AND REDISTRIBUTION

In order to hasten the implementation of the program, the Department of Agrarian Reform has made compulsory acquisition the priority mode of land acquisition.

For the purpose of acquisition of private lands, the following procedures shall be followed.

1.Valuation of the Land The Municipal Agrarian Reform Officer (MARO) is required to keep an updated masterlist of all agricultural lands under the CARP in his area of responsibility containing all the required information including the name of the landowner, landholding, area, TCT/OCT number and tax declaration number.

2. Notice from DAR to landowner of offer to acquire land

After having identified the land the landowners and the beneficiaries, the DAR shall send its notice to acquire the land to the owners thereof, by personal delivery or registered mail, and post the same in a conspicuous place in the municipal building and barangay hall of the place where the property is located.

3. Acceptance or rejection by landowner of offer

Within 30 days from the date of receipt of written notice by personal delivery or registered mail, the landowner, his administrator or represenatative shall inform the DAR of his acceptance or rejection of the offer.

4.Payment in case of acceptance

If the landowner accepts the offer of the DAR, the LBP shall pay the landowner the purchase price of the land within 30 days after he executes and delivers a deed of transfer in favor of the Government and surrenders the Certificate of Title and other monuments of title.

of compensation in case of rejection

6. Taking of possession and redistribution

5. Determination

7. Appeal to court

Qualified Beneficiaries

1. The lands covered by the CARP, shall be distributed as much as possible to landless residents of the same barangay, or in the absence thereof, landless residents of the same municipality in the following order of priority: a. Agricultural lessees and share tenants b. Regular farmworkers c. Seasonal farmworkers d. Other farmworkers e. Actual tillers or occupants of public lands f. Collectives or cooperatives of the above beneficiaries; and g. Others directly working on the land;

2.

The children of landowners who are qualified shall be given preference in the distribution of the land of their parents;

3. Actual tenant killers in the landholding shall not be ejected or removed therefrom. 4. Beneficiaries under Presidential Decree No. 27 who have culpably sold, disposed of, or abandoned their lands are disqualified to become beneficiaries under the Program.

5. A basic qualification of a beneficiary shall be his willingness, aptitude, and ability to cultivate and make the land as productive as possible. 6. If due to the landowners retention rights or to the number of tenants, lessees, or workers on the land, there is not enough land to accomodate any or some of them, they may be granted ownership of other lands available for distribution under the Act, at the option of the beneficiaries
7. Farmers already in place and those not accommodated in the distribution of privately-owned lands will be given preferential rights in the distribution of lands from the public domain. 8. No qualified beneficiary may own more than three hectares of agricultural land.

Titling and distribution of lots in DAR settlement land estates.

1.

Legal Bases- section 2 R.A No. 6657 provides that the State shall apply the principle of agrarian reform or stewardship, whenever applicable in accordance with the law in the disposition or utilization of other natural resources, including lands of the public domain.

2. Policies 3. Qualifications of a Beneficiary

4. Definition of Terms a. Landed estates b.Order of Award (OA) c. Certificate of Land Transfer d.Absentee OA/CLT Holder e. Rental f. Accrued Interest g. Certificate of Land Ownership Award (CLOA) h.Landless person

Determination of just compensation

1. In determining just compensation, the following shall be considered: a. The cost of acquisition of the land b. the current value of like properties c. Its nature d. actual use and income e. The sworn valuation by the owner; f. The tax declarations; and g. The assessment made by government assessors 2. The social and economic benefits contributed by the farmers and the farmworkers and by the Government to the property as well as the nonpayment of taxes or loans secured from any government financing institutions on the said land shall be considered as additional factors to determine its valuation.

3. The LBP shall compensate the landowner in such amount as may be agreed upon by the landowner and the DAR and LBP or as may be finally determined by the court as the just compensation for the land.

Implementing and coordinating mechanisms

1. The Department of Agrarian Reform (DAR) which is the lead agency in the CARP implementation is vested with quasi-judicial powers to determine and adjudicate agrarian reform matters. 2. The Presidential Agrarian Reform Council ( PARC) which is the highest-policy-making and coordinating body on all matters concerning agrarian reform charged with the task of coordinating the implementation of the program and insuring the timely and effective delivery of the necessary support services.

3. The Provincial Agrarian Reform

Coordinating Committee (PARCCOM)

which is chraged with the province-byprovince implementation of the CARP; and
4. The Barangay Agrarian Reform Council (BARC) which is charged with the task of acting on matters related to agrarian reform to the barangay level.

The Presidential Agrarian Reform Council

1.

Composition- The PARC is composed of the President as

Chairman , the Secretary of Agrarian Reform as Vice Chairman and the following as members: Secretaries of the Department of Agriculture; and Environment and Natural Resources; Budget and Management; Interior and Local Goverment; Public Works and Highways; Trade and Industry; Finance and Labor and Employment; Director-General of the National Economic and Development Authority; President, Land Bank of the Philippines, Administrator, National Irrigation Administration; and three representatives of affected landowner to represent Luzon, Visayas, and Mindanao and six represenattaives of agrarian reform beneficiaries, two each from Luzon, Visayas and Mindanao; provided that one of them shall be from the cultural communities. The representatives mentioned are appointed by the President

2. Executive Committee- The PARC has an Executive Committee (EXCOM) composed of the Secretary of the DAR as Chairman, and such other members as the President may designate. Unless otherwise directed by the PARC, the EXCOM may meet and decide on any and all matters in between meetings of the PARC. Its decisions must be reported to the PARC immediately and not later than the next meeting.

3. Secretariat- The PARC has a secretariat to provide general

support and coordinative services such as inter-agency linkages monitoring for the PARC. The secretariat is headed by the Secretary Agrarian Reform who is assisted by an Undersecretary and supported by a staff whose composition is determined by the PARC Executive Committee. All officers and employees of the Secretariat are appointed by the Secretary of Agrarian Reform.

4. Functions- The PARC headed by the President is deemed to be the appropritae body to ensure the proper coordination and implementation of the CARP. Its function is to formulate and/or implement the policies, rules and regulation necessary to implement each component of the CARP. It may authorize any of its members to formulate rules and regulations concerning aspects of agrarian reform falling within their area of responsibility.

The Provincial Agrarian Reform Coordinating Committee

1. Composition- The PARCCOM is composed of a Chairman, who is
appointed by the President upon the recommendation of the EXCOM; the Provincial Agrarian Reform Officer as Executive Officer; one representative each from the Department of Agriculture, Department of Environment and Natural Resources, and the LBP; one representative each from existing farmers organizations (NGOs) in the province; two representatives from landowners at least one of whom shall be a producer representing the principal crop of the province; and two representatives from farmer and farm worker-beneficiaries at least one of whom shall be a farmer or farmworker representing the principal crop of the province, as members. In areas where there are cultural communities, the latter shall likewise have one representative duly certified as elected by the Office of the Northern Natural Communities (ONNC), Office of the Southern Cultural Communities (OSCC), or Office of Muslim Affairs (OMA), as they case may be. Thus it is composed of 13 members.

2. Functions- They are the following:

a. Coordinate and monitor the implementation of the CARP in the province. b. Provide information on the provisions of the CARP (and other applicable agrarian reform laws), guidelines issued by the PARC, and the progress of the CARP in the province); and c. Adjust from year to year the ten-year program of distribution of public and private lands in each province in accordance with the level of operations previously established by the PARC, in every case ensuring that support services are available or have been programmed before actual distributions effected.

The Barangay Agrarian Reform Committee 1. Composition

2. Functions
3. Mediation, etc. Of agrarian disputes

4. Legal assistance

Quasi- Judicial powers of the Department of Agrarian Reform

Right to Representation

Certification of BARC

_end_
_patzie and ghelai_