THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 REPUBLIC ACT NO. 6657 As Amended hy Republic Aet Nos. TAI, 7905, Ot and 7001 AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN REFORM PROGRAM TO PROMOTE SOCIAL, JUSTICE: AND INDUSTRIALIZATION, PROVIDING THK MECIIANISM FOR ITS IMPLEMENTATION, AND FOR OTHER PURPOSES, CHAPTER I: PRELIMINARY CHAPTER SECTION 1. Title. — This Act shall be known avs the Comprehensive Agrarian Reform Law of 198, NOTES: ‘Agrarian Law “The term “agrarian” is derived from Une Lain wl ayer, which meuns “afield. Lexieally. the word ugruviom mas “refering {oland orto the ownerthip o division of lanl tnd Industriizaton, Proving the chan Other Purpose "An Act un Strongn de Inplemontation of the Cnnerinsir on Rete Prarie Other Pars "A At Schein Further the Chem mse Ne By Providing Augmentation und Thr ent Reguhc Act 60, Otherwise Rw ese CAN "An Act Strunpnening the Comprbnine hy angie oie on Det [Ma 6857 Olbern, Keown he Cmprakesive me Amended Appt Pa Thor "Aces New Worl Panay, Cris KonSee THE COMPREHENSIVE i PREMISE AGRARIAN REFORM LAWOP 1908 3 the Sugar Tenancy Act*cameto regulate th relation landlords and tenants on lands planted to ugareanes "= Presently, the focus of agrarian laws is on agrarian ref trast of hich the redstrution of agricultural lande Co Law of 1968, supplemented by the Tenant tioal ‘Ac. Thereafar, it enacied aon 2/07, nd the Code of Agrarian Reforms of the Philippe: ip amend Sugar Tenney At by eeding aplin omaat workers. Afterwards, i passed Ci provide security of tenure to agri a ‘Act No, 608 later amended Commonwealth Act No. 41 “After the grant of independence, Congress enacted Republi ‘amend the Philippine Rice Share Tenaney Act by crop division. Thereafter, it enacted the Agri-y which repealed all the lugar Tenancy Act. Subsequent, amended Republic Act No, 34. Sree ry er Sonos Ra iochree rms Peesanteaaiemeadneecat On Aug 1196, Congrs ps ih euler! Land * The Agricultural Land Reform Code nits place, it instituted the agricultural leasehold ‘stem. Its scope, though expanded, was limited hy an order of ‘Priority based on utilization and area ane Seta eit roe < ZEN Tit nanan dP tg one vam “hitters seis Sen at naa iag en 155347 Never 28,200, ‘Mea et Ne 9944 onde Anat 8, 308,[AGRARIAN LAW AND SOCTAL LOISLATION immediately after the declaration of martial law, : Leng the Tonant Emancipat to rice and com to Deoree No.1 i Presidential af tenants in non-rice or com agricultural lands. President Decree Nos. 251," 444," 1089;" and 1817° later amended the ‘Cade of Agrarian Reforms ofthe Philippines, (0n July 17, 1987, President Corazon C. Aquino exercising sn nai te le men cig {tsued Exeoutive Order No. 28% (declaring full and ownership in favor of benoficiarios under Presidential Decree ‘No, 27) and Executive Order No. 229% (providing the mechanics for its implementation. Subsequently, President Aquino issued Proclamation No. 181* instituting @ comprehensive agrarian reform program, On June 10, 1988, Congress enacted the Comprehensive ‘Agrarian Reform Law of 1968" to cover ell public and private fgricultral lands. Thereafter, it enacted Republic Act Nos. 7881," 7905 853," and 9700" o amend certain provisions of the Comprehensive Agrarian Reform Law of 1988, Bisa Dee No.2 8 amend (Oar 1, 1972 oe 11.18. % Romer 2, 6, saya, sr) ‘Agrarian Reform COMPRENENSIVE AGRARIAN REFORM LAW OF 1868 m ‘CHAPTER eer (CHAPTER E PRELIMINARY ot Rin 2 Ee Piet) cot Nf beta ‘Comprehensive Agrarian Reform Law of 1988 Te Camortensve erin Rt, Lao 18 8 bsis for tho implementation of ‘Comprehensive Agrarian Reform Program ity Sree sete rf benefice Bough the provision Sree "or nond rural development and the ‘of adequate support services “Seapets Apri lor Law f 1988, Sten 28, ‘Spreentiy Ad ute (FAQS “Prequnty Asked Quetions (FAQ) Departed Aas Reto: Dar gph Web Jn, 2018. chtpewe, Sergeant-Applicablty of the Comprehensive Agrarian Reform Law of 1888 ‘The Comprehensive Agrarian Reform Lew of 1988 ‘only to agricultural lands. tdoos not apply to lands classifed ag Meaning of Agricultural Land Agricultural land refers to and not classified as mineral, ferest, ‘industrial land * Tt consists oflands: (Devoted to agricultural activity, as defined in the 1988; (Comprehensive Agrarian Reform Law of (2) Notclassiied as mineral or forest by the Department of Bavirocment and Natural Resources; and {2 _ Prior to June 16, 1988, not classified for residential, Mach hay er rime eon Reform FACTS: Natale Realty, ne, athe owner of 125-hectare Presidential end Jn Astplo, Ris On Apel 18 ToT Proclamation No. 1627 set ane ‘Aatipl Sen 20,312 hosters of lend in ‘ae San Mato and Montalban as ownsicneeas scat 2 THE COMPREHENSIVE AGRARIAN REFORM LAW OF i _ CuarmentPneuommanyenarren TT Fria lmdownurs dep thie prope ts oe cor brig abot wii eae th Scent Hogar Cm (nw Howse nd Lent ‘Une Regulatory Beart pared Nahe foal ot ewiap th land nos ore When the CoaproensiveAgraian Rf Law ef 198 tuk eco dan 15198 eprint Arn eta Sedo Na of Creag te dele ns ‘eho Nt aly In sag tcc ‘oan thal th und ncn ned apr eds Shon Prien Pration Ne 60 stron tans omer ISSUE: Wheto the Compebnie Aan Baers Law o 188 cnr th ail pr he Naa ay, ne proper 'BELD: Tow Congreve Arai Reform Lay of 200 dete ve srg ris Baaly, ne, properias bone ho oe ho op Ten gic ans dt nda sme natal ore! ad Te Ntae ely, pret send 15a nde pen epost ea te raster Consttuionalty of the Comprehensive Agrarian Reform Law of 1988) ‘The Comprehensive Agrarian Reform Law of 1988 is not ‘unconstitutional because it isa valid exercise of police power.” SECTION 2. Declaration of Principles and Polis. ~ It is the policy of the State to pursue a Comprehensive Agrarian Reform Program (CARP). The welfare of the landless farmers ‘and farmworkers will receive the highest consideration to promote social justice and to move the nation toward sound rural development and industrialization, and the establishment of owner cullivatorship of economle-size farms as the basis of Philippine agriculture, ‘The State shall promote industrialization and full ‘employment based on sound agricultural development and —Wimattn of Sal Landers th Pipi, Ie. Saerctary of ‘Agrarian tom OF, M770 731, 7744, PE ly 18 1889, ee Pa ean‘ AGRARIAN LAW AND SOCIAL LEGISLATION a 2 agrarian reform, through industries that make ful] cffcient use of human and natural resources, atid Which srt ‘competitive in both domestic and foreign markets: Provides That the conversion of arialtural lands into Indwtet commercial or residential lands shall take into ills righis and national food security. Further, the Stat, shall protect Filipino enterprises against a ‘competition and trade practices. at ‘The State recognizes that there is not tural lend te be aivLied nod dlottbeied te casa agricul ‘el vostro tnt ach oe cen own cn ot = Tamil fare, Tio etag the easy a meee ‘reform program to uplift the lives and ‘meaningfuy {us ofthe farmer and hisfer children cen only be achien’y ‘through simalianeousindustralization aimed at developing & selfreliant and independent Tt wrt sag ins the Stato may, in the sons stable sopra inal ‘Seri wth he to provide farmers ad sod improve the quality of thelr Ives thea ae ee Set OMT TTENY EN 8 ‘As much as practicable, tho implementation of program shall be community-based to atin of fhe portant im exami oars a ary Ei ear hl have owt cme mg Tes ‘Fecognize the right of sol landwnere el rcp ‘existing laws, the rights of rural women to own and control Iand, taking into consideration the substantive equality ‘between men and women as qualified beneficiaries, toreceive a just share of the fruits thereof, and to be represented in ‘Advisory or appropriate decision-making bodies. These fights shall be independent of their male relatives and of thelr civil status. : ‘The State shall apply the prinetples of agrarian reform, or stewardship, whenever applicable, in accordance with Taw, in the disposition or utilization of other natural resources, including lands of the public domain, under Tease or concession, suitable to agriculture, subject to prior rights, homestead rights of small setters and the rights of {indigenous communities to their ancestral lands. ‘The State may resettlo landless farmers and farm workers in its own agricultural estates, which shall be Gisteibuted to them in the manner provided by law. tho State shall eae teem. Tt ahall provide support to such fishermen through appropriate technology and research, adedi fhrough, spprrrction and marketing assistance and other ‘Snancial pre tata shall also protect, develop and conserve» [AGRARIAN LAW AND SOGIAL LEGISLATION te; such resources. The protection shall extend 10 offthy {ching grounds of tubcistence fshermen agsint fore’ {ntrusfon: Flahwerkers shall receive a just share from inet Inbor inthe ulation of marine and Shing reources ‘The State shall be guided by the principles that land hy, social funtion and fand ownership'has a solal rca tity. Owners of agricultural land have the obligate’ cultivate directly or through labor administration the any they own and thereby make the land productive. The State shall provide incentives to landwuers ty Save ie proces f the agrvian reform Progen promote industalization, employment and St public sector enterpracs, nancial intranernte sane Payment for lands shall contain features that aha oh, negotiability and acceptability in the marketplace. ‘The State may lease undeveloped lands of the public domain to qualied entities forthe devlapmont tains inact eae stata especially thowe for exports subject to the prio right beuelolarien ander thie Aete - Tht oft Noves. Primary Objective of Agrarian Reform __ The primary objective ‘of agrarian reform is to | oe - ‘them into ecor 7 (Ging thet tokoanmemicetatans ee aa The agrarian refrm program isoundedon tnd regular femoris, who sro andes, toe ey © cvs hy ca of her ravers ive fruits thereof * But it does not guarantee ine ives ofthe agrarian reform = at edd by Rapa Act No, 700 ation, Art IL Seon erates sr ne Aen aC 8 ‘COMPREHENSIVE AGRARIAN REFORMLAW OF 1988 11 see.2 THR COMET APTER PRELIMINARY CHAPTER ‘owmer-Cultivatorship Economic Family Size Farm lothing, a th pygibieallowancefor payment of yearly onthe land antennae reserves rd yury core en lands they ‘The use and ownership of property bears a social function, and all economic agents are expected to contribute to the common good. ‘To this ond, property ownership and economie activity are always subject tothe duty of the State to promote distributive justice and Intervene when the common good requires." SECTION 8. Definitions. — For the purpose of this Act, unless the context indicates otherwise: (a) Agrarian Reform! means the redistribution of lands, regardless of crops or fruits produced to redistribution oflands, suchas production or profit- sharing, labor administration, and the distribution Shr! Land Retr Cod, Seton 1082 ‘Caaf Agen a Pipi, Stn 18620), ‘Bum Prono, Ne S004 an 21.2015.[AGRARIAN LAW AND SOCIAL LSGISLATION See ch will allow beneficiaries ho fruits ofthe lands they of shares of stocks, whi toreceive a just share of performed ‘euch farming’ opera- ‘a farmer in conjunction with ee ee iy one wher alo Aes ‘and not classified as mineral idential, ‘commercial or industrial land. pean ——————— es Natracare Saher ere ces () refers to ‘government as provided "A wee Raab et Ne, 86, ee. ‘COMPRES: ARAMA MFO LAW OF HAPPEN MRA CAPRA monthly oF 2; individual whose work has ceased as a conse- an ind or in connection with, a pending ag Ferns oad who has not obiatned subst aly equtvalentand regular farm employment._ , I ea 4mm HAW OPI fe COMPRESIENEE AGRARIAN REPORLAW OF 1565 i ei lcd ages SHE aerate ae Hi I: COVE CHAPTER II: COVERAGE NOTES: SECTION 4. Scope. — The Comprehensi Agrarisg Aands Cover Reform Law of 1988 shall cover, regardless 0 As a general rule, the Comprehensive Agrarian Reform Law of | es 1068 covers the fang publie and private agricultural lands; and tad tnd Executive Order No. 29, Including other neg [ap ———-_$ rl grit Iectres and basset is soreed or ogden eel cog meee ‘qualified benefit 1¢ following lands are not covered srehensive Bore sPecicaly the fellowing lands are covered by the ‘Avatan nara La of 1968 oe tt en spe at epee tao aa She, Public domain devoted to or suitable for ‘Lands actually, ra No reclassification of forest or mineral for parks, wildlife, forest reserves me fk lands to agricultural lands shall be tentcne sanctuaries and breeding grounds, watersheds and fer he preva ofthat cite Season an conaldceniner eta) developmental and oquty Private lands actually, directly and exclusively ‘esi miso pee sn BY lw the st pt ni {© All lands ofthe public domain in excess the speci init as determined oy oneness receding paragraph; @ Lands actually, directly, and exclusively used ations 2 pkey elias a) seeds and sedlig ‘research and pilot cee : Sk ero at ‘9 mosque sites and I ‘tenant thereto; lamic centers appur te pn 08,ry AORARANLAWANDSOCIALLEGISLATION gy. ®) communal burial grounds and cams ») and penal farme actually or oS i to SECTION 5. Schedule of Implementation. — The distribu. tion of ll lands covered by this Ae shall bo ted ‘immediate! completed within ten ( ve effectivity thereof. -_ ~ NOTES: Implementation Extended by Republic Act No, 9700 Section Sof Republi Act No.9700 extended the implementation of the Comprehensive Agrarian Reform Law, particularl fequlston and distribution of ogricltural lands to June 30 5014" e.6 THE COMPREHENSIVE AGRARIAN wor ENS AQEARIANREFORMLAW OF e839 ‘The right to choose the area to be retained, which shall be compact or contiguous, shall pertain to the land: ‘owner: Provided, hosever, That in case the area selected for retention by the landowner is tenanted, the tenant sill Ihave the option to choose whether to remain therein or be ‘beneficiary in the same or another agricultural land with ‘imilar or comparable features, In cave the tenant chooses ‘remain in the retained area, ho shall be considered tase. Holder and shall lose his right tobe a beneficiary under this ‘Act. In case the tanant chooses tobe a heneficary in another ‘sgricaltural land, ho loses his right ns a leaeholder tothe land retained by the landowner. The tenant must exercise this option swithin a period of one () year from the time the landowner manifest his cholce ofthe area for retention. In all cases, the security of tenure of the farmers or farmworkers on the land prior to the approval ofthis 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 this Act shall be mull and void: Provided, howeoer, That those executed prior to this Act shall be valid only when registered with the Register of Deeds within a period of three {@) months after the effectivity of this Act. Thereafter, all Registers of Deeds shall inform the Department of Agrarian Reform (DAR) within thirty (80) days of any transaction involving agricultural lands in excess of five (6) hectares. the a decrased landowner may be at the decedent landowner ‘The right of rotonton of cexercied by is ele, upon Proving Saar Aran frm mite rer No 02, er 0 200,et melt i aa opal ely con {5 the permeate fst eampenantin. In determining retention tata the tate shall eect the right of small landowner. The Slat shal rther provide incentives fr voluntary Tand- Seria” Rationale forthe Grant of Retention Rights Under ‘Agrarian Reform Laws ne ‘The right of retention is a constitutionally guaranteed right, waists Sie latin y te lgltre, serves ritigats th effects of compulsory land aoquisitin by balancing the eT aeran Rete ig +. Oris ‘igo Corea Gi ha TE io ‘TIE CONPRENENSIVE AGRARIAN REFORMILAWOF 1968 31 CAPreR I COVERAGE see wen to Exercise Retention Right 4, The landowner may exer iit of tention a any ine ‘pote receipt he wale of coverage. ‘Otherwise, wpon recip of the notice of coverage in cses of ‘mpulery aston, the andorer thal xi his rit of co by. nlyng his intent to retain within 60 days recipe of said notice. fj) _ On the other hand inca {dnd transferor direct payment, the lan right of relent a wes of voluntary offer to sll, voluntary downer shall exereise is of ‘ale of Right to Choose Retention Area ‘The landowner bas the area to be retained. ‘This area shall be id shall be least ‘rojudicial tothe entire landholding and the majority of the farmers herein. ‘As long as the area to be retained rcpt sens fon ceiling of five hectares, the land it does not exccod the retent ‘retained mast prevail? Tandowner’s choice ofthe area tobe “cana Landowner Who Has Already Exercised His Retention Rights cine, Prosidental Decree No. 27° Be Entitled to the Retention Right Under Republic Act No. 6557, as Amended?" No. If the landowner as already exercised his right of rotention under the Tenant Emancipation Lav, Ceci ie rtenton right under Comprehensive Agrarian form Lav of 1988. Tapani Again Reform nine Ore Ne 2 eho 3 Sectinnt 9 an sane 25207), 51 ns No, 1250, 1526080 Pai ee eee tear of Aap, Ne 13807 Scion Si2 [AGRARIAN LAW AND SOCIAL LEGISLATION 6 ue. THE COMPREHENSIVE AGRARIAN REFORM LAW OF 198825 ‘CHAPTER COVERAGE However, ifthe landowner chooses train fv hetarsin hig » toch intention upon offer o setter deemtpn tte 9 ts Law of 188, Dire Payment Schemes , 3). xecaton of any document stating tat bo 7 = i, ‘Can Spouses Retain Five Hectares Each Under the Agrari 4) Execution of a “Landowner Tenant Production Reform Law? a ‘Agreement and Farmer's Undertaking” or “Application ‘M Perchae and Parmer’ Undertaking covering rect Je depends 1 he property rvine is conju o aici reapertes community, then the sptses can retain only fv hectares Othe other hand, if the property regime is then the 5) Spouses can retain five hectare each ttl of 10 Reta)" at to ees bane Velonay Can a Landowner Exeris His Right to Retention over the Land Ones to Sl ‘Which Has Already Been Covered by an Emancipation Patent or 6) and Cericate of and Owmership Aware? indicing Hat ce ee ee ‘Yes. The issuance of an Emancipation Patent or Certificate sae of Land Ownership Award to beneficiaries does not absolutely bar eee estoppel ‘the landowner from retaining the area covered thereby." If the 1) Performance of any act constituting ‘landowner has been deprived of his right to retention, he may file a by laches, warranting inion etait Ownership Awe nat ‘have been issued re tens a a 4n Emandpaton Patent or Garis of and Ownorhip ard tam No.4 of he Staton of oes I Dupre Aan ‘may be cancelled if the land covered is lator found to be part of the Reform Administrative be landowner’ retained aroa* valid “of Polkies of Dopartzent of ca 4 ofthe Statement of Pale a icant Tom No.4 of the ie tat ‘The landowner waives his right to retain by com: . tof Policies tsinteattn stain by committing any of “Il. Statemer 1 Faro manifest an tention io eerie his ve Werth tantra ners mere thn he dag sot ot 5s, tare ene war oii n five (6) hectare retention aes, ‘lative of See, 6 of RA. No, 6657, és “in can of mui oe ea Rcenance, icp Naa Rem Amitai Onder NO re 208, See io (6) nectar een nued by the Register of stn ad, pana” Cnet el fpols OR 180 inary 1, 19 38 Pi "Deparment of Agraria Refora Adsnatstive One Na. sera o 2016, and the : ering Ore No.2, wren of 200, Scien eeaaa AGRARIAN LAW AND SOCIAL LEGISLATION Se in the name of the transferee shall, under ‘Repl elope be enidred valid and shal by {reeds the transferor’ retained area but in no case Shall the transferee exceed tho five-heetare landholding ‘ceiling pursuant to Sections 6, 70 and 73(a) of R.A. No, (6657. Insofar as the excess area is concerned, the same shall likewise bo covered considering thatthe transferor hhas no right of disposition since CARE coverage has been, ‘vested as of15 June 1988. Any landholding till registered in the name ofthe landowner after carlir dispositions ‘totaling an aggregate of five (5) hectares can no longer be Dart of his retention area and therfore shall be covered Under CARP. (Emphasis supplied.” In Department of Agrarian Reform v. Carredo,* the Supreme Court rejected petitioners argument that the private respondent lest is ight retention over the land because he had already sold apne inn fore than 60 atari toro soother sprehensve Agrarian Reform Law of effect. The Court ruled: nea “We cannot sustain petionery argument, Their reliance on DAR AO 0606s misplaced, As wil bo soon initiate “Te rant erion of Scion ‘toed ionitem Na FefDABAD OSS ance a "OR Na Tes (nwa 90,206 sa6 ‘THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1982 ‘CHAPTER: hereunder, but in no ease shall retention by the Iandowner exceed five (5) hoetares... ‘Upon the efectvity ofthis Ac, any sale, contract of 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 afer the effectivity ofthis Act. Thereafter, all of Agrarian Reform (DAR) within thirty (90) days of any transaction involving agricultural lands in excoss of five (6) hectares’ (Emphasis. supplied.) Section 70 of RA No. 6687, also referred to in Item [No.4 of DAR AO 06-06 partly provides: the total landholdings that shall be owned by the transferee theref inclusive ofthe land to ‘the provisions hereof shall be null and void...” (Emphasis supplied.) y, Section 7(a) of RA No. 6657 a referred to ‘Finally {in Itom No. 4of DAR AO 05-06 provides: ‘Section 78. Prohibited Acts and Omis- sions. = The following are prohibited: (a) The ownership or possession, for tho purpose of circumventing the provisions of Zia Act, of agricultaral lands in excess of the total retention limits or award ceilings by any ‘peroon, natural or juridical, excep those under calleetive ownership by farmer-benefciaries;AGRARIAN LAW AND SOCIAL LEGISLATION “Sections 6 and 70 ar clear in stating thet any sale ‘and disposition of agricultural lands in violation of the RA No, 6667 shall be null and void. Under the facts, of this case, the reasonable reading of these thr ‘Provisions in relation to the constitutional right of retention should be that the consequence of nullity pertains to the areals which were sold, or owned bythe tranafoee in excon of the Ehecars Tand ceiling. Thus, the CA waa correct in that land is Carriedo's retained area. conan “Item (Nl. 4 of DAR AO 06.06 attempts to defeat the above realing by providing tha the principle of estoppel, the sale of the frst five hectares valid But ithastens to add thatthe free five hectares sold corresponds to the ‘tained area, Thus, since the sao ofthe Brat ve hectaresis valid, therefore, the landowner loves tee five hectares because it happens to be, at the same Tho tle in excone of five hectare Forfitaney, owever, partake of erfmfae! penalty “tn Pores v LPG Refers Asmciation of the Pilp- ine, In this Cours sid that fr an nectar ‘egulatinohave th forsota penal law (theres te tive regulation mst be made eine the delegating stata el andthe penalty for otek ‘violation must be provided by the statute iteclf “Section 6,70 and 79a) of RA No 657 donot provide tata sal or daposition a inearty reruits in forfetture of the See 8 ‘THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1 ‘apren tecovgnace |" OF “Lav, a8 well as the issuance promulgated to Implement them, enoy the presumption of validity However, administrative regulations that alter or amend the statute or enlarge or impair its scope ae vid, and eourts not only may, but it is ther ebligaton to tke down such regulation, Tas, in this case, because tem to. 4 of DAR AO 06.06 is patently null and wid, the presumption of validity cannot be accorded ta i.'The {nvaldiy ofthis provision constrains us to sti it down forbeingulra vires. “Administrative regulations must bo in harmony with the. provisions ofthe law for administrative regulations cannot extend the law or amend lgilaive fenactment. Administrative issuances must not override, ot mrt remain consent with he av they sek ‘Apply and implement. Thy are intended to cary ot tasupplantor modify the law. Administrative or exective fects, ordors and rogulations shall be valid only when they are not contrary tothe law or the Coast. ‘Administrative regulations issued by «Department Head in conformity with aw eve th fre of av. As hie exercise the rulemaking pover by delegation of the lawmaling boy, iti rots that be sould not ‘transcend the bounds demarcated by the statue for the trorcive of that power; others be woul be improperly txercisng logislative power in his own right and nota & Surrogate ofthe lawmaking bndy. administrative agony, they are without binding ofc, fipon the courts, At best the same may bo treated 6 ‘tdministrative interpretations of the law and as such ‘thay may be set aside by the Supreme Court in determination of what the law means. of the “while this Court i mindfl mitment to te implementation of agrarian reform, it ust ‘bo conceded that departmental zal may Oe > ea ce outrun the authority conferred by statute, ch {the offeror the righteousness eeplale substitute; otherwise permitted to outra Neither the high digit of tho motive then is the rue of law becomes «myth "2 [AGRARIAN LAW AND SOCIAL LEGISLATION re q “As a necessary consequence of the invalidity ‘of Item no. 4 of DAR AO 05-06 for being uléra we hold that Carriedo did not waive his right to retain the land, nor ean he be considered to be in estoppel Ctiminal Vottions ‘The Comprehensive Agrarian Reform Law of 1988 prohibity » from the lam 2) Responsible goverament officers fe rat ly ilar a Sezzossneetnon dna Chosen LandonnrisTen Ib areas fir rns the tioart Das an wheter talent tenant caso Some: Xe should be noted that the - law speaks of tenant, and not he land a sor, the eatonshiy of land eecipation dealin, ral tsa map cite oe by ‘strain rid yg the parties are the lan or agricultural lessee; landowner and the tenant 7 iets aed Sein Ma ssveies aaection gen Sone, '9¢ Aearian form Admistrative Order No 02, erin 206%, 4 ‘THR COMIRENENSIVE AGRARIAN HEYORM LAWOF 1082 oe (CHAPTER IL COVERAGE 2) the subject matter of the relationship i an agricultural land; 3) there in gonsent between the parties to the relationship; 4) the ‘the relationships to bring about agricultural p q 5) thors persna ivan n the pr of he tenant or agricultural lessee, and 6) the harvest is aba between landowner and tenant or agricultural lessee.” Effect ifthe Tenant Chooses to Remain inthe Retained Area If the tenant chooses to remain in the retained area, he will ‘no longer be considered as @ tenant. He will be considered 2x an ind be disqualified ax an agrarian reform cary. ‘Asan agricultural lessee, he willbe entitled a: 1) Peaeoful possession ard enjoyment ofthe land 2) : a the land in «manner and method of cultivation und harvest which conform to proven farm practices 3) Mechanize all or any phase of his farm work; 4) Deal with millers, processors and attend to the issuance of quedans und warehouse receipts forthe produce due him: 8) Belorded ahem" jarvesting and ar of Cutie Cai, 2, Me 10447 [Navrber 2, 20180, Sia, No 1919 ne 8201, 08 P25 Cad of arian Rearma fhe Pipin,Seton 23. ida Seton ta nS 28,0 [AGRARIAN LAW AND SOCIAL LEGISLATION fas 1_Restneestepeenialieg tarts. a ‘cag th agricltaral lessor decides to sell the same;* 8) Redeem the landholding at « reasonable price ‘and consideration in case the agricultural lessor sold the ‘same to third person without his knowledge. Correlative othe foregoing tight are the following obligations » cua onthe landholding a8 god father {amily and perfor al th work therein in accordanes wih proven farm practices; mate : ne reply pect settee andrea won pst te cepeer 3) Take ‘implements: to bim by Teasor and see ‘tat they are not used for purposes other than those intended ‘or used by another without the knowledge and consent ofthe ‘agricultural lessor, 4) Koop his farm and attended to di teen growing crops to during 5) Notify the agricultural lessor at least three days before the date of harvesting or, whenever aj of threshing: pplicable, 6) va itfalls due’ ugrealeural lessor when Term of the Lease aman 7rd relation ons etbihed cntinst 0 ‘he following ‘rough any of » : landholding by the lesen? Semone of Toate oan Rat fe Plpoe Scion 1. iat een Pia eS ai ITS a 2) Abwjence of wueconor (i, surviving spouse eldest direct descendant by consanguinity. or next eldest Gavcondant or descendants in Uso order of Uncir a) in dfmovent of death or permanent ineapaciy of the ese.” rhe leasohold relation is not necousarily extinguished by death ‘or incapacity of the Teese. If the Teme dios or i permanently aeons leagoold continues between the agrcataral less se craon wo can clivae the landholding personally, which a goo ean ewe frm among the following: 1) the surviving spouse; 2) the eldest direct descendant by consent 2) net ld dents the order of their age. Likewise, the agricultural ‘mere ‘term or period in a Herminated by the transfer of i pane oa rahe agriultaral ar egal posession ofthe landholding ragicatural esto.” a Beneficiary fn the same o another ev ightto boa esse ofthe retained the transfrce becomes Effect the Tenant Chooses to Be the tenant agricultural and, by the landowner. children of the Landownar ro Ee Tee Hes EY , ndow rn ve etares of apres Tratandowner owns are tha ve ATE TT hg land the ens area mat awarded ie a he Land the exe nto thre bectaree neh follseing conditions: 1) thoi sat Feast ccitd is actually ein ing the farm. 15 years ols and fe Tand oF 2) the directly mana oe rain Seine om i gine trAGRARIAN LAW AND SOCIAL LEGISLATION ay ‘The child need not directly or personally till the land ~ tig ‘A qualified child who owns less than five hectares of agrieu) tural lands is still entitled to an award of his parent's landholding provided that his total area, including the area to be awarded does ot exceed the five-hectare ownership caling.® For example, if the ‘child already owns three hectares of agricultural land, he can still be ‘awarded two hectares Lands landowners cannot be sold, 2) hough hereditary seni 2 the gremment 8) tothe Land Bank of the Philippines; or ‘nother quid bene, “he ts nth mre oi each il repardinae te nd om the gerne he Land Bek of te Php hin pred afro ears fom th eof ana oh of Homestead vei Right of Trans "The Cnt proves tht: “Tho Sato shall aply the principles of agrarian ‘fom or stewardship, whenever applabl in axon atc with avn he dipoiin o ulizaten of thor tural resources, inlding lands of publi domed ir homealone sa = sal setry, andthe rights of indigenous cultural communities to thet anceteal that, 7B? ComProbensive Agrarian Reform Law of 1988 lao provides conse srantees or their direct paiory ei who el on compulary hrs who ail own ha orga he 4 the time ofthe approval of thie Ac hall ram ane Sesion PER Aaratian Reform Administrative Order No, 6, sre 3008. Tiss eer Ate KIT, Scion 6; pss up, (4 THB COMPREHENSIVE AGRARIAN REFORM LAW OP 198833 i ‘CHAPran ie COVERAGE ‘same areas as long as they continue to cultivate ‘said homestead.” Itean be seen that both the Constitution and the Comprehen- sive Agrarian Roform Law of 1 reform law is a remedial messure pi ‘rsuant to the Social justice precepts of the Constitution it cannot be invoked to defeat the of the enactment of the Commonwealth (Criminal Violation orient ces sy eee comet SECTION 6.A. Exception ictitiral lends by: expropriation or other modes of sSrulsltion tobe ured for etal scallion ob a and brig pul markt schoo aera ener a os m eee 2 =s sary 2 1980}, 288 Pl 792parks and barangay plazas or squares, consistent with the pproved local comprehensive land use plan, shall not be ‘subject to the five (S)-hectare retention limit under this Section and Sections 70 and 78(a) of Republic Act No. 6867, ‘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 Ihave been subjected to expropriation, the agrarian reform beneficiaries therein shall be paid just compensation.” xopriten of Pata Arta Land by Loca Government 1 Local Goverment Unit LOU) = ‘Reform should first subject it to sgraran reform coverage. This means thatthe land should frst be ‘Seren Ge il prtemect oval Sos Deon cure im ho wl yf conan ine, : il dtrvut ted ‘to the agrarian reform beneficiaries. After distribution, the LGU wil expropriate the land and pay the agrarian reform beneficiaries the just compensation, Deneficiars SRCTION 63, Rai of Lint of Land Sie, Wiein ate (© months trom the efictiity of th Aa, tho DAM shall ‘ibmits comprehensive say on the land sae appropriate crop to Conger or rs Tima of land sine provided nena & Possible review of NorEs, The mpot ofthe Provan on Land sis Review sg Section 6B of the Comprehensive Agrari ine 988 isan in Tm =e, io eee TER nt No. 70, 11 ‘THE COMPREHENSIVE AGRARIAN revo = ‘CHAPTER COVERAGE NAW OF 38 ste ct SECTION 7. Prorten.— The DAR, in coordination with the Presidential Agrarian Reform Counell PARC) shall pan find program the final acquisition and distribution ofall ‘Semaining unacquired and undistributed agricultural {fom the effectivity of this Act until June 30, 2014, Lands Shall be acquired and distributed as fellows: Phase One: During the five (8}:year extension period ‘allremaining lands above fy (50) hectares shallbe ‘covered for purposes of agrarian reform upon the effectivity Gf thie Act. All private agricultural lands of landowners ‘vith aggregate landholdings in excess of fity (60) hectares ‘which have already been subjected to a notice of coverage Iteued on or before December 10, 2008; rice and corn lands tunder Presidential Decree No. 27; all idle or abandoned lands; all private lands voluntarily offered by the owners for eform: Provided, That with respect to voluntary resolved pursuant to Section 17 of Republic Act No. 6657, as ‘mended: Provided, finally, as mandated by the Constitution, Republic Act No.6657, as amended, and Republic ActNo. 3844 ‘as amended, only farmers (tenants or lessees) and regular farmworkers actually tilling the lands, as certified under sou the obligation of are ine end nd the nnd fares thereon: mnzation of the end ent nancial intitations oe Commission on EF i i i BEE EE { Gir and all other lands owned by fi” [AGRARIAN LAW AND SOCIAL LEGISLATION a the effectivity of this Act, with the implementation to by _ completed by June $0, 20135 ‘Phase Two: (a) Lands twenty-four (24) hectares up tp ‘Sfty (60) hectares shall likewise be covered for of ngratian reform upon the effectivity of this Act. At Sec aeeetenr ete mae opr see ea agricultural agroforest, pasture and ‘eases already cultivated and planted to {in accordance with Section 6 Article XIT of the Constitution, owns) (All emaining private agricultural lands of ‘aggregate landholdings in excess of twenty. {our 0 hectares, rogardles as fo whether tho sphlctedtenotcesofcoverage ont wi the implement: onto begin on July 1 2014 and to be comploted by June 90 commencing’ with large tendeernte, cicaltaral lands {0 medion aad axial este es oad ehedk proceeding ale: landholdings under the fol (s), Lestat eae shag, f22 Lo hectares up to twenty four a) ines hc cre above hb June $0, 20135 and ‘and to be completed by ©) Lands of landowners with from the retention limit up to ton 8 es on July 1, 2013 and 2 bab, 2, t20 10) hectares, to principally the right of farmers See ee Ten CERNE AN OFS st ‘The schedule of acquisition and redis ais ‘agricultural lands covered by this eo in ‘with the above orderof trary, which anal im aceryded in the implementing raae to be prepared by tho PARC, taking info consideration the ‘oll a Jandhofand the meaning and obligations ot farmland ee ere oo etait re tee gent pierces eae om, sone, Fr i a Sariatag Comin RCC, wt roca gy ete eae Toco nee gS isin arraigned oe mage es Sie oe she eet oe ic vim nebo nse Spittal he eer ee irate iam Bi Be oe Pee hz einen ern ue ei i Room cea Teron ee i Sh Sie inte ees Ka ded, ‘Taat an owner but i actually cultivating to the fae de na or etecn the ares ofthe land heise PaAGRARIAN LAW AND SOCIAL LEGISLATION a ‘owns and the award ceiling of three (3) hectares: P; Crrctclren tall bo subj! te ection to 25 of ‘Act No. 6657, as amended: Provided, Bere Sereetsepeetanty ts po i i t 1) Landa wth tobe competed y Sune, 20%, pate a #) those which have 1 10.4 Notice of Coverage ager go jad 2) Lands with ‘att ino a ga nership by the "Tarmt_ A dey tp kN 0, eet Tarcomrmneoperonttarorins 0) all alinable and di . caltural lands; Alapoeble public agri- b) all arable public agricultural lands under grofret, pasture and ageclural leases already cultivated and planted to crops in accordance with Section 6, Article XIT of the Conttatien, ) all public agseltaral lends which ae to be opened for new development and rertlement; 4) all private sgricaltural lands which have already been’ subjected to a Notice of Coverage Stnued on or bfore December 10, 2008; and 4) all remaining private agricultural lands regardless as to whether they have been subjected {tices of coverage 3) Lands with an area of amare upto ee pte by Dune 90,2019; en6 4 Lands from the retention hectares, to be completed by June 30, 201 Only farmers (tnants or lsses) and regular farmworkers Judge of the city or municipal eourt that Ile or Abandoned Land "dl nn doo "app ao rte cult ‘developed to produce sees re by ‘become ‘regularly devoted ws rie ey som hn hn me perma wc a came eral pares gree my hr fans« [AGRARIAN LAW AND SOCIAL LEGISLATION wa q ‘event, provided that prior to such event, such land was, ‘teed for agricultural or other economic purpose. Previowly So ae ere ee are [Lands covered by the paragraph ‘the like, shall be Grower or service contracts, and disposed of as follows: (a) Lease, management, vere ‘Grower or service contracts Sepng suc lands covering an agaregnt aren in econ ot {pte hectares lensed or held by foreign individuals in excost ‘are deemed amended to conform with the i fi tonite ee =a seared Seperated na cole n, Pe ac a od cmt ae = wow nce when sing Implemented extend beyond Areas Se nes Sonya eat Se nm reed xe.8 THE COMPREHENSIVE AGRARIAN: e ‘ai EASE AGHARLN REFORM LAW? 188 Such agreements can continue thereafter only under a new contract between the government or qualified benef- Biaries or awardees, on the one hand, and said enterprises, fon the other. ‘Lands leased, held or possessed by multinational cor- ‘owned by private individuals and private non- rnmental corporations, associations, institutions and SDuities, eltizens of the Philippines, shall be subject to im- cratiate compulsory acquisition and distribution upon the Txpiration of the applicable lease, management, grower oF srivice contract in effect as of August 29, 1987, or otherwise, ‘Shon its valid termination, whichever comes sooner, but not [ROE fhan after ton (10) years following the effectivity ofthis ‘hot, However during the said period of effectivity, the gov- ‘mnment shall take steps to acquire these lands for immedi. ‘te distribution thereafter. In general, lands shall be distributed directly to the individual worker-beneficiaries.tncaseit isnot economically feasible and sound to divide the land, then they shall form Swrorkers’ cooperative or association which will deal with the corporation or business association or any other proper party for the purpose of entering into a lease or growers Agreement and for all other legitimate purposes, ‘Bew agreement is entered into by and between the workers’ ‘Cooperative or association and the corporation or business fssociation or any other proper party, any agreement texlating at the time this Act takes effect between the former and the previous lando Grorkers’ cooperative or association and the corporation, Business, association or such other proper party. In no case shall the implementation or application of this Act Justify Or Teault in the reduction of status or diminution of any benefits received or enjoyed by the workor-beneficiaries, or in which ‘they may have a vested right, at the time this Act becomes ‘effective. ‘The provisions of Sect production and income-sharing' ‘by multinational corporations. ‘During the transition period, the new ewners shall be ane at efforts to learn modern technology in pro- Seared in tact ea which show « willingness and com. sion 82 of this Act, with regard to ‘shall apply tofarms operated[AGRARIAN LAW AND SOCIAL LEGISLATION e q mitment and good-faith efforts to impart voluntarily mitecod technology will be given preferential treats where feasible. In no case shall a foreign corporation, associ catia dinidual enjoy any rights or privileges bags ‘than those enjoyed by a domestic corporation, entity or individual. a ‘NOTES: ‘Agricultural Land Possessed by Multinational Corporations Agricultural lands leased, held or possessed by ‘fit is not economically feasible and sound to divide the land, SECTION 8, Aneta Lands, ~ For purposes ofthis Act ancestral lands of each indigenous cultaral community shall Sncads, bt not belied ty andthe actual continsoe ‘open possesion and occupation ofthe community and He memeare Frovhded, That: the ‘Tarnene,Eyptom. sil tg The right of these communities lands shall be protected to en to their ancestral dotormination snd cerns ag ith the principles of sell (end uae ant tne ztutonomy the systems of land ownershis amnunities Met eee setling land disputes of all these = te recognized and respected, Any provision of the PARC may sano law the Setncating ech Ind Provide? aane of Hentiving and ‘es oh encore! domain ans RY enact thal wt ‘other national wens Pritts enunciated te thor nc and ‘gee 10 THE COMPREHENSIVE AGRARIAN REFORMLAWOFI586 43 ‘CHAPTER I COVERAGE nder a bona fide cai of acquisition of ing to theis customs and traditions fra period of ere gp year before the dat of epprotal of Present Decree No. 410. cir i inal group ovnership,cotinzosly, claims Ofonentexcopt when interupted Dy war, fre maior of te tm rent by fre, dest, slab eso coeranenss 7 neta and other vluntay dealings entre iio Wf td private individualscorporations inluding gevarnmen eidenta lots erase r paddies, prvae esis pwd farms, and tree Its a Lee epee Mp saat tment el doen ey cho teen {he Contttion othe ato! OME In the aut ‘agrarian reform tions ond SECTION 10. Beno OO ed fr forest reserves, reforestation, oem pment i ne Ea anummore enteet“ AGRARIAN LAW AND SOCIAL LEGISLATION my grounds, watersheds and mangroves shalll be exemp the coverage ofthis Act. = ») Private lands actually, directly and exclus used for prawn farms and fshponds shall be exempt fry the coverage of this Act: Provided, That said prawn fare ‘and fshponds have not been distributed and Certificate ¢ Land Ownership Award (CLOA) issued to agrarian refore Deneficiaries under the Comprehensive Agrarian Refore Program. a cases where the fishponds or prawn farms have heey subjected to the Comprehensive Agrarian Reform Law, by voluntary offer to sell, or commercial farms deferment ¢y notices of compulsory acquisition, a simple and absolute majority of the actual regular workers or tenants must consent to the exemption within one (1) year from the ‘effectivity of this Aet. When the workers or tenants do net ‘agree to this exemption, the fishponds or prawn farms shall be distributed collectively to the worker-beneficiaries or tenants who shall form a cooperative or association to ‘manage the same, In cases where the fshponds or prawn farms have not ‘been subjected to the Comprehensive Agrarian Reform Law, the consent ofthe farm workers shall no longer be necessary, however, the provision of Section 82-A hereof on incentives Seung research and pot # production center, church sites {convents appurtenant thereto, mosque sites and Islamic SYS spPurtenant thereto, communal burial grounds shaded by Repub et No, 73, se: 10 THECOMPRENENSIVE AGRARIAN REFORMLAWOP 5684 NOTES: Land Classification inthe Tax Declaration Not Conclusive ‘The land Sn whe s son Fee clasication isnt i ot irfitable® Court (aN. 18000 [october 83001 BoP 366306 Sites ding Ge tapes a titt or cient. Sain cise pete : Spotenhecopcpmeats ieee mieeiiikoeae topes ieaensts “FRepaicn,SloaorN.Lapex Artois Cop O.R. Nox 178895, 170071 ‘anuary 10, 2011, 64 Pal 4-65.Jing its clear that the undevel- Based on th fasng t tions of the Antipolo Hills Subdivision cannot in Tre Feunge be cnaiered a lands These ny a far eet ae. They cased tobe ae at upon approval other nctaion inthe Fane tpas rerein, Bron tay, tho areas in cae Stan t be developed a a oweoxt housing Eset, ae at a snail pace. This cn readily be tm te fc that he Samaban ng Magsasaka Sends Antal Ine) members even inatted an Subs eae pidonre fos continuing with such evnpment The enormity ofthe rrourene needed for Sevepingaubdivion may have delayed is completion batt de nt dtrect rom the fc hat thse lands are sil residential lds and onsite the ambit of the {Compressive Agari Reform Law of 1988) “Inde, lands not devoid to agricultural activity sre oti the coverage of te (Comprehensive Agrarian orm Law of 1988) ‘Those inelug lands previously converted to non-agricultural uses prior tothe effectivity Comprehensive Aare tir La of 1968) by Eprumen ence or han repent Deprinen Since the (Natalia Realty, Ine] lands ‘converted prior to 15 dune 1968 resp a chara aa is nd yh era, therefore errr to include the undeveloped portions af Atos i Su led path ate a coverage of [the nprehensive Agrarian Reform Law of 1988)" ee ead ati meri 9 Is of a “OR. No, 108802 (August 12, 1909), \ sand Sons, trey OR. Moot ‘Ne rth COMPRENIENSIVE AGRARIAN REFORM LAWOF 198847 CHAP COvEKAGH Lands with at least 18% Slope ‘The reuse for exempting lands mE a caverage oP agrarian reform ix to en th qeesands ond streams resulting fFom sil erosion. Thais why all feof the public domain with at least 18% slopo are eamsidened as (forests or forest reserves, regardless ofthe condition of Fa pm a ny Wind and ee, SGeaiizar tinea. If the land with at least 18% slope has boon previously lassified as alionable or disposable, but not yet tthd, it shall be ‘ategory of publie forest. However, ifthe land has ‘faverivered by «an approved public land application oF vccupied penly, continously, adversely. and publiety for period of not less epen 30 years as of the effectivity of the Forestry Reform Cate it hall remain as such alienable or disposable on eondition that the on and land is adverse: Schoo! Sites and Campuses Lands. actual ly and exclusively used and found pec ot adult oodleamPuson are tempted from the the best position to or ‘ewverage of agrarian reform. The Schoo! is 1 to Ne Department of Agrarian Reform has no tute its judgment or diseretion for that of the school. Central Mindanao University v. Department of Agrarian ‘Reform Beard GHE.No, 100001 [October 22, 19921 120 University ic an agricltaral intitation shi "of land. 1984. it fidopted.t lielibood. program under which ite faculty and Cemplogece (groups, of five members each group? leased its Tin resourees U9 etable each group to eultvate four to five ‘vied Foretey Cae ofthe Pippin, Prasat Deere No. 705 (Ma Cena Mina niort¢ Departmontf Aaron Rofor Ajo earl, GH Ne "00091 |Ovtater a, 18, Department of Agri, Rofo Deprinaet of Becton Calan and Sports CR Ne (OSE26 Marsh 23, 20064 he a8 88aw ANDSOCALLEGISLATION onan en rjc Lathe fly scat ets gaan era sin de Pm ner te Gomer coxnplaint dela MF Togs, Acting on the seid complaint, Sern er La 008 tat the Fal a te Depart of ents ad cant therefore qually as eee De tate compe aod Reem serenity Central Mindanao University and sats Ft nn erm evra sbi Lo Let the gun tne # wes mot rey, Sie eachrly wed etl ste SUE: Whee thn Department of Araria Ref wat ere SE Mong tn 400 etre of Cnial Mindanee ‘Samet HELD, Toe Departnen of Agrarian Reforms construc sn of acm 10 te Compre Arai Raft Law Side te land rete Contra! Mindanse Univer: ‘Spy tnpemtvds olan aren presently ov ativly 2n25 2 candy ad uivrsty in caring ts pres SPSSEEaaT pan hth present stadt population ‘ttre eT Sprtnnt, beter reo ep eet actor of growth of th niverity {otame. By the very nature of the Central Mindanao Univer- sip ich schol etabed o promote agrclre and {ndaty, the need fora vast tact of agricultural land for future ‘when and what lands Who Has. a Chain rection to Exempt a Propet from Agrarian Refors ‘has the jurisdiction and whicECTION 11. Commerial Farming. ~ Commercial farms private agricultural lands rit it farm orchards oe devoted t salted sone Farm, 23,201), 659 id aap” oe Pride, GR Na, 189932 [Febru07 {1b COMPRENENSIVE AGRARIAN REFORMKLAW OP 188849 ‘CHAPTER I COVERAGE ‘cacao, coffee and rubber plantations, shall be subject, to smpulsory acquisition and distribution after ‘Act. In the ease of {immediate co immgo) years from the effectivity ofthis ton (icra, the ten-year period shall begin from the first year new jnmercial production and operation, as determined by of eOARt During the ten-year period, the Government shall te steps mecessary to acquire these lands, upon payment sain ompensation for the land and the improvements or see preferably in favor of organized cooperatives oF {therefations which shall thereafter manage the said lands tar the workers-beneficiaries.” If the DAR determines that the purposes for which this doferment is granted no longer exists, such areas shall tiie uatically be subject to redistribution. ‘The provisions of Section 32 of the Act, with regard to prodyetion and income sharing shall apply to commercial farms. NOTES ‘Commercial Farms Commercial farms are lands devoted to: sabes, 2) rut rms 8) orchards; 4) vegetable and ent flower far vegetable and ext 8 5) Geno, coffee, and rubber plantations — Implementation Deferred on Commercial Farms Compulsory acquisition and distribution of 1) _ from the effectivity of Comprohensive Agrarian Reform Law of 1988 (ie, June 16, 1988) ~ for farms “trendy existing when the iw took eet; and 2) from the fist year of commercial production ‘and operation ~ for new farms. farms commers has ar matty Repub At No. TBManner of Distribution of Commercial Farms Commercial farms may be distributed individ Individual beneficiaries are entitled minimum ifthe land ‘to accommodate them. ‘The following order of priority shall be observed in iy ‘ot suf 2° agricultural lesoes and share tenants; (2) regular farmworkers; 3) seasonal farmworkers; A) ther farmworkers; ‘etual tillers or occupants of public lands; 8) callectives oF see ‘operatives ofthe above benef DD others ircly working onthe land se tse comonily feasible and sound to : divide = wl be obliged to form a workers oper 11 ‘THE COMPREHENSIVE AORARIAN REFORM LAWOF 1968 61 on ‘CHAPTER I: COVERAGE. determined by the Department of Agrarian Reform upon the recm- ‘pendation of the agrarian reform beneficiaries." be Regular FARMWorker 0.0m V 048" ce vuten A is a natural person who i coe permanent basis by an gieulteral entereiee cr asa - “ eosmal quabaly bye ‘A Seasonal armworker isa natural person who is employed en a recurrent, periodic or intermitent basis by en agricltural enterprise or farm, whether as a permanent or nonpermanent laborer, such as “dumaan,"sacada,” and the like.” ‘ther Farmworkers, are farmworkers who do not fall under the of farmworkers, regular farmworkers, and seasonal farmworkers as defined under the Comprehensive Agrarian Reform Law of 1988." Cooperatives shall refer to organizations composed primarily of ural producers, farmers, farmworkers, or other ‘agrarian reform beneficiaries ‘the same rights and duties asa natural person.” Agrarian reform beneficiaries for acquired commercial farms ‘must have the following qualifiations D) Mast be! dat the time ofthe filing of the application aa 5 “Depart Aun air dint Ore N. sere 198, Compan ive Agrarian Reform Law of 1988, Section 3h). Mabini Cas Bi abe De sa tte Ce ARIE. ow ieatSoiond0n nseLROISLATION. ey, ae sea nd June 15, 1998 oF upon ho are biequfied to Become a Commerta Farm Beneicary ‘he loving are disqualified fom becoming a commer ‘arm benef: 1) Farmworkers who have relied tom serio, whether optional or employ, 2) Parmworkers who have enpleyment withthe fara 3) Farmworkers who have been ai use, mies *D_ Farmworker, tee or tnania who wis refuse tobe a beneficiary: and 5 or tenants who have coll URS a te I ‘and tions. Freedom of Beneficiaries to Choose the Type of Agribusiness ‘Beneficiaries of commercial farms have the full freedom: » azcangnent twill mann the Sor Mba amasen the econamte of 2) ‘To market their products or entar into maikst- ing arrangements; and AGRARIAN RRFORMTAWOP 198853 CHAPTER I: COVERAGE oo TH venture arrangement, enterprise development, and Sanity bung” types of ‘Under Section 29 of Department of Agrarian Reform Admi istrative Order No. 09, series of 1998, among the agribusiness enture a which commercial farm beneficiaries o their omoratives may enter ito are the ollowing: » ‘contrbution oF Se oe ee ———— ~— 2, eet ss ey ae —— arm operations within time not ‘exceeding 10 years, 3) Sonia Groin Arann ss Soest wary te agrarian re » “thisisanarrangement whereby form beneficiaries ot the ‘or investor to manage and operat the farm in exchange for fixed wages or commission,” ninitrav Order No 00 sero ef 1888,Right of Retention over Commercial Farms (Owners of commercial farms, whether individual or a alo ented tothe retention rights granted by Section 8 ot ‘Comprehensive Agrarian Reform Lav of 1988." a acl ow ann 8 tat Section 2c), CHAPTER III: IMPROVEMENT OF TENURIAL ‘AND LABOR RELATIONS: te Pigtmrere in tonanted lands under the retention limit and the re not yet aoquired under this Act, the DAR is mandated lantsiermine and fix immediately the lease rentals thereof £2 atordance with Section 24 of Republic Act No. 3844, as im wecjod: Provided, That tho DAR shall immediately and Striodleally review and adjust the rental structure for Bittorent crops, including rice and corn, or different regions fn order to improve progressively the conditions of the NOTES: Power ofthe Department of Agaran Reform to FC Rental 7 ‘Under Section 6 of the Comprehensive Agrarian Reform Law ‘of 1988, the tenant may choose to remain inthe portion retained by ae ‘mn whieh ease, he will no longer be considered as a In order to protect the economic status of the farmer, the a"[AGRARIAN LAW AND SOCIAL LEGISLATION aad ‘estimated normal harvest during the three Sears immediately preceding the date te leasehold wag babe : 26% of rere normal harvet leat the value of the sort of sooducane averting feuting) losing euling, andor trcking fev nd en of proseing od 2 = 25% fhe average normal tarreeel he preceding hres ealendar Year let the valu of production cok SECTION 12, maiiaiiarreg — Aa eniarrg ‘adopting the scheme for in 82 or operating under a production venture, lease, management contrad for other similar arrangement and any farm covered by Sections 8 and hereof Is herehy mandaied to era ‘within ninety (90) days from the ‘Act, production-sharing plan, under guidelines prescribed by the appropriate government agency. Nothing herein shall be construed to sanction the diminution of any benefits such as salaries, bonuses, leaves and working conditions granted to the employee beneficiaries under existing laws, agreements, and voluntary practice by the enterprise, nor shall the enterprise and lis ‘employee-beneficiaries be prevented from entering into any ‘agreement with terms more favorable to the latter. ‘Applicability ofthe Provision on Productiofi-Sharing Plans ‘This provision, which obliges the establishment of a production- sharing plan, applies only to: ‘D Farms operating under @ production ven- ture, lease, ‘management contract or other similar arrangement; “Aaictaral Land Reform Code Seton 94 : of Agrarian efor Administrative Order No 02, seis of 2008, tem Via °id he eB) 4. ‘Comprehensive Agrarian Rei Law of 198, Sation 19. 2) Farms leased of operated by multnation corporations of ‘by mubintional 8) _Commercal farms ie, those devoted to salt beds, fruit farms, orchards, vegetable and cat ‘owns farms, e1e20, cole, or rubber plantations”