Beneficiaries SECTION 22, RA 6657, As Amended Distribution: The Essentials SECTION 22-A, RA 6657, As Amended

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 5

BENEFICIARIES unwillingness to cultivate the land and make it

SECTION 22, RA 6657, as amended productive.


SECTION 22. Qualified Beneficiaries. – The lands DISTRIBUTION: THE ESSENTIALS
covered by the CARP shall be distributed as much as SECTION 22-A, RA 6657, as amended
possible to landless residents of the same barangay, or SECTION 22. Qualified Beneficiaries. – The lands
in the absence thereof, landless residents of the same covered by the CARP shall be distributed as much as
municipality in the following order of priority: possible to landless residents of the same barangay, or
(a) agricultural lessees and share tenants; in the absence thereof, landless residents of the same
(b) regular farmworkers; municipality in the following order of priority:
(c) seasonal farmworkers; (a) agricultural lessees and share tenants;
(d) other farmworkers;
(e) actual tillers or occupants of public lands; SECTION 23, RA 6657, as amended
(f) collectives or cooperatives of the above SECTION 23. Distribution Limit. – No qualified
beneficiaries; and beneficiary may own more than three (3) hectares of
(g) others directly working on the land. agricultural land.

Provided, however, That the children of landowners who SECTIONS 93-95, DAR A.O. No. 07, s. 2011
are qualified under Section 6 of this Act shall be given SECTION 93.   Allocation of Awarded Lands. — The
preference in the distribution of the land of their equitable allocation of the land shall be observed in the
parents: and Provided, further, That actual tenant-tillers following manner:
in the landholdings shall not be ejected or removed a. Landholdings covered by CARP shall be allocated
therefrom. first to agricultural lessees, tenants, and regular
farm workers of the same landholding up to a
Beneficiaries under Presidential Decree No. 27 who have maximum of three (3) hectares each. In case the
culpably sold, disposed of, or abandoned their land are landholding is not sufficient to award each
disqualified to become beneficiaries under this Program. agricultural lessee, tenant, and regular farm worker
three (3) hectares each, it shall be distributed in the
A basic qualification of a beneficiary shall be his manner provided in Section 94 of this A.O.    
willingness, aptitude, and ability to cultivate and make b. After complying with the three (3)-hectare allocation
the land as productive as possible. The DAR shall adopt requirement for lessees, tenants, and regular farm
a system of monitoring the record or performance of workers, as the case may be, the MARO shall
each beneficiary, so that any beneficiary guilty of determine the remaining area left for distribution to
negligence or misuse of the land or any support seasonal farm workers, other farm workers, actual
extended to him shall forfeit his right to continue as such tillers or occupants of public lands, and others
beneficiary. The DAR shall submit periodic reports on the directly working on the land, in the manner provided
performance of the beneficiaries to the PARC. by Section 95 of this A.O.
c. Excess areas, if any, after the allocation mentioned
If, due to the landowner’s retention rights or to the in the preceding paragraph shall be awarded to
number of tenants, lessees, or workers on the land, collectives or cooperatives of the above
there is not enough land to accommodate any or some beneficiaries. However, the tenants/lessees in such
of them, they may be granted ownership of other lands excess areas shall be given a reasonable time to
available for distribution under this Act, at the option of harvest the produce of his/her crop, subject to the
the beneficiaries. rules on standing crops.
d. In cases, however, where there are preferred
Farmers already in place and those not accommodated beneficiaries approved upon nomination of the LO,
in the distribution of privately-owned lands will be given each preferred beneficiary may select a contiguous
preferential rights in the distribution of lands from the and compact area, no medium than three (3)
public domain. hectares, to be allocated to them prior to
determining the allocation for the ARBs, provided
SECTION 48, DAR A.O. No. 07, series of 2011 that in no case may the distribution of lands to
preferred beneficiaries deprive each of the
LOs who have voluntarily offered their landholdings for
agricultural lessees and tenants of being awarded
coverage under CARP, and those who have previously
the portion of the landholding they are actually
waived their rights to retain, are disqualified from
tenanting/leasing, which in no case shall be more
becoming ARBs of other landholding/s being covered or
than three (3) hectares.
to be covered under CARP. The LO’s voluntary offer or
his previous waiver is construed to be an inability and/or SECTION 94.   If Land Not Enough for Agricultural
Lessees, Tenants, and Regular Farmworkers.  — In cases
where the land area is not enough to meet the three
(3)-hectare award ceiling for each agricultural lessee, who has served least. Each of the other farmworkers
tenant, and regular farmworkers in a particular shall, thereafter, be awarded one thousand (1,000)
landholding, then the landholding shall be divided square meters each starting from the person at the
equally among them, provided that in no case may the top of the list, until the area remaining is less than
allocation of lands deprive each of the agricultural one thousand (1,000) square meters. The remaining
lessees and tenants of being awarded the portion of the land area, if any, shall then be distributed equally
landholding they are actually tenanting/leasing, which in among those who received one thousand (1,000)
no case shall be more than three (3) hectares. However, square meters each.
in the extreme cases that the land area is not enough to c. If after all the other farmworkers have been
provide all them one thousand (1,000) square meters allocated three (3) hectares each there still remains
each, the names of the said agricultural lessee, tenant, a land area, and if the landholding is an untitled
and regular farmworkers shall be listed from the ARB private agricultural land, it shall be distributed
who has leased/served the most aggregate time to equally among the actual tillers or occupants of that
him/her who has leased/served least. Each ARB shall, public land, but in no case shall each be awarded
thereafter, be awarded one thousand (1,000) square more than three (3) hectares each. In the extreme
meters each starting from the person at the top of the cases that the land area is not enough to provide all
list, until the area remaining is less than one thousand the actual tiller/occupant one thousand (1,000)
(1,000) square meters. The remaining land area, if any, square meters each, the names of the said actual
shall then be distributed equally among those who tiller/occupant shall be listed from the actual
received one thousand (1,000) square meters each. tiller/occupant who has tilled/occupied the said land
Other qualified beneficiaries under Section 22 of RA. No. the most aggregate time to him/her who has
6657, as amended, who are displaced after the tilled/occupied least. Each of the actual
distribution of all available land to tenants/lessees, may tiller/occupant shall, thereafter, be awarded one
still qualify as ARBs in other lands covered under the thousand (1,000) square meters each starting from
CARP.  the person at the top of the list, until the area
SECTION 95.   Allocation of Seasonal Farmworkers, remaining is less than one thousand (1,000) square
Other Farmworkers, Actual Tillers or Occupants of Public meters. The remaining land area, if any, shall then
Lands, and Others Directly Working on the Land. — The be distributed equally among those who received
remaining land shall be allocated to the seasonal one thousand (1,000) square meters each.    
farmworkers, other farmworkers, actual tillers or d. Finally, if after all the actual tiller/occupant have
occupants of public lands, and others directly working on been allocated three (3) hectares each there still
the land in the following manner: remains a land area, or if the landholding is not an
a. The remaining area shall be distributed equally untitled private agricultural land, it shall be
among seasonal farmworkers, but in no case shall distributed equally among the other persons directly
each be awarded more than three (3) hectares each. working on the land, but in no case shall each be
In the extreme cases that the land area is not awarded more than three (3) hectares each. In the
enough to provide all the seasonal farmworkers one extreme cases that the land area is not enough to
thousand (1,000) square meters each, the names of provide all these other persons one thousand
the said seasonal farmworkers shall be listed from (1,000) square meters each, the names of these
the farmworker who has served the most aggregate other persons shall be listed from him/her who has
time to him/her who has served least. Each seasonal worked the said land the most aggregate time to
farmworker shall, thereafter, be awarded one him/her who has worked least. Each of the actual
thousand (1,000) square meters each starting from tiller/occupant shall, thereafter, be awarded one
the person at the top of the list, until the area thousand (1,000) square meters each starting from
remaining is less than one thousand (1,000) square the person at the top of the list, until the area
meters. The remaining land area, if any, shall then remaining is less than one thousand (1,000) square
be distributed equally among those who received meters. The remaining land area, if any, shall then
one thousand (1,000) square meters each. be distributed equally among those who received
b. If after all the seasonal farmworkers have been one thousand (1,000) square meters each.
allocated three (3) hectares each there still remains AWARD TO BENEFICIARIES
a land area, or if there are no seasonal farmworkers, RA 6657
it shall be distributed equally among the other SECTION 22. ---
farmworkers, but in no case shall each be awarded SECTION 24. Award to Beneficiaries. – The rights and
more than three (3) hectares each. In the extreme responsibilities of the beneficiary shall commence from
cases that the land area is not enough to provide all the time the DAR makes an award of the land to him,
the other farmworkers one thousand (1,000) square which award shall be completed within one hundred
meters each, the names of the said other eighty (180) days from the time the DAR takes actual
farmworkers shall be listed from the farmworker possession of the land. Ownership of the beneficiary
who has served the most aggregate time to him/her shall be evidenced by a Certificate of Land Ownership
Award, which shall contain the restrictions and (a) Land surveys and titling;
conditions provided for in this Act, and shall be recorded (b) Liberalized terms on credit facilities and production
in the Register of Deeds concerned and annotated on loans;
the Certificate of Title. (c) Extension services by way of planting, cropping,
SECTION 25. Award Ceilings for Beneficiaries. – production and post-harvest technology transfer, as well
Beneficiaries shall be awarded an area not exceeding as marketing and management assistance and support
three (3) hectares which may cover a contiguous tract of to cooperatives and farmers’ organizations;
land or several parcels of land cumulated up to the (d) Infrastructure such as access trails, mini-dams,
prescribed award limits. public utilities, marketing and storage facilities; and
For purposes of this Act, a landless beneficiary is one (e) Research, production and use of organic fertilizers
who owns less than three (3) hectares of agricultural and other local substances necessary in farming and
land. cultivation.
The beneficiaries may opt for collective ownership, such The PARC shall formulate policies to ensure that support
as co-ownership or farmers cooperative or some other services to farmer-beneficiaries shall be provided at all
form of collective organization: Provided, That the total stages of land reform.
area that may be awarded shall not exceed the total The Bagong Kilusang Kabuhayan sa Kaunlaran (BKKK)
number of co-owners or member of the cooperative or Secretariat shall be transferred and attached to the LBP,
collective organization multiplied by the award limit for its supervision including all its applicable and existing
above prescribed, except in meritorious cases as funds, personnel, properties, equipment and records.
determined by the PARC. Title to the property shall be Misuse or diversion of the financial and support services
issued in the name of the co-owners or the cooperative herein provided shall result in sanctions against the
or collective organization as the case may be. beneficiary guilty thereof, including the forfeiture of the
SECTION 27. Transferability of Awarded Lands. – land transferred to him or lesser sanctions as may be
Lands acquired by beneficiaries under this Act may not provided by the PARC, without prejudice to criminal
be sold, transferred or conveyed except through prosecution.
hereditary succession, or to the government, or to the SECTION 73. Prohibited Acts and Omissions. – The
LBP, or to other qualified beneficiaries for a period of ten following are prohibited:
(10) years: Provided, however, That the children or the (a) The ownership or possession, for the purpose of
spouse of the transferor shall have a right to repurchase circumventing the provisions of this Act, of agricultural
the land from the government or LBP within a period of lands in excess of the total retention limits or award
two (2) years. Due notice of the availability of the land ceilings by any person, natural or juridical, except those
shall be given by the LBP to the Barangay Agrarian under collective ownership by farmer-beneficiaries.
Reform Committee (BARC) of the barangay where the
(b) The forcible entry or illegal detainer by persons who
land is situated. The Provincial Agrarian Reform
are not qualified beneficiaries under this Act to avail
Coordinating Committee (PARCCOM) as herein provided,
themselves of the rights and benefits of the Agrarian
shall, in turn, be given due notice thereof by the BARC.
Reform Program.
If the land has not yet been fully paid by the beneficiary,
(c) The conversion by any landowner of his agricultural
the rights to the land may be transferred or conveyed,
land into any non-agricultural use with intent to avoid
with prior approval of the DAR, to any heir of the
the application of this Act to his landholdings and to
beneficiary or to any other beneficiary who, as a
dispossess his tenant farmers of the land tilled by them.
condition for such transfer or conveyance, shall cultivate
(d) The willful prevention or obstruction by any person,
the land himself. Failing compliance herewith, the land
association or entity of the implementation of the CARP.
shall be transferred to the LBP which shall give due
notice of the availability of the land in the manner (e) The sale, transfer, conveyance or change of the
specified in the immediately preceding paragraph. nature of lands outside of urban centers and city limits
either in whole or in part after the effectivity of this Act.
In the event of such transfer to the LBP, the latter shall
The date of the registration of the deed of conveyance
compensate the beneficiary in one lump sum for the
in the Register of Deeds with respect to titled lands and
amounts the latter has already paid, together with the
the date of the issuance of the tax declaration to the
value of improvements he has made on the land.
transferee of the property with respect to unregistered
SECTION 28. Standing Crops at the Time of
lands, as the case may be, shall be conclusive for the
Acquisition. – The landowner shall retain his share of
purpose of this Act.
any standing crops unharvested at the time the DAR
(f) The sale, transfer or conveyance by a beneficiary of
shall take possession of the land under Section 16 of this
the right to use or any other usufructuary right over the
Act, and shall be given a reasonable time to harvest the
land he acquired by virtue of being a beneficiary, in
same.
order to circumvent the provisions of this Act.
SECTION 37. Support Services to the Beneficiaries. –
The PARC shall ensure that support services to farmer-
beneficiaries are provided, such as: DAR A.O. No. 07, s. 2011
SECTION 96.  Award of CLOA. — In general, the land SECTION 73.   Period to Issue and Serve the Notice of
awarded to an ARB should be under an individual CLOA- Valuation and Acquisition. — Within three (3) days after
title covering one (1) contiguous tract or several parcels the PARO receives the MOV with the LVW and the copy
of land cumulated up to a maximum of three (3) of the abovementioned contents of the CF from the LBP,
hectares. he/she shall immediately issue the NLVA attached
thereto a copy of the MOV with the LVW, transmit the
Qualified beneficiaries may opt for collective ownership, same to the MARO, and direct the latter to serve the
through a co-workers or farmers' cooperative/association NLVA and MOV with the LVW to the LO within five (5)
or some other form of collective organization, for the days from his receipt thereof, in the manner provided in
issuance of collective ownership titles: Provided, That Section 74 hereof. 
the total area to be awarded shall not exceed the total
number of co-owners or members of the cooperative or The addresses of the LBP and the Provincial Agrarian
collective organization multiplied by the award limit of Reform Adjudicator (PARAD), Regional Agrarian Reform
three (3) hectares, except in meritorious cases as may Adjudicator (RARAD), and the Department of Agrarian
be determined by the PARC, and provided further that Reform Adjudication Board (DARAB) must be stated in
the conditions for the grant of collective CLOAs under the NLVA.
this A.O. are met.
CASES:
PAYMENT BY BENEFICIARIES
Under collective ownership, a collective CLOA to the
property shall be issued in the names of the co-owners, SECTION 26, RA 6657, as amended
who may form a farmers' cooperative/association or SECTION 26. Payment by Beneficiaries. – Lands
collective organization. If the CLOAs are issued awarded pursuant to this Act shall be paid for by the
collectively, the names of all the beneficiaries must be beneficiaries to the LBP in thirty (30) annual
listed in the CLOA. If the subject land is legally amortizations at six percent (6%) interest per annum.
transferred, the transferee, if qualified, can be The payments for the first three (3) years after the
substituted as beneficiary of the individual CLOA upon award may be at reduced amounts as established by the
the approval of the PARO. PARC: Provided, That the first five (5) annual payments
Collective CLOAs may be issued under the following may not be more than five percent (5%) of the value of
instances: the annual gross production as established by the DAR.
Should the scheduled annual payments after the fifth
i.          The current farm management system of year exceed ten percent (10%) of the annual gross
the land covered by CARP is not appropriate for production and the failure to produce accordingly is not
either individual farming or division of the due to the beneficiary’s fault, the LBP may reduce the
landholding into farm parcels;  interest rate or reduce the principal obligation to make
ii.         The farm labor system is specialized, the repayment affordable.
where the farmworkers are organized by
functions such as spraying, weeding, packing, and The LBP shall have a lien by way of mortgage on the
other similar activities, and not by specific land awarded to the beneficiary; and this mortgage may
parcels; be foreclosed by the LBP for non-payment of an
iii.       The potential beneficiaries are currently aggregate of three (3) annual amortizations. The LBP
not farming individual parcels but collectively shall advise the DAR of such proceedings and the latter
working on large contiguous areas; and shall subsequently award the forfeited landholdings to
iv.        The farm consists of multiple crops being other qualified beneficiaries. A beneficiary whose land,
farmed in an integrated manner, or includes non- as provided herein, has been foreclosed shall thereafter
crop production areas that are necessary for the be permanently disqualified from becoming a beneficiary
viability of farm operations, such as packing under this Act.
plants, storage areas, dikes, and other similar
facilities that cannot be subdivided or assigned to CORPORATE FARMS
individual farmers.
CASES:
The names of the ARBs sharing a collective CLOA issued
in the name of a farmers' cooperative/association or TRANSFERABILITY OF ACQUIRED LAND UNDER
collective organization shall be listed at the back thereof. CARL, as amended
Those listed shall be deemed as the owners of the SECTION 27, RA 6657, as amended
landholding covered by the said collective CLOA. SECTION 27. Transferability of Awarded Lands. –
Lands acquired by beneficiaries under this Act may not
SECTION 73(6), DAR A.O. No. 07, s. 2011 be sold, transferred or conveyed except through
hereditary succession, or to the government, or to the
LBP, or to other qualified beneficiaries for a period of ten
(10) years: Provided, however, That the children or the
spouse of the transferor shall have a right to repurchase
the land from the government or LBP within a period of
two (2) years. Due notice of the availability of the land
shall be given by the LBP to the Barangay Agrarian
Reform Committee (BARC) of the barangay where the
land is situated. The Provincial Agrarian Reform
Coordinating Committee (PARCCOM) as herein provided,
shall, in turn, be given due notice thereof by the BARC.

If the land has not yet been fully paid by the beneficiary,
the rights to the land may be transferred or conveyed,
with prior approval of the DAR, to any heir of the
beneficiary or to any other beneficiary who, as a
condition for such transfer or conveyance, shall cultivate
the land himself. Failing compliance herewith, the land
shall be transferred to the LBP which shall give due
notice of the availability of the land in the manner
specified in the immediately preceding paragraph.

In the event of such transfer to the LBP, the latter shall


compensate the beneficiary in one lump sum for the
amounts the latter has already paid, together with the
value of improvements he has made on the land.

CASE:

You might also like