Compulsory

Acquisition
Presentation by Atty. Ferdinand M. Casis
Ateneo Law School
 Application
1. All private agricultural lands without
Notices of Coverage (NOCs)
2. Private agricultural lands with NOCs
but no finalized list of ARBs as of 01
July 2009
AO No. 2, 2009
Beyond 30 June 2014
The acquisition and distribution be
completed by June 30, 2014.
However, the process shall continue
when NOCs are issued.
 Public Agricultural
Lands
1. DENR’s Jurisdiction
2. DAR’s Jurisdiction – Deemed Private
a. Continuous Occupation – 4 Dec 1972;
b. A & D land as of 4 Dec 1972;
c. Payment of property taxes; and
d. No adverse claim.
 Phases
Date Land Size
• 1 July 2009 to 30 • Phase 1 (> 50) to
June 2012 Phase 2-A (24 – 50)
• 1 July 2012 to 30 • Phase 2-B to 3-A (10 –
June 2013 24)
• 1 July 2013 to 30 • Phase 3-B (>5)
June 2014
• Sec 6 for Co-owners
 Outside Coverage
1. Section 7 – Exclusions
2. Section 8 – Exempted
 Exclusions
1. All undeveloped lands with 18% slope
2. Lands classified as non-agricultural as
of 15 June 1988
3. All ancestral lands/domain
4. Retention areas
5. Less than 5 hectares
 Exemptions
Section 10 of RA 6657
Notice of Coverage
Landowner: either
a. As stated in title
b. If untitled – As stated in
Tax Declaration
 Service of NOCs
1. Personal
2. Substituted Service
3. Extraterritorial Service
4. Publication
 Personal Service
1. Registered Landowner
2. Co-owners – all co-owners
3. Minor – Parents or legal
guardian
4. Incompetent – Legal guardian
 Personal Service
5. Entity without legal personality
– generally known name or
office
6. Entity with legal personality –
Officer
7. Deceased – Administrator or
all known heirs
 Substituted Service
1. Landowner is not present or
refused to accept
a. Leaving a copy of the NOC in
the last known address with
person of suitable age and
discretion
b. Office or business
 Extraterritorial
Service
1. Registered mail
2. Last known address abroad
 Publication
1. Unknown address
2. No substituted person
 Protest/Retention
1. 30 days from receipt of NOC or
later date between posting and
publication
2. Options:
a. Protest against coverage
b. Nominate children as ARBs
c. Manifest for Exemption/Exclusion
d. Manifest – Right of Retention
 Retention
1. 5 hectares
2. 7 hectares for PD 27 lands
3. Homestead and free patents
provided still cultivating the land
4. LGUs – No 5 hectare limit if lands
are for public use
 Retention Area
1. Compact
2. Contiguous
 Tenants
1. Retention Area
2. 1 year to decide:
a. Be an ARB or
b. Remain as a tenant
 Children
1. Filipino;
2. 15 years of age as of 15 June 1988;
3. Actually tilling or directly managing
the farm as of the time of
investigation