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CARL

DISTRIBUTION LIMIT

Three Hectares

• Contiguous/Cumulated • Landless beneficiary

Already owns two hectares

• Can still own one

Landholding more than enough to accommodate everyone

• Order of priority

AWARD TO BENEFICIARIES

• WHEN DO THE RIGHTS AND RESPONSIBILITIES OF QUALIFIED BENEFICIARIES START?

• RECEIPT OF EP AND CLOA • ACTUAL PHYSICAL POSSESSION

• AWARD COMPLETED IN NOT MORE THAN 180 DAYS FROM REGISTRATION IN THE NAME OF THE RP

AWARD

USUFRUCTUARY RIGHTS

AS SOON AS DAR TAKES POSSESSION

MINISTERIAL DUTY OF THE RD TO REGISTER TITLE IN THE NAME OF THE RP

EXCLUSIVE AND ORIGINAL JURISDICTION OF THE DAR SECRETARY

CANCELLATION OF EP AND CLOA

TITLES

General Rule: Individual titles for individual farmer-beneficiary

Exception: Beneficiaries opt for collective ownership

Names of individual beneficiaries must be listed in the CLOA

PAYMENT BY BENEFICIARIES

Thirty (30) annual amortizations

6% per annum

Starts one year from the date of the CLOA registration

Occupancy after registration

Amortization starts one year from actual occupancy

PAYMENTS

First five annual payments not more than 5% of the value of the annual gross production

LBP’s lien over the awarded land Foreclosed for non-payment of an aggregate of three (3) annual amortizations

TRANSFERABILITY

Lands acquired by beneficiaries cannot be sold, transferred or conveyed for ten years, except through:

Hereditary succession To the government or the LBP

Right to repurchase

Other qualified beneficiaries

Lease not prohibited

With the permission of the DAR

CORPORATE FARMS

General Rule: Lands shall be directly distributed to the individual worker-beneficiaries

Exception: It may be owned collectively by workers who shall form cooperatives or association

Dividing land not economically feasible and sound

CORPORATE LANDOWNERS

Qualified beneficiaries may purchase shares of stock

Up to June 30, 2009

Hacienda Luisita, Inc. v. PARC, GR No. 171101, July 5, 2011

SUPPORT SERVICES

Office of Support Services

Irrigation facilities Infrastracture development Subsidies Price support and guarantee Credit Financial Assistance Research

SUPPORT SERVICES

For beneficiaries

Land surveys Agricultural credit facilities Marketing and management assistance Technology transfer Infrastracture

SUPPORT SERVICES

For Rural Women For Landowners

Investment information

Incentives under the

Exchange of bonds Marketing of bonds

PROGRAM IMPLEMENTATION

Presidential Agrarian Reform Council (PARC)

Composition EXCOM Secretariat Province-to-province implementation Power to issue rules and regulations

Provincial Agrarian Reform Coordinating Committee (PARCCOM)

Coordinates and monitors the implementation of the CARP in the province

PROGRAM IMPLEMENTATION

Barangay Agrarian Reform Committee (BARC)

Composition

 

Functions

 

Mediate

 

Issue a certificate of the proceedings

 

Identification

Initial Mapping

Credit Assistance

Initial Determination in the Value of the land

Delivery of support services

TWO-FOLD JURISDICTION OF THE DAR

Executive

Enforcement and administration of the laws Practical operations DAR Regional Office

Judicial

Determination of the rights and obligations of the parties DARAB

Jurisdiction

DARAB

Primary Appellate over orders and decisions of the Agrarian Reform Adjudicators

AUTHORITY OF THE DARAB

Hear and decide cases within its jurisdiction Summon witnesses Administer oaths Take testimony Issue subpoena Issue writs of execution Punish direct or indirect contempt

PARAD

Provincial Agrarian Reform Adjudicators

Primary and exclusive jurisdiction to hear and decide agrarian reform disputes

Isidro v. Court of Appeals, 216 SCRA 503

Mere fact that land is agricultural does not make dispute agrarian

JURISDICTION OF THE PARAD

Rights and obligations of parties engaged in the management, cultivation and use of agricultural lands Administrative determination of just compensation Annulment or rescission of leas contracts or deeds of sale Ejectment of tenants Sale, alienation, pre-emption of agricultural lands

JURISDICTION OF THE PARAD

Correction, partition, secondary and subsequent issuances of CLOA and EP

Review of leasehold rentals Collection of amortization payments Boundary disputes

Those falling with in the original and exclusive jurisdiction of the defunct CAR

APPEAL

Decisions of the PARAD are appealable to the DAR Adjudication Board (DARAB) within fifteen days.

RARAD

Regional Agrarian Reform Adjudicators (RARAD)

Executive adjudicator Cases that cannot be handled by the PARAD Complex cases Just compensation P10M to P50M Writ of preliminary injunction or TRO

DARAB HAS NO JURISDICTION OVER

Cases pertaining to ownership

No agrarian dispute (Heirs of Herman Rey Santos v. CA)

Retention or exemption issues

Administrative

Right of way issues

Laguna Estates v. Court of Appeals

DARAB HAS NO JURISDICTION

To identify and classify landholdings

Secretary of Agrarian Reform

Identification and Selection of Beneficiaries

MARO/PARO

EXCLUSIVE JURISDICTION

Court or Prosecutor

Allegation that it is agrarian

Refer to the DAR (15 days to determine) Appealable

FINALITY OF DETERMINATION

Decided within thirty days One motion for reconsideration Final after fifteen days

JUDICIAL REVIEW

Certiorari (Rule 43) No restraining order or injunction

Except the Supreme Court

Special Agrarian Court

Just compensation Prosecution of offenses

Appealable to the CA under Rule 43

CONVERSION OF LANDS

Five years from award

Land ceases to be economically feasible and sound for agricultural purposes

Locality has become urbanized

Residential, commercial or industrial

CONVERSION

Beneficiary/landowner applies with the DAR

Beneficiary invests 10% of proceeds to government securities

Applicant shall fully pay the purchase price of the land

CONVERSION V. RECLASSIFICATION

Conversion is the act of changing the current use of a piece of agricultural land.

Reclassification is the act of specifying how agricultural land shall be utilized for non-agricultural purposes

Does not automatically allow landowner to change its use.

LANDS THAT CANNOT ABSOLUTELY BE SUBJECT TO CONVERSION

Agricultural lands within protected areas Irrigated lands All irrigable lands All agricultural lands with irrigation facilities

HIGHLY RESTRICTED FROM CONVERSION

Irrigable lands not covered by projects but with firm funding commitment

Agro-industrial croplands Highlands VLT Environmentally critical areas

EXEMPTIONS

Capital Gains Tax Free Registration of Patents and Titles Other applicable taxes and fees

TRANSFER OF RETAINED AREA

Valid as long as total landholdings that shall be owned by the transferee thereof inclusive of the land to be acquired shall not exceed the landholding ceiling

BANKS

May acquire title to these mortgaged properties

New landowner before the deposit of just compensation

PROHIBITED ACTS AND OMISSIONS

Ownership or possession in excess of total retention limits Forcible entry Conversion to avoid the law Obstruction in the implementation of the CARP Transfer or change of nature of lands outside urban centers

Transfer by beneficiary of the right to use or any other usufructuary rights

Acts of government officers

PENALTIES

IMPRISONMENT

ONE MONTH TO TWELVE YEARS OR FINE RANGING FROM ONE THOUSAND TO ONE MILLION PESOS