and Presidential
coverage of CARP, P.D. No. 27, or any Decree No. 815.
other agrarian reform laws;
13. Acts analogous to the foregoing.
JUDICIAL REVIEW IN AGRARIAN
REFORM CASES:

SECTION 54. Certiorari. Any decision,


order, award or ruling of the DAR on any
agrarian dispute or on any matter pertaining
JURISDICTION OF DARAB:
to the application, implementation,
The Board shall have primary and
enforcement, or interpretation of this Act and
exclusive jurisdiction, both original and
other pertinent laws on agrarian reform may
appellate, to determine and adjudicate all
be brought to the Court of Appeals by
agrarian disputes. Specifically, such
certiorari except as otherwise provided in this
jurisdiction shall include but not be limited to
Act within fifteen (15) days from the receipt of
cases involving the following:
a) The rights and obligations of persons, a copy thereof. The findings of fact of the DAR
whether natural or juridical, engaged in the shall be final and conclusive if based on
management, cultivation and use of all substantial evidence.
agricultural lands covered by the CARP
SECTION 56. Special Agrarian Court. The
and other agrarian laws;
Supreme Court shall designate at least one
b) The valuation of land, and the preliminary
(1) branch of the Regional Trial Court (RTC)
determination and payment of just
within each province to act as a Special
compensation, fixing and collection of
Agrarian Court. The Supreme Court may
lease rentals, disturbance compensation,
designate more branches to constitute such
amortization payments, and similar
additional Special Agrarian Courts as may be
disputes concerning the functions of the
necessary to cope with the number of
Land Bank of the Philippines (LBP);
c) The annulment or cancellation of lease agrarian cases in each province. In the
contracts or deeds of sale or their designation, the Supreme Court shall give
amendments involving lands under the preference to the Regional Trial Courts which
administration and disposition of the DAR have been assigned to handle agrarian cases
or LBP; or whose presiding judges were former judges
d) Those case arising from, or connected with of the defunct Court of Agrarian Relations.
membership or representation in compact The Regional Trial Court (RTC) judges
farms, farmers cooperatives and other assigned to said courts shall exercise said
registered farmers associations or special jurisdiction in addition to the regular
organizations, related to lands covered by jurisdiction of their respective courts. The
the CARP and other agrarian laws; Special Agrarian Courts shall have the powers
e) Those involving the sale, alienation, and prerogatives inherent in or belonging to
mortgage, foreclosure, pre-emption and the Regional Trial Courts.
redemption of agricultural lands under the
coverage of the CARP or other agrarian SECTION 57. Special Jurisdiction. The
laws; Special Agrarian Courts shall have original
f) Those involving the issuance, correction and exclusive jurisdiction over all petitions for
and cancellation of Certificates of Land the determination of just compensation to
Ownership Award (CLOAs) and landowners, and the prosecution of all
Emancipation Patents (EPs) which are criminal offenses under this Act. The Rules of
registered with the Land Registration Court shall apply to all proceedings before the
Authority; Special Agrarian Courts, unless modified by
g) Those cases previously falling under the this Act. The Special Agrarian Courts shall
original and exclusive jurisdiction of the decide all appropriate cases under their
defunct Court of Agrarian Relations under special jurisdiction within thirty (30) days from
Section 12 of Presidential No. 946, except submission of the case for decision.
SECTION 60. Appeals. An appeal may be (PARCCOM), as herein provided, shall, in
taken from the decision of the Special turn, be given due notice thereof by the
Agrarian Courts by filing a petition for review BARC.
with the Court of Appeals within fifteen (15)
days receipt of notice of the decision; [The title of the land awarded under
otherwise, the decision shall become final. An the agrarian reform must indicate that it is an
appeal from the decision of the Court of emancipation patent or a certificate of land
Appeals, or from any order, ruling or decision ownership award and the subsequent transfer
of the DAR, as the case may be, shall be by a title must also indicate that it is an
petition for review with the Supreme Court emancipation patent or a certificate of land
within a non-extendible period of fifteen (15) ownership award.] included by R.A. 9700,
days from receipt of a copy of said decision. effective starting 1 July 2009.

SECTION 61. Procedure on Review. If the land has not yet been fully paid
Review by the Court of Appeals or the by the beneficiary, the right to the land may be
Supreme Court, as the case may be, shall be transferred or conveyed, with prior approval of
governed by the Rules of Court. The Court of the DAR, to any heir of the beneficiary or to
Appeals, however, may require the parties to any other beneficiary who, as a condition for
file simultaneous memoranda within a period such transfer or conveyance, shall cultivate
of fifteen (15) days from notice, after which the land himself. Failing compliance herewith,
the case is deemed submitted for decision. the land shall be transferred to the LBP which
shall give due notice of the availability of the
land in the manner specified in the
SALE OR TRANSFER OF AWARDED immediately preceding paragraph.
LANDS:
In the event of such transfer to the
Upon the effectivity of this Act, any LBP, the latter shall compensate the
sale, disposition, lease, management contract beneficiary in one lump sum for the amounts
or transfer of possession of private lands the latter has already paid, together with the
executed by the original landowner in violation value of improvements he has made on the
of this Act shall be null and void: Provided, land.
however, That those executed prior to this Act
shall be valid only when registered with the SEC. 70. Disposition of Private Agricultural
Register of Deeds within a period of three (3) Lands. The sale or disposition of
months after the effectivity of this Act. agricultural lands retained by a landowner as
Thereafter, all Registers of Deeds shall inform a consequence of Section 6 hereof shall be
the DAR within thirty (30) days of any valid as long as the total landholdings that
transaction involving agricultural lands in shall be owned by the transferee thereof
excess of five (5) hectares. inclusive of the land to be acquired shall not
exceed the landholdings ceilings provided for
SEC. 27. Transferability of Awarded Lands. in this Act. Any sale or disposition of
Lands acquired by beneficiaries under this Act agricultural lands after the effectivity of this
may not be sold, transferred or conveyed Act found to be contrary to the provisions
except through hereditary succession, or to hereof shall be null and void. Transferees of
the government, or to the LBP, or to other agricultural lands shall furnish the appropriate
qualified beneficiaries for a period of ten (10) Register of Deeds and the BARC with an
years: Provided, however, That the children or affidavit attesting that his total landholdings as
the spouse of the transferor shall have a right a result of the said acquisition do not exceed
to repurchase the land from the government the landholding ceiling. The Register of Deeds
or LBP within a period of two (2) years. Due shall not register the transfer of any
notice of the availability of the land shall be agricultural land without the submission of this
given by the LBP to the Barangay Agrarian sworn statement together with proof of service
Reform Committee (BARC) of the barangay of a copy thereof to the BARC.
where the land is situated. The Provincial
Agrarian Coordinating Committee
SEC. 73. Prohibited Acts and Omissions. (6%) per annum with a two percent (2%)
The following are prohibited: interest rebate for amortizations paid on time,
shall be paid by the farmer-beneficiary or his
(a) The ownership or possession, for the heirs to the Land Bank over a period up to
purpose of circumventing the provisions of twenty (20) years in twenty (20) equal annual
this Act, of agricultural lands in excess of the amortizations. Lands already valued and
total retention limits or award ceilings by any financed by the Land Bank are likewise
person, natural or juridical, except those extended a 20-year period of payment of
under collective ownership by farmer- twenty (20) equal annual amortizations.
beneficiaries. However, the farmer-beneficiary if he so
elects, may pay in full before the twentieth
B. PD 27
year or may request the Land Bank to
No title to the land owned by the structure a repayment period of less than
tenant-farmers under this Decree shall be twenty (20) years if the amount to be financed
actually issued to tenant-farmer unless and and the corresponding annual obligations are
until the tenant-farmer has become full- well within the farmer's capacity to meet.
fledged member of a duly recognized farmer's Ownership of lands acquired by the farmer-
cooperative; beneficiary may be transferred after full
payment of amortizations.
Title to land acquired pursuant to this
Decree or the Land Reform Program of the
Government shall not be transferable except INDEFEASIBILITY OF TITLES:
by hereditary succession or to the
Indefeasibility of title thereunder could be
Government in accordance with the provisions
claimed only if a previous valid title to the
of this Decree, the Code of Agrarian Reforms
same parcel of land does not exist. Where
and other existing laws and regulations
issuance of the title was attended by fraud,
C. EO 228, Section 6 the same cannot vest in the titled owner any
valid legal title to the land covered by it; and
Sec. 6. The total costs of the land the person in whose name the title was issued
including interest at the rate of six percent cannot transmit the same, for he has no true
title thereto.