LAND ACQUISITION

What is CARP (Comprehensive Agrarian

Reform Program), or RA 6657?
 CARP, or the Comprehensive Agrarian Reform Program, is
the redistribution of public and private agricultural lands
to farmers and farmworkers who are landless, irrespective
of tenurial arrangement.
 CARP’s vision is to have an equitable land ownership with
empowered agrarian reform beneficiaries who can
effectively manage their economic and social
development to have a better quality of life.

One of the major programs of CARP is Land Tenure Improvement,
which seeks to hasten distribution of lands to landless farmers.
Similarly, the Department offers Support Services to the
beneficiaries such as infrastructure facilities, marketing
assistance program, credit assistance program, and technical
support programs. Furthermore, the department seeks to
facilitate, resolve cases and deliver Agrarian Justice.

 The legal basis for CARP is the Republic Act No. 6657 otherwise
known as Comprehensive Agrarian Reform Law (CARL) signed by
President Corazon C. Aquino on June 10, 1988. It is an act which
aims to promote social justice and industrialization, providing
the mechanism for its implementation, and for other purposes.
 Modes of Acquisition
• Operation Land Transfer (OLT)
• Voluntary Offer to Sell (VOS)
• Voluntary Land Transfer/Direct Payment
Scheme (VLT/DPS)
• Compulsory Acquisition (CA)
• Voluntary Stock Distribution (VSD) in the case
Operation Land Transfer (OLT)

 Isa mechanism established for the implementation of

P.D. 27.
 Itis a mode by which ownership of tenanted rice and
corn lands is transferred to tenant beneficiaries.

 But for the lands to come under OLT, there must first be
a showing that they are tenanted lands.
Voluntary Offer to Sell (VOS)
 Is a scheme whereby the land-owners voluntarily offer
their agricultural lands for coverage regardless of phasing.
 It may be rejected if the landholding is not suitable for
agriculture, or has a slope of more than 18% and is
undeveloped.

General rule: withdrawal of VOS shall no longer be allowed

after the receipt by the DAR of the offer.

* Landownners, other than banks and other financial

institutions, who voluntarily offer their lands for sale shall
be entitled to an additional five percent (5%) cash payment.
Voluntary Land Transfer/ Direct
Payment Scheme (VLT/DPS)
 Is a mode of acquisition whereby the landowner and
the beneficiary enter into a voluntary arrangement
for the direct transfer of the lands to the latter.

 Not all private agricultural lands may be the subject

of voluntary transfer. For instance, lands mortgaged
with banking and/ or financial institutions cannot be
the subject of VLT/DPS.
Compulsory Acquisition (CA)

 Is a mode whereby the land is expropriated by the

State in accordance with the procedure outlined
in Sec.16 of RA 6657.
For purposes of acquisition of private lands,
the following procedure shall be followed:

(a) After having identified the land, the landowners and the
beneficiaries, the DAR shall send its notice to acquire the
land to the owners thereof, by personal delivery or
registered mail, and post the same in a conspicuous place in
the municipal building and barangay hall of the place where
the property is located. Said notice shall contain the offer of
the DAR to pay a corresponding value in accordance with the
valuation set forth in Sections 17, 18, and other pertinent
provisions hereof.
(b) Within thirty (30) days from the date of receipt of written
notice by personal delivery or registered mail, the landowner, his
administrator or representative shall inform the DAR of his
acceptance or rejection of the offer.

(c) If the landowner accepts the offer of the DAR, the Land Bank of
the Philippines (LBP) shall pay the landowner the purchase price of
the land within thirty (30) days after he executes and delivers a
deed of transfer in favor of the government and surrenders the
certificate of title and other monuments of title.
(d) In case of rejection or failure to reply, the DAR
shall conduct summary administrative proceedings
to determine the compensation for the land
requiring the landowner, the LBP and other
interested parties to submit evidence as to the just
compensation for the land, within fifteen (15) days
from the receipt of the notice. After the expiration
of the above period, the matter is deemed
submitted for decision. The DAR shall decide the
case within thirty (30) days after it is submitted for
decision.
(e) Upon receipt by the landowner of the corresponding payment
or, in case of rejection or no response from the landowner, upon
the deposit with an accessible bank designated by the DAR of the
compensation in cash or in LBP bonds in accordance with this Act,
the DAR shall take immediate possession of the land and shall
request the proper Register of Deeds to issue a Transfer
Certificate of Title (TCT) in the name of the Republic of the
Philippines. The DAR shall thereafter proceed with the
redistribution of the land to the qualified beneficiaries.

(f) Any party who disagrees with the decision may bring the
matter to the court of proper jurisdiction for final determination
of just compensation.70
LAND Acquisition

* Pursuant to Sec. 3 of RA 9700, the landholding of land

owners owning a total of five (5) hectares or less= not
subject of acquisition and distribution under CARP.

 Landholdings above 5 hectares which where offered

under voluntary land transfer (VLT), but not approved
by DAR= shall be covered under COMPULSORY
ACQUISITION (CA)

 All VLT applications SUBMITTED to DAR after June 30,

2009= shall no longer be processed
 Landowners who have voluntarily offered their landholdings for
coverage under CARP and those who have previously waived to
retain= disqualified from becoming Agrarian Reform Beneficiaries
(ARBs) of other landholdings being covered or to be covered under
CARP

 Children of the same Los who were not nominated as preferred

beneficiaries= disqualified from becoming ARB in another
landholding.

 For tenanted lands or land under leasehold, the ARBs shall continue
to pay their lease rentals as tenants/leases based on their leasehold
contracts until such time that Land Bank Phil. (LBP issues a
Certification of Deposit (COD).
 General Rule: Untitled (A & D) lands Are within the jurisdiction
of DENR pursuant to Public Land Act (CA no.141)

 However, subject lands are deemed “private” and for coverage

by DAR, on the following requisites:
1. Continuous occupancy and cultivation by oneself or through one’s
predecessors-in-interest for at least 30 years prior to the effectivity of
RA no. 9176 (December 4, 2002);
2. the land must have been classified as (A & D) for at least 30 years
prior to the effectivity of RA 9176;
3. one must have paid the real estate tax thereon; and
4. there are no adverse claim on the land.
 In cases where the DAR where the DAR and DENR have
jointly identified specific untitled properties that may be
covered under the LAD component of CARP, the DENR-
Community Environment and Natural Resources Office
(CENRO)/ Provincial Environment and Natural Resources
Office (PENRO) or Regional Technical Director (RTD)- Land
Management Service (LMS)
= shall issue the certification that the subject tract of land is
within an area classified as A&D
 DAR and DENR= Certification
 DARPO to ROD= segregation of the corresponding
original copy of Cert of Title from the regular volume
or files of the Registry, and
 the compilation of the same in a new separate
volume (CARP volume).
 ThisCARP Volume, shall be treated as a restricted
volume and subject to clearance in writing from
PARO.
 The maintenance of which shall be undertaken by
the LRA-CARP personnel under the supervision of
ROD.
 GENERAL Rule: the conduct of survey to determine land
use, segregation of coverable and not coverable area,
and subdivision survey SHALL be undertaken prior to
field investigation (FI). The PARO shall ensure that all
field survey activities shall be completed before the
conduct of FI.

 However, in the event that the finalization of the

master list of ARBs will necessitate resolution of
petitions for inclusion or exclusion of ARBs in the master
list, the PARO shall inform the LBP regarding the matter,
in which case, the conduct of subdivision survey will
come after the FI or upon the finalization of the master
list of ARBs.
 A land owner-mortgagor of a foreclosed agricultural
land where the two-year right of redemption period
has already expired and is subsequently to be covered
under CARP, cannot qualify as an ARB on the
foreclosed land notwithstanding his being in actual
possession and cultivation thereof.

 The DAR shall be responsible for taking possession of

the land by negotiating or filing of the appropriate
case, if necessary, and to successfully install the
qualified ARBs.
Land Valuation and LandOwner
Compensation
 The compensation for lands covered under RA 9700
shall be:

a. The amount determined in accordance with the

criteria provided for in section 7 of the said law and
existing guidelines od land valuation; or

b. The value based on the order of the DAR

Adjudication Board (DARAB) or the regular court,
which has become final and executory.
Farmer Beneficiary Identification, screening and
Selection:
Farmer Beneficiary Identification, screening
and Selection:
Qualified beneficiaries shall be qualified as
follows:
1. Agricultural lessees, share tenants and regular farm
workers;
2. Seasonal farmworkers;
3. Other farmworkers;
4. Actual tillers or occupants of the lands;
5. Collective or cooperatives of the above beneficiaries;
and
6. Others directly working on the land.