THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1988

Commonwealth ● Commonwealth Act 53 recognizes the testimony of the tenant as

Period prima facie evidence of the terms of a tenancy contract that was
Section 1. Title. - This Act shall be known as the Comprehensive Agrarian Reform Law of not reduced in writing in a language known to him.
1988.. ● Commonwealth Act 178 amended the Philippines Rice Tenancy
Act.
● Commonwealth Act 271 amended the Sugar Tenancy Act,
Agrarian extending its application to sugar farm workers.
● “Agrarian” is derived from the Latin word “ager” = field ● Commonwealth Act 461 provides security of tenure to agricultural
● Relating to land or to the ownership or division of land. tenants.

After the grand of ● RA 34 changes crop division.

Agrarian Law independence ● Agricultural Tenancy Act of the Philippines
● Distribution of public agricultural lands and large estates, as well as the regulation of the ● Land Reform Act of 1955 - motion of expropriation of all tenanted
relationship between the landowner and the farmer who works on the land. estates but limited to the expropriation of private agricultural lands
● All laws that govern and regulate the rights and relationship over agricultural lands between in excess of 300 hectares of contiguous area, if held by a natural
landowners, lessees, or agricultural workers. person, and in excess of 600 hectares if owned by corporations.
● Agricultural Land Reform Code - abolished share tenancy and
instituted the agricultural leasehold system in its place. Limited by
Basic law on Agrarian Reform utilization and area.
● Comprehensive Agrarian Reform Law of 1988 ● Code of Agrarian Reforms of the Philippines

Supplemental laws Martial Law ● Tenant Emancipation Law - transfer of lands primarily devoted to
1. Tenant Emancipation Law rice and corn to the tenants.
2. Code of Agrarian Reforms of the Philippines
Cory Aquino ● Proclamation 131 - instituting a comprehensive agrarian reform
program.
Primary objective of the Agrarian Reform Program ● Comprehensive Agrarian Reform Law of 1988 to cover all public
● To break up agricultural lands and transform them into economic size farms to be owned by and private agricultural lands,
the farmers, thus uplifting their socio-economic status.
● Founded on the rights of farmers and regular farmworkers who are landless, to acquire Agrarian reform
directly or collectively the lands they till, or to receive a just share in the fruits thereof. ● The 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
Social Legislation factors and support services designed to lift the economic status of the beneficiaries and all
● Broad that it covers labor laws, agrarian laws, and welfare laws. other arrangements alternative to the physical redistribution of lands, such as production or
● Enacted under the social justice clause of the Constitution. 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.
History of Philippine Agrarian Laws
Other alternative modes:
Spanish Era The Civil Code, Special Provisions for Rural Leases governed the 1. Labor administration
relationship between landowners and tenants. 2. Profit-sharing
3. Stock distribution
American Regime ● Philippines Rice Tenancy Act
● Sugar Tenancy Act
Comprehensive Agrarian Reform Law of 1988
● A piece of legislation pursuant to the comprehensive agrarian reform program.
 ● Aimed at liberating the vast potential wealth of Philippines agriculture by giving the majority Owner-cultivatorship
of Filipinos a real and rightful stake in the land. ● State of a person who not only provides capital and management, but also personally
cultivates his own land with the aid of his immediate family and household.
Comprehensive Agrarian Reform Program
Economic Family-Size Farm
● Social justice and poverty alleviation program
● An area of farm land that permits efficient use of labor and capital resources of the farm
● Equitable distribution and ownership of the land based on the principle of land to the tiller.
family and will produce an income sufficient to provide a modest standard of living to meet a
● Dignified and improved life of the beneficiaries.
farm family’s need with possible allowance for payment of yearly installments on the land,
● Adequate support services for sound development and economic-size farms as the basis of
and reasonable reserves to absorb yearly fluctuations in income.
agriculture.
The state recognizes that there is not enough agricultural land to be divided and distributed to each
Applicability
farmer and regular farmworker
● Applies only to agricultural lands.
● Remedy: simultaneous industrialization aimed at developing a self-reliant and independent
national economy effectively controlled by Filipinos.
Meaning of Agricultural Land
● Devoted to agricultural activity and not classified as mineral, forest, residential, commercial,
The State may resettle landless farmers and farmworkers in its own agricultural estates, which shall
or industrial land.
be distributed to them in the manner provided by law.
Lands consisting:
By means of appropriate incentives, the State shall encourage the formation and maintenance of
1. Devoted to agricultural activity
economic-size family farms to be constituted by individual beneficiaries and small landowners.
2. Not classified as mineral or forest by the DENR
3. Prior to June 15, 1988, it was not classified for residential, commercial,or industrial use under
The State may lease undeveloped lands of the public domain to qualified entities for the
a local government town plan and zoning ordinance.
development of capital intensive farms, and traditional and pioneering crops especially those for
exports subject to the prior rights of the beneficiaries under this Act.
Agricultural activity
● cultivation of the soil, planting of crops, growing of fruit trees, raising of livestock, poultry or
The State shall be guided by the principles that land has a social function and land ownership has
fish, including the harvesting of such farm products, and other farm activities and practices
a social responsibility. Owners of agricultural lands have the obligation to cultivate directly or through
performed by a farmer in conjunction with such farming operations done by persons whether
labor administration the lands they own and thereby make the land productive.
natural or juridical
Social function
Natalia Realty, Inc. v. DAR
● Property ownership and economic activity are always subject to the duty of the State to
● Natalia Realty is the owner of a 125-hectare land in Antipolo. PD 1637 set aside 20,312
promote distributive justice and intere when the common good requires.
hectares of land in Antipolo as townsite areas to absorb population overspill. The
Natalia Realty properties were within areas proclaimed as townsite reservations.
Private landowners developed their properties into low-cost housing subdivisions
within the reservation. Natalia was permitted to develop the land into a subdivision. Section 3. Definitions. – For the purpose of this Act, unless the context indicates otherwise:
● WON the CARL covers the undeveloped portions of the Natalia Realty.
● No! Those aren't agricultural lands. They ceased to be agricultural upon approval of (a) Agrarian Reform means the redistribution of lands, regardless of crops or fruits produced to
their inclusion in the townsite reservation. 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
Section 2. Declaration of Principles and Policies.
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.
Primary object
● To break up agricultural lands and transform them into economic size farms to be owned by (b) Agriculture, Agricultural Enterprise or Agricultural Activity means the cultivation of the
the farmers, thus uplifting their socio-economic status. 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 persons whether natural or juridical.
(c) Agricultural Land refers to land devoted to agricultural activity as defined in this Act and not
classified as mineral, forest, residential, commercial or industrial land.
(d) Agrarian Dispute refers to 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.
(e) Idle or Abandoned Land refers to 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 of acquisition by the government as provided
under this Act, but does not include land that has become permanently or regularly devoted to
non-agricultural purposes. It 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 purposes.
(f) Farmer refers to a 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.
(g) Farmworker is a natural person who renders services 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
substantially equivalent and regular farm employment.
(h) Regular Farmworker is a natural person who is employed on a permanent basis by an
agricultural enterprise or farm.
(i) Seasonal Farmworker is a 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.
(j) Other Farmworker is a farmworker who does not fall under paragraphs (g), (h) and (i).
(k) Cooperatives shall refer to organizations composed primarily of small agricultural producers,
farmers, farmworkers, or other agrarian reform beneficiaries who voluntarily organize 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.
Raising of Livestock, Poultry or Fish Not Embraced in the Term “Agriculture”
● Lands devoted to raising of livestock, poultry, and swine are classified as industrial, hence
exempt from the agrarian reform program.
● The do not sprout from land, hence, they are not “fruits of the land” - SC
Section 4. Scope.
● CARL shall cover, regardless of tenurial arrangement and commodity produced, all public
and private agricultural lands.
● This includes other lands sof public domain suitable for agriculture provided that
landholdings of landowners with a total area of 5 hectares and below shall not be covered for
acquisition and distribution to qualified beneficiaries.
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 into account ecological, developmental and
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.
Comprehensive inventory system
● Instituted by DAR
Lands covered:
1. All public and private agricultural lands
2. Other lans of the public domain suitable for agriculture
Note: SC considered a farmlod subdivision as falling within the concept of agricultural land.
Land not covered:
1. Private lands:
a. With a total area of 5 hectares below
b. Actually, directly and exclusively used for prawn farms and fishponds.
2. 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.
3. Lands actually, directly, and exclusively used and found to be necessary for:
a. national defense,
b. school sites and campuses,
c. experimental farm stations operated by public or private schools for educational purposes,
d. seeds and seedlings research and pilot production centers,
e. church sites and convents appurtenant thereto,
f. mosque sites and Islamic centers appurtenant thereto,
g. communal burial grounds and cemeteries,
h. penal colonies and penal farms actually worked by the inmates,
i. government and private research and quarantine centers
4. All lands with eighteen percent (18%) slope and over, except those already developed, shall
be exempt from the coverage of this Act.
5. Homestead patents
6. Ancestral lands
7. Lands for raising livestock, poultry and swine.
Section 5. Schedule of Implementation. – The distribution of all lands covered by this Act
shall be implemented immediately and completed within ten (10) years from the effectivity
thereof.
Purpose
● Institute reforms for strengthening and accelerating agrarian reform program implementation.
● Even if land acquisition and distribution activities are completed, agrarian program
implementation will continue, as yearly appropriations shall be allocated to support services,
agrarian justice delivery, and operational requirements of government agencies mandated to
implement the program.
Section 6. Retention Limits.
Retention Right of the Landowner
● The right to retain not more than 5 hectares of his landholdings.
● The land owner should apply for retention. Otherwise, the DAR will not have the authority to
decree a retention.
● Landowners cannot exercise such rights more than once.
● Retained areas need not be personally cultivated -- cultivation can be done indirectly through
labor administration.
The right of retention of a deceased landowner
● May be exercised by his heirs, upon proving that the decedent landowner had manifested -
during his lifetime and before August 23, 1990 his intention to exercise his right of retention.
Constitutional Basis for Landowner Retention Rights
● ARTICLE XIII - “...subject to such priorities and reasonable retention limits as the Congress
may prescribe”
Rationale for the Grant of Retention Rights Under Agrarian Reform Laws
● Constitutionally guaranteed which is subject to qualification by the legislature.
● To mitigate the effects of compulsory land acquisition by balancing the rights of the
landowner and the tenant and by implementing the doctrine that social justice was not meant
to perpetuate an injustice against the landowner.
Retained area
● A land which is not supposed to anymore leave the landowner’s dominion.
Landowne’s choice must prevail
● As long as the area to be retained is compact or contiguous and does not exceed the
retention ceiling of 5 hectares.
When to Exercise Retention Rights
● Anytime before receipt of the notice of coverage.
● Upon receipt of the notice of coverage in case of compulsory acquisition, the
landowner shall exercise his right of retention by signifying his intent to retain within 60 days
from receipt of said notice.
● Voluntary offer to sell or land transfer/direct payment - the landowner shall exercise such
right simultaneously at the time of offer for sale or transfer.
Right to Choose Retention Area
● Landowners have the right to choose.
Can a landowner who has already exercised his retention rights under PD 27 be entitled to
the retention right under RA 6657, as amended?
- No. However, if the landowner chooses to etain five hectares under the CARL, the seven
hectares previously retained by him under the TEL shall be immediately placed under the
coverage of the CARL.
Can spouses retain five hectares each under the ARL?
- Depends
- Yes - if the property regime is separation of property.
- No - if the property regime is conjugal or absolute community.
Waiver of Retention Right
The landowner raised his right to retention when:
1. Failure to:
 a. Manifest an intention to exercise his right to retain;
Landowner Tenant
1. Within 60 calendar days from receipt of notice of coverage
2. Upon filing an application for voluntary land transfer/direct payment scheme ● Owner, lessee, usufructuary, or legal ● Not just of any settler on land.
or voluntary offer to sell. possessor of the land.
b. State such intention upon offer to sell or application under the VLF or DPS
Note: Existence of a tenancy relationship cannot be presumed and a claim of tenancy does not
2. Execution of: automatically give rise to a person’s security of tenure.
a. Any document stating he expressly waives his right to retain;
b. Landowner Tenant Production Agreement and Farmer’s Undertaking or Application Requisites:
to Purchase and Farmer’s Undertaking 1. The parties are the landowner and the tenant;
c. Any document indicating that he is consenting to the CARP coverage of his 2. The subject matter is agricultural land;
landholding. 3. There is consent between the parties;
4. The purpose is agricultural production;
3. Performance of any act constituting estoppel by laches - presumption that he 5. There is personal cultivation by the tenant; and,
abandoned his right or declined to assert it. 6. There is sharing of the harvests between the parties.

Effects of Sale of Agricultural Land on Landowner’s Retention Right Note:

● If the landowner sold portions of his agricultural land with an area of more than 5 hectares,
the sale of 5 hectares is valid. But he can no longer be able to lawfully claim said land as his
retained area.
● Reason: the landowner has already chosen, and in fact has already disposed of, and has
been duly compensated for, the area he is entitled under the law.
Cultivation comes in different forms and various phases. It is not confined to actual tilling of land.
Agricultural lessees are not required to be physically present in the land all the time and are not
prohibited from availing the help of other farm laborers.
The absence of one requisite is fatal and does not make the alleged tenant e de facto one.

Validity of Sale of Agricultural Land before the Effectivity of CARL Certifications Declaring Existence of Tenancy Relation
● Valid only when registered with the proper Register of Deeds within three months from date. ● Merely provisional
● Registration - operative act that conveys title in registered land subject of the land reform ● Not vested with the power to determine the existence of tenancy
program. ● Persuasive but not binding on the courts, which must make their own findings.

Criminal violation Agricultural lessee entitled to:

Prohibited acts:
1. Owning or possessing agricultural lands in excess of five (5) hectares;
2. Responsible government officers from unjustifiably, willfully, and maliciously depriving a
landowner of his retention rights.
Suppose the retention area chosen by the landowner is tenanted, what happens to the
tenant?
- The tenant may choose on whether to remain therein or be a beneficiary in the same or
another agricultural land with similar or comparable features.
1. Peaceful possession and enjoyment of the land
2. Manage and work on the land in a manner of cultivation and harvest
3. Mechanize all or any phase of his farm work
4. Deal with millers and processorts and attend to the issuance of quadans and warehouse
receipt for the produce due him
5. Be afforded a homelot
6. Be indemnified for the cost expenses incurred in the cultivation, planting or harvesting and
other expenses incidental.
7. By the agricultural land holding under reasonable terms and conditions
8. Redeem the landholding at a reasonable price and consideration.

Consent of Tenancy Relationship Obligations of agricultural lessee:

● A juridical tie which arises between a landowner and a tenant once they agree, expressly or
impliedly, to undertake jointly the cultivation of a land belonging to the landowner, as a result
of which relationship the tenant acquires the right to continue working on and cultivating the
land.
1. Cultivate and take care of the farm as a good father of a family and perform all works in
accordance with farm practices.
2. Inform the agricultural lessor within reasonable time of any trespass committed by third
persons upon the farm.
3. Take reasonable care of the work animals and farm implements delivered to him by lessor.
 4. Keep his farm and growing crops attended to during the work season.
5. Notify the agricultural lessor at least 3 days before the date of harvesting or, whenever
applicable of threshing;
6. Pay the lease rental to the agricultural lessor when it falls due.
Term of lease
● One established, the agricultural leasehold relation continues until extinguished.
Modes of extinguishment
1. Abandonment or voluntary surrender of land holding by lessee.
2. Absence of successor in the event of death or permanent incapacity of the lessee.
Note: If the lessee dies or is permanently disabled, the leasehold continues between the agricultural
lessor and the person who can cultivate the andhoding personally, lessor can choose from:
1. Surviving spouse
2. eldest direct descendant by consanguinity
3. Elder ascendant or descendant in the order of their age.
The succession is to be chosen by the lessor within 1 month from such death or incapacity.
If the lessor fails to exercise his choice, the priority shall be in accordance with the order
mentioned.
Leasehold is not extinguished by mere expiration of term or period in a contract nor transfer of
ownership or legal possession of the landholding.
Effect of the Tenant Chooses to be a Beneficiary
● He loses his right to be a lessee of the land retained by the landowner.
Children of the Landowner Are Entitled to Three Hectares Each
(in case sumobra sa 5 hectares lupa mo, award mo nalang s ank mu)
1. At least 15 years old
2. Actually tilling the land or directly managing the farm.
Substantial evidence must be adduced in the administrative proceedings to establish claim of direct
management.
Note: His total area, plus the area to be awarded must not exceed the 5 hectare ownership ceiling.
Lands awarded to qualified children cannot be sold, transferred or conveyed for a period of
10 years, EXCEPT:
1. Through hereditary succession
2. To the government
3. Land bank of the ph
4. To other qualified beneficiaries
Note: Children or spouse may repurchase the land from the government of Land Bank within a
period of 2 years from the date of transfer.
Rights of Homesteaders Vis-a-vis Rights of Tenants
● The Constitution and CARL respect the superiority of the rights of the homesteaders over the
rights of tenants.
● The Homestead Act was enacted for the welfare and protection of the poor.
● The owners or their compulsory heirs of lands acquired through homestead grants or Free
patents under CA 141 are entitled to retain the entire area even if it exceeds five hectares.
Conditions:
1. They are owners of the original homestead at the time of the approval of
CARL;
2. They continue to cultivate the same.
Section 6-A. Exception to Retention Limits.
Provincial, cty, and municipal government units acquiring agricultural lands sby
expropriation or other modes of acquisition to be used for actual, direct and exclusive
public purpose consistent with the approved local comprehensive land use plans, shall not
be subject to the 5 hectares retention limit.
Provided that lands subject to CARP shall first undergo the land acquisition and
distribution process of the program.
If the local gov’t expropriate a private agricultural land
Department of Agrarian Reform should subject to agrarian reform coverage
1. The land should first be acquired by the national government through DAR who will pay just
compensation to the landowner.
2. DAR will distribute the land to the agrarian beneficiaries.
3. After distribution, the local government unit will expropriate the land and pay the agrarian
reform beneficiaries the just compensation.
Section 6-B. Review of Limits of and Size.
CARL is an implied recognition that the uniform setting of a 5-hectare limit for all agricultural
landholding may not be feasible, considering the economic differences for each type of agricultural
product.
Section 7. Priorities. The Department of Agrarian Reform (DAR) in coordination with the
Presidential Agrarian Reform Council (PARC) shall plan and program the acquisition and
distribution of all agricultural lands through a period of ten (10) years from the effectivity of
this Act. Lands shall be acquired and distributed as follows:
Phase One: Rice and corn lands under Presidential Decree No. 27; all idle or abandoned scheme, including the determination of who are qualified beneficiaries: Provided, That an
lands; all private lands voluntarily offered by the owners for agrarian reform; all lands owner-tiller may be a beneficiary of the land he does not own but is actually cultivating to
foreclosed by government financial institutions; all lands acquired by the Presidential the extent of the difference between the area of the land he owns and the award ceiling of
Commission on Good Government (PCGG); and all other lands owned by the government three (3) hectares.
devoted to or suitable for agriculture, which shall be acquired and distributed immediately
upon the effectivity of this Act, with the implementation to be completed within a period of
Acquisition and Distribution Scheme
not more than four (4) years;
● Principle for the final acquisition and distribution of all remaining agricultural lands during the
5 year extension period up to June 30, 2014.
Phase Two: All alienable and disposable public agricultural lands; all arable public
agricultural lands under agro-forest, pasture and agricultural leases already cultivated and
1. Lands with and area of more than 50 hectares to be completed by June 30, 2021:
planted to crops in accordance with Section 6, Article XIII of the Constitution; all public
a. Those which have already been subjected to Notice of Coverage on or before
agricultural lands which are to be opened for new development and resettlement; and all
December 10, 2008.
private agricultural lands in excess of fifty (50) hectares, insofar as the excess hectarage is
b. Rice and corn lands
concerned, to implement principally the rights of farmers and regular farmworkers, who are
c. Idle or abandoned lands
the landless, to own directly or collectively the lands they till, which shall be distributed
d. Private land voluntarily offered by the owner of agrarian reform
immediately upon the effectivity of this Act, with the implementation to be completed within
e. Lands foreclosed by the government financial institutions
a period of not more than four (4) years.
f. Lands acquired by the Presidential Commission on Good Government
g. Other lands owned by the government devoted to or suitable for agriculture
Phase Three: All other private agricultural lands commencing with large landholdings and
proceeding to medium and small landholdings under the following schedule:
2. Lands with and are of 24-50 hectares, to be completed by June 12, 2012.
a. Alienable and disposable public agri lands.
(a) Landholdings above twenty-four (24) hectares up to fifty (50) hectares, to begin on the
b. Arable public agri lands under agro-forest, pasture and agricultural leases already
fourth (4th) year from the effectivity of this Act and to be completed within three (3) years;
cultivated and planted to crops.
and
c. Public agri lands which are to be opened for new development and resettlement
d. Private agri lands which have already been subject to notice of Coverage on or
(b) Landholdings from the retention limit up to twenty-four (24) hectares, to begin on the
before December 10, 2008.
sixth (6th) year from the effectivity of this Act and to be completed within four (4) years; to
implement principally the right of farmers and regular farmworkers who are landless, to
3. Remaining private agricultural lands of 24-50 hectares, whether they have been subject to notices
own directly or collectively the lands they till.
of coverage or not, completed by June 30, 2013.
The schedule of acquisition and redistribution of all agricultural lands covered by this
.4. Lands with an area of more than 10-24 hectares, to be completed by June 30, 2013.
program shall be made in accordance with the above order of priority, which shall be
provided in the implementing rules to be prepared by the Presidential Agrarian Reform
5. Lands from the retention limit up to 10 hectares, to be completed by june 30, 2014.
Council (PARC), taking into consideration the following: the need to distribute land to the
tillers at the earliest practicable time; the need to enhance agricultural productivity; and the
Who are qualified beneficiaries:
availability of funds and resources to implement and support the program.
● Farmers (tenants or lessees) and regular farm workers actually tilling, as certified under oath
by the Barangay Agrarian Reform Council and attested under oath by the landowners.
In any case, the PARC, upon recommendation by the Provincial Agrarian Reform
Coordinating Committee (PARCCOM), may declare certain provinces or regions as priority
Duty of qualified beneficiaries:
land reform areas, in which case the acquisition and distribution of private agricultural
● State under oath before the judge of the city or municipal court that he is willing to work on
lands therein may be implemented ahead of the above schedules.
the land and assume the obligation of paying amortization and land taxes.
In effecting the transfer within these guidelines, priority must be given to lands that are
Government-owned Lands
tenanted.
● Those refer to those devoted or suitable for agriculture and owned by departments, bureaus,
offices, and instrumentalists of the Government.
The PARC shall establish guidelines to implement the above priorities and distribution
Include:
the first paragraph hereof.
1. Foreclosed by government financial institutions
2. Acquired by the Presidential Commission on Good Government
(c) In no case will such leases and other agreements now being implemented extend beyond
3. Other land owned by the Government devoted to or suitable for agriculture.
August 29, 1992, when all lands subject hereof shall have been distributed completely to qualified
beneficiaries or awardees.
Government-owned agricultural lands are covered by CARP if these are no longer:
1. Directly and immediately occupied, utilized, and applied for their designated purposes.
Such agreements can continue thereafter only under a new contract between the government or
2. Indispensable for attaining the mandate of the concerned departments, bureaus, offices and
qualified beneficiaries or awardees, on the one hand, and said enterprises, on the other.
instrumentalities of the government.
Lands leased, held or possessed by multinational corporations, owned by private
Note: Agricultural lands foreclosed by financial institutions, Government Service Insurance System,
individuals and private non-governmental corporations, associations, institutions and
are subject to agrarian reform and not exempt.
entities, citizens of the Philippines, shall be subject to immediate compulsory acquisition
and distribution upon the expiration of the applicable lease, management, grower or
Idle or abandoned land
service contract in effect as of August 29, 1987, or otherwise, upon its valid termination,
● any agricultural land not cultivated, tilled or developed to produce any crop nor devoted to
whichever comes sooner, but not later than after ten (10) years following the effectivity of
any specific economic purpose continuously for a period of three (3) years immediately prior
this Act. However during the said period of effectivity, the government shall take steps to
to the receipt of notice of acquisition by the government as provided under this Act, but does
acquire these lands for immediate distribution thereafter.
not include land that has become permanently or regularly devoted to non-agricultural
purposes. It does not include land which has become unproductive by reason of force
In general, lands shall be distributed directly to the individual worker-beneficiaries. In case
majeure or any other fortuitous event, provided that prior to such event, such land was
it is not economically feasible and sound to divide the land, then they shall form a workers’
previously used for agricultural or other economic purposes.
cooperative or association which will deal with the corporation or business association or
any other proper party for the purpose of entering into a lease or growers agreement and
for all other legitimate purposes. Until a new agreement is entered into by and between the
Section 8. Multinational Corporations. All lands of the public domain leased, held or workers’ cooperative or association and the corporation or business association or any
possessed by multinational corporations or associations, and other lands owned by the other proper party, any agreement existing at the time this Act takes effect between the
government or by government-owned or controlled corporations, associations, institutions, former and the previous landowner shall be respected by both the workers’ cooperative or
or entities, devoted to existing and operational agri-business or agro-industrial enterprises, association and the corporation, business, association or such other proper party. In no
operated by multinational corporations and associations, shall be programmed for case shall the implementation or application of this Act justify or result in the reduction of
acquisition and distribution immediately upon the effectivity of this Act, with the status or diminution of any benefits received or enjoyed by the worker-beneficiaries, or in
implementation to be completed within three (3) years. which they may have a vested right, at the time this Act becomes effective.

Lands covered by the paragraph immediately preceding, under lease, management, grower The provisions of Section 32 of this Act, with regard to production and income-sharing
or service contracts, and the like, shall be disposed of as follows: shall apply to farms operated by multinational corporations.

(a) Lease, management, grower or service contracts covering such lands covering an aggregate During the transition period, the new owners shall be assisted in their efforts to learn
area in excess of 1,000 hectares, leased or held by foreign individuals in excess of 500 hectares modern technology in production. Enterprises which show a willingness and commitment
are deemed amended to conform with the limits set forth in Section 3 of Article XII of the and good-faith efforts to impart voluntarily such advanced technology will be given
Constitution. preferential treatment where feasible.

(b) Contracts covering areas not in excess of 1,000 hectares in the case of such corporations and In no case shall a foreign corporation, association, entity or individual enjoy any rights or
associations, and 500 hectares, in the case of such individuals, shall be allowed to continue under privileges better than those enjoyed by a domestic corporation, association, entity or
their original terms and conditions but not beyond August 29, 1992, or their valid termination, individual.
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 land has
Agricultural Land Possess by Multinational Corporations
been transferred to beneficiaries or awardees thereof, which transfer shall be immediately
● Subject to compulsory acquisition and distribution.
commenced and implemented, and completed within the period of three (3) years mentioned in
● The land shall be distributed directly to the individual worker -beneficiaries.
 ● If this is not economically feasible and sound to deivid, the individual
worker-beneficiaries shall form a workers cooperative or association which will deal with the
corporation by way of lease or growers agreement and others.
SECTION 9. Ancestral Lands. – For purposes of this Act, ancestral lands of each
indigenous cultural community shall include, but not be limited to, lands in the actual,
continuous and open possession and occupation of the community and its members:
Provided, That the Torrens System shall be respected.
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.
Ancestral land
● Lands of public domain that have been in open, continuous, exclusive and notorious
occupation and cultivation by members of the NCC by themselves or through their ancestors,
under a claim of acquisition of ownership according to their customs and traditions for a
period of at least 30 years before PD 410.
● Lands possessed, occupied and utilized by individuals, families and clans who are members
of the cultural communities or indigenous peoples since time immemorial under claims of
ownership, continuously to the present unless when interrupted by war, fortuitous event or
displacement by force, deceit, stealth or government dealins.
Ancestral Lands Excluded
● Ancestral lands are exempted from the coverage of the agrarian reform program.
● CARL recognizes the systems of land ownership, land use, and modes of settling land
disputes of all indegenous cultural communities and people,
● Principle of self-determination and autonomy.
SECTION 10. Exemptions and Exclusions. – 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 this Act.
Exemptions:
1. national defense,
2. school sites and campuses,
3. experimental farm stations operated by public or private schools for educational purposes,
4. seeds and seedlings research and pilot production centers,
5. church sites and convents appurtenant thereto,
6. mosque sites and Islamic centers appurtenant thereto,
7. communal burial grounds and cemeteries,
8. penal colonies and penal farms actually worked by the inmates,
9. government and private research and quarantine centers
Land Classification in the tax Declaration Not Conclusive
● Tax declarations are not the sole basis of land classification.
● Reffutable
Republic v. CA
- FACTS: Green City Estate and Dev. Corp. is the owner of a 112 hectare land in Jala-Jala
rizal. The DAR subjected the land to compulsory acquisition under the agrarian reform law.
Green City Estate applied for exemption on the ground that the land is non-agricultural and
within residential and forest conservation zones of the tone plan.
- ISSUE: WON the DAR was correct in denying the application for exemption
- HELD: No!! Its decision was based on a tax declaration classifying the land as agricultural.
No law or jurisprudence holding that the land classification embodies in the tax declaration is
conclusive and final.
Lands Classified as Non-Agricultural Prior to the Effectivity of CARL of 1988.
● To be exempt from the CARP, a valid reclassification of the land from agricultural to
non-agricultural by a duly authorized government agency before June 15, 1988.
● Duly issued zoning ordinance by the local government and approved by HLURD may also be
a conclusive proof. (for residential)
Lands with at least 18% Slope
● Must be undeveloped.
● Reason for exempting: prevent adverse effects on the lowlands and streams resulting from
soil erosion.
● Considered permanent forests or forest reserves, regardless of vegetative cover, occupancy,
or use of any kind. Not alienable or disposable.
● If previously classified as alienable or disposable but not yet titled - reverted back to
the category of public forest.
● If covered by an approved public land application or occupied openly, continuously,
and publicly for a period of not less than 30 years from Forestry Reform Code - shall
remain alienable on a condition that it is kept in vegetative state to prevent erosion.
School Site and Campuses
● Lands actually, directly, and exclusively used and found necessary for school sites and
campuses are exempt from the coverage of agrarian reform.
● DAR has no right to substitute its judgement or discretion that of the school.

Central Mindanao University v. Department of Agrarian Reform Adjudication Board

Tinatamad na ako magtype basahin nyo nalang page 50.

SECTION 11. Commercial Farming. – Commercial farms, which are private agricultural
lands devoted to commercial livestock, poultry and swine raising, and aquaculture
including saltbeds, fishponds and prawn ponds, fruit farms, orchards, vegetable and
cut-flower farms, and cacao, coffee and rubber plantations, shall be subject to immediate
compulsory acquisition and distribution after (10) years from the effectivity of this Act. In
the case of new farms, the ten-year period shall begin from the first year of commercial
production and operation, as determined by the DAR. During the ten-year period, the
government shall initiate the steps necessary to acquire these lands, upon payment of just
compensation for the land and the improvements thereon, preferably in favor of organized
cooperatives or associations, which shall thereafter manage the said lands for the
worker-beneficiaries.

If the DAR determines that the purposes for which this deferment is granted no longer
exist, such areas shall automatically be subject to redistribution.

The provisions of Section 32 of this Act, with regard to production- and income-sharing,
shall apply to commercial farms.
Tinatamad na din ako. Page 51-56