Professional Documents
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Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled
Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled
Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled
i.Comprehensive agrarian reform Program (CARP). The welfare of the Program (CARP). The welfare of the
program landless farmers and farmworkers will landless farmers and farmworkers will
d. Comprehensive Agrarian reform Law of 1988 receive the highest consideration to receive the highest consideration to
i. Cover all public and private agricultural promote social justice and to move the promote social justice and to move the
nation toward sound rural nation toward sound rural
lands
development and industrialization, development and industrialization,
e. R.A. Nos. 7881, 7905, 8532 and 9700 and the establishment of owner and the establishment of owner
cultivatorship of economic-size farms cultivatorship of economic-size farms
MEANING OF AGRARIAN REFORM as the basis of Philippine agriculture. as the basis of Philippine agriculture.
- Physical redistribution of lands, regardless of crops or fruits To this end, a more equitable The State shall promote
produced to farmers and regular famers who are landless and distribution and ownership of land, industrialization and full employment
irrespective of tenurial arrangement with due regard to the rights of based on sound agricultural
landowners to just compensation and development and agrarian reform,
- to include the totality of factors and support services to the ecological needs of the nation, through industries that make full and
designed to lift the economic status of beneficiaries and all shall be undertaken to provide farmers efficient use of human and natural
other arrangements alternative to the physical redistribution and farmworkers with the opportunity resources, and which are competitive
of the lands, which will allow beneficiaries to receive a just to enhance their dignity and improve in both domestic and foreign
share of the fruits of the land they work, such as the quality of their lives through markets: Provided, That the
production or profit sharing, greater productivity of agricultural conversion of agricultural lands into
lands. industrial, commercial or residential
labor administration, and
lands shall take into account, tillers'
distribution of shares of stock rights and national food
security.Further, the State shall
COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 The agrarian reform program is protect Filipino enterprises against
founded on the right of farmers and unfair foreign competition and trade
- basis for the implementation of the CARP regular farmworkers, who are practices.
- embodies the state policy of processing the program aimed landless, to own directly or
at liberating the vast potential wealth of the Philippine collectively the lands they till or, in
agriculture by giving the majority of Filipinos a real and the case of other farm workers, to
receive a just share of the fruits The State recognizes that there is not
rightful stake in the land
thereof. To this end, the State shall enough agricultural land to be divided
COMPREHENSIVE AGRARIAN REFORM PROGRAM encourage and undertake the just and distributed to each farmer and
distribution of all agricultural lands, regular farmworker so that each one
- a social justice and poverty alleviation program which seeks subject to the priorities and retention can own his/her economic-size family
limits set forth in this Act, having farm. This being the case, a
to empower the lives of agrarian reform beneficiaries
taken into account ecological, meaningful agrarian reform program
through equitable distribution and the ownership of the land developmental, and equity to uplift the lives and economic status
based on the principle of land to the tiller. considerations, and subject to the of the farmer and his/her children can
payment of just compensation. The only be achieved through
REASON FOR ALTERNATIVES TO LAND DISTRIBUTION - State shall respect the right of small simultaneous industrialization aimed
Confining agrarian reform to land distribution is not feasible because landowners, and shall provide at developing a self-reliant and
there is not enough agricultural land to be distributed to every farmer incentives for voluntary land-sharing. independent national economy
or regular farm workers effectively controlled by Filipinos.
The State shall recognize the right of
CARL APPLIES ONLY TO AGRICULTURAL LAND farmers, farmworkers and
landowners, as well as cooperatives
- Lands that are: and other independent farmers' To this end, the State may, in the
interest of national welfare or defense,
Devoted to agricultural activities organizations, to participate in the
planning, organization, and establish and operate vital industries.
Arable and suitable for farming
management of the program, and shall
Prior to June 15, 1988, not classified for provide support to agriculture through
commercial, residential or industrial use under a appropriate technology and research,
A more equitable distribution and
local government town plan and zoning ordinance and adequate financial production,
ownership of land, with due regard to
as approved by the Housing Land Use Regulatory marketing and other support services.
the rights of landowners to just
Board compensation, retention rights under
The State shall apply the principles of
agrarian reform, or stewardship, Section 6 of Republic Act No. 6657, as
CARL DOES NOT APPLY TO: (CRIM-F) amended, and to the ecological needs
whenever applicable, in accordance
with law, in the disposition or of the nation, shall be undertaken to
1. Commercial Land provide farmers and farmworkers
2. Residential Land utilization of other natural resources,
including lands of the public domain, with the opportunity to enhance their
3. Industrial Land under lease or concession, suitable to dignity and improve the quality of
4. Mineral Land agriculture, subject to prior rights, their lives through greater
5. Forest Land homestead rights of small settlers and productivity of agricultural lands.
the rights of indigenous communities
CONSTITUTIONALITY OF CARP – valid exercise of police to their ancestral lands.
The agrarian reform program is
power founded on the right of farmers and
The State may resettle landless regular farmworkers, who are
SECTION 2. Declaration of Principles and Policies. (as amended farmers and farmworkers in its own landless, to own directly or
agricultural estates, which shall be collectively the lands they till or, in the
by Section 1, RA 9700
distributed to them in the manner case of other farmworkers, to receive
It is the policy of the State to pursue a It is the policy of the State to pursue a provided by law. a just share of the fruits thereof. To
Comprehensive Agrarian Reform Comprehensive Agrarian Reform this end, the State shall encourage
Agrarian Law and Social Legislation Artemis Notes 3
By means of appropriate incentives, and undertake the just distribution of constituted by individual beneficiaries
the State shall encourage the all agricultural lands, subject to the and small landowners.
formation and maintenance of priorities and retention limits set forth
economic-size family farms to be in this Act, taking into account The State shall protect the rights of
constituted by individual beneficiaries ecological, developmental, and equity subsistence fishermen, especially of
and small landowners. considerations, and subject to the local communities, to the preferential
payment of just compensation. The use of communal marine and fishing
State shall respect the right of small resources, both inland and offshore. It
landowners, and shall provide shall provide support to such
incentive for voluntary land-sharing. fishermen through appropriate
technology and research, adequate
The State shall protect the rights of As much as practicable, the financial, production and marketing
subsistence fishermen, especially of implementation of the program shall assistance and other services. The
local communities, to the preferential be community-based to assure, among State shall also protect, develop and
use of communal marine and fishing others, that the farmers shall have conserve such resources. The
resources, both inland and offshore. It greater control of farmgate prices, protection shall extend to offshore
shall provide support to such and easier access to credit. fishing grounds of subsistence
fishermen through appropriate fishermen against foreign intrusion.
technology and research, adequate Fishworkers shall receive a just share
financial, production and marketing from their labor in the utilization of
assistance and other services. The marine and fishing resources.
State shall also protect, develop and
conserve such resources. The The State shall recognize the right of The State shall be guided by the
protection shall extend to offshore farmers, farmworkers and principles that land has a social
fishing grounds of subsistence landowners, as well as cooperatives function and land ownership has a
fishermen against foreign intrusion. and other independent farmers’ social responsibility. Owners of
Fishworkers shall receive a just share organizations, to participate in the agricultural land have the obligation to
from their labor in the utilization of planning, organization, and cultivate directly or through labor
marine and fishing resources. management of the program, and shall administration the lands they own and
provide support to agriculture through thereby make the land productive.
The State shall be guided by the appropriate technology and research,
principles that land has a social and adequate financial, production, The State shall provide incentives to
function and land ownership has a marketing and other support services. landowners to invest the proceeds of
social responsibility. Owners of the agrarian reform program to
agricultural lands have the obligation The State shall recognize and enforce, promote industrialization,
to cultivate directly or through labor consistent with existing laws, the employment and privatization of
administration the lands they own and rights of rural women to own and public sector enterprises. Financial
thereby make the land productive. control land, taking into instruments used as payment for lands
consideration the substantive equality shall contain features that shall
between men and women as qualified enhance negotiability and
beneficiaries, to receive a just share of acceptability in the marketplace.
The State shall provide incentives to the fruits thereof, and to be
landowners to invest the proceeds of represented in advisory or The State may lease undeveloped
the agrarian reform program to appropriate decision-making bodies. lands of the public domain to qualified
promote industrialization, These rights shall be independent of entities for the development of capital-
employment and privatization of their male relatives and of their civil intensive farms, and traditional and
public sector enterprises. Financial status. pioneering crops especially those for
instruments used as payment for lands exports subject to the prior rights of
shall contain features that shall The State shall apply the principles of the beneficiaries under this Act.
enhance negotiability and agrarian reform, or stewardship,
acceptability in the marketplace. whenever applicable, in accordance
with law, in the disposition or
utilization of other natural resources, PRIMARY OBJECTIVE OF AGRARIAN REFORM
including lands of the public domain,
The State may lease undeveloped under lease or concession, suitable to - Breakup agricultural lands to transform them into economic
lands of the public domain to qualified agriculture, subject to prior rights, size farms to be owned by farmers themselves, to uplift their
entities for the development of capital- homestead rights of small settlers and economic status.
intensive farms, and traditional and the rights of indigenous communities - Founded on the right of landless farmers and landless regular
pioneering crops especially those for to their ancestral lands.
exports subject to the prior rights of
farm workers to directly or collectively own the lands they
the beneficiaries under this Act. till or in case of farm workers, to receive a just share in fruits
thereof.
The State may resettle landless - Does not guarantee improvement in lives of the agrarian
farmers and farm workers in its own reform beneficiaries, but it merely provides for possibility of
agricultural estates, which shall be favorable chance of uplifting economic status of the agrarian
distributed to them in the manner reform beneficiaries
provided by law.
OWNER-CULTIVATORSHIP
By means of appropriate incentives,
the State shall encourage the - Refers to the state of a person who not only provides capital
formation and maintenance of
economic-size family farms to be
and management, but also personally cultivates his own land
with the aid of his immediate family and household
- area of farm land that permits efficient use of labor and cultivation of land or the production of cultivation of land or the production of
capital resources of the farm family and will produce an agricultural crops, either by himself, agricultural crops livestock and/or
income sufficient to provide a modest standard of living to or primarily with the assistance of his fisheries either by himself/herself, or
meet a farm family’s needs for food, clothing, shelter and immediate farm household, whether primarily with the assistance of his/her
the land is owned by him, or by immediate farm household, whether
education with possible allowance for payments of yearly another person under a leasehold or the land is owned by him/her, or by
installments on the land and reasonable reserves to absorb share tenancy agreement or another person under a leasehold or
yearly fluctuations of income arrangement with the owner thereof. share tenancy agreement or
arrangement with the owner
SOCIAL FUNCTION OF LAND thereof (as amended by Section 2,
RA 9700)
- land: social function and social responsibility
- Agricultural land owners: obligation to cultivate directly or (g) Farmworker is a natural person who renders service for value as an
through labor administration the lands they own and thereby employee or laborer in an agricultural enterprise or farm regardless of whether
make the land productive. his compensation is paid on a daily, weekly, monthly or "pakyaw" basis. The
- Duty of the state to promote distributive justice and term includes an individual whose work has ceased as a consequence of, or in
intervene when the common good requires connection with, a pending agrarian dispute and who has not obtained a
substantially equivalent and regular farm employment.
such farming operations done by persons includes an individual whose work has
whether natural or juridical. (amended) ceased as a consequence of, or in
connection with, a pending agrarian
dispute and who has not obtained a
substantially equivalent and regular farm
Agricultural Land land devoted to agricultural activity as employment.
defined in this Act and
not classified as mineral, forest, Regular natural person who is employed on a
residential, commercial or industrial land. Farmworker permanent basis by an agricultural
enterprise or farm
Agrarian Dispute any controversy relating to tenurial Seasonal natural person who is employed on a
Farmworker recurrent, periodic or intermittent basis by
arrangements, whether leasehold,
tenancy, stewardship or otherwise, over an agricultural enterprise or farm, whether
lands devoted to agriculture, including as a permanent or a non-permanent
disputes concerning farmworkers' laborer, such as "dumaan", "sacada", and
associations or representation of persons the like
in negotiating, fixing, maintaining, Other farmworker who is not regular or seasonal
changing, or seeking to arrange terms or Farmworker farmworker
conditions of such tenurial arrangements.
includes any controversy relating to
compensation of lands acquired under this Cooperatives organizations composed primarily of
Act and other terms and conditions of
small agricultural producers, farmers,
transfer of ownership from landowners to
farmworkers, or other agrarian reform
farmworkers, tenants and other agrarian
beneficiaries who voluntarily organize
reform beneficiaries, whether the
themselves for the purpose of pooling
disputants stand in the proximate relation
land, human, technological, financial or
of farm operator and beneficiary,
other economic resources, and operated
landowner and tenant, or lessor and lessee
on the principle of one member, one vote
Idle or any agricultural land not cultivated, tilled juridical person may be a member of a
Abandoned Land or developed to produce any crop nor cooperative, with the same rights and
devoted to any specific economic purpose duties as a natural person.
continuously for a period of three (3) years
Rural women women who are engaged directly or
immediately prior to the receipt of notice
indirectly in farming and/or fishing as
of acquisition by the government as
their source of livelihood, whether paid or
provided under this Act,
unpaid, regular or seasonal, or in food
does not include land that has
preparation, managing the household,
become permanently or regularly
caring for the children, and other similar
devoted to non-agricultural purposes.
activities
does not include land which has
become unproductive by reason of
force majeure or any other fortuitous
RAISING OF LIVESTOCK, POULTRY OR FISH NOT
event, provided that prior to such
EMBRACED IN THE TERM AGRICULTURE
event, such land was previously used
for agricultural or other economic
purpose. - Lands devoted to raising of livestock, poultry and swine are
exempt from the agrarian reform program because they are
Farmer a natural person whose primary livelihood industrial land, not agricultural.
is cultivation of land or the production of
agricultural crops, livestock and/or CHAPTER II
fisheries either by himself/herself, or Coverage
primarily with the assistance of his/her
immediate farm household, SECTION 4. Scope. —
whether the land is owned by him/her, or
by another person under a leasehold or
share tenancy agreement or arrangement The Comprehensive Agrarian Reform The Comprehensive Agrarian Reform
with the owner thereof. Law of 1988 shall cover, regardless of Law of 1988 shall cover, regardless of
tenurial arrangement and commodity tenurial arrangement and commodity
Farmworker natural person who renders service for produced, all public and private produced, all public and private
value as an employee or laborer in an agricultural lands, as provided in agricultural lands as provided in
Proclamation No. 131 and Executive Proclamation No. 131 and Executive
agricultural enterprise or farm Order No. 229, including other lands Order No. 229, including other lands
regardless of whether his compensation is of the public domain suitable for of the public domain suitable for
paid on a daily, weekly, monthly or agriculture. agriculture:Provided, That
"pakyaw" basis landholdings of landowners with a
Agrarian Law and Social Legislation Artemis Notes 6
total area of five (5) hectares and for acquisition and distribution to qualified
below shall not be covered for beneficiaries
acquisition and distribution to 2. Lands actually, directly and exclusively used for parks,
qualified beneficiaries. wildlife, forest reserves, reforestation, fish sanctuaries and
breeding grounds, watersheds and mangroves
More specifically the following lands More specifically, the following lands
are covered by the Comprehensive
3. private lands actually, directly, and exclusively used for
are covered by the CARP:
Agrarian Reform Program: prawn farms and fishponds.
4. Lands actually, directly, and exclusively used and found to
(a) All alienable and disposable lands be necessary for
(a) All alienable and disposable lands of the public domain devoted to or
of the public domain devoted to or suitable for agriculture. No
a. National defense
suitable for agriculture. No reclassification of forest or mineral b. School sites and campuses
reclassification of forest or mineral lands to agricultural lands shall be c. Experimental farm stations operated for
lands to agricultural lands shall be undertaken after the approval of this educational purposes
undertaken after the approval of this Act until Congress, taking into d. Seeds and seedling research and pilot production
Act until Congress, taking into account ecological, developmental center
account ecological, developmental and equity considerations, shall have e. Church sites and convents appurtenant thereto
and equity considerations, shall have determined by law, the specific limits
determined by law, the specific limits f. Mosque sites and Islamic centers appurtenant
of the public domain;
of the public domain. thereto
g. Communal burial grounds and cemeteries
h. Penal colonies and penal farms actually worked by
(b) All lands of the public domain in (b) All lands of the public domain in the inmates
excess of the specific limits as excess of the specific limits as i. Research and quarantine centers
determined by Congress in the determined by Congress in the j. All lands with 18% slope and over, except those
preceding paragraph; preceding paragraph; already developed.
(c) All other lands owned by the (c) All other lands owned by the
Government devoted to or suitable for Government devoted to or suitable for
agriculture; and agriculture; and
Upon the effectivity of this Act, any sale, disposition, lease, management
- Emancipation Patent or Certificate of Land Ownership
contract or transfer of possession of private lands executed by the original Award to beneficiaries does not absolutely bar landowner
landowner in violation of this Act shall be null and void: provided, however, from retaining area covered
that those executed prior to this Act shall be valid only when registered with the - If landowner is deprived of right to retention, he may file a
Register of Deeds within a period of three (3) months after the effectivity of this petition for cancellation of EP or CLOA issued to the tenants
Act. Thereafter, all Registers of Deeds shall inform the Department of Agrarian EP or CLOA may be cancelled if land covered is
Reform (DAR) within thirty (30) days of any transaction involving agricultural found to be part of landowner’s retained area
lands in excess of five (5) hectares.
Cultivate and take care of the farm, growing crops ex. Child already owns 3 hectares of agricultural
and other improvements on the landholding as a land, he can still be awarded 2 hectares from his
good father of a family and perform work in parents landholding .
accordance with proven farm practices - Land awarded to qualified children of landowners cannot be
Inform agricultural lessor within a reasonable time sold, transferred, conveyed within a period of 10 years
of any trespass committed by 3rd persons upon except
farm, without prejudice to his direct action against Hereditary succession
the trespasser To the government
Take reasonable care of work animals and farm land Bank of the Philippines
implements delivered to him by agricultural lessor other qualified beneficiaries
and see that they are not used for purposes other - Children or spouse can repurchase land from government or
than those intended or used by another without the land bank within 2 years from date of transfer
knowledge and consent of the agricultural lessor
Notify agricultural lessor at least 3 days before RIGHT OF HOMESTEADERS3 VIS A VIS RIGHT OF
date of harvesting or threshing TENANTS
Pay lease rental to agricultural lessor when due
- Constitution and CARL respect the superiority of rights of
homesteaders over rights of tenants
Art 13 Sec 6 - The State shall apply the principles
TERM OF THE LEASE- AGRICULTURAL LEASEHOLD of agrarian reform or stewardship, whenever
RELATION IS EXTINGUISHED BY applicable in accordance with law, in the
disposition or utilization of other natural
- Abandonment or voluntary surrender of land holding by resources, including lands of the public domain
lessee under lease or concession suitable to agriculture,
- Absence of successor in event of death or permanent subject to prior rights, homestead rights of small
incapacity of lessee settlers, and the rights of indigenous communities
Surviving Spouse to their ancestral lands.
Eldest direct descendant by consanguinity CARL Sec 6 - that original homestead grantees or
Next eldest descendant or descendants in order of their direct compulsory heirs who still own the
their age original homestead at the time of the approval of
- Death or incapacity of the lessee does not necessarily this Act shall retain the same areas as long as they
extinguish the leasehold relation because the leasehold continue to cultivate said homestead
continues between agricultural lessor and person who can - Agrarian Reform is a remedial measure pursuant to social
cultivate the landholding personally justice precept of the Constitution but it was not meant to
- Agricultural leasehold is not terminated or extinguished by defeat the very purpose of the enactment of CA 141/
mere expiration of the term or period in a leasehold contract Homestead Act
- Not terminated by transfer of ownership or legal possession enacted for welfare and protection of the poor
of the landholding Gives a needy citizen a piece of land where he may
if agricultural lessor transfers ownership or legal build a modest house for himself and family and
possession of landholding, transferee becomes plant what is necessary for substinence and
agricultural lessor satisfaction of life’s other needs
- Owners or direct compulsory heirs of lands acquired through
EFFECT IF THE TENANT CHOOSES TO BE A homestead grants of Free Patents under CA 141 or the
BENEFICIARY Homestead Act are entitled to retain the entire area even if it
exceeds 5 hectares as long as
- Tenant loses his right to be a lessee of the land retained by they were cultivating the same at the time of
the landowner approval of CARL June 15, 1988
continue to cultivate the same
CHILDREN OF THE LANDOWNER ARE ENTITLED TO 3
HECTARES EACH SECTION 6-A. Exception to Retention Limits. – Provincial, city and
municipal government units acquiring private agricultural lands by
- if landowner owns more than 5 hectares of agricultural land, expropriation or other modes of acquisition to be used for actual, direct and
excess area may be awarded to children of landowner to exclusive public purposes, such as roads and bridges, public markets, school
extent of 3 hectares for each child under the following sites, resettlement sites, local government facilities, public parks and barangay
conditions plazas or squares, consistent with the approved local comprehensive land use
plan, shall not be subject to the five (5)-hectare retention limit under this Section
child is at least 15 years and Sections 70 and 73(a) of Republic Act No. 6657, as amended: Provided,
child is actually tilling the land or directly That lands subject to CARP shall first undergo the land acquisition and
managing the farm distribution process of the program: Provided, further, That when these lands
- Qualified child who owns less than 5 hectares is still entitled have been subjected to expropriation, the agrarian reform beneficiaries therein
to an award of his parents landholding provided that his total shall be paid just compensation. (as added by Section 4, RA 9700)
area including the awarded area does not exceed the 5
hectares ownership ceiling
Agrarian Law and Social Legislation Artemis Notes 9
EXPROPRIATION OF PRIVATE AGRICULTURAL LANDS That after June 30, 2009, the modes of
BY LGUS acquisition shall be limited to
voluntary offer to sell and compulsory
acquisition: Provided,furthermore,
- if LGU expropriates private agricultural land for actual, That all previously acquired lands
direct and exclusive public purposes, DAR should first wherein valuation is subject to
subject it to agrarian reform coverage challenge by landowners shall be
- land should first be acquired by the national government completed and finally resolved
through DAR pursuant to Section 17 of Republic Act
- DAR will pay just compensation to landowner No. 6657, as
- Thereafter, DAR will distribute the land to agrarian reform amended: Provided, finally, as
mandated by the Constitution,
beneficiaries
Republic Act No. 6657, as amended,
- after distribution, LGs will expropriate the land and pay the and Republic Act No. 3844, as
agrarian reform beneficiaries just compensation amended, only farmers (tenants or
lessees) and regular farmworkers
actually tilling the lands, as certified
SECTION 6-B. Review of Limits of Land Size. – Within six (6) months from under oath by the Barangay Agrarian
the effectivity of this Act, the DAR shall submit a comprehensive study on the Reform Council (BARC) and attested
land size appropriate for each type of crop to Congress for a possible review of under oath by the landowners, are the
limits of land sizes provided in this Act. (as added by Section 4, RA 9700) qualified beneficiaries. The intended
beneficiary shall state under oath
before the judge of the city or
municipal court that he/she is willing
to work on the land to make it
productive and to assume the
obligation of paying the amortization
for the compensation of the land and
IMPORT OF THE LAW the land taxes thereon; all lands
foreclosed by government financial
institutions; all lands acquired by the
- implied recognition that uniform setting of 5 hectare limit Presidential Commission on Good
for all agricultural landholding may not be feasible because Government (PCGG); and all other
of the economic differences for each agricultural products lands owned by the government
- lands planted to different crops cannot be treated identically devoted to or suitable for agriculture,
which shall be acquired and
SECTION 7. Priorities. — distributed immediately upon the
effectivity of this Act, with the
implementation to be completed by
June 30, 2012;
The Department of Agrarian Reform The DAR, in coordination with the
(DAR) in coordination with the Presidential Agrarian Reform Council
Presidential Agrarian Reform Council (PARC) shall plan and program
(PARC) shall plan and program the the final acquisition and Phase Two: All alienable and Phase Two: (a) Lands twenty-four
acquisition and distribution of all distribution of all remaining disposable public agricultural lands; (24) hectares up to fifty (50) hectares
agricultural lands through a period of unacquired and all arable public agricultural lands shall likewise be covered for purposes
ten (10) years from the effectivity of undistributedagricultural lands under agro-forest, pasture and of agrarian reform upon the effectivity
this Act. Lands shall be acquired and from the effectivity of this Act agricultural leases already cultivated of this Act. All alienable and
distributed as follows: until June 30, 2014. Lands shall be and planted to crops in accordance disposable public agricultural lands;
acquired and distributed as follows: with Section 6, Article XIII of the all arable public agricultural lands
Constitution; all public agricultural under agro-forest, pasture and
lands which are to be opened for new agricultural leases already cultivated
development and resettlement; and all and planted to crops in accordance
private agricultural lands in excess of with Section 6, Article XIII of the
Phase One: During the five (5)-year fifty (50) hectares, insofar as the Constitution; all public agricultural
Phase One: Rice and corn lands under extension period hereafter all excess hectarage is concerned, to lands which are to be opened for new
Presidential Decree No. 27; all idle or remaining lands above fifty (50) implement principally the rights of development and resettlement: and all
abandoned lands; all private lands hectares shall be covered for purposes farmers and regular farmworkers, who private agricultural lands of
voluntarily offered by the owners for of agrarian reform upon the effectivity are the landless, to own directly or landowners with aggregate
agrarian reform; all lands foreclosed of this Act. All private agricultural collectively the lands they till, which landholdings above twenty-four (24)
by the government financial lands of landowners with aggregate shall be distributed immediately upon hectares up to fifty (50) hectares
institutions; all lands acquired by the landholdings in excess of fifty (50) the effectivity of this Act, with the which have already been subjected to
Presidential Commission on Good hectares which have already been implementation to be completed a notice of coverage issued on or
Government (PCGG); and all other subjected to a notice of coverage within a period of not more than four before December 10, 2008, to
lands owned by the government issued on or before December 10, (4) years. implement principally the rights of
devoted to or suitable for agriculture, 2008; rice and corn lands under farmers and regular farmworkers,
which shall be acquired and Presidential Decree No. 27; all idle or who are landless, to own directly or
distributed immediately upon the abandoned lands; all private lands collectively the lands they till, which
effectivity of this Act, with the voluntarily offered by the owners for shall be distributed immediately upon
implementation to be completed agrarian reform: Provided, That with the effectivity of this Act, with the
within a period of not more than four respect to voluntary land transfer, implementation to be completed
(4) years; only those submitted by June 30, 2009 by June 30, 2012; and
shall be allowed: Provided, further,
Agrarian Law and Social Legislation Artemis Notes 10
- those which already have been subjected to a Notice of (a) Lease, management, grower or service contracts covering such lands
Coverage on or before Dec 10 2008 covering an aggregate area in excess of 1,000 hectares, leased or held by foreign
- rice and corn lands individuals in excess of 500 hectares are deemed amended to conform with the
- idle or abandoned lands limits set forth in Section 3 of Article XII of the Constitution.
- any agricultural land not cultivated, tilled or developed to
produce any crop not devoted to any specific economic (b) Contracts covering areas not in excess of 1,000 hectares in the case of such
purpose continuously for a period of 3 years immediately corporations and associations, and 500 hectares, in the case of such individuals,
prior to receipt of notice of acquisition by government shall be allowed to continue under their original terms and conditions but not
does not include land that has permanently or beyond August 29, 1992, or their valid termination, whichever comes sooner,
after which, such agreements shall continue only when confirmed by the
regularly devoted to non agricultural purposes appropriate government agency. Such contracts shall likewise continue even
does not include land that has becom unproductive after the land has been transferred to beneficiaries or awardees thereof, which
due to force majeure or any other fortuitous event transfer shall be immediately commenced and implemented and completed
provided that prior to such event, land was used within the period of three (3) years mentioned in the first paragraph hereof.
for agricultural or other economic purpose
- private lands voluntarily offered by owners for agrarian (c) In no case will such leases and other agreements now being implemented
reform extend beyond August 29, 1992, when all lands subject hereof shall have been
- lands foreclosed by government financial institutions distributed completely to qualified beneficiaries or awardees.
- lands acquired by Presidential Commission on Good
Government Such agreements can continue thereafter only under a new contract between the
- all other lands owned by government devoted to or suitable government or qualified beneficiaries or awardees, on the one hand, and said
for agriculture enterprises, on the other.
Lands with an area of 24 hectares up to 50 hectares
to be complete by June 30 2013 Lands leased, held or possessed by multinational corporations, owned by private
individuals and private non-governmental corporations, associations,
- all alienable and disposable public agricultural lands institutions and entities, citizens of the Philippines, shall be subject to immediate
- all arable public agricultural lands under agroforest, pasture compulsory acquisition and distribution upon the expiration of the applicable
and agricultural leases already cultivated and planted to lease, management, grower or service contract in effect as of August 29, 1987,
crops in accordance in Sec 6 Art 13 of the Consti or otherwise, upon its valid termination, whichever comes sooner, but not later
- all public agricultural lands which are to be opened for new than after ten (10) years following the effectivity of this Act. However during
development and resettlement the said period of effectivity, the government shall take steps to acquire these
- all private agricultural lands which have already lands for immediate distribution thereafter.
- been subjected to a notice of coverage issued on or before
Dec 10 2008 In general, lands shall be distributed directly to the individual worker-
beneficiaries. In case it is not economically feasible and sound to divide the land,
- all remaining private agricultural lands regardless as to
then they shall form a workers' cooperative or association which will deal with
whether they have been subjected to notices of coverage the corporation or business association or any other proper party for the purpose
Lands with an area of more than 10 hectares up to of entering into a lease or growers agreement and for all other legitimate
24 hectares to be completed by June 30 2013 purposes. Until a new agreement is entered into by and between the workers'
Lands from retention limit up to 10 hectares to be cooperative or association and the corporation or business association or any
complete by June 30 2013 other proper party, any agreement existing at the time this Act takes effect
- Farmer (tenants or lessees) and regular farmworkers actually between the former and the previous landowner shall be respected by both the
workers' cooperative or association and the corporation, business, association or
tilling the lands are considered to be qualified beneficiaries such other proper party. In no case shall the implementation or application of
only if this Act justify or result in the reduction of status or diminution of any benefits
certified under oath by the Barangay Agrarian received or enjoyed by the worker-beneficiaries, or in which they may have a
Reform Council and vested right, at the time this Act becomes effective.
attested under oath by landowners
Intended beneficiary shall state under oath before The provisions of Section 32 of this Act, with regard to production and income-
judge of city of municipality court that he is sharing shall apply to farms operated by multinational corporations.
willing to work on the land to make it productive
and to assume obligation of paying amortization During the transition period, the new owners shall be assisted in their efforts to
for compensation of land and land taxes thereon learn modern technology in production. Enterprises which show a willingness
and commitment and good-faith efforts to impart voluntarily such advanced
technology will be given preferential treatment where feasible.
SECTION 8. Multinational Corporations. — All lands of the public domain
leased, held or possessed by multinational corporations or associations, and In no case shall a foreign corporation, association, entity or individual enjoy any
other lands owned by the government or by government-owned or controlled rights or privileges better than those enjoyed by a domestic corporation,
corporations, associations, institutions, or entities, devoted to existing and association, entity or individual.
operational agri-business or agro-industrial enterprises, operated by
multinational corporations and associations, shall be programmed for
acquisition and distribution immediately upon the effectivity of this Act, with AGRICULTURAL LANDS LEASED, HELD OR POSSESSED
the implementation to be completed within three (3) years. BY MULTINATIONAL CORPORATIONS ARE COVERED BY
THE CARL ACQUISITION AND DISTRIBUTION
Lands covered by the paragraph immediately preceding, under lease,
management, grower or service contracts, and the like, shall be disposed of as
follows:
- Land shall be distributed directly to individual worker
beneficiaries
- If not economically feasible and sound to divide the land,
individual worker beneficiaries shall form a workers
Agrarian Law and Social Legislation Artemis Notes 12
- reason is to prevent adverse effects on lowlands and streams If the DAR determines that the [REMOVES: If the DAR
purposes for which this deferment is determines that the purposes for
due to soil erosions
granted no longer exist, such areas which this deferment is granted no
- considered permanent forests or forest reserves, regardless shall automatically be subject to longer exist, such areas shall
of condition of vegetative cover, occupancy or use of any redistribution. The provisions of automatically be subject to
kind Section 32 of this Act, with regard to redistribution.
- not alienable or disposable production and income-sharing, shall
- if land with at least 18% slope was previously classified as apply to commercial farms. The provisions of Section 32 of the
alienable or disposable but not yet titled reverted to Act, with regard to production-and
category of public forest income-sharing, shall apply to
- if land has been covered by an approved public land commercial farms.”] (as amended
application or occupied openly, continuously, adversely and by Section 3, RA 7881)
publicly for a period of not less than 30 years as effectivity
of Forestry Reform Code remains as alienable or
disposable on condition that land is kept in vegetative state COMMERCIAL FARMS ARE LANDS DEVOTED TO
sufficient to prevent erosion and adverse effects on lowlands
and streams - Saltbeds
- Fruit farms
SCHOOL SITES AND CAMPUSES - Orchards
- Vegetable and cut flower farms
- Cacao, coffee, and rubber plantations
- Exempted if lands are
actually, directly and exclusively used and
found necessary by the SCHOOL for school sites IMPLEMENTATION OF AGRARIAN REFORM LAW
and campuses DEFERRED ON COMMERCIAL FARMS
DAR has no right to substitute judgment of
discretion for the determination of the necessity of - Compulsory acquisition and distribution of commercial
the school farms has been deferred for 10 years
- from effectivity of CARL ( June 1988) - for farms already
existing when law took effect
SECRETARY OF AGRARIAN REFORM HAS JURISDICTION TO
- from 1st year of commercial production and operation - for
EXEMPT A PROPERTY FROM AGRARIAN REFORM
new farms
COVERAGEs
Agrarian Law and Social Legislation Artemis Notes 14
MODE OF ACQUISITION OF COMMERCIAL FARMS - Choose the type of agribusiness venture arrangement that
will maintain the economic viability of the farm
- Voluntary offer to sell VOS - To market their products or enter into marketing
- Compulsory acquisition CA arrangements
- Direct payment scheme DPS - To avail of services or assistance of individuals, associations
or non governmental organizations in negotiating for the
most advantageous agribusiness venture arrangement,
enterprise development and capability building
MANNER OF DISTRIBUTION OF COMMERCIAL FARMS
- individually or collectively
- Individual Beneficiaries TYPES OF AGRIBUSINESS VENTURE ARRANGEMENTS
3 hectares each or minimum of 1 hectare each if WHICH COMMERCIAL FARM BENEFICIARIES OR
land is not sufficient to accommodate them COOPERATIVES MAY ENTER INTO (DAR AO 09 1988)
Order of priority in distribution
- Agricultural lessees and share tenants - Joint Venture Arrangement
- Regular farm workers Company is organized and co-owned by an
- Seasonal farm workers investor and agrarian reform beneficiaries through
- Other farm workers their cooperative or association
- actual tillers or occupants of public lands Investor may provide management and marketing
- collectives or cooperatives of above beneficiaries skills, technology infrastructure and capital
- others directly working on the land Agrarian reform beneficiaries contribute through
- Collective Beneficiaries – if not economically feasible and labor, usufructuary, rights to land and capital
sound to divide the land infusion
Beneficiaries will be obliged for form a workers - Lease Arrangement
cooperative or association Agrarian reform beneficiaries through their
- Agrarian reform beneficiaries may recommend that cooperatives or association enter into a contract of
infrastructure facilities and improvements necessary and lease with the landowner or investor
beneficial to operation of the farm be subject to acquisition, Lessee controls farm operations within an agreed
to be determined by DAR. period of time not exceeding 10 years, extendible
Includes buildings, roads, machinery, receptacles, by agreement
instruments or implements permanently attached - Contract Growing/Growership Arrangement
to the land Agrarian reform beneficiaries or cooperative
produce certain crops for an investor or
QUALIFICATIONS OF COMMERCIAL FARM agribusiness firm which buys the produce at pre
BENEFICIARIES- Agrarian reform beneficiaries for acquired arranged terms
commercial farms - Management Contract
Agrarian reform beneficiaries or cooperative or
- 18 years old at time of filing of application as beneficiary association hire the services of landowner or
- Willingness, aptitude and ability to cultivate and make land investor to manage and operate the farm in
productive exchange for fixed wages or commission
- Must have been employed in commercial farm between June - Build- Operate- Transfer Scheme
15 1988 or upon expiration of deferment Project proponent undertakes the financing and
- Farm workers who have worked the longest on the land construction of a given infrastructure facility and
continuously will be given priority operation and maintenance thereof for an agreed
period of time not exceeding 25 years subject to
extension
WHO ARE DISQUALIFIED TO BECOME COMMERCIAL
FARM BENEFICIARIES
RIGHT OF RETENTION OVER COMMERCIAL FARMS
1. Farm workers who have retired from service, whether
optional or compulsory - Owners of commercial farms, individual or corporate, are
2. Farm workers who have resigned from their employment entitled to retention rights under Sec 6 of CARL
with the farm
3. Farm workers who have been dismissed for cause CHAPTER III
4. Farm workers, lessees, or tenants who waive or refuse to be Improvement of Tenurial and Labor Relations
a beneficiary
5. Farm workers, lessees or tenants who have committed a
violation of agrarian reform laws and regulations SECTION 12. Determination of Lease Rentals. — In order to protect and
improve the tenurial and economic status of the farmers in tenanted lands under
the retention limit and lands not yet acquired under this Act, the DAR is
FREEDOM OF BENEFICIARIES TO CHOOSE THE TYPE OF mandated to determine and fix immediately the lease rentals thereof in
AGRIBUSINESS accordance with Section 34 of Republic Act No. 3844, as amended: provided,
that the DAR shall immediately and periodically review and adjust the rental
Agrarian Law and Social Legislation Artemis Notes 15
structure for different crops, including rice and corn, or different regions in order
(a) the description and area of the property;
to improve progressively the conditions of the farmer, tenant or lessee.
(b) the average gross income from the property for at least three (3) years;
POWER OF DAR TO FIX LEASE RENTALS
(c) the names of all tenants and farmworkers therein;
- Tenant may choose to remain in portion retained by
landowner, in which case he will no longer be a tenant but a (d) the crops planted in the property and the area covered by each crop as of June
1, 1987;
lessee (Sec. 6). To protect economic status of farmer, DAR
can determine and fix the lease rental,
(e) the terms of mortgages, lease, and management contracts subsisting as
- For lands devoted to rice and other crops of June 1, 1987, and
25% of average normal harvest after deducting
amount used for seeds and cost of harvest or (f) the latest declared market value of the land as determined by the city or
threshing provincial assessor.
if no normal harvests estimated normal harvest
during 3 agricultural years immediately preceding
the date the leasehold was established PURPOSE OF SWORN STATEMENT
- For sugar cane lands
24% f average normal harvest less value of cost of - Help DAR identify the lands and their owners for effective
seeds/cane points, harvesting, loading, hauling implementation of agrarian reform program
and or trucking fee and cost of processing
- For coconut lands
25% of average normal harvest for a specific area SECTION 15. Registration of Beneficiaries. — The DAR in coordination with
for preceding 3 calendar years less value of the Barangay Agrarian Reform Committee (BARC) as organized in this Act,
production costs shall register all agricultural lessees, tenants and farmworkers who are qualified
to be beneficiaries of the CARP. These potential beneficiaries with the
assistance of the BARC and the DAR shall provide the following data:
SECTION 13. Production-Sharing Plan. — Any enterprise adopting the
scheme provided for in Section 32 hereof or operating under a production (a) names and members of their immediate farm household;
venture, lease, management contract or other similar arrangement and any farm
covered by Sections 8 and 11 hereof is hereby mandated to execute within ninety (b) owners or administrators of the lands they work on and the length of tenurial
(90) days from the effectivity of this Act, a production-sharing plan, under relationship;
guidelines prescribed by the appropriate government agency.
(c) location and area of the land they work;
Nothing herein shall be construed to sanction the diminution of any benefits such
as salaries, bonuses, leaves and working conditions granted to the employee-
(d) crops planted; and
beneficiaries under existing laws, agreements, and voluntary practice by the
enterprise, nor shall the enterprise and its employee-beneficiaries be prevented
from entering into any agreement with terms more favorable to the latter. (e) their share in the harvest or amount of rental paid or wages received.
A copy of the registry or list of all potential CARP beneficiaries in the barangay
APPLICABILITY OF THE LAW shall be posted in the barangay hall, school or other public buildings in the
barangay where it shall be open to inspection by the public at all reasonable
hours.
- Obligations to a production sharing plan applies only to
a. Farms operating under a production venture, lease,
management contract or other similar arrangement PURPOSE OF REGISTRATION OF AGRICULTURAL
b. Farms leased or operated by multinational LESSEES, TENANTS AND FARM WORKERS
corporations
c. Commercial farms
- Develop a databank of potential and qualified beneficiaries
Those devoted to salt beds, fruit farms,
for effective implementation of the agrarian reform program
orchards, vegetable and cut flower
farms, cacao, coffee or rubber
plantations CHAPTER V
Land Acquisition
CHAPTER IV
Registration SECTION 16. Procedure for SECTION 16. Procedure for
Acquisition of Private Lands. Acquisition and Distribution of
Private Lands. (title amended by
SECTION 14. Registration of Landowners. — Within one hundred eighty Section 6, RA 9700)
(180) days from the effectivity of this Act, all persons, natural or juridical,
including government entities, that own or claim to own agricultural lands,
whether in their names or in the name of others, except those who have already
For purposes of acquisition of private lands, the following procedures shall be
registered pursuant to Executive Order No. 229, who shall be entitled to such
followed:
incentives as may be provided for by the PARC, shall file a sworn statement in
the proper assessor's office in the form to be prescribed by the DAR, stating the
following information: (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
Agrarian Law and Social Legislation Artemis Notes 16
delivery or registered mail, and post the same in a conspicuous place in the - Notice of Coverage
municipal building and barangay hall of the place where the property is located. pursuant to DAR AO 12 1989
Said notice shall contain the offer of the DAR to pay a corresponding value in in compliance with administrative due process
accordance with the valuation set forth in Sections 17, 18, and other pertinent
provisions hereof.
- Notice of Acquisition
pursuant to Sec 16 of CARL
(b) Within thirty (30) days from the date of receipt of written notice by personal
- Reason: Land acquisition under agrarian reform law is an
delivery or registered mail, the landowner, his administrator or representative extraordinary method of expropriation
shall inform the DAR of his acceptance or rejection of the offer. - Failure of DAR or any of its agencies to comply with proper
procedure for expropriation is a violation of constitutional
(c) If the landowner accepts the offer of the DAR, the Land Bank of the due process and in effect arbitrary, capricious, whimsical
Philippines (LBP) shall pay the landowner the purchase price of the land within and tainted with grave abuse of discretion
thirty (30) days after he executes and delivers a deed of transfer in favor of the ex. No notice of coverage issued
government and surrenders the Certificate of Title and other muniments of title.
WHEN TITLE OR OWNERSHIP OF THE LAND IS
(d) In case of rejection or failure to reply, the DAR shall conduct summary TRANSFERRED TO THE STATE
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 - Only upon full payment of just compensation
notice. After the expiration of the above period, the matter is deemed submitted - Title and ownership remains with landowner until final
for decision. The DAR shall decide the case within thirty (30) days after it is determination of just compensation and fully payment
submitted for decision. - Mere fact that DAR deposited offered price with Land Bank
does not warrant cancellation of owner’s title
(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
OPENING OF TRUST ACCOUNT DOES NOT CONSTITUTE
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 PAYMENT
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 - Law requires just compensation to be paid in cash and Land
thereafter proceed with the redistribution of the land to the qualified Bank bonds, not trust accounts.
beneficiaries.
CHAPTER VI
(f) Any party who disagrees with the decision may bring the matter to the court Compensation
of proper jurisdiction for final determination of just compensation.
- Equivalent to be rendered for the property to be taken shall - However, if there is undue delay in payment: value of
be real, substantial, full and ample. property should be determined at time of full payment of just
- Correct determination of amount to be paid to the landowner compensation
and prompt payment
payment within a reasonable time from taking PROCEDURE FOR DETERMINATION OF JUST
immediate deposit and release of provisional COMPENSATION
compensation - Land Bank determines value of lands
full payment of finally adjudged just - DAR makes an offer to landowner based on the Land Bank
compensation determination
without prompt payment, compensation is not just - If landowner rejects
because landowner is made to suffer consequence - DAR conducts summary administrative proceedings to
of being immediately deprived on land while determine compensation for land by requiring landowner,
being made to wait before receiving amount Land Bank and other interested parties to submit evidence
necessary to cope with his loss for just compensation
ex. of not prompt payment - Party who disagrees with decision of adjudicator may bring
- reimbursement is conditioned on Land Bank’s approval and the matter to RTC designated as Special Agrarian Court for
release of the amount is made to depend upon compliance final determination of just compensation
with documentary requirements
- partial payment of just compensation ROLE OF DARAB
- DARAB or Provincial Agrarian Reform Adjudicators
PARAD can conduct summary administrative proceeding
FACTORS USED IN VALUATION OF LANDS
for preliminary determination of just compensation in order
to determine whether land valuation computations of Land
- Capital Net Income CNI Bank are in accordance with rules or administrative orders.
based on land use and productivity - Preliminary proceedings of land valuation for purpose of
- Comparable Sales CS determination of just compensation for acquisition shall be
70% of BIR zonal value conducted by
- Market Value MV PARAD – initial land valuation of Land Bank is
based on tax declaration less than 10M
Regional Agrarian Reform Adjudicators – initial
FORMULAS land valuation of Land Bank is 50M
DARAB – initial land valuation of Land Bank is
above 50M
When all factors CNI x 0.6 + CS x 0.30 + MV x 0.10 = Land Value - On event of non availability, inhibition, or disqualification
are present of designated PARAD RARAD concerned may conduct
preliminary proceedings of land valuation notwithstanding
that jurisdictional amount is less than 10M
When CNI factor CS x 0.90 + MV x 0.10 = Land Value - On account of non-availability, inhibition or disqualification
is not present of the RARAD concerned, DARAB may conduct the
preliminary proceedings of land valuation or designate the
same to an Adjusticator form among the PARADs in the
When CS factor is CNI x 0.90 + MV x 0.10 = Land Value
region.
not present
VALUATION SET BY DAR NOT CONCLUSIVE
- Valuation set by Land Bank is not conclusive Landowner
Formula when CS MV x 2 = Land Value
can contest in proper court, the RTC designated as Special
and CNI are not
Agrarian Court
present
- Sec 6 Rule 19 of 2006 DARAB Rules of Procedure. Filing
of Original Action with the Special Agrarian Court for Final
RECKONING OF VALUATION Determination.
- General Rule: Basis for just compensation is the value of The party who disagrees with the decision of the
property at time it was taken from owner and appropriated Board/Adjudicator may contest the same by filing
to the government an original action with the Special Agrarian Court
if government takes possession of land before (SAC) having jurisdiction over the subject
institution of expropriation proceedings, value property within fifteen (15) days from his receipt
shall be fixed as of time of taking of possession of the Board/Adjudicator’s decision.
- not the time of filing of the complaint Immediately upon filing with the SAC, the party
Time of taking shall file a Notice of Filing of Original Action with
- stage when title is transferred to government or beneficiaries the Board/Adjudicator, together with a certified
AND true copy of the petition filed with the SAC.
the time when agricultural land voluntarily offered Failure to file a Notice of Filing of Original Action
by landowner was approved by PARC for agrarian or to submit a certified true copy of the petition
reform coverage through stock distribution shall render the decision of the Board/Adjudicator
scheme final and executory.
Agrarian Law and Social Legislation Artemis Notes 18
Upon receipt of the Notice of Filing of Original the outstanding balance of the financial instruments: provided, further, that
Action or certified true copy of the petition filed the PARC shall determine the percentage mentioned above;
with the SAC, no writ of execution shall be issued (vi) Payment for tuition fees of the immediate family of the original
bondholder in government universities, colleges, trade schools, and other
by the Board/Adjudicator.
institutions;
(vii) Payment for fees of the immediate family of the original bondholder in
COURTS CANNOT DISREGARD FORMULA government hospitals; and
- Factors for determination of just compensation, which (viii) Such other uses as the PARC may from time to time allow.
the DAR converted into a formula are mandatory and In case of extraordinary inflation, the PARC shall take appropriate measures
not mere guidelines which the RTC may disregard to protect the economy.
bail bonds for provisional release of accused SECTION 21. Payment of Compensation by Beneficiaries
persons or performance bonds Under Voluntary Land Transfer. — Direct payments in cash or in kind may
security for loans with government financial be by the farmer-beneficiary to the landowner under terms to be mutually
institution agreed upon by both parties, which shall be binding upon them, upon
- provided that proceeds of the loans shall be invested in an registration with the approval by the DAR. Said approval shall be considered
economic enterprise given, unless notice of disapproval is received by the farmer-beneficiary within
payment for various taxes and fees to government thirty (30) days from the date of registration.
payment for tuition fees of immediate family of
original bond holder in government universities, In the event they cannot agree on the price of land, the procedure for
colleges, trade schools and other institutions compulsory acquisition as provided in Section 16 shall apply. The LBP shall
payment for fees of immediate family of original extend financing to the beneficiaries for purposes of acquiring the land.
bond holder in government hospitals
FAILURE TO SUBMIT DOCUMENTARY REQUIREMENTS (a) agricultural lessees and share tenants;
SECTION 20. Voluntary Land Transfer. — Landowners of agricultural lands (c) seasonal farmworkers;
subject to acquisition under this Act may enter into a voluntary arrangement
for direct transfer of their lands to qualified beneficiaries subject to the
(d) other farmworkers;
following guidelines:
(e) actual tillers or occupants of public lands;
(a) All notices for voluntary land transfer must be submitted to the DAR within
the first year of the implementation of the CARP. Negotiations between the
landowners and qualified beneficiaries covering any voluntary land transfer
(f) collectives or cooperatives of the above beneficiaries; and
which remain unresolved after one (1) year shall not be recognized and such
land shall instead be acquired by the government and transferred pursuant to (g) others directly working on the land.
this Act.
Provided, however, that the children of landowners who are qualified
(b) The terms and conditions of such transfer shall not be less favorable to the under Section 6 of this Act shall be given preference in the
transferee than those of the government's standing offer to purchase from the distribution of the land of their parents: and provided, further, that
landowner and to resell to the beneficiaries, if such offers have been made and actual tenant-tillers in the landholdings shall not be ejected or
are fully known to both parties. removed therefrom.
(c) The voluntary agreement shall include sanctions for non-compliance by
Beneficiaries under Presidential Decree No. 27 who have culpably
either party and shall be duly recorded and its implementation monitored by
sold, disposed of, or abandoned their land are disqualified to become
the DAR.
beneficiaries under this Program.
If, due to the landowner's retention rights or to the number of tenants, • General Rule: farm workers holding managerial or
lessees, or workers on the land, there is not enough land to supervisory positions as of June 15, 1988 are not qualified
accommodate any or some of them, they may be granted ownership to become an agrarian reform beneficiary
of other lands available for distribution under this Act, at the option
of the beneficiaries. • EXCEPTION: farm workers promoted to managerial or
supervisory position after they were identified, screened
Farmers already in place and those not accommodated in the and selected will remain to be qualified beneficiaries
distribution of privately-owned lands will be given preferential rights
in the distribution of lands from the public domain. WHO ARE DISQUALIFIED TO BECOME AGRARIAN
REFORM BENEFICIARIES
WHO ARE ELIGIBLE TO BECOME AGRARIAN REFORM
BENEFICIARIES? • The following tenants, lessees or farm workers:
• Must be a landless resident of the same barangay, or same 1. Those who do not meet the basic qualifications
municipality 2. Those who have waived their right to become an
agrarian reform beneficiary in exchange for
LANDLESS RESIDENT compensation, provided that waiver has not been
questioned in proper government entity
Refers to a Farmer or tiller who owns less than 3 hectares of land 3. Those who have not paid an aggregate of 3
annual amortizations
1. agricultural lessees and share tenants 4. Those who have failed to exercise right of
2. regular farmworkers
redemption/repurchase within 2 years resulting in
3. seasonal farm workers
4. other farm workers foreclosure of mortgage by Land Bank of the
5. actual tillers or occupants of public lands Philippines of a previously awarded land
6. collectives or cooperatives of above beneficiaries 5. Those who refused to pay 3 annual amortizations
7. others directly working on the land for land acquired through voluntary land transfer
or direct payment scheme, resulting in
repossession by landowner
QUALIFICATIONS OF AN AGRARIAN REFORM 6. Those who have been dismissed for cause
BENEFICIARY 7. those who have retired or voluntarily resigned
from employment
• Farmer (whether tenant, lessee or worker) must be
8. those who have misused the land or diverted the
1. Owning less than 3 hectares of land financial support services extended by the
2. Filipino citizen government
3. Resident of barangay where landholding is 9. those who have misrepresented material facts in
located (or municipality if there are no sufficient basic qualifications
number of qualified Agrarian Reform 10. those who have sold, disposed, or abandoned the
Beneficiaries in the barangay lands awarded to them by the government
4. At least 15 years old at time of identification, 11. those who have converted agricultural lands to
screening and selection of farmer-beneficiaries non agricultural use without prior approval from
5. Willing, able and equipped with aptitude to DAR
cultivate and make land productive 12. those who have been finally adjudged guilty of
forcible entry or unlawful detainer over the
property
SPECIAL QUALIFICATIONS FOR FARM WORKERS IN 13. those who have violated agrarian reform laws
COMMERCIAL FARMS OR PLANTATIONS and regulations
14. Landowners and their children, in connection
• if they were already employed as of June 15, 1988 in the with foreclosed landholdings
landholding covered by the Comprehensive Agrarian 15. Landowners who have voluntarily offered their
Reform Law OF 1988, then they can qualify as an agrarian landholdings for coverage under the
reform beneficiary Comprehensive Agrarian Reform Programs, in
connection with other landholdings
MANAGERIAL FARM WORKERS NOT QUALIFIED TO SECTION 22-A. Order of Priority. - A landholding of a landowner
BECOME BENEFICIARIES shall be distributed first to qualified beneficiaries under Section 22,
subparagraphs (a) and (b) of that same landholding up to a maximum
of three (3) hectares each. Only when these beneficiaries have all
received three (3) hectares each, shall the remaining portion of the
Agrarian Law and Social Legislation Artemis Notes 21
landholding, if any, be distributed to other beneficiaries under Section will be distributed to agrarian reform beneficiaries in the
22, subparagraphs (c), (d), (e), (f), and (g). (as added by Section 8, following order of priority:
RA 9700) • seasonal farm workers
• other farm workers
• actual tillers or occupants of public lands
• collectives or cooperatives of above beneficiaries
ORDER OF DISTRIBUTION • Others directly working on the land
• Excess areas after the allocation mentioned earlier, these
1. Children of landowner enjoy first preference in distribution shall be awarded to collectives or cooperatives of above
of landholding. Each child is entitled to 3 hectares if: beneficiaries (tenants of areas should be given reasonable
• Filipino Citizen time to harvest produce of their crop subject to the rules on
• 15 years old standing crops)
• actually tilling the land or directly managing the • if beneficiaries opt for collective ownership, such farmers
farm cooperative, total area must coincide with total number of
2. After the children, 3 hectares each is given to: members or co owners multiplied by 3 hectare limit
• Agricultural lessees and share tenants
• Regular farm workers FACTORS TO BE CONSIDERED IN DETERMINING THE
3. remaining portion SIZE OF LAND TO BE AWARDED
• seasonal farm workers 1. type of crop
• other farm workers 2. type of soil
• actual tillers or occupants of public lands 3. weather patterns
• collectives or cooperatives of above beneficiaries 4. other pertinent factors critical for success of beneficiaries
• others directly working on the land SECTION 24. Award to Beneficiaries. —
SECTION 23. Distribution Limit. — No qualified beneficiary may The rights and responsibilities of The rights and responsibilities of
own more than three (3) hectares of agricultural land. the beneficiary shall commence the beneficiaries shall
from the time the DAR makes an commence from their receipt of
MAXIMUM AREA THAT CAN BE OWNED BY OR award of the land to him, which a duly registered emancipation
AWARDED TO BENEFICIARIES award shall be completed within patent or certificate of land
• 3 hectares
one hundred eighty (180) days ownership award and their
• Therefore, if a tenant or farm worker already owns 2
from the time the DAR takes actual physical possession of the
hectares, he can still be awarded 1 hectare
actual possession of the land. awarded land. Such award shall
Ownership of the beneficiary be completed in not more than
shall be evidenced by a one hundred eighty (180) days
EQUITTABLE ALLOCATION (pursuant to order of
Certificate of Land Ownership from the date of registration of
distribution)
Award, which shall contain the the title in the name of the
• if particular landholding is not enough to meet then 3 restrictions and conditions Republic of the
hectare award ceiling for each agricultural lessee, tenant, or provided for in this Act, and shall Philippines: Provided, That the
regular farmworker, then the landholding shall be divided be recorded in the Register of emancipation patents, the
equally among them Deeds concerned and annotated certificates of land ownership
• If the area of a particular landholding is inadequate to on the Certificate of Title. award, and other titles issued
provide each agricultural lessee, tenant, or regular under any agrarian reform
farmworker with land more than 1,000 sq.m, said lessee, program shall be indefeasible
tenant, or regular farmworker shall be awarded 1,000 and imprescriptible after one (1)
sq.m of land taking into account length of lease or service year from its registration with
as the case may be. the Office of the Registry of
• Should an area of less than 1,000 sq.m. be left in the Deeds, subject to the conditions,
course of the award, this remaining area shall then be limitations and qualifications of
distributed equally among these beneficiaries who had this Act, the property
received 1,000 sq.m. registration decree, and other
• Other qualified beneficiaries who are displaced after pertinent laws. The
distribution of all available land to agricultural lessee, emancipation patents or the
tenant, or regular farmworker, may still qualify as certificates of land ownership
beneficiaries in other lands covered under the CARP. award being titles brought under
• if landholding is more than enough to accommodate 3 the operation of the Torrens
hectare limit for each agricultural lessee or tenant, excess system, are conferred with the
Agrarian Law and Social Legislation Artemis Notes 22
same indefeasibility and security • title and ownership over land can be transferred to
afforded to all titles under the beneficiaries only upon full payment of just compensation
said system, as provided for by to land owner
Presidential Decree No. 1529, as
amended by Republic Act No. WHEN DOES DAR ISSUE CERTIFICATE OF LAND
6732. OWNERSHIP AWARD
It is the ministerial duty of the • DAR will issue CLOA only upon full payment of
Registry of Deeds to register the amortization by farmer beneficiary
title of the land in the name of
• CLOA becomes basis for issuance in his name of original
the Republic of the Philippines,
or transfer certificate of title
after the Land Bank of the
Philippines (LBP) has certified
INDEFEASIBILITY OF CLOA
that the necessary deposit in the
name of the landowner • CLOA becomes indefeasible and imprescriptible after one
constituting full payment in year from its registration with the Office of the Registry
cash or in bond with due notice of Deeds
to the landowner and the
registration of the certificate of • subject to conditions, limitations and
land ownership award issued to qualifications under CARL, Property Registration
the beneficiaries, and to cancel Decree and other laws
previous titles pertaining
thereto. CANCELLATION OF CLOA
Identified and qualified • all cases for cancellation of CLOAs and other titles issued
agrarian reform beneficiaries, under agrarian reform program are within the exclusive
based on Section 22 of Republic and original jurisdiction of Secretary of DAR
Act No. 6657, as amended, shall
have usufructuary rights over GROUNDS FOR CANCELLATION OF CLOA
the awarded land as soon as the
DAR takes possession of such 1. Abandonment of land
land, and such right shall not be
2. Neglect or misuse of land
diminished even pending the
awarding of the emancipation 3. Failure to pay 3 annual amortizations
patent or the certificate of land
ownership award. 4. Misuse or diversion of financial and support services
All cases involving the 5. Sale, transfer or conveyance of right to use the land
cancellation of registered
emancipation patents, 6. Illegal conversion of land
certificates of land ownership
award, and other titles issued WHEN THE RIGHTS AND OBLIGTIONS OF
under any agrarian reform BENEFICIARIES COMMENCE
program are within the
exclusive and original • from receipt of duly registered CLOA and actual physical
jurisdiction of the Secretary of possession of awarded land
the DAR. (as amended
• pending issuance of CLOA, the identified and qualified
by Section 9, RA 9700)
agrarian reform beneficiaries have usufructuary rights over
awarded land which DAR has taken possession
TRANSFER OF OWNERSHIP TO THE BENEFICIARIES
NOT AUTOMATIC
CRIMINAL VIOLATION
• Compulsory acquisition does not mean automatic transfer
• CARL prohibits:
of ownership of land to the tenant, lessee or farmworker
• Sell, transfer or convey his right to use or any
other usufructuary right over the land he acquired
Agrarian Law and Social Legislation Artemis Notes 23
by virtue of being a beneficiary if done to W/N the Emancipation Patents and Transfer Certificates of Title
circumvent the law issued to petitioners which were already registered with the Register
of Deeds have already become indefeasible and can no longer be
OBLIGATIONS OF AGRARIAN REFORM BENEFICIARIES cancelled?
Facts:
Doctrine: The mere issuance of an emancipation patent does not put
the ownership of the agrarian reform beneficiary beyond attack and Private respondents de la Cruz et al in this case were the tenants of
scrutiny. lots that were donated to the municipality of Anao, Tarlac with the
condition that the lots would be used as school sites. The projects
Facts: never came into fruition and so de la Cruz et al sought to have the
properties returned to them. The mayor however has distributed the
Barbin filed an action with PARAD Camarines Norte an action for lots, each with a certificate of land transfer. De la Cruz filed a
cancellation of emancipation patents, disqualification of tenant- petition for cancellation of the CLT’s. Litigation followed, but
beneficiary relationship, repossession of property, and damages. eventually, the Mayor waived his interest. The DAR secretary then
Barbin alleges fee simple ownership (Fee Simple is absolute awarded the land to Padua who has been occupying and paying
ownership) of an approximately 5-hectare area of land. (Note: This amortizations on the land to the Landbank of the Philippines.
land was placed under the Operational Land Transfer Program
pursuant to PD 27) Petitioners are her tenants, and Barbin alleges that De la Cruz filed a letter with the DAR secretary for the cancellation
the former failed to pay their lease rentals for more than 2 years, of the DAR award. This was granted, directing the regional officer to
which is a ground for dispossession of the lots. restore possession to de la Cruz. The Court of Appeals affirmed the
decision.
The petitioners prior to this however, entered into a direct payment
scheme with Barbin as annotated in the deeds of transfer. The Issue/s:
petitioners claimed indefeasibility of their title since their
emancipation patents were already registered with the Registry of W/N the DAR has jurisdiction in hearing the land dispute issue
Deeds and that they have made the said payments.
Ruling:
The PARAD denied Barbin’s action since the PARAD considered
Yes. Padua cannot claim the title as he is yet paying the
that Barbin had more land, although those lands were coconut lands.
amortizations, his status thus remains as a potential farmer-
On appeal to the DARAB, the same was affirmed, in addition to that,
beneficiary whose eligibilities the DAR may either confirm or deny.
the DARAB ordered the cancellation of the registered emancipation
The DAR is empowered to issue, recall, or even cancel a Conditional
patents of the other petitioners aside from Mago due to default of
Land Transfer, CARP Beneficiary Certificate, Emancipation Patent,
payment. The Court of Appeals affirmed.
or Certificate of Land Ownership Award issued to a potential farmer-
beneficiary but not yet registered with the Register of Deeds.
Issue/s:
Agrarian Law and Social Legislation Artemis Notes 24
Pasco v. Pison-Arceo Agricultural and Development Corp. contiguous tract of land or contiguous tract of land or
several parcels of land cumulated several parcels of land cumulated
GR 165501 March 28, 2006 up to the prescribed award limits. up to the prescribed award
limits. The determination of the
size of the land for distribution
shall consider crop type, soil
Doctrine: What the CARP provided the petitioners was the status of
type, weather patterns and other
being a potential CARP beneficiary, there was no award yet vested to
pertinent variables or factors
them, this is a requirement under Sec 24 of RA 6657, absent this,
which are deemed critical for
they are mere potential beneficiaries, they have no any better right to
For purposes of this Act, a the success of the beneficiaries.
the land than the other potential beneficiaries.
landless beneficiary is one who
For purposes of this Act, a
Facts: owns less than three (3) hectares
landless beneficiary is one who
of agricultural land.
The respondent corporation is the registered owner of a parcel of land owns less than three (3) hectares
containing more than 100 hectares. On the respondent’s land stands The beneficiaries may opt for of agricultural land.
the houses occupied by its workers. Petitioners used to work for the collective ownership, such as co-
Whenever appropriate, the DAR
respondent until 1987, and after the cessation of their employment ownership or farmers cooperative
shall encourage the agrarian
they were asked to vacate. Their refusal triggered a complaint for or some other form of collective
reform beneficiaries to form or
unlawful detainer against them. organization: provided, that the
join farmers' cooperatives for
total area that may be awarded
The petitioners claimed that the corporation built the houses for the purposes of affiliating with
shall not exceed the total number
workers and that after a typhoon destroyed the houses, the petitioners existing cooperative banks in
of co-owners or members of the
rebuilt them, and since the demand was for them to vacate, it was their respective provinces or
cooperative or collective
unjustified since they paid rentals through salary/wage reductions. localities, as well as forming
organization multiplied by the
The MTCC ruled in favor of the respondents. After this decision, the blocs of agrarian reform
award limit above prescribed,
MARO of Talisay advised respondent that its land is now covered by beneficiaries, corporations, and
except in meritorious cases as
the CARP, regardless of this, the appeal taken by the petitioners to partnerships and joining other
determined by the PARC. Title to
the RTC, even considering the subsequent turn of events still led to farmers' collective organizations,
the property shall be issued in the
the RTC affirming the MTCC ruling. On appeal to the CA, the including irrigators'
name of the co-owners or the
petitioners attached a certification that they are potential CARP associations: Provided, That the
cooperative or collective
beneficiaries. The CA still affirmed the RTC decision. agrarian reform beneficiaries
organization as the case may be.
shall be assured of
Issue/s: corresponding shares in the
corporation, seats in the board of
W/N one who has been identified by the DAR as potential agrarian directors, and an equitable share
reform beneficiary may be ejected from the land where he is in the profit.
identified as such, by the landowner, who has already been notified
by the DAR of the coverage of his land by the CARP of the In general, the land awarded to a
government farmer- beneficiary should be in
the form of an individual title,
Ruling: covering one (1) contiguous tract
or several parcels of land
NO. The one who has been identified by the DAR as potential cumulated up to a maximum of
agrarian reform beneficiary may not be ejected from the land where three (3) hectares.
he is identified as such, by the landowner, who has already been
notified by the DAR of the coverage of his land by the CARP of the
government. What the CARP provided the petitioners was the status
of being a potential CARP beneficiary, there was no award yet vested The beneficiaries may opt for
to them, this is a requirement under Sec 24 of RA 6657, absent this, collective ownership, such as co-
they are mere potential beneficiaries, they have no any better right to workers or farmers cooperative
the land than the other potential beneficiaries. or some other form of collective
organization and for the issuance
SECTION 25. Award Ceilings for Beneficiaries. of collective ownership titles:
Provided, That the total area that
Beneficiaries shall be awarded an Beneficiaries shall be awarded an may be awarded shall not exceed
area not exceeding three (3) area not exceeding three (3) the total number of co-owners or
hectares which may cover a hectares, which may cover a members of the cooperative or
Agrarian Law and Social Legislation Artemis Notes 25
names of beneficiaries should be listed reduce the interest rate or reduce of the value of the annual gross
in same certificate of land ownership the principal obligations to make production as established by the
award the repayment affordable. DAR. Should the scheduled
annual payments after the fifth
CONDITIONS FOR ISSUANCE OF COLLECTIVE TITLES (5th) year exceed ten percent
(10%) of the annual gross
1. Farm management system of land covered is not
production and the failure to
appropriate for individual farming
produce accordingly is not due to
the beneficiary's fault, the LBP
2. farm labor is specialized
shall reduce the interest rate
• i.e., where the farmworkers are organized by and/or reduce the principal
functions and not by specific parcels such as obligation to make the repayment
spraying, weeding, packing and other similar affordable. (As amended
functions The LBP shall have a lien by by Section 11, RA 9700)
way of mortgage on the land
3. beneficiaries are currently not farming individual parcels awarded to the beneficiary; and
but collectively work on large contiguous areas this mortgage may be foreclosed
by the LBP for non-payment of The LBP shall have a lien by
4. Farm consists of multiple crops being farmed in an an aggregate of three (3) annual way of mortgage on the land
integrated manner or includes non- crop production areas amortizations. The LBP shall awarded to the beneficiary; and
that are necessary for viability of farm operations advise the DAR of such this mortgage may be foreclosed
proceedings and the latter shall by the LBP for non-payment of
• ex. packing plants, storage areas, dikes and other subsequently award the forfeited an aggregate of three (3) annual
similar facilities that cannot be subdivided or landholdings to other qualified amortizations. The LBP shall
assigned to individual farmers beneficiaries. A beneficiary advise the DAR of such
whose land, as provided herein, proceedings and the latter shall
has been foreclosed shall subsequently award the forfeited
thereafter be permanently landholding to other qualified
TITLES MUST INDICATE THAT IT IS AN EMANCIPATION beneficiaries. A beneficiary
disqualified from becoming a
PATENT OR CLOA whose land, as provided herein,
beneficiary under this Act.
has been foreclosed shall
• applies to both title of land awarded and any subsequent thereafter be permanently
transfer title disqualified from becoming a
beneficiary under this Act.
SECTION 26. Payment by Beneficiaries. —
• After 5th year, interest rate and/or principal obligation may If the land has not yet been fully
be reduced by Land Bank to make repayment affordable paid by the beneficiary, the rights
to the land may be transferred or If the land has not yet been fully
• if due to failure of production, scheduled annual conveyed, with prior approval of paid by the beneficiary, the rights
payments exceed 10% of annual gross production the DAR, to any heir of the to the land may be transferred or
beneficiary or to any other conveyed, with prior approval of
• failure to produce is not due to beneficiaries fault the DAR, to any heir of the
beneficiary who, as a condition
for such transfer or conveyance, beneficiary or to any other
shall cultivate the land himself. beneficiary who, as a condition
Failing compliance herewith, the for such transfer or conveyance,
EFFECT OF FAILURE TO PAY THE ANNUAL
land shall be transferred to the shall cultivate the
AMORTIZATIONS
LBP which shall give due notice landhimself/herself. Failing
• Land Bank can forfeit landholding and award it to other of the availability of the land in compliance herewith, the land
qualified beneficiaries the manner specified in the shall be transferred to the LBP
immediately preceding which shall give due notice of the
• The beneficiary whose land has been foreclosed or forfeited paragraph. availability of the land in the
will be permanently disqualified from becoming a manner specified in the
beneficiary immediately preceding
paragraph.
SECTION 27. Transferability of Awarded Lands. — In the event of such transfer to
the LBP, the latter shall In the event of such transfer to
Lands acquired by beneficiaries Lands acquired by beneficiaries compensate the beneficiary in the LBP, the latter shall
under this Act may not be sold, under this Act or other agrarian one lump sum for the amounts compensate the beneficiary in
transferred or conveyed except reform laws shall not be sold, the latter has already paid, one lump sum for the amounts
through hereditary succession, or transferred or conveyed except together with the value of the latter has already paid,
to the government, or the LBP, or through hereditary succession, or improvements he has made on together with the value of
to other qualified beneficiaries to the government, or to the LBP, the land. improvements he/she has made
for a period of ten (10) years: or to other qualified beneficiaries on the land. (as amended
provided, however, that the through the DAR for a period of by Section 12, RA 9700)
children or the spouse of the ten (10)
transferor shall have a right to years: Provided, however, That
repurchase the land from the the children or the spouse of the
government or LBP within a transferor shall have a right to SALE OR TRANSFER OF AWARDED LANDS PROHIBITED
period of two (2) years. Due repurchase the land from the
• General Rule: Beneficiaries cannot, within a period of 10
notice of the availability of the government or LBP within a
years, sell or transfer ownership of the land awarded to the
land shall be given by the LBP to period of two (2) years. Due
the Barangay Agrarian Reform notice of the availability of the
• Exceptions
Committee (BARC) of the land shall be given by the LBP to
barangay where the land is the BARC of the barangay where 1. Through hereditary successions
situated. The Provincial Agrarian the land is situated. The
Reform Coordinating Committee PARCCOM, as herein provided, 2. To the Government
(PARCCOM) as herein provided, shall, in turn, be given due notice
shall, in turn, be given due notice thereof by the BARC. 3. To the Land Bank of the Philippines
thereof by the BARC.
The title of the land awarded 4. To other qualified beneficiaries
under the agrarian reform must
indicate that it is an
emancipation patent or a
HEREDITARY SUCCESSION
certificate of land ownership
award and the subsequent
• Succession by intestate succession or by will to the
transfer title must also indicate
compulsory heirs
that it is an emancipation patent
or a certificate of land • Does not pertain to succession to other persons
ownership award
• RATIONALE: stems from the policy of
government to develop generations of farmers to
attain its avowed goal to have an adequate and
Agrarian Law and Social Legislation Artemis Notes 28