COMPREHENSIVE AGRARIAN REFORM the fruits thereof.
To this end, the State
LAW (R.A. 6657)
What is Agrarian Reform? (Sec. 3a)
- redistribution of lands, regardless of crops or fruits
produced, to farmers and regular farmworkers
who are landless, irrespective of tenurial
arrangement, to include the totality of factors
and support services designed to lift the
economic status of the beneficiaries and all
other arrangements alternative to the physical
redistribution of lands, such as production or
profit-sharing, labor administration, and the
distribution of shares of stocks, which will allow
beneficiaries to receive a just share of the fruits
of the lands they work.
Legal Basis:
1. POLICE POWER – promotion of general welfare. 2.
EMINENT DOMAIN – taking of private property (of
landowner) for public use (to be distributed to
qualified AR beneficiaries) upon just compensation.
(Assoc. of Small Landowners vs Secretary of AR)
APPLICABLE PROVISIONS UNDER THE CONSTITUTION:
1. Article II, Section 21: The State shall promote
comprehensive rural
development and agrarian reform.
2. Article XII, Section 1: x x x The State shall
promote industrialization and full
employment based on sound agricultural
development and agrarian reform, x x x
3. Article XIII, Section 3: x x x The State shall
regulate the relations between workers
and employers, recognizing the right of
labor to its just share in the fruits of
production and the right of enterprises to
reasonable returns on investments, and
to expansion and growth.
4. Article XIII, Section 4: The State shall, by
law, undertake an agrarian reform
program founded on the rights of farmers
and regular farmworkers, who are
landless, to own directly or collectively
the lands they till or, in the case of other
farmworkers, to receive a just share of
shall encourage and undertake the just
distribution of all agricultural lands,
subject to such priorities and reasonable
retention limits as the Congress may
prescribe, taking into account ecological,
developmental, or equity considerations,
and subject to the payment of just
compensation. In determining retention
limits, the State shall respect the right of
small landowners. The State shall further
provide incentives for voluntary land
sharing.
5. Article XIII, Section 5: The State shall
recognize the rights of farmers,
farmworkers, and landowners, as well as
cooperatives, and other independent
farmers' organizations to participate in
the planning, organization, and
management of the program, and shall
provide support to agriculture through
appropriate technology and research,
and adequate financial, production,
marketing, and other support services.
6. Article XIII, Section 6: The State shall
apply the principles of agrarian reform or
stewardship, whenever applicable in
accordance with law, in the disposition or
utilization of other natural resources,
including lands of the public domain
under lease or concession suitable to
agriculture, subject to prior rights,
homestead rights of small settlers, and
the rights of indigenous communities to
their ancestral lands.
The State may resettle landless
farmers and farmworkers in its own
agriculture estates which shall be
distributed to them in the manner
provided by law.
7. Article XIII, Section 8: The State shall
provide incentives to landowners to
invest the proceeds of the agrarian
reform program to promote
industrialization, employment creating,
and privatization of public sector
 1 of acquisition by the government as provided
enterprises. Financial instruments used as
payment for their lands shall be honored
as equity in enterprises of their choice.
DEFINITIONS:
Agriculture, Agricultural Enterprise or
Agricultural Activity - cultivation of the soil,
planting of crops, growing of fruit trees, raising
of livestock, poultry or fish, including the
harvesting of such farm products, and other
farm activities and practices performed by a
farmer in conjunction with such farming
operations done by person whether natural or
juridical.
Agricultural Land - land devoted to agricultural
activity as defined in this Act and not classified
as mineral, forest, residential, commercial or
industrial land.
Agrarian Dispute - any controversy relating to
tenurial arrangements, whether leasehold,
tenancy, stewardship or otherwise, over lands
devoted to agriculture, including disputes
concerning farmworkers' associations or
representation of persons in negotiating, fixing,
maintaining, changing, or seeking to arrange
terms or conditions of such tenurial
arrangements.
It includes any controversy relating to
compensation of lands acquired under this Act
and other terms and conditions of transfer of
ownership from landowners to farmworkers,
tenants and other agrarian reform beneficiaries,
whether the disputants stand in the proximate
relation of farm operator and beneficiary,
landowner and tenant, or lessor and lessee.
Idle or Abandoned Land - any agricultural land
not cultivated, tilled or developed to produce
any crop nor devoted to any specific economic
purpose continuously for a period of three (3)
years immediately prior to the receipt of notice
under this Act, but does not include land that
has
become permanently or regularly devoted to
non-agricultural purposes.t does not include
land which has become unproductive by reason
of force majeure or any other fortuitous event,
provided that prior to such event, such land was
previously used for agricultural or other
economic purpose.
Farmer - natural person whose primary
livelihood is cultivation of land or the production
of agricultural crops, either by himself, or
primarily with the assistance of his immediate
farm household, whether the land is owned by
him, or by another person under a leasehold or
share tenancy agreement or arrangement with
the owner thereof.
Farmworker - natural person who renders
service for value as an employee or laborer in an
agricultural enterprise or farm regardless of
whether his compensation is paid on a daily,
weekly, monthly or "pakyaw" basis. The term
includes an individual whose work has ceased as
a consequence of, or in connection with, a
pending agrarian dispute and who has not
obtained a substantially equivalent and regular
farm employment.
Regular Farmworker - natural person who is
employed on a permanent basis by an
agricultural enterprise or farm.
Seasonal Farmworker - natural person who is
employed on a recurrent, periodic or
intermittent basis by an agricultural enterprise
or farm, whether as a permanent or a non
permanent laborer, such as "dumaan", "sacada",
and the like.
Other Farmworker - farmworker who does not
fall under paragraphs (g), (h) and (i).
Cooperatives - organizations composed
 primarily of small agricultural producers, GALOPE VS. BUGARIN (2012)
farmers, farmworkers, or other agrarian reform Elements of Agricultural Tenancy:
beneficiaries who voluntarily organize 2
themselves for the purpose of pooling land,
human, technological, financial or other
economic resources, and operated on the
principle of one member, one vote. A juridical
person may be a member of a cooperative, with
the same rights and duties as a natural person.
Application of CARL as to classification of
land: 1. Devoted to agricultural activities
2. Lands which are arable andsuitable forfarming
LUZ FARMS VS. DAR
- Lands used in the poultry and livestock industry
should not be covered by the Agrarian Reform
Program because they cannot be put in the
same category as “agricultural lands”.
- Land is not the primary resource in raising of
livestock, poultry or swine.
NB: The agricultural products must be “fruits of the soil”.
NATALIA REALTY VS. DAR (1993)
- Townsite reservation cannot be covered by CARP
because it ceased to become an agricultural
land by virtue of PD 1637.
- Agricultural land does NOT include commercial,
industrial or residential land.
What is Agricultural Tenancy?
- the physical possession by a person of land
devoted to agriculture belonging to, or legally
possessed by, another for the purpose of
production through the labor of the former and
of the members of his immediate farm
household, in consideration of which the former
agrees to share the harvest with the latter, or to
pay a price certain, either in produce or in
money, or in both.
1. the parties are the landowner and
the tenant or agricultural lessee;
2. the subject matter of the
relationship is agricultural land;
3. there is consent between the parties
to the relationship;
4. the purpose of the relationship is to
bring about agricultural production;
5. there is personal cultivation on the
part of the tenant or agricultural
lessee; and
6. the harvest is shared between the
landowner and the tenant or
agricultural lessee.
STANFILCO VS. DOLE (2009)
Agricultural tenancy must exist in order for a dispute to
fall under the jurisdiction of DAR Adjudication Board
(DARAB), and for the provisions of CARL to apply.
Agrarian reform extends beyond the mere acquisition
and redistribution of land; the law acknowledges other
modes of tenurial arrangements to effect the
implementation of CARP. When the question involves
the rights and obligations of persons engaged in the
management, cultivation, and use of an agricultural land
covered by CARP, the case falls squarely within the
jurisdictional ambit of the DAR.
SCOPE OF CARP
The Comprehensive Agrarian Reform Law shall cover,
regardless of tenurial arrangement and commodity
produced, all public and private agricultural lands, as
provided in Proclamation No. 131 and Executive Order
No. 229, including other lands of the public domain
suitable for agriculture.
More specifically the following lands are covered by the
CARP:
a.) All alienable and disposable lands of the public
domain devoted to or suitable for agriculture.
No reclassification of forest or mineral lands
to agricultural lands shall be undertaken after
 the approval of this Act until Congress, taking Except as otherwise provided in this Act, no person may
into account ecological, developmental and own or retain, directly or indirectly, any public or private
3 to factors governing a viable family-size farm, such as
equity considerations, shall have determined
by law, the specific limits of the public domain. b.)
All lands of the public domain in excess of the
specific limits as determined by Congress in the
preceding paragraph;
c.) All other lands owned by the Government
devoted to or suitable for agriculture; and
d.) All private lands devoted to or suitable for
agriculture regardless of the agricultural
products raised or that can be raised thereon.
LANDS COVERED BY CARP
1. All public and private agricultural lands 2. Other
lands of public domain suitable for agriculture
LANDS NOT COVERED BY CARP
1. Private lands with total area of 5 hectares and
below
- landholdings of landowners with a total area of 5
hectares and below shall not be covered for
acquisition and distribution to qualified
beneficiaries
2. Lands actually, directly and exclusively used for: -
parks, wildlife, forest reserves, reforestation, fish
sanctuaries and breeding grounds,
watersheds and mangroves
- prawn farms and fishponds (private lands) 3.
Lands actually, directly and exclusively used and
found to be necessary for:
National defense
School sites and campuses
Experimental farm stations operated for educational
purposes
Seeds and seedling research and pilot production
center Church sites and convents appurtenant thereto
Mosque sites and Islamic centers appurtenant thereto
Communal burial grounds and cemeteries
Penal colonies and penal farms actually worked by the
inmates
Research and quarantine centers
All lands with 18% slope and over except those already
developed.
RETENTION LIMITS (Sec. 6, RA 6657)
agricultural land, the size of which shall vary according
commodity produced, terrain, infrastructure, and soil
fertility as determined by the Presidential Agrarian
Reform Council (PARC) created hereunder, but in no case
shall retention by the landowner exceed five (5)
hectares. Three (3) hectares may be awarded to each
child of the landowner, subject to the following
qualifications: (1) that he is at least fifteen (15) years of
age; and (2) that he is actually tilling the land or directly
managing the farm: provided, that landowners whose
lands have been covered by Presidential Decree No. 27
shall be allowed to keep the areas originally retained by
them thereunder: provided, further, that original
homestead grantees or their direct compulsory heirs
who still own the original homestead at the time of the
approval of this Act shall retain the same areas as long
as they continue to cultivate said homestead.
The right to choose the area to be retained, which shall
be compact or contiguous, shall pertain to the
landowner: provided, however, that in case the area
selected for retention by the landowner is tenanted, the
tenant shall have the option to choose whether to
remain therein or be a beneficiary in the same or
another agricultural land with similar or comparable
features. In case the tenant chooses to remain in the
retained area, he shall be considered a leaseholder and
shall lose his right to be a beneficiary under this Act. In
case the tenant chooses to be a beneficiary in another
agricultural land, he loses his right as a leaseholder to
the land retained by the landowner. The tenant must
exercise this option within a period of one (1) year from
the time the landowner manifests his choice of the area
for retention.
In all cases, the security of tenure of the farmers or
farmworkers on the land prior to the approval of this Act
shall be respected.
Upon the effectivity of this Act, any sale, disposition,
lease, management, contract or transfer of possession
of private lands executed by the original landowner in
violation of the Act shall be null and void: provided,
however, that those executed prior to this Act shall be
 valid only when registered with the Register of Deeds
within a period of three (3) months after the effectivity
of
4
this Act. Thereafter, all Registers of Deeds shall inform
the Department of Agrarian Reform (DAR) within thirty
(30) days of any transaction involving agricultural lands
in excess of five (5) hectares.
A landowner may only retain a maximum of five (5)
hectares of land of his choice.
- Retained area does not have to be personally
cultivated by the landowner. Cultivation can be
done indirectly through labor administration.
Additional three (3) hectares may be awarded to each
child of the landowner, subject to the following
qualifications:
1. That the child is at least fifteen (15) years of age;
2. That the child is actually tilling the land or
directly managing the farm.
EXCEPTIONS to the retention limit of 5 hectares:
1. Landowners whose lands have been covered by
PD 27; and
2. Original homestead grantees or direct
compulsory heirs who still own the original
homestead at the time of the approval of CARL,
as long as they continue to cultivate said
homestead.
3. Provincial, city, and municipal government, units
acquiring private agricultural lands by
expropriation or other modes of acquisition to
be used for actual, direct and exclusive public
purposes, such as roads and bridges, public
markets, school sites, resettlement sites, local
government facilities, public parks and barangay
plazas or squares, consistent with the approved
local comprehensive land use plan, shall not be
subject to the five-hectare retention limit under
this Section and Sections 70 and 73(a) of
Republic Act No. 6657, as amended: Provided,
That lands subject to CARP shall first undergo
the land acquisition and distribution process of
the program: Provided, further, That when
these lands have been subjected to
expropriation, the
agrarian reform beneficiaries therein shall be
paid just compensation.
RIGHT TO CHOOSE THE AREA TO BE RETAINED
The right to choose the area to be retained, which shall
be compact or contiguous, shall pertain to the
landowner.
If the land retained is tenanted, the tenant shall have
the option to choose whether to remain therein or be a
beneficiary in the same or another agricultural land. The
tenant must exercise this option within a period of one
(1) year from the time the landowner manifest his
choice of the area for retention.
In case the tenant chooses to remain in the retained
area, he shall be considered a leaseholder and shall lose
his right to be a beneficiary under this Act.
In case the tenant chooses to be a beneficiary in
another agricultural land, he loses his right as a
leaseholder to the land retained by the landowner.
IN CASE OF SPOUSES:
▪ Conjugal or Absolute Community – spouses can
only retain 5 hectares.
▪ Separation of property – spouses can retain 5
hectares each or a total of 10 hectares.
RETENTION RIGHT VIS A VIS LANDS COVERED BY
EMANCIPATION PATENT (EP) OR CERTIFICATE OF LAND
OWNERSHIP AWARD (CLOA):
▪ Emancipation Patent or Certificate of Land
Ownership Award to beneficiaries does not
absolutely bar landowner from retaining area
covered.
▪ If landowner is deprived of right to retention, he
may file a petition for cancellation of EP or CLOA
 issued to the tenants.
entitled to an award of his parent’s landholding
EP or CLOA may be cancelled if land covered is provided that his total area including the awarded area
found to be part of landowner’s retained area. does not exceed the 5 hectares ownership ceiling.
5 Example: Child already owns 3 hectares of agricultural
IF RETAINED AREA IS TENANTED:
Choice of tenant:
1. Remain in the area chosen as retention area by
landowner (becomes an Agricultural Lessee and
will no longer qualify as an agrarian reform
beneficiary)
2. Choose to become a beneficiary in the same or
another agricultural land with similar or
comparable features (loses his right to become
an agricultural lessee and may qualify as an
agrarian reform beneficiary).
To be applicable, there must be a sufficient evidence of
landlord-tenant relationship:
1. Landowner has engaged a person to personally
cultivate an agricultural land.
2. Landowner is compensated:
- in terms of share in produce (share tenancy); or -
in terms of price certain or ascertainable in produce
or in money or both (leasehold tenancy)
NB: Mere occupation or cultivation of an agricultural
land will not ipso facto make tiller an agricultural
tenant.
MAXIMUM OF THREE (3) HECTARES EACH AVAILABLE
TO LANDOWNER’S CHILDREN
If landowner owns more than 5 hectares of agricultural
land, the excess area may be awarded to the children of
the landowner to the extent of 3 hectares for each child
under the following conditions:
1. Child is at least 15 years
2. Child is actually tilling the land or directly
managing the farm
Qualified child who owns less than 5 hectares is still
land, he can still be awarded 2 hectares from his
parent’s landholding.
Land awarded to qualified children of landowners
cannot be sold, transferred, conveyed within a period
of 10 years except:
1. Hereditary succession
2. To the government
3. Land Bank of the Philippines
4. Other qualified beneficiaries
Children or spouse can repurchase land from
government or land bank within 2 years from date of
transfer.
HOMESTEADERS VS. TENANTS
The Constitution and CARL respect the superiority of
rights of homesteaders over rights of tenants.
Original homestead grantees or their direct compulsory
heirs who still own the original homestead at the time of
the approval of this Act shall retain the same areas as
long as they continue to cultivate said homestead.
Agrarian Reform is a remedial measure pursuant to
social justice precept of the Constitution but it was not
meant to defeat the very purpose of the enactment of
CA 141 (Homestead Act).
Owners or direct compulsory heirs of lands acquired
through homestead grants of Free Patents under CA 141
are entitled to retain the entire area even if it exceeds 5
hectares as long as:
1. They were cultivating the same at the time of
approval of CARL June 15, 1988;
2. Continue to cultivate the same.
 EXCEPTION TO RETENTION LIMITS
domain leased, held or possessed by multinational
corporations or associations, and other lands owned by
6 the government or by government-owned or controlled
Provincial, city and municipal government ,units
acquiring private agricultural lands by expropriation or
other modes of acquisition to be used for actual, direct
and exclusive public purposes, such as roads and
bridges, public markets, school sites, resettlement sites,
local government facilities, public parks and barangay
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 and
Sections 70 and 73(a) of Republic Act No. 6657, as
amended:
Provided, That lands subject to CARP shall first undergo
the land acquisition and distribution process of the
program:
Provided, further, That when these lands have been
subjected to expropriation, the agrarian reform
beneficiaries therein shall be paid just compensation.
EXPROPRIATION OF PRIVATE AGRICULTURAL LANDS
BY LOCAL GOVERNMENT UNITS
If LGU expropriates private agricultural land for actual,
direct and exclusive public purposes, DAR should first
subject it to agrarian reform coverage.
1. Land should first be acquired by the national
government through DAR.
2. DAR will pay just compensation to landowner.
3. Thereafter, DAR will distribute the land to
agrarian reform beneficiaries.
4. After distribution, LGU will expropriate the land
and pay the agrarian reform beneficiaries just
compensation.
MULTINATIONAL CORPORATIONS (Sec. 8, RA 6657)
Multinational Corporations. — All lands of the public
corporations, associations, institutions, or entities,
devoted to existing and 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 the implementation to be
completed within three (3) years.
Lands covered by the paragraph immediately preceding,
under lease, management, grower or service contracts,
and the like, shall be disposed of as follows:
(a) Lease, management, grower or service contracts
covering such lands covering an aggregate area in
excess of 1,000 hectares, leased or held by foreign
individuals in excess of 500 hectares are deemed
amended to conform with the limits set forth in Section
3 of Article XII of the Constitution.
(b) Contracts covering areas not in excess of 1,000
hectares in the case of such corporations and
associations, and 500 hectares, in the case of such
individuals, shall be allowed to continue under their
original terms and conditions but not beyond August 29,
1992, or their valid termination, whichever comes
sooner, after which, such agreements shall continue only
when confirmed by the appropriate government agency.
Such contracts shall likewise continue even after the
lands has been transferred to beneficiaries or awardees
thereof, which transfer shall be immediately
commenced and implemented and completed within
the period of three (3) years mentioned in the first
paragraph hereof.
(c) In no case will such leases and other agreements now
being implemented extend beyond August 29, 1992,
when all lands subject hereof shall have been distributed
completely to qualified beneficiaries or awardees.
Such agreements can continue thereafter only under a
new contract between the government or qualified
beneficiaries or awardees, on the one hand, and said
 enterprises, on the other. institutions and entities, citizens of the Philippines, shall
be subject to immediate compulsory acquisition and
Lands leased, held or possessed by multinational distribution upon the expiration of the applicable lease,
corporations, owned by private individuals and private management, grower or service contract in effect as of
non-governmental corporations, associations, August 29, 1987, or otherwise, upon its valid
termination, whichever comes sooner, but not later
7
than
institutions and entities, citizens of the Philippines, shall
after ten (10) years following the effectivity of the Act.
be subject to immediate compulsory acquisition and
However during the said period of effectivity, the
distribution upon the expiration of the applicable lease,
government shall take steps to acquire these lands for
management, grower or service contract in effect as of
immediate distribution thereafter.
August 29, 1987, or otherwise, upon its valid
termination, whichever comes sooner, but not later
In general, lands shall be distributed directly to the
than after ten (10) years following the effectivity of the
individual worker-beneficiaries.
Act. However during the said period of effectivity, the
government shall take steps to acquire these lands for
immediate distribution thereafter. 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
In general, lands shall be distributed directly to the
corporation or business association or any other proper
individual worker-beneficiaries. In case it is not
party for the purpose of entering into a lease or
economically feasible and sound to divide the land, then
growers agreement and for all other legitimate
they shall form a workers' cooperative or association
purposes. Until a new agreement is entered into by and
which will deal with the corporation or business
between the workers’ cooperative or association and
association or any other proper party for the purpose of
the corporation or business association or any other
entering into a lease or growers agreement and for all
proper party, any agreement existing at the time this
other legitimate purposes. Until a new agreement is
Act takes effect between the former and the previous
entered into by and between the workers' cooperative or
landowner shall be respected by both the workers'
association and the corporation or business association
cooperative or association and the corporation,
or any other proper party, any agreement existing at the
business, association or such other proper party. In no
time this Act takes effect between the former and the
case shall the implementation or application of this Act
previous landowner shall be respected by both the
justify or result in the reduction of status or diminution
workers' cooperative or association and the corporation,
of any benefits received or enjoyed by the worker-
business, association or such other proper party. In no
beneficiaries, or in which they may have a vested right,
case shall the implementation or application of this Act
at the time this Act becomes effective.
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.

Such agreements can continue thereafter only under a

new contract between the government or qualified
beneficiaries or awardees, on the one hand, and said
enterprises, on the other.

Lands leased, held or possessed by multinational

corporations, owned by private individuals and private
non-governmental corporations, associations,
 8 documents, aside from tax declarations, that
EXEMPTIONS AND EXCLUSIONS (Sec. 10, RA
6657) What is not covered by CARP?
Lands actually, directly and exclusively used and found
to be necessary for parks, wildlife, forest reserves,
reforestation, fish sanctuaries and breeding grounds,
watersheds, and mangroves, national defense, school
sites and campuses including experimental farm stations
operated by public or private schools for educational
purposes, seeds and seedlings research and pilot
production centers, church sites and convents
appurtenant thereto, mosque sites and Islamic centers
appurtenant thereto, communal burial grounds and
cemeteries, penal colonies and penal farms actually
worked by the inmates, government and private
research and quarantine centers and all lands with
eighteen percent (18%) slope and over, except those
already developed shall be exempt from the coverage of
the Act.
DISCREPANCY IN LAND CLASSIFICATION
Republic of the Philippines rep. by DAR vs. CA, Green
City Estate and Development Corp. (Oct. 5, 2000)
- Involves a 112-hectares of land in Jala-jala, Rizal
classified as “agricultural” per tax declaration. - The
DAR put it under the coverage of CARP. - Green City
filed an application for exemption of the land from
agrarian reform arguing that it is within the
municipality’s residential zone as well as forest
conservation zone per ordinance.
- Application for exemption was denied by DAR. -
ISSUE: WON the land is exempted from CARP
considering that the tax declaration shows that it is
classified as agricultural.
- RULING: Yes, it is exempt.
- There is no law or jurisprudence that holds that
the land classification embodied in the tax
declarations is conclusive and final nor would
proscribe any further inquiry. Furthermore, the
tax declarations are clearly not the sole basis of
the classification of a land. In fact, DAR
Administrative Order No. 6 lists other
must be submitted when applying for
exemption from CARP.
- In this case, the Court of Appeals was constrained
to resort to an ocular inspection of said
properties through the commission it created
considering that the opinion of petitioner DAR
conflicted with the land use map submitted in
evidence by private respondent. Respondent
court also noted that even from the beginning
the properties of private respondent had no
definite delineation and classification. Hence,
the survey of the properties through the court
appointed commissioners was the judicious and
equitable solution to finally resolve the issue of
land classification and delineation.
- The commissioner’s report on the actual condition
of the properties confirms the fact that the
properties are not wholly agricultural.
SCHOOL SITES AND CAMPUSES
Exempt from coverage if:
1. actually, directly and exclusively used for
educational purposes; and
2. found necessary by the school for school sites
and campuses.
DAR has no right to substitute judgment of discretion
for the determination of the necessity of the school.
Central Mindanao University vs. DARAB (1992)
FACTS: On 16 January 1958, President Carlos Garcia
issued Proclamation No. 467 reserving for the Mindanao
Agricultural College, now the CMU, a piece of land to be
used as its future campus. In 1984, CMU embarked on a
project titled "Kilusang Sariling Sikap" wherein parcels of
land were leased to its faculty members and employees.
Under the terms of the program, CMU will assist faculty
members and employee groups through the extension
of technical know-how, training and other kinds of
assistance. In turn, they paid the CMU a service fee for
 use of the land. The agreement explicitly provided that
9
there will be no tenancy relationship between the
lessees and the CMU.
When the program was terminated, a case was filed by
the participants of the "Kilusang Sariling Sikap" for
declaration of status as tenants under the CARP. In its
resolution, DARAB, ordered, among others, the
segregation of 400 hectares of the land for distribution
under CARP. The land was subjected to coverage on the
basis of DAR's determination that the lands do not meet
the condition for exemption, that is, it is not "actually,
directly, and exclusively used" for educational purposes.
ISSUE: WON the CMU land is covered by CARP? Who
determines whether lands reserved for public use by
presidential proclamation is no longer actually, directly
and exclusively used and necessary for the purpose for
which they are reserved?
RULING: The land is exempted from CARP. CMU is in the
best position to resolve and answer the question of
when and what lands are found necessary for its use.
The Court also chided the DARAB for resolving this issue
of exemption on the basis of "CMU's present needs."
The Court stated that the DARAB decision stating that
for the land to be exempt it must be "presently, actively
exploited and utilized by the university in carrying out its
present educational program with its present student
population and academic faculty" overlooked the very
significant factor of growth of the university in the years
to come.
Rights of Indigenous Peoples over ANCESTRAL LANDS
vis-à-vis CARP
The right of these communities to their ancestral lands
shall be protected to ensure their economic, social and
cultural well-being. In line with the principles of self
determination and autonomy, the systems of land
ownership, land use, and the modes of settling land
disputes of all these communities must be recognized
and respected.
Any provision of law to the contrary notwithstanding,
the PARC may suspend the implementation of this Act
with respect to ancestral lands for the purpose of
identifying and delineating such lands: provided, that in
the autonomous regions, the respective legislatures
may enact their own laws on ancestral domain subject
to the provisions of the Constitution and the principles
enunciated in this Act and other national laws.
LAND ACQUISITION (Sec. 16, RA 6657)
Procedure for Acquisition of Private Lands. — For
purposes of acquisition of private lands, the following
procedures shall be followed:
(a) After having identified the land, the
landowners and the beneficiaries, the DAR shall
send its notice to acquire the land to the owners
thereof, by personal delivery or registered mail,
and post the same in a conspicuous place in the
municipal building and barangay hall of the
place where the property is located. Said notice
shall contain the offer of the DAR to pay a
corresponding value in accordance with the
valuation set forth in Sections 17, 18, and other
pertinent provisions hereof.
(b) Within thirty (30) days from the date of
receipt of written notice by personal delivery or
registered mail, the landowner, his
administrator or representative shall inform the
DAR of his acceptance or rejection of the offer.
(c) If the landowner accepts the offer of the
DAR, the Land Bank of the Philippines (LBP)
shall pay the landowner the purchase price of
the land within thirty (30) days after he
executes and delivers a deed of transfer in favor
of the government and surrenders the
Certificate of Title and other muniments (any
other record or deed) of title.
(d) In case of rejection or failure to reply, the
DAR shall conduct summary administrative
 10
proceedings to determine the compensation for
the land requiring the landowner, the LBP and
other interested parties to submit evidence as to
the just compensation for the land, within fifteen
(15) days from the receipt of the notice. After the
expiration of the above period, the matter is
deemed submitted for decision. The DAR shall
decide the case within thirty (30) days after it is
submitted for decision.
(e) Upon receipt by the landowner of the
corresponding payment or, in case of rejection or
no response from the landowner, upon the
deposit with an accessible bank designated by
the DAR of the compensation in cash or in LBP
bonds in accordance with this Act, the DAR shall
take immediate possession of the land and shall
request the proper Register of Deeds to issue a
Transfer Certificate of Title (TCT) in the name of
the Republic of the Philippines. The DAR shall
thereafter proceed with the redistribution of the
land to the qualified beneficiaries.
(f) Any party who disagrees with the decision
may bring the matter to the court of proper
jurisdiction for final determination of just
compensation.
COMPULSORY ACQUISITION OF
AGRICULTURAL LANDS
1. Identification by DAR of land, landowner and
beneficiary
2. Notice by DAR to landowner about compulsory
acquisition and price offerby
- personal notice or by registeredmail and -
posting of notice in a conspicuous place in
barangay hall andmunicipal hall where land is
located
3. Reply by landowner about his acceptance or
rejection of offered price
- if landowner accepts – Land Bank will pay the
landowner within 30 days from execution and
delivery of Deed of Transfer
- if landowner rejects offer – DAR will
determine just compensation thru summary
proceedings
- if landownerdisagreeswithDARdecision–
regularcourtsof justice for final determination
of just compensation
4. Takingofimmediate possession ofland byDAR -
iflandownerreceives correspondingpayment or -
landowner does notrespond to noticeof acquisition
5. RequestbyDARtoRegisterofDeedstoissue
TransferCertificateof Title to Republicof
Philippines.
6. Distribution ofland to qualified beneficiaries
through Certificate of Land Ownership Awards
(CLOA).
TWO NOTICE RULE TO LANDOWNER FOR VALIDITY OF
COVERAGE
1. Notice of Coverage
2. Notice of Acquisition
LAND ACQUISITION PROCEDURE SHOULD BE STRICTLY
CONSTRUED
Land acquisition under agrarian reform law is an
extraordinary method of expropriation.
Failure of DAR or any of its agencies to comply with
proper procedure for expropriation is a violation of
constitutional due process and in effect arbitrary,
capricious, whimsical and tainted with grave abuse of
discretion.
WHEN TITLE OR OWNERSHIP OF THE LAND IS
TRANSFERRED TO THE STATE
Only upon full payment of just compensation.
Title and ownership remains with landowner until final
determination of just compensation and fully payment
Mere fact that DAR deposited offered price with Land
Bank does not warrant cancellation of owner’s title.
 11
JUST COMPENSATION (Sec. 17, RA 6657)
Determination of Just Compensation. — In determining
just compensation, the cost of acquisition of the land,
the current value of the like properties, its nature,
actual use and income, the sworn valuation by the
owner, the tax declarations, and the assessment made
by government assessors shall be considered. The social
and economic benefits contributed by the farmers and
the farmworkers and by the Government to the
property as well as the non-payment of taxes or loans
secured from any government financing institution on
the said land shall be considered as additional factors to
determine its valuation.
Section 18. Valuation and Mode of Compensation. —
The LBP shall compensate the landowner in such
amounts as may be agreed upon by the landowner and
the DAR and the LBP, in accordance with the criteria
provided for in Sections 16 and 17, and other pertinent
provisions hereof, or as may be finally determined by
the court, as the just compensation for the land.
What is just compensation?
It is the full and fair equivalent of the property taken
from its owner by the expropriator. The measure is not
the taker's gain, but the owner's loss. The payment must
be:
1. Prompt – The immediate deposit and release of
payment is included in the concept of “just”
compensation. This means the payment should be
done within a reasonable time from the taking.
2. Full – There can be no prompt payment if it is only
partial.
Payment within a reasonable time from taking.
Immediate deposit and release of provisional
compensation.
Full payment of finally adjudged just compensation.
Without prompt payment, compensation is not “just”
because the landowner is made to suffer the
consequence of being immediately deprived of his land
while being made to wait before receiving the amount
necessary to cope up with his loss.
Case in point: Lubrica vs. Landbank
Josefina Lubrica vs. Land Bank of the
Philipines (G.R. NO. 170220, November 20,
2006)
In the instant case, petitioners were deprived of their
properties in 1972 but have yet to receive the just
compensation therefor. The parcels of land were
already subdivided and distributed to the farmer-
beneficiaries thereby immediately depriving petitioners
of their use. Under the circumstances, it would be
highly inequitable on the part of the petitioners to
compute the just compensation using the values at the
time of the taking in 1972, and not at the time of the
payment, considering that the government and the
farmer-beneficiaries have already benefited from the
land although ownership thereof have not yet been
transferred in their names. Petitioners were deprived of
their properties without payment of just compensation
which, under the law, is a prerequisite before the
property can be taken away from its owners. The
transfer of possession and ownership of the land to the
government are conditioned upon the receipt by the
landowner of the corresponding payment or deposit by
the DAR of the compensation with an accessible bank.
Until then, title remains with the landowner.
The CARP Law, for its part, conditions the transfer of
possession and ownership of the land to the
government on receipt by the landowner of the
corresponding payment or the deposit by the DAR of
the compensation in cash or LBP bonds with an
accessible bank. Until then, title also remains with the
landowner. No outright change of ownership is
contemplated either.
 12 LBP:
FACTORS IN THE VALUATION OF LANDS
1. Capitalized Net Income – based on land use and
productivity
2. Comparable Sales – 70% of the BIR zonal value
3. Market Value – based on the tax declaration.
PROCESS IN DETERMINING JUST COMPENSATION 1.
Initial Computation - The LBP will determine the
value of the land.
2. Offer – Based on the LBP's computation, the DAR
will make the offer to the landowner (LO).
3. If the LO rejects, the DAR will conduct a summary
administrative proceeding, where the LO, LBP and
other interested parties will submit evidence as to
the amount of just compensation to be resolved
within 30 days. Notices will be sent to the parties.
4. If the LO or any party disagrees with the DAR's
resolution, the adjudicator has 15 days to bring the
matter to the RTC as a Special Agrarian Court for
finaldetermination.
When is the reckoning point of valuation?
1. Time of taking of the property from the owner and
appropriated by the government.
2. But if there is undue delay in the payment, the
value should be determined not at the time of
taking, but at the time of full payment of just
compensation.
AUTHORITY OF DAR ON LAND VALUATION
The DARAB (Department of Agrarian Reform
Adjudication Board), RARAD (Regional Agrarian Reform
Adjudicator), or the PARAD (Provincial Agrarian Reform
Adjudicator) can conduct a summary administrative
proceeding for the preliminary determination of just
compensation. It will determine whether the land
valuation of the LBP is in accordance with the rules and
administrative orders.
Jurisdiction would depend on the initial valuation by the
PARAD – when land value is less than 10 Million
RARAD – when land value is 10 Million to 50
Million DARAB – when land value is greater than
50 Million
But the order above may be dispensed with in the event
of the lower adjudicatory board's non-availability,
inhibition, or disqualification (i.e., if the PARAD is
unavailable, even if the land value is more than 10
Million, the RARAD may conduct the preliminary
proceedings).
VALUATION SET BY DAR NOT CONCLUSIVE
Valuation set by Land Bank is not conclusive. Landowner
can contest it before the proper court, the RTC
designated as Special Agrarian Court.
Sec. 6, Rule 19 of 2006 DARAB Rules of Procedure. Filing
of Original Action with the Special Agrarian Court for
Final Determination.
The party who disagrees with the decision of the
Board/Adjudicator may contest the same by filing an
original action with the Special Agrarian Court (SAC)
having jurisdiction over the subject property within
fifteen (15) days from his receipt of the
Board/Adjudicator’s decision.
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
the petition filed with the SAC.
Failure to file a Notice of Filing of Original Action or to
submit a certified true copy of the petition shall render
the decision of the Board/Adjudicator final and
executory.
Upon receipt of the Notice of Filing of Original Action or
certified true copy of the petition filed with the SAC, no
 writ of execution shall be issued by
Board/Adjudicator.
13
FACTORS TO CONSIDER IN COMPUTING JUST
COMPENSATION
1. cost of acquisition of the land
2. current value of similar properties
3. official assessment by the government
4. nature of the property
5. non-payment of taxes or loans
6. sworn valuation of the owner
7. actual income and use
8. tax declarations
9. economic and social benefits
NB: Factors for determination of just compensation,
which the DAR converted into a formula are mandatory
and not mere guidelines which the RTC may disregard.
Is the consent of the farmer-beneficiary necessary in
determining just compensation?
No. The CARL, under Section 18, states that the
compensation may be agreed upon by the landowner,
DAR, and LBP.
Land Bank cannot refuse to pay valuation set by PARAD
simply because consent of farmer beneficiary was not
obtained in fixing just compensation.
LAND REDISTRIBUTION
Who may qualify as agrarian reform beneficiaries under
RA 6657? (Sec. 22)
Sec. 22, RA 6657. Qualified Beneficiaries. — The lands
covered by the CARP shall be distributed as much as
possible to landless residents of the same barangay, or
in the absence thereof, landless residents of the same
the municipality in the following order of priority:
(a) agricultural lessees and share tenants;
(b) regular farmworkers;
(c) seasonal farmworkers;
(d) other farmworkers;
(e) actual tillers or occupants of public lands;
(f) collectives or cooperatives of the above
beneficiaries; and
(g) others directly working on the land.
Provided, however, that the children of landowners who
are qualified under Section 6 of this Act shall be given
preference in the distribution of the land of their
parents: and provided, further, that actual tenant-tillers
in the landholdings shall not be ejected or removed
therefrom.
Beneficiaries under Presidential Decree No. 27 who have
culpably sold, disposed of, or abandoned their land are
disqualified to become beneficiaries under this Program.
A basic qualification of a beneficiary shall be his
willingness, aptitude, and ability to cultivate and make
the land as productive as possible. The DAR shall adopt
a system of monitoring the record or performance of
each beneficiary, so that any beneficiary guilty of
negligence or misuse of the land or any support
extended to him shall forfeit his right to continue as
such beneficiary. The DAR shall submit periodic reports
on the performance of the beneficiaries to the PARC.
If, due to the landowner's retention rights or to the
number of tenants, lessees, or workers on the land, there
is not enough land to accommodate any or some of
them, they may be granted ownership of other lands
available for distribution under this Act, at the option of
the beneficiaries.
Farmers already in place and those not accommodated
in the distribution of privately-owned lands will be given
 preferential rights in the distribution of lands from the
public domain.
3. Thosewhohavenot paid anaggregateofthree (3)
14
4. Those who have failed to exercise right of
WHO ARE CONSIDERED “LANDLESS”?
- If the farmer/tiller owns an area of less than three
(3) hectares of land.
- Not literally without land owned.
AGRARIAN REFORM BENEFICIARIES
QUALIFICATIONS
Land ownership - farmers, tillers or farmworkers who
are landless or who own less than three (3) hectares of
agricultural lands.
Age – must be at least 15 years old at the time of
identification, screening, and selection.
Residency – He must reside in the
barangay/municipality where the land is located.
Citizenship – He must be a Filipino citizen.
Capability – He must be willing, able and equipped
with aptitude to cultivate and make the land
productive.
MANAGERIAL FARM WORKERS NOT QUALIFIED TO
BECOME BENEFICIARIES
Farmworkers holding managerial or supervisory
positions as of June 15, 1988 are not qualified to
become agrarian reform beneficiaries. However,
farmworkers promoted to managerial or supervisory
position after they were identified, screened and
selected will remain to be qualified beneficiaries.
WHO ARE DISQUALIFIED FROM BECOMING AGRARIAN
REFORM BENEFICIARIES
The following tenants, lessees or farm workers: 1.
Those who do notmeetthebasic qualifications; 2.
Those who have waived theirrightto become an
agrarian reform beneficiary in exchange for
compensation, provided that waiver has not
been questioned in proper government entity;
annual amortizations;
redemption/repurchase within 2yearsresulting
in foreclosure of mortgage by Land Bank of the
Philippines of a previously awarded land;
5. Thosewhorefusedtopay3annualamortizations for
land acquired through voluntary land transfer
or direct payment scheme, resulting in
repossession by landowner;
6. Those who have been dismissed for cause; 7.
Thosewhohaveobtained substantiallyequivalent
employment;
- any employment or profession form which
applicant farmer derives income equivalent to
income of a regular farm worker at time of
identification, screening, and selection of
beneficiary
8. thosewhohaveretiredorvoluntarilyresignedfrom
employment;
9. thosewho havemisused thelandordiverted the
financialsupport services extended by the
government;
10. those who have misrepresented materialfacts in
basic qualifications; 11. those who have sold,
disposed, or abandoned the lands awarded to
themby the government; 12. those who have
converted agricultural lands to non-agricultural
usewithout prior approval fromDAR;
13. those who have been finally adjudged guilty of
forcible entry or unlawful detainer overthe
property; and
14. thosewhohaveviolatedagrarianreformlaws and
regulations.
ORDER OF PREFERENCE RE: LAND DISTRIBUTION
(1) Each child of the landowner, who is at least 15
years old and actually tilling or directly managing the
farm, enjoys first preference in the distribution of
the land, up to 3 hectares each.
(2) After the children, up to 3 hectares for each:
 (a) agricultural lessees and share tenants
(b) regular farmworkers
(3) Once the lessees, tenants, and regular
farmworkers have received their share, the
remaining portion, if any, will be given to:
TRANSFER OF OWNERSHIP TO THE BENEFICIARIES IS
15
NOT AUTOMATIC
(a) seasonal farmworkers
(b) other farmworkers
(c) actual tillers or occupants of public lands
(d) collectives or cooperatives of the above
beneficiaries
(e) other persons directly working on the land
DISTRIBUTION LIMIT (Sec. 23, RA 6657)
Distribution Limit. — No qualified beneficiary may own
more than three (3) hectares of agricultural land.
NB: The three (3) hectares that may be awarded to a
qualified beneficiary is just the maximum land area or
award limit/ceiling. It is not the mandatory area that
should be given to a qualified ARB.
FACTORS TO CONSIDER IN DETERMINING THE SIZE TO
BE AWARDED
(a) type of crop;
(b) type of soil;
(c) weather patterns; and
(d) other pertinent factors critical for the
success of the beneficiaries.
AWARD TO BENEFICIARIES (Sec. 24, RA 6657)
Award to Beneficiaries. — The rights and
responsibilities of the beneficiary shall
commence from the time the DAR makes an
award of the land to him, which award shall be
completed within one hundred eighty (180)
days from the time the DAR takes actual
possession of the land. Ownership of the
beneficiary shall be evidenced by a Certificate
of Land Ownership Award, which shall contain
the restrictions and conditions provided for in
this Act, and shall be recorded in the Register of
Deeds concerned and annotated on the
Certificate of Title.
Compulsory acquisition does not mean automatic
transfer of ownership of the land to the tenant, lessee,
or farm worker. Title and ownership over the land can
be transferred to the beneficiaries only upon full
payment of just compensation to the landowner.
CERTIFICATE OF LAND OWNERSHIP AWARD (CLOA)
- a document evidencing ownership of the land granted
or awarded to the beneficiary by the DAR, and contains
the restrictions and conditions provided for in the CARL
and other applicable laws.
- becomes indefeasible and imprescriptible after one
year from its registration with the Office of the Registry
of Deeds.
DAR VS. CARRIEDO
(G.R. No. 176549, October 10, 2018)
Reversal of previous ruling
- CLOAs are SUFFICIENT PROOF of land ownership and
are equivalent to a Torrens title.
NB: The October 10, 2018 decision is the SC resolution
on the Motion for Reconsideration filed by DAR which
reversed its previous ruling in DAR, Quezon City, and
Pablo Mendoza vs. Romeo Carriedo (January 20, 2016)
saying that CLOAs are not equivalent to a Torrens title.
WHEN DOES THE DAR ISSUE A CERTIFICATE OF LAND
OWNERSHIP AWARD (CLOA)?
The DAR will issue the CLOA only upon full payment of
amortization by the farmer-beneficiary. The CLOA in
 turn, becomes the basis for the issuance in his name of Presidential Decree No. 1529, otherwise known as the
an original or transfer certificate of title.
NB: CLOA is indefeasible.
CLOAs are titles brought under the operation of the petitioners pursuant to their EPs acquire the same
Torrens system. They are conferred the same protection accorded to other TCTs. The certificate of
indefeasibility of titles granted under P.D. 1529, after
16 the expiration of one year from the date of the issuance
one year from its registration with the Registry of Deeds.
ESTRIBILLO VS. DAR, HACIENDA MARIA INC. (2006)
FACTS: Private respondent Hacienda Maria Inc.
requested that 527.8308 hectares of its landholdings be
placed under the coverage of Operation Land Transfer.
Receiving compensation therefor, HMI allowed
petitioners and other occupants to cultivate the
landholdings so that the same may be covered under
Agrarian Reform Program. In 1982, a final survey over
the entire area was conducted and approved. From
1984 to 1988, the corresponding TCTs and EPs covering
the entire 527.8308 hectares were issued to petitioners,
among other persons. In December 1997, HMI filed with
RARAD petitions seeking the declaration of erroneous
coverage under Presidential Decree No. 27 of 277.5008
hectares of its former landholdings. HMI claimed that
said area was not devoted to either rice or corn, that the
area was untenanted, and that no compensation was
paid therefor. RARAD rendered a decision declaring as
void the TCTs and Eps awarded to petitioners because
the land covered was not devoted to rice and corn, and
neither was there any established tenancy relations
between HMI and petitioners.
Petitioners appealed to the DARAB which affirmed the
RARAD Decision. On appeal to the CA, the same was
dismissed. Petitioners contended that the EPs became
indefeasible after the expiration of one year from their
registration.
ISSUE: WON EPs have become indefeasible one year
after their issuance
RULING:
After complying with the procedure in Section 105 of
Property Registration Decree where the DAR is required
to issue the corresponding certificate of title after
granting an EP to tenant-farmers who have complied
with Presidential Decree No. 27, the TCTs issued to
title becomes indefeasible and incontrovertible upon
of
the order for the issuance of the patent. Lands covered
by such title may no longer be the subject matter of a
cadastral proceeding, nor can it be decreed to another
person.
CANCELLATION OF CLOA
Exclusive and original jurisdiction of DAR Secretary: All
cases for cancellation of CLOAs and other titles issued
under agrarian reform program.
GROUNDS FOR CANCELLATION OF CLOA
(a) Failure to pay 3 annual amortizations
(b) Abandonment of the land
(c) Neglect or misuse of the land
(d) Misuse or diversion of financial and support
services
(e) Illegal conversion of the land
(f) Sale, transfer, or conveyance of the right to use
the land
Pending CLOA issuance, the identified and qualified
agrarian reform beneficiaries have usufructuary rights
over awarded land which DAR has taken possession.
OBLIGATIONS OF ARBs:
(a) exercise due diligence in the use, cultivation and
maintenance of the land; and
(b) pay the LBP thirty annual amortizations with 6%
interest per annum
These will begin from the receipt of a duly registered
CLOA and their actual physical possession of the
awarded land.
 The payment of amortization starts one year from
the date of registration of the CLOA. But id the actual
occupancy of the land takes place after registration,
the reckoning period will be from constructive
occupation of the land.
17 Any decision, order, award or ruling of the DAR on any
RESOLUTION OF AGRARIAN DISPUTES
Administrative: DAR (thru DARAB, RARAD and/or
PARAD)
Judicial: Special Agrarian Court (RTC as designated)
A. ADMINISTRATIVE
The DAR is vested with primary jurisdiction to
determine and adjudicate agrarian reform matters
and shall have exclusive original jurisdiction over all
matter involving the implementation of agrarian
reform, except those falling under the exclusive
jurisdiction of the Department of Agriculture and the
Department of Environment and Natural Resources.
1. Department of Agrarian Reform Adjudication
Board (DARAB)
a. Exercises both original and appellate
jurisdiction
b. Exercises functional supervision over the
RARAD and PARAD
2. Regional Agrarian Reform Adjudicator (RARAD)
a. Executive Adjudicator in his region
b. Receives, hears and adjudicates cases
which the PARAD cannot handle
because the latter is disqualified or
inhibits himself or because the case is
complex or sensitive.
3. Provincial Agrarian Reform Adjudicator (PARAD)
RULES OF PROCEDURE IN ADMINISTRATIVE
ADJUDICATION
DAR shall not be bound by technical rules of procedure
and evidence but shall proceed to hear and decide all
cases, disputes or controversies in a most expeditious
manner, employing all reasonable means to ascertain
the facts of every case in accordance with justice and
equity and the merits of the case.
JUDICIAL REVIEW
agrarian dispute or on any matter pertaining to the
application, implementation, enforcement or
interpretation of the CARL and other pertinent laws on
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)
The findings of fact of the DAR shall be final and
conclusive if based on substantial evidence.
Notwithstanding an appeal to the Court of Appeals,
the decision of the DAR shall be immediately
executory.
B. JUDICIAL (Sec. 56, RA 6657)
The Special Agrarian Courts (Regional Trial Courts) shall
have original and exclusive jurisdiction over:
a. All petitions for the determination of just
compensation to landowners; and
b. The prosecution of all criminal offenses
under the CARL.
APPOINTMENT OF COMMISSIONERS
The Special Agrarian Courts, upon their own initiative or
at the instance of any of the parties, may appoint one or
more commissioners to examine, investigate and
ascertain facts relevant to the dispute, including the
valuation of properties and to file a written report
thereof with the court.
APPEALS
 Appeal from the Decision of the Special Agrarian Court -
Within fifteen (15) days from the receipt of the
decision of the Special Agrarian Court, an appeal
may be taken by filing a petition for review with the
Court of Appeals.
Appeal from the Decision of the Court of Appeals -
Within a non-extendible period of fifteen (15) days from
the receipt of the decision of the Court of Appeals, an The petitioner Rufina Vda. de Tangub, now widowed, is
appeal may be taken by filing a
18
petition for review with the Supreme
Court. RUFINA VDA. DE TANGUB v. CA
(1990)
FACTS: Rufina Tangub and her husband, Andres, now
deceased, filed with the Regional Trial Court of Lanao
del Norte "an agrarian case for damages by reason of
unlawful dispossession . . .as tenants from the
landholding" owned by the Spouses Domingo and
Eugenia Martil. Several persons were also impleaded
as defendants, including the Philippine National Bank,
it being alleged by the plaintiff spouses that said bank,
holder of a mortgage on the land involved, had caused
foreclosure thereof, resulting in the acquisition of the
property by the bank as the highest bidder at the
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.
Respondent Judge Felipe G. Javier, Jr. dismissed the
complaint. He opined that by virtue of Executive Order
No. 229 and Executive No. 129-A, approved on July 26,
1987, as well as the Rules of the Adjudication Board of
the Department of Agrarian Reform, jurisdiction of the
Regional Trial Court over agrarian cases had been
transferred to the Department of Agrarian Reform
The Court of Appeals dismissed the petition, finding
that the jurisdictional question had been correctly
resolved by the Trial Court. The Court of Appeals,
adverted to a case earlier decided by it, Estanislao
Casinillo v. Hon. Felipe G. Javier, Jr., et al., in which it
was "emphatically ruled that agrarian cases no longer
fall under the jurisdiction of Regional Trial Courts but
rather under the jurisdiction of the DAR Adjudication
Board."
once again before the Supreme Court, contending that
the Trial Court's "order of dismissal, and the decision of
the Honorable Court of Appeals affirming it, are
patently illegal and unconstitutional" because they
deprive "a poor tenant access to courts and directly
violate R.A. 6657, PD 946, and Batas Bilang 129."
ISSUE: WON the RTC and the CA erred in dismissing the
case filed by the petitioners Tangub
RULING: NO. The Regional Trial Court of Iligan City was
therefore correct in dismissing Agrarian Case No. 1094.
It being a case concerning the rights of the plaintiffs as
tenants on agricultural land, not involving the "special
jurisdiction" of said Trial Court acting as a Special
Agrarian Court, it clearly came within the exclusive
original jurisdiction of the Department of Agrarian
Reform, or more particularly, the Agrarian Reform
Adjudication Board, established precisely to wield the
adjudicatory powers of the Department.
MENDOZA VS. GERMINO (2010)
An action of FORCIBLE ENTRY cannot be resolved by
DARAB. This is within the jurisdiction of the trial
courts. The subsequent amendment of the
complaint, alleging tenancy relationship between
the parties, will not divest the trial court of
jurisdiction.
Facts: Mendoza, owner of a 5-hectare land in Nueva
Ecija, filed with the MTC a complaint against Narciso
Germino, charging him of forcible entry.
Mendoza alleged that Narciso unlawfully entered the
 subject property by means of strategy and stealth,
and without their knowledge or consent. Despite
Mendoza's repeated demands, Narciso refused to
vacate the subject property.
Narciso claimed that his brother, Benigno Germino,
was the Mendoza's agricultural lessee and he merely
helped the latter in the cultivation as a member of
the immediate farm household.
Mendoza filed a motion to remand the case to the
DARA), in view of the tenancy issue raised by Narciso.
Without conducting a hearing, and despite Narciso’s
objection, the MTC issued an order remanding the
case to the DARAB, Cabanatuan City for further
19
proceedings. Medoza filed an amended complaint
with the Provincial Agrarian Reform Adjudicator
(PARAD), adding Benigno as a defendant.
Issue: Whether the MTC or the DARAB has jurisdiction
over the case.
Ruling: MTC.
“Jurisdiction is determined by the allegations in the
complaint. It is determined exclusively by the
Constitution and the law. It cannot be conferred by
the voluntary act or agreement of the parties, or
acquired through or waived, enlarged or diminished
by their act or omission, nor conferred by the
acquiescence of the court. Under Batas Pambansa Blg.
129, as amended by R.A. No. 7691, the MTC shall have
exclusive original jurisdiction over cases of forcible
entry and unlawful detainer.”
“Under Section 5028 of R.A. No. 6657, as well as
Section 34 of Executive Order No. 129-A, the DARAB
has primary and exclusive jurisdiction, both original
and appellate, to determine and adjudicate all
agrarian disputes involving the implementation of the
Comprehensive Agrarian Reform Program, and other
agrarian laws and their implementing rules and
regulations.”
“An agrarian dispute refers to any controversy
relating to, among others, tenancy over lands devoted
to agriculture. For a case to involve an agrarian
dispute, the following essential requisites of an
agricultural tenancy relationship must be present: (1)
the parties are the landowner and the tenant; (2) the
subject is agricultural land;(3) there is consent; (4) the
purpose is agricultural production; (5) there is
personal cultivation; and (6) there is sharing of
harvest or payment of rental.”
“Although respondent Narciso averred tenancy as an
affirmative and/or special defense in his answer, this
did not automatically divest the MTC of jurisdiction
over the complaint. It continued to have the authority
to hear the case precisely to determine whether it had
jurisdiction to dispose of the ejectment suit on its
merits. After all, jurisdiction is not affected by the
pleas or the theories set up by the defendant in an
answer or a motion to dismiss. Otherwise, jurisdiction
would become dependent almost entirely upon the
whims of thedefendant.”
“Instead of conducting a preliminary conference, the
MTC immediately referred the case to the DARAB. This
was contrary to the rules. Besides, Section 240 of P.D.
No. 316, which required the referral of a land dispute
case to the Department of Agrarian Reform for the
preliminary determination of the existence of an
agricultural tenancy relationship, has indeed been
repealed by Section 7641 of R.A. No. 6657 in 1988.”
“In the absence of any allegation of a tenancy
relationship between the parties, the action was for
recovery of possession of real property that was
within the jurisdiction of the regular courts.”
 20
OTHER IMPORTANT PROVISIONS:
Barangay Agrarian Reform Committee (BARC) Sec. 46,
RA 6657
Section 47. Functions of the BARC. — In addition to
those provided in Executive Order No. 229, the BARC
shall have the following functions:
(a) Mediate and conciliate between parties
involved in an agrarian dispute including
matters related to tenurial and financial
arrangements;
(b) Assist in the identification of qualified
beneficiaries and landowners within the
barangay;
(c) Attest to the accuracy of the initial parcellary
mapping of the beneficiary's tillage;
(d) Assist qualified beneficiaries in obtaining
credit from lending institutions;
(e) Assist in the initial determination of the
value of the land;
(f) Assist the DAR representatives in the
preparation of periodic reports on the CARP
implementation for submission to the DAR;
(g) Coordinate the delivery of support services
to beneficiaries; and
(h) Perform such other functions as may be
assigned by the DAR.
(2) The BARC shall endeavor to mediate, conciliate and
settle agrarian disputes lodged before it within thirty
(30) days from its taking cognizance thereof. If after the
lapse of the thirty day period, it is unable to settle the
dispute, it shall issue a certificate of its proceedings and
shall furnish a copy thereof upon the parties within
seven (7) days after the expiration of the thirty-day
period.
TAX EXEMPTION ON TRANSACTIONS UNDER R.A. 6657
Section 66. Exemptions from Taxes and Fees of Land
Transfers. — Transactions under this Act involving a
transfer of ownership, whether from natural or juridical
persons, shall be exempted from taxes arising from
capital gains. These transactions shall also be exempted
from the payment of registration fees, and all other
taxes and fees for the conveyance or transfer thereof;
provided, that all arrearages in real property taxes,
without penalty or interest, shall be deductible from the
compensation to which the owner may be entitled.
Section 67. Free Registration of Patents and Titles. —
All Registers of Deeds are hereby directed to register,
free from payment of all fees and other charges,
patents, titles and documents required for the
implementation of the CARP.
What are the prohibited acts/omissions under R.A.
6657?
Section 73. Prohibited Acts and Omissions. — The
following are prohibited:
(a) The ownership or possession, for the
purpose of circumventing the provisions of this
Act, of agricultural lands in excess of the total
retention limits or award ceilings by any person,
natural or juridical, except those under
collective ownership by farmer-beneficiaries.
(b) The forcible entry or illegal detainer by
persons who are not qualified beneficiaries
under this Act to avail themselves of the rights
and benefits of the Agrarian Reform Program.
(c) The conversion by any landowner of his
agricultural land into any non-agricultural use
with intent to avoid the application of this Act to
his landholdings and to dispossess his tenant
farmers of the land tilled by them.
(d) The willful prevention or obstruction by any
person, association or entity of the
implementation of the CARP.
 21
(e) The sale, transfer, conveyance or change of
the nature of lands outside of urban centers and
city limits either in whole or in part after the
effectivity of this Act. The date of the registration
of the deed of conveyance in the Register of
Deeds with respect to titled lands and the date
of the issuance of the tax declaration to the
transferee of the property with respect to
unregistered lands, as the case may be, shall be
conclusive for the purpose of this Act.

(f) The sale, transfer or conveyance by a

beneficiary of the right to use or any other
usufructuary right over the land he acquired by
virtue of being a beneficiary, in order to
circumvent the provisions of this Act.
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