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
LBPs 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

DARAB
Jurisdiction
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