Intreduetion Agrarian Law ‘Social Legislation CONTENTS CHAPTER 1 ‘THE COMPREHENSIVE AGRARIAN ‘REFORM LAW OF 1998 ‘History of Philippine Agrarian Laws ‘Meaning of Agrarian RetGE nen Apply ofthe Comprehensive Agrarian ‘Reform Law ‘Meaning of Agricultural Land... Coneutatonalty of the Compras Ararian ‘Reform Law. ‘The Primary Objective of Agrarian Reform “Meaning of Eeonomic Family. Size Farm. Falting of Livestock, Poultry or Fish Noi Eimbreced in tho Term “Agricul ur : Lands Covered by the Agrarian Reform Law. Lands Not Covered by the Agrarian Reform Law vos: Implementation Extended by Republic At No. 8700. ‘Rotontion right of the landowner. Gan a landowner who has already exercised hia rutention rights under Presidential Decree No. 27 bbe entitled to the retention right under the Comprehensive Agrarian Reform Law. (en pbs retain 5 hetres each under the ‘agrarian reform law. ‘Who ha the right to choose the retention area Can a landowner exercise ig right to rotention over the Tand which has already been covered by an Emancipation Patent or Certificate of Land Ownership Award 1 7 18 18‘Suppose the retention area chosen by the landowner is tenanted, what happens to the tenant. Emect ithe tenant chooses to remain in the ‘retained area . What isthe term ofthe Tease Effect ifthe Tenant Chooses to be a Beneficiary Children of the Landowner are Entitled to 3 hectares each, [Right of Homesteadere vis-a-vis Rights of Tenants Expropriation of Private Aastra Lands by Lc Government Units. ‘The Import ofthe Lave ‘Acquisition and Distribution Scheme. ai ‘Lands Posseased by Multinational Corporations are Covered by the CARL. ea ‘Ancestral land defined. ‘Ancestral lands exempted from the Agrarian Reform Law. Land classification inthe tax declaration is not camel in Lands classified as non-agricultural prior to the effectivity of the CARL are not covered. Lands with at least 18% slope ‘School sitea and eampuses.. a ‘Who has jurisdiction to exempt a property from agrarian reform coverage. ‘Mode of acquisition of commercial farm. Manner of distribution of commercial farms . ‘Qualifications of commereial Farm beneficiaries ss. ‘Who are disqualified to become commereal farm beneficiaries. Freedom of beneficiaries to choose the type of| agribusiness, ‘Types of agribusiness venture arrangements, Right of retention over commercial farms. Power of DAR to fx rentals. Applicability of the Law. ‘Purpose of the Law. Purpose of the Law. ‘The Compulsory Acquisition Proce. vu 18 19 a a 2 eaangese ‘Two notices are required for validity of implementation... Land acquisition procedure should be strictly construed... ‘When title or ownership of the land is transferred ‘othe State Opening of tru account does not eanstitute a Concept of just compensation ‘The factors sed in valuation of lands. ‘The basic formula when all factors are present. ‘The formula when GNI factor isnot present ‘The formula when CS factor ia not present. ‘The formula when CS and CNI factors are not present ‘Reckoning of valuation. Procedure for determination of just compensation wn. Role ofthe Department of Agrarian Reform ‘Adjudication Board (DARAB). ‘The valuation set by DAR not consiusive... Courts cannot disregard the formula... Consent of beneficiary not necessary in determining "just compensation, : ‘Mode of payment sn Landownir cannot insist in each payment only Features ofthe Land Bank bonds. Documentary requirements for veluntary offers forsale. ‘Voluntary land transfer no longer allowed “Mode of payment in voluntary land transfers. Who are eligible to become agrarian reform beneficiaries Qualifications of an agrarian reform beneficiary... ‘Special qualifications for farm workers in commercial farms ar plantations ei ‘Managerial farm workers not qualified to become Denefilae ‘Who are disqualified to become agrarian reform ‘beneficiaries. 2 Factors tobe considered in determining the size ‘of land to e awarded... ‘Transfer of ownerahip to the beneficiaries not automatic. ‘When don he DAR ne Certifeate of Land Owner Avard(CLOA).. CLOA is indefensible. Cancellation of CLOAS ve Grounds for Cancellation of CLOAS... & as B8E88 2 2 2 2 geeeeegeR are‘When will the rights and obligations of benefiiarios Obligations of Agrarian Reform Beneficiaries Individual titles for every benefit secnnes soe Conditions for issuance of collective tities. ‘Tie must inate dat tun EP of CLA Schedule of payment Basis of amortization, [Bfect of failure to pay the amorizations.. Sale or transfer of awarded lands prohibited ‘Meaning of hereditary succession Elect of sale or transfer to the Government ot ‘the Land Bank Can a bonoficiary who has not fully paid the amortizations sell the land to another CCan the beneficiary lease the land to another person... Can the beneicry lease the land tothe former land owner. ‘Right over standing crops at the tim of acqlaton. Modes of ditsbation + ae Entitlement to homelat and sina farniot ‘The schemes under Section 31 are no longer ate : ‘The Hacienda Luisita case... Section 82 ~ A Transitory Provision Section 32 — Declared unconstitutional with respect to livestock and poultry. ncn or Regular Piso or Prawn Far WoPk er nn Value of shares ‘The Land Bank now determines the valuation ‘The Import of the Law. Establishment of Agrarian Reform Communitio. Support services to beneficiaries ‘Meaning of Rural Women... Support Services for Landowner, ‘The Import ofthe Law Opening of agravian settlements in spacial areas ampontion ef th Presidential Arian frm Counal (PARC). Composition of the PARCCOM.. ‘Manner of implementation ofthe Agrarian "Reform Program. a Composition ofthe Barangay Agrarian Reform ‘Counell (BARC) x os n B % 4 5 % 6 7 n 8 78 eggeeee2 8 esesees ‘Munetions of the BARC under Bxocutive Order No. 229. Logal assistance Rulemaking power of DAR and PARC. "Two-Foldjarisdiction of the Department of ‘Agrarian Reform (DAR).. "The quas judicial jurisdiction of the DAR. ‘The quash judicial powors of the DAR. ‘The Provincial Agrarian Reform Adjudicators (PARAD) Appeal fom the decisions of the PARAD. ‘The Regional Agrarian Reform Adjudicators (RARAD) DARAB has no juriediction over matters pertaining to ownership. ARAB has no jurisdiction over retention or ‘exemption issues. DARAB has no jurisdiction over right of way iene ARAB has no juriadletion to identify and classify landholdings for agrarian reform eoverage x. ARAB has no jurisdiction over matters pertaining to ‘identification and selection of beneficiaries. Agrarian cate directly filed in court ~ action to be taken... eal personality of unregistered assiatons anne ‘be challenged. ‘uailal Review Frivolous or dilatory appeals. Prerequisite to fling of «complaint before the DARAB BARC Certification not needed in judicial determination of just compensation ‘The remedy from an adverse ruling ofthe DAR, ‘The Import af the Law. ‘The RTC should be designated as Spesial Agrarian Court. ‘Additional jurisdiction ofthe Special Agrarian ‘Court (SAC). Just compensation preliminarily determined by the DARAB should be fled with the SAC within ‘teen (15) days from notice nn Objections to the Commissioners report. Interloatory Orders. Remedy from adverse decision of the Special ‘Agrarian Court... : Remedy from adverse decision of the ‘Court of Appeal ‘The 16day period is non-extendible Applicability of the Rules of Court a 109 110 110 an ua na ua ng 119 19 120 120 121 at 128 18 129 129 19 130