Professional Documents
Culture Documents
Comprehensive Agrarian Reform Law: Natalia Realty vs. Dar (1993)
Comprehensive Agrarian Reform Law: Natalia Realty vs. Dar (1993)
- Retained area does not have to be personally The right to choose the area to be retained, which shall
cultivated by the landowner. Cultivation can be be compact or contiguous, shall pertain to the
done indirectly through labor administration. landowner.
Additional three (3) hectares may be awarded to each If the land retained is tenanted, the tenant shall have
child of the landowner, subject to the following the option to choose whether to remain therein or be a
qualifications: beneficiary in the same or another agricultural land. The
tenant must exercise this option within a period of one
1. That the child is at least fifteen (15) years of (1) year from the time the landowner manifest his
age; choice of the area for retention.
2. That the child is actually tilling the land or In case the tenant chooses to remain in the retained
directly managing the farm. area, he shall be considered a leaseholder and shall lose
his right to be a beneficiary under this Act.
EXCEPTIONS to the retention limit of 5 hectares:
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In case the tenant chooses to be a beneficiary in 1. Landowner has engaged a person to personally
another agricultural land, he loses his right as a cultivate an agricultural land.
leaseholder to the land retained by the landowner.
2. Landowner is compensated:
IN CASE OF SPOUSES:
- in terms of share in produce (share tenancy); or
Conjugal or Absolute Community – spouses can
only retain 5 hectares. - in terms of price certain or ascertainable in
produce or in money or both (leasehold
Separation of property – spouses can retain 5 tenancy)
hectares each or a total of 10 hectares.
NB: Mere occupation or cultivation of an agricultural
RETENTION RIGHT VIS A VIS LANDS COVERED BY land will not ipso facto make tiller an agricultural tenant.
EMANCIPATION PATENT (EP) OR CERTIFICATE OF LAND
OWNERSHIP AWARD (CLOA): MAXIMUM OF THREE (3) HECTARES EACH AVAILABLE TO
LANDOWNER’S CHILDREN
Emancipation Patent or Certificate of Land
Ownership Award to beneficiaries does not If landowner owns more than 5 hectares of agricultural
absolutely bar landowner from retaining area land, the excess area may be awarded to the children of
covered. the landowner to the extent of 3 hectares for each child
under the following conditions:
If landowner is deprived of right to retention, he
may file a petition for cancellation of EP or CLOA 1. Child is at least 15 years
issued to the tenants.
2. Child is actually tilling the land or directly
EP or CLOA may be cancelled if land covered is managing the farm
found to be part of landowner’s retained area.
Qualified child who owns less than 5 hectares is still
IF RETAINED AREA IS TENANTED: entitled to an award of his parent’s landholding
provided that his total area including the awarded area
Choice of tenant: does not exceed the 5 hectares ownership ceiling.
1. Remain in the area chosen as retention area by Example: Child already owns 3 hectares of agricultural
landowner (becomes an Agricultural Lessee and land, he can still be awarded 2 hectares from his
will no longer qualify as an agrarian reform parent’s landholding.
beneficiary)
Land awarded to qualified children of landowners
2. Choose to become a beneficiary in the same or cannot be sold, transferred, conveyed within a period of
another agricultural land with similar or 10 years except:
comparable features (loses his right to become
an agricultural lessee and may qualify as an 1. Hereditary succession
agrarian reform beneficiary).
2. To the government
To be applicable, there must be a sufficient evidence of
landlord-tenant relationship: 3. Land Bank of the Philippines
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4. Other qualified beneficiaries Provided, That lands subject to CARP shall first undergo
the land acquisition and distribution process of the
Children or spouse can repurchase land from program:
government or land bank within 2 years from date of
transfer. Provided, further, That when these lands have been
subjected to expropriation, the agrarian reform
HOMESTEADERS VS. TENANTS beneficiaries therein shall be paid just compensation.
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Lands covered by the paragraph immediately preceding, However during the said period of effectivity, the
under lease, management, grower or service contracts, government shall take steps to acquire these lands for
and the like, shall be disposed of as follows: immediate distribution thereafter.
(a) Lease, management, grower or service contracts In general, lands shall be distributed directly to the
covering such lands covering an aggregate area in individual worker-beneficiaries. In case it is not
excess of 1,000 hectares, leased or held by foreign economically feasible and sound to divide the land, then
individuals in excess of 500 hectares are deemed they shall form a workers' cooperative or association
amended to conform with the limits set forth in Section which will deal with the corporation or business
3 of Article XII of the Constitution. association or any other proper party for the purpose of
entering into a lease or growers agreement and for all
(b) Contracts covering areas not in excess of 1,000 other legitimate purposes. Until a new agreement is
hectares in the case of such corporations and entered into by and between the workers' cooperative
associations, and 500 hectares, in the case of such or association and the corporation or business
individuals, shall be allowed to continue under their association or any other proper party, any agreement
original terms and conditions but not beyond August 29, existing at the time this Act takes effect between the
1992, or their valid termination, whichever comes former and the previous landowner shall be respected
sooner, after which, such agreements shall continue only by both the workers' cooperative or association and the
when confirmed by the appropriate government agency. corporation, business, association or such other proper
Such contracts shall likewise continue even after the party. In no case shall the implementation or application
lands has been transferred to beneficiaries or awardees of this Act justify or result in the reduction of status or
thereof, which transfer shall be immediately diminution of any benefits received or enjoyed by the
commenced and implemented and completed within the worker-beneficiaries, or in which they may have a
period of three (3) years mentioned in the first vested right, at the time this Act becomes effective.
paragraph hereof.
Such agreements can continue thereafter only under a
(c) In no case will such leases and other agreements new contract between the government or qualified
now being implemented extend beyond August 29, beneficiaries or awardees, on the one hand, and said
1992, when all lands subject hereof shall have been enterprises, on the other.
distributed completely to qualified beneficiaries or
awardees. Lands leased, held or possessed by multinational
corporations, owned by private individuals and private
Such agreements can continue thereafter only under a non-governmental corporations, associations,
new contract between the government or qualified institutions and entities, citizens of the Philippines, shall
beneficiaries or awardees, on the one hand, and said be subject to immediate compulsory acquisition and
enterprises, on the other. distribution upon the expiration of the applicable lease,
management, grower or service contract in effect as of
Lands leased, held or possessed by multinational August 29, 1987, or otherwise, upon its valid
corporations, owned by private individuals and private termination, whichever comes sooner, but not later
non-governmental corporations, associations, than after ten (10) years following the effectivity of the
institutions and entities, citizens of the Philippines, shall Act. However during the said period of effectivity, the
be subject to immediate compulsory acquisition and government shall take steps to acquire these lands for
distribution upon the expiration of the applicable lease, immediate distribution thereafter.
management, grower or service contract in effect as of
August 29, 1987, or otherwise, upon its valid In general, lands shall be distributed directly to the
termination, whichever comes sooner, but not later than individual worker-beneficiaries.
after ten (10) years following the effectivity of the Act.
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In case it is not economically feasible and sound to
divide the land, then they shall form a workers'
cooperative or association which will deal with the
corporation or business association or any other proper
party for the purpose of entering into a lease or growers
agreement and for all other legitimate purposes. Until a
new agreement is entered into by and between the
workers’ cooperative or association and the corporation
or business association or any other proper party, any
agreement existing at the time this Act takes effect
between the former and the previous landowner shall
be respected by both the workers' cooperative or
association and the corporation, business, association or
such other proper party. In no case shall the
implementation or application of this Act justify or
result in the reduction of status or diminution of any
benefits received or enjoyed by the worker-
beneficiaries, or in which they may have a vested right,
at the time this Act becomes effective.
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EXEMPTIONS AND EXCLUSIONS (Sec. 10, RA 6657) - There is no law or jurisprudence that holds that
the land classification embodied in the tax
What is not covered by CARP? declarations is conclusive and final nor would
proscribe any further inquiry. Furthermore, the
Lands actually, directly and exclusively used and found tax declarations are clearly not the sole basis of
to be necessary for parks, wildlife, forest reserves, the classification of a land. In fact, DAR
reforestation, fish sanctuaries and breeding grounds, Administrative Order No. 6 lists other
watersheds, and mangroves, national defense, school documents, aside from tax declarations, that
sites and campuses including experimental farm stations must be submitted when applying for
operated by public or private schools for educational exemption from CARP.
purposes, seeds and seedlings research and pilot
production centers, church sites and convents - In this case, the Court of Appeals was
appurtenant thereto, mosque sites and Islamic centers constrained to resort to an ocular inspection of
appurtenant thereto, communal burial grounds and said properties through the commission it
cemeteries, penal colonies and penal farms actually created considering that the opinion of
worked by the inmates, government and private petitioner DAR conflicted with the land use map
research and quarantine centers and all lands with submitted in evidence by private respondent.
eighteen percent (18%) slope and over, except those Respondent court also noted that even from the
already developed shall be exempt from the coverage of beginning the properties of private respondent
the Act. had no definite delineation and classification.
Hence, the survey of the properties through the
DISCREPANCY IN LAND CLASSIFICATION court appointed commissioners was the
judicious and equitable solution to finally
Republic of the Philippines rep. by DAR vs. CA, Green resolve the issue of land classification and
City Estate and Development Corp. (Oct. 5, 2000) delineation.
- Involves a 112-hectares of land in Jala-jala, Rizal - The commissioner’s report on the actual
classified as “agricultural” per tax declaration. condition of the properties confirms the fact
that the properties are not wholly agricultural.
- The DAR put it under the coverage of CARP.
- Application for exemption was denied by DAR. 1. actually, directly and exclusively used for
educational purposes; and
- ISSUE: WON the land is exempted from CARP
considering that the tax declaration shows that 2. found necessary by the school for school sites
it is classified as agricultural. and campuses.
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Central Mindanao University vs. DARAB (1992) LAND ACQUISITION (Sec. 16, RA 6657)
FACTS: On 16 January 1958, President Carlos Garcia Procedure for Acquisition of Private Lands. — For
issued Proclamation No. 467 reserving for the Mindanao purposes of acquisition of private lands, the following
Agricultural College, now the CMU, a piece of land to be procedures shall be followed:
used as its future campus. In 1984, CMU embarked on a
project titled "Kilusang Sariling Sikap" wherein parcels (a) After having identified the land, the
of land were leased to its faculty members and landowners and the beneficiaries, the DAR shall
employees. Under the terms of the program, CMU will send its notice to acquire the land to the
assist faculty members and employee groups through owners thereof, by personal delivery or
the extension of technical know-how, training and other registered mail, and post the same in a
kinds of assistance. In turn, they paid the CMU a service conspicuous place in the municipal building and
fee for use of the land. The agreement explicitly barangay hall of the place where the property is
provided that there will be no tenancy relationship located. Said notice shall contain the offer of the
between the lessees and the CMU. DAR to pay a corresponding value in accordance
with the valuation set forth in Sections 17, 18,
When the program was terminated, a case was filed by and other pertinent provisions hereof.
the participants of the "Kilusang Sariling Sikap" for
declaration of status as tenants under the CARP. In its (b) Within thirty (30) days from the date of
resolution, DARAB, ordered, among others, the receipt of written notice by personal delivery or
segregation of 400 hectares of the land for distribution registered mail, the landowner, his
under CARP. The land was subjected to coverage on the administrator or representative shall inform the
basis of DAR's determination that the lands do not meet DAR of his acceptance or rejection of the offer.
the condition for exemption, that is, it is not "actually,
directly, and exclusively used" for educational purposes. (c) If the landowner accepts the offer of the
DAR, the Land Bank of the Philippines (LBP)
ISSUE: WON the CMU land is covered by CARP? Who shall pay the landowner the purchase price of
determines whether lands reserved for public use by the land within thirty (30) days after he
presidential proclamation is no longer actually, directly executes and delivers a deed of transfer in favor
and exclusively used and necessary for the purpose for of the government and surrenders the
which they are reserved? Certificate of Title and other muniments of title.
RULING: The land is exempted from CARP. CMU is in the (d) In case of rejection or failure to reply, the
best position to resolve and answer the question of DAR shall conduct summary administrative
when and what lands are found necessary for its use. proceedings to determine the compensation for
The Court also chided the DARAB for resolving this issue the land requiring the landowner, the LBP and
of exemption on the basis of "CMU's present needs." other interested parties to submit evidence as
The Court stated that the DARAB decision stating that to the just compensation for the land, within
for the land to be exempt it must be "presently, actively fifteen (15) days from the receipt of the notice.
exploited and utilized by the university in carrying out After the expiration of the above period, the
its present educational program with its present student matter is deemed submitted for decision. The
population and academic faculty" overlooked the very DAR shall decide the case within thirty (30) days
significant factor of growth of the university in the years after it is submitted for decision.
to come.
(e) Upon receipt by the landowner of the
corresponding payment or, in case of rejection
or no response from the landowner, upon the
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deposit with an accessible bank designated by through Certificate of Land Ownership Awards
the DAR of the compensation in cash or in LBP (CLOA).
bonds in accordance with this Act, the DAR shall
take immediate possession of the land and shall TWO NOTICE RULE TO LANDOWNER FOR VALIDITY OF
request the proper Register of Deeds to issue a COVERAGE
Transfer Certificate of Title (TCT) in the name of
the Republic of the Philippines. The DAR shall 1. Notice of Coverage
thereafter proceed with the redistribution of
the land to the qualified beneficiaries. 2. Notice of Acquisition
(f) Any party who disagrees with the decision LAND ACQUISITION PROCEDURE SHOULD BE STRICTLY
may bring the matter to the court of proper CONSTRUED
jurisdiction for final determination of just
compensation. Land acquisition under agrarian reform law is an
extraordinary method of expropriation.
But the order above may be dispensed with in the event 1. cost of acquisition of the land
of the lower adjudicatory board's non-availability, 2. current value of similar properties
inhibition, or disqualification (i.e., if the PARAD is 3. official assessment by the government
unavailable, even if the land value is more than 10 4. nature of the property
Million, the RARAD may conduct the preliminary 5. non-payment of taxes or loans
proceedings). 6. sworn valuation of the owner
7. actual income and use
VALUATION SET BY DAR NOT CONCLUSIVE 8. tax declarations
9. economic and social benefits
Valuation set by Land Bank is not conclusive. Landowner
can contest it before the proper court, the RTC NB: Factors for determination of just compensation,
designated as Special Agrarian Court. which the DAR converted into a formula are mandatory
and not mere guidelines which the RTC may disregard.
Sec. 6, Rule 19 of 2006 DARAB Rules of Procedure. Filing
of Original Action with the Special Agrarian Court for Is the consent of the farmer-beneficiary necessary in
Final Determination. determining just compensation?
The party who disagrees with the decision of the No. The CARL, under Section 18, states that the
Board/Adjudicator may contest the same by filing an compensation may be agreed upon by the landowner,
original action with the Special Agrarian Court (SAC) DAR, and LBP.
having jurisdiction over the subject property within
fifteen (15) days from his receipt of the Land Bank cannot refuse to pay valuation set by PARAD
Board/Adjudicator’s decision. simply because consent of farmer beneficiary was not
obtained in fixing just compensation.
Immediately upon filing with the SAC, the party shall file
a Notice of Filing of Original Action with the
Board/Adjudicator, together with a certified true copy of LAND REDISTRIBUTION
the petition filed with the SAC.
Who may qualify as agrarian reform beneficiaries under
Failure to file a Notice of Filing of Original Action or to RA 6657? (Sec. 22)
submit a certified true copy of the petition shall render
the decision of the Board/Adjudicator final and Sec. 22, RA 6657. Qualified Beneficiaries. — The lands
executory. covered by the CARP shall be distributed as much as
possible to landless residents of the same barangay, or
Upon receipt of the Notice of Filing of Original Action or in the absence thereof, landless residents of the same
municipality in the following order of priority:
certified true copy of the petition filed with the SAC, no
writ of execution shall be issued by the
(a) agricultural lessees and share tenants;
Board/Adjudicator.
(b) regular farmworkers;
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(c) seasonal farmworkers; three (3) hectares of land.
- Not literally without land owned.
(d) other farmworkers;
REQUIREMENTS to become a CARP beneficiary under
(e) actual tillers or occupants of public lands;
DAR A.O. No. 2, Series of 2009:
(f) collectives or cooperatives of the above (a) Age – must be at least 15 years old at the
beneficiaries; and time of identification, screening, and selection.
(b) Residency – He must reside in the
(g) others directly working on the land. barangay/municipality where the land is
located.
Provided, however, that the children of landowners who
are qualified under Section 6 of this Act shall be given (c) Citizenship – He must be a Filipino citizen.
preference in the distribution of the land of their (d) Capability – He must be willing, able and
parents: and provided, further, that actual tenant-tillers equipped with aptitude to cultivate and make the
in the landholdings shall not be ejected or removed land productive.
therefrom.
MANAGERIAL FARM WORKERS NOT QUALIFIED TO
Beneficiaries under Presidential Decree No. 27 who have BECOME BENEFICIARIES
culpably sold, disposed of, or abandoned their land are
disqualified to become beneficiaries under this Program.
Farmworkers holding managerial or supervisory
A basic qualification of a beneficiary shall be his positions as of June 15, 1988 are not qualified to
willingness, aptitude, and ability to cultivate and make become agrarian reform beneficiaries. However,
the land as productive as possible. The DAR shall adopt farmworkers promoted to managerial or supervisory
a system of monitoring the record or performance of position after they were identified, screened and
each beneficiary, so that any beneficiary guilty of selected will remain to be qualified beneficiaries.
negligence or misuse of the land or any support
extended to him shall forfeit his right to continue as WHO ARE DISQUALIFIED FROM BECOMING AGRARIAN
such beneficiary. The DAR shall submit periodic reports
REFORM BENEFICIARIES
on the performance of the beneficiaries to the PARC.
If, due to the landowner's retention rights or to the The following tenants, lessees or farm workers:
number of tenants, lessees, or workers on the land, 1. Those who do not meet the basic qualifications;
there is not enough land to accommodate any or some 2. Those who have waived their right to become
of them, they may be granted ownership of other lands an agrarian reform beneficiary in exchange for
available for distribution under this Act, at the option of compensation, provided that waiver has not
the beneficiaries. been questioned in proper government entity;
3. Those who have not paid an aggregate of three (3)
annual amortizations;
Farmers already in place and those not accommodated
4. Those who have failed to exercise right of
in the distribution of privately-owned lands will be given redemption/repurchase within 2 years
preferential rights in the distribution of lands from the
resulting in foreclosure of mortgage by Land
public domain. Bank of the Philippines of a previously
awarded land;
WHO ARE CONSIDERED “LANDLESS”? 5. Those who refused to pay 3 annual
- If the farmer/tiller owns an area of less than amortizations for land acquired through
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voluntary land transfer or direct payment (d) collectives or cooperatives of the above
scheme, resulting in repossession by beneficiaries
landowner;
(e) other persons directly working on the land
6. Those who have been dismissed for cause;
7. Those who have obtained substantially equivalent
employment;
- any employment or profession form which
applicant farmer derives income equivalent DISTRIBUTION LIMIT (Sec. 23, RA 6657)
to income of a regular farm worker at time of
identification, screening, and selection of Distribution Limit. — No qualified beneficiary may own
beneficiary more than three (3) hectares of agricultural land.
8. those who have retired or voluntarily resigned
from employment; NB: The three (3) hectares that may be awarded to a
9. those who have misused the land or diverted qualified beneficiary is just the maximum land area or
the financial support services extended by the award limit/ceiling. It is not the mandatory area that
government; should be given to a qualified ARB.
10. those who have misrepresented
materialfacts in basic qualifications;
11. those who have sold, disposed, or abandoned FACTORS TO CONSIDER IN DETERMINING THE SIZE TO
the lands awarded to them by the government; BE AWARDED
12. those who have converted agricultural lands to (a) type of crop;
non-agricultural use without prior approval (b) type of soil;
from DAR; (c) weather patterns; and
13. those who have been finally adjudged guilty of (d) other pertinent factors critical for the
forcible entry or unlawful detainer over the success of the beneficiaries.
property; and
14. those who have violated agrarian reform laws and AWARD TO BENEFICIARIES (Sec. 24, RA 6657)
regulations.
Award to Beneficiaries. — The rights and
responsibilities of the beneficiary shall
ORDER OF PREFERENCE RE: LAND DISTRIBUTION commence from the time the DAR makes an
(1) Each child of the landowner, who is at least 15 award of the land to him, which award shall be
years old and actually tilling or directly managing the completed within one hundred eighty (180)
farm, enjoys first preference in the distribution of the days from the time the DAR takes actual
land, up to 3 hectares each. possession of the land. Ownership of the
beneficiary shall be evidenced by a Certificate
(2) After the children, up to 3 hectares for each: of Land Ownership Award, which shall contain
(a) agricultural lessees and share tenants the restrictions and conditions provided for in
(b) regular farmworkers this Act, and shall be recorded in the Register of
Deeds concerned and annotated on the
(3) Once the lessees, tenants, and regular Certificate of Title.
farmworkers have received their share, the
remaining portion, if any, will be given to: TRANSFER OF OWNERSHIP TO THE BENEFICIARIES IS
(a) seasonal farmworkers NOT AUTOMATIC
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WHEN DOES THE DAR ISSUE A CERTIFICATE OF LAND
OWNERSHIP AWARD (CLOA)? RULING:
After complying with the procedure in Section 105 of
The DAR will issue the CLOA only upon full payment of Presidential Decree No. 1529, otherwise known as the
amortization by the farmer-beneficiary. The CLOA in Property Registration Decree where the DAR is required
turn, becomes the basis for the issuance in his name of to issue the corresponding certificate of title after
an original or transfer certificate of title. granting an EP to tenant-farmers who have complied
with Presidential Decree No. 27, the TCTs issued to
NB: CLOA is indefeasible. petitioners pursuant to their EPs acquire the same
CLOAs are titles brought under the operation of the protection accorded to other TCTs. The certificate of
Torrens system. They are conferred the same title becomes indefeasible and incontrovertible upon
indefeasibility of titles granted under P.D. 1529, after the expiration of one year from the date of the issuance
one year from its registration with the Registry of of the order for the issuance of the patent. Lands
Deeds. covered by such title may no longer be the subject
matter of a cadastral proceeding, nor can it be decreed
Estribillo vs. DAR, Hacienda Maria Inc. (2006) to another person.
RESOLUTION OF AGRARIAN DISPUTES Any decision, order, award or ruling of the DAR on any
agrarian dispute or on any matter pertaining to the
Administrative: DAR (thru DARAB, RARAD and/or
application, implementation, enforcement or
PARAD)
interpretation of the CARL and other pertinent laws on
Judicial: Special Agrarian Court (RTC as designated) agrarian reform may be brought to the Court of
Appeals by certiorari within fifteen (15) days from
receipt of a copy thereof. (Sec. 54, RA 6657)
A. ADMINISTRATIVE
The findings of fact of the DAR shall be final and
The DAR is vested with primary jurisdiction to conclusive if based on substantial evidence.
determine and adjudicate agrarian reform matters Notwithstanding an appeal to the Court of Appeals,
and shall have exclusive original jurisdiction over all the decision of the DAR shall be immediately
matter involving the implementation of agrarian executory.
reform, except those falling under the exclusive
jurisdiction of the Department of Agriculture and the B. JUDICIAL (Sec. 56, RA 6657)
Department of Environment and Natural Resources.
The Special Agrarian Courts (Regional Trial Courts) shall
1. Department of Agrarian Reform Adjudication have original and exclusive jurisdiction over:
Board (DARAB)
a. Exercises both original and appellate a. All petitions for the determination of
jurisdiction just compensation to landowners; and
b. Exercises functional supervision over b. The prosecution of all criminal offenses
the RARAD and PARAD under the CARL.
2. Regional Agrarian Reform Adjudicator (RARAD)
a. Executive Adjudicator in his region APPOINTMENT OF COMMISSIONERS
b. Receives, hears and adjudicates cases
which the PARAD cannot handle The Special Agrarian Courts, upon their own initiative or
because the latter is disqualified or at the instance of any of the parties, may appoint one or
inhibits himself or because the case is more commissioners to examine, investigate and
complex or sensitive. ascertain facts relevant to the dispute, including the
3. Provincial Agrarian Reform Adjudicator (PARAD) valuation of properties and to file a written report
thereof with the court.
RULES OF PROCEDURE IN ADMINISTRATIVE
ADJUDICATION APPEALS
DAR shall not be bound by technical rules of procedure Appeal from the Decision of the Special Agrarian Court
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- Within fifteen (15) days from the receipt of the al., in which it was "emphatically ruled that agrarian
decision of the Special Agrarian Court, an cases no longer fall under the jurisdiction of Regional
appeal may be taken by filing a petition for Trial Courts but rather under the jurisdiction of the
DAR Adjudication Board."
review with the Court of Appeals.
The petitioner Rufina Vda. de Tangub, now widowed, is
Appeal from the Decision of the Court of Appeals once again before the Supreme Court, contending that
- Within a non-extendible period of fifteen (15) the Trial Court's "order of dismissal, and the decision
days from the receipt of the decision of the of the Honorable Court of Appeals affirming it, are
Court of Appeals, an appeal may be taken by patently illegal and unconstitutional" because they
filing a petition for review with the Supreme deprive "a poor tenant access to courts and directly
Court. violate R.A. 6657, PD 946, and Batas Bilang 129."
RUFINA VDA. DE TANGUB v. CA (1990) ISSUE: WON the RTC and the CA erred in dismissing
the case filed by the petitioners Tangub
FACTS: Rufina Tangub and her husband, Andres, now
deceased, filed with the Regional Trial Court of Lanao RULING: NO. The Regional Trial Court of Iligan City was
del Norte "an agrarian case for damages by reason of therefore correct in dismissing Agrarian Case No. 1094.
unlawful dispossession . . .as tenants from the It being a case concerning the rights of the plaintiffs as
landholding" owned by the Spouses Domingo and tenants on agricultural land, not involving the "special
Eugenia Martil. Several persons were also impleaded jurisdiction" of said Trial Court acting as a Special
as defendants, including the Philippine National Bank, Agrarian Court, it clearly came within the exclusive
it being alleged by the plaintiff spouses that said bank, original jurisdiction of the Department of Agrarian
holder of a mortgage on the land involved, had caused Reform, or more particularly, the Agrarian Reform
foreclosure thereof, resulting in the acquisition of the Adjudication Board, established precisely to wield the
property by the bank as the highest bidder at the adjudicatory powers of the Department.
foreclosure sale, and in the sale by the latter,
sometime later, of portions of the land to the other
persons named as its co-defendants (all employees of
the National Steel Corporation), and it being prayed
that mortgage and the transactions thereafter made in
relation thereto be annulled and voided.
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OTHER IMPORTANT PROVISIONS:
Barangay Agrarian Reform Committee (BARC) Sec. 46, TAX EXEMPTION ON TRANSACTIONS UNDER R.A. 6657
RA 6657
Section 66. Exemptions from Taxes and Fees of Land
Section 47. Functions of the BARC. — In addition to Transfers. — Transactions under this Act involving a
those provided in Executive Order No. 229, the BARC transfer of ownership, whether from natural or juridical
shall have the following functions: persons, shall be exempted from taxes arising from
capital gains. These transactions shall also be exempted
(a) Mediate and conciliate between parties from the payment of registration fees, and all other
involved in an agrarian dispute including taxes and fees for the conveyance or transfer thereof;
matters related to tenurial and financial provided, that all arrearages in real property taxes,
arrangements; without penalty or interest, shall be deductible from the
compensation to which the owner may be entitled.
(b) Assist in the identification of qualified
beneficiaries and landowners within the Section 67. Free Registration of Patents and Titles. —
barangay; All Registers of Deeds are hereby directed to register,
free from payment of all fees and other charges,
(c) Attest to the accuracy of the initial parcellary patents, titles and documents required for the
mapping of the beneficiary's tillage; implementation of the CARP.
(d) Assist qualified beneficiaries in obtaining What are the prohibited acts/omissions under R.A.
credit from lending institutions; 6657?
(e) Assist in the initial determination of the Section 73. Prohibited Acts and Omissions. — The
value of the land; following are prohibited:
(f) Assist the DAR representatives in the (a) The ownership or possession, for the
preparation of periodic reports on the CARP purpose of circumventing the provisions of this
implementation for submission to the DAR; Act, of agricultural lands in excess of the total
retention limits or award ceilings by any person,
(g) Coordinate the delivery of support services natural or juridical, except those under
to beneficiaries; and collective ownership by farmer-beneficiaries.
(h) Perform such other functions as may be (b) The forcible entry or illegal detainer by
assigned by the DAR. persons who are not qualified beneficiaries
under this Act to avail themselves of the rights
(2) The BARC shall endeavor to mediate, conciliate and and benefits of the Agrarian Reform Program.
settle agrarian disputes lodged before it within thirty
(30) days from its taking cognizance thereof. If after the (c) The conversion by any landowner of his
lapse of the thirty day period, it is unable to settle the agricultural land into any non-agricultural use
dispute, it shall issue a certificate of its proceedings and with intent to avoid the application of this Act to
shall furnish a copy thereof upon the parties within his landholdings and to dispossess his tenant
seven (7) days after the expiration of the thirty-day farmers of the land tilled by them.
period.
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(d) The willful prevention or obstruction by any
person, association or entity of the
implementation of the CARP.
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