1st To 4th Session (Marj)
1st To 4th Session (Marj)
AGRARIAN LAW AND SOCIAL LEGISLATION minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or timber,
DEFINITION OF TERMS wildlife, flora and fauna, and other natural resources are
A. CONSTITUTIONAL PROVISIONS owned by the State. With the exception of agricultural
a. ON SOCIAL JUSTICE lands, all other natural resources shall not be alienated.
The exploration, development, and utilization of natural
Art. II Sec 9:The State shall promote a just and dynamic resources shall be under the full control and supervision
social order that will ensure the prosperity and of the State. The State may directly undertake such
independence of the nation and free the people from activities, or it may enter into co-production, joint
poverty through policies that provide adequate social venture, or production-sharing agreements with Filipino
services, promote full employment, a rising standard of citizens, or corporations or associations at least sixty per
living, and an improved quality of life for all centum of whose capital is owned by such citizens. Such
agreements may be for a period not exceeding twenty-
Art. II Sec 10: The State shall promote social justice in all five years, renewable for not more than twenty-five
phases of national development. years, and under such terms and conditions as may be
provided by law. In cases of water rights for irrigation,
Art XIII Sec 1:The Congress shall give highest priority to water supply fisheries, or industrial uses other than the
the enactment of measures that protect and enhance the development of water power, beneficial use may be the
right of all the people to human dignity, reduce social, measure and limit of the grant.
economic, and political inequalities, and remove cultural The State shall protect the nation's marine wealth in its
inequities by equitably diffusing wealth and political archipelagic waters, territorial sea, and exclusive
power for the common good. economic zone, and reserve its use and enjoyment
To this end, the State shall regulate the acquisition, exclusively to Filipino citizens.
ownership, use, and disposition of property and its The Congress may, by law, allow small-scale utilization of
increments. natural resources by Filipino citizens, as well as
cooperative fish farming, with priority to subsistence
Art XIII Sec 2:The promotion of social justice shall include fishermen and fish- workers in rivers, lakes, bays, and
the commitment to create economic opportunities based lagoons.
on freedom of initiative and self-reliance. The President may enter into agreements with foreign-
owned corporations involving either technical or financial
b. ON AGRARIAN REFORM assistance for large-scale exploration, development, and
utilization of minerals, petroleum, and other mineral oils
Art II Sec 21:The State shall promote comprehensive rural according to the general terms and conditions provided
development and agrarian reform by law, based on real contributions to the economic
growth and general welfare of the country. In such
Art XII Sec 1:nThe goals of the national economy are a agreements, the State shall promote the development
more equitable distribution of opportunities, income, and use of local scientific and technical resources.
and wealth; a sustained increase in the amount of goods The President shall notify the Congress of every contract
and services produced by the nation for the benefit of entered into in accordance with this provision, within
the people; and an expanding productivity as the key to thirty days from its execution.
raising the quality of life for all, especially the under-
privileged. Art XII Sec 3:nLands of the public domain are classified
The State shall promote industrialization and full into agricultural, forest or timber, mineral lands and
employment based on sound agricultural development national parks. Agricultural lands of the public domain
and agrarian reform, through industries that make full may be further classified by law according to the uses to
and efficient use of human and natural resources, and which they may be devoted. Alienable lands of the public
which are competitive in both domestic and foreign domain shall be limited to agricultural lands. Private
markets. However, the State shall protect Filipino corporations or associations may not hold such alienable
enterprises against unfair foreign competition and trade lands of the public domain except by lease, for a period
practices. not exceeding twenty-five years, renewable for not more
In the pursuit of these goals, all sectors of the economy than twenty-five years, and not to exceed one thousand
and all regions of the country shall be given optimum hectares in area. Citizens of the Philippines may lease not
opportunity to develop. Private enterprises, including more than five hundred hectares, or acquire not more
corporations, cooperatives, and similar collective than twelve hectares thereof, by purchase, homestead, or
organizations, shall be encouraged to broaden the base grant.
of their ownership.
Taking into account the requirements of conservation, program to promote industrialization, employment
ecology, and development, and subject to the creation, and privatization of public sector enterprises.
requirements of agrarian reform, the Congress shall Financial instruments used as payment for their lands
determine, by law, the size of lands of the public domain shall be honored as equity in enterprises of their choice
which may be acquired, developed, held, or leased and
the conditions therefor. Art XVIII Sec 22: At the earliest possible time, the
Government shall expropriate idle or abandoned
Art XIII Sec 4:The State shall, by law, undertake an agricultural lands as may be defined by law, for
agrarian reform program founded on the right of farmers distribution to the beneficiaries of the agrarian reform
and regular farmworkers who are landless, to own program.
directly or collectively the lands they till or, in the case of
other farmworkers, to receive a just share of the fruits B. GENERAL CONCEPTS OF AGRARIAN REFORM AND
thereof. To this end, the State shall encourage and SOCIAL LEGISLATIONS
undertake the just distribution of all agricultural lands,
subject to such priorities and reasonable retention limits UNGOS:
as the Congress may prescribe, taking into account
ecological, developmental, or equity considerations, and AGRARIAN
subject to the payment of just compensation. In - Derived from the Latin word ager, which means a
determining retention limits, the State shall respect the field.
right of small landowners. The State shall further provide - Lexically, it means relating to land or to the ownership
incentives for voluntary land-sharing. or division of land
Art XIII Sec 5: The State shall recognize the right of AGRARIAN LAW
farmers, farmworkers, and landowners, as well as - Basically refers to the distribution of public agricultural
cooperatives, and other independent farmers' lands, large estates, and regulation of the relationship
organizations to participate in the planning, organization, between the landowner and the farmer who works on
and management of the program, and shall provide the land.
support to agriculture through appropriate technology - It embraces all laws that govern and regulate the rights
and research, and adequate financial, production, and relationship over the agricultural lands between
marketing, and other support services. landowners, tenants, lessees or agricultural workers.
Art XIII Sec 6: The State shall apply the principles of SOCIAL LEGISLATION
agrarian reform or stewardship, whenever applicable in - So broad that it covers labor laws, agrarian laws, and
accordance with law, in the disposition or utilization of welfare laws.
other natural resources, including lands of the public - Laws or statutes enacted pursuant to the social justice
domain under lease or concession suitable to agriculture, clause of the Constitution.
subject to prior rights, homestead rights of small settlers,
and the rights of indigenous communities to their AGRARIAN REFORM
ancestral lands. - Redistribution of lands, regardless of crops or fruits
The State may resettle landless farmers and farmworkers produced to farmers and regular farmworkers who are
in its own agricultural estates which shall be distributed landless, irrespective of tenurial arrangement, to
to them in the manner provided by law. include the totality of tactors and support services
designed to lift the economic status of the
Art XIII Sec 7: The State shall protect the rights of beneficiaries and all other arrangements alternative to
subsistence fishermen, especially of local communities, to the physical redistribution of lands, such as production
the preferential use of the communal marine and fishing or profit-sharing, labor administration, and the
resources, both inland and offshore. It shall provide distribution of shares of stocks, which will allow
support to such fishermen through appropriate beneficiaries to receive a just share of the fruits of the
technology and research, adequate financial, production, lands they work.
and marketing assistance, and other services. The State - It is NOT confined to land distribution to landless
shall also protect, develop, and conserve such resources. farmers and regular farmworkers; other alternatives:
The protection shall extend to offshore fishing grounds of a. Labor administration
subsistence fishermen against foreign intrusion. b. Profit-sharing
Fishworkers shall receive a just share from their labor in c. Stock distribution
the utilization of marine and fishing resources. Reason: It is not feasible to confine it with just land
distribution as there is not enough agricultural lands
Art XIII Sec 8: The State shall provide incentives to that can be distributed.
landowners to invest the proceeds of the agrarian reform
SECOND SESSION: HISTORICAL BACKGROUND 5. MARTIAL LAW
- Tenant Emancipation Law- provided for the transfer of
PROGRESSIVE DEVELOPMENT OF SOCIAL LEGISLATION lands primarily devoted to rice and corn to the tenants.
Recaredo Barte, Law on Agrarian Reform, 2003 Edition - PD 946- reorganized the Court of Agrarian Relations
- PD 1038- promulgated to strengthen the security of
RA 3844 as amended by RA 6389 (Agrarian Land Reform tenure of tenants in non-rice or corn agricultural lands.
Code) - PD 251, 444, 1039 & 1817- amended the Code of
PD 27 (Emancipation of Tenants from the bondage of the Agrarian Reform
Soil
EO 228 (Declaring full land ownership to qualified 6. DURING CORY AQUINOS TERM
beneficiaries covered by PD 27) - EO 228 declaring full land ownership in favor of
EO 129-A (Modifying EO 129 Reorganizing and beneficiaries under PD 27
Strengthening DAR) - EO 229 providing the mechanics for its
Proclamation 131 (Instituting a Comprehensive Agrarian implementation
Reform Program) - PD 131 instituted a Comprehensive Agrarian Reform
RA 6657 (Comprehensive Agrarian Reform Program) Program
RA 7881 (Amending CARP - Comprehensive Agrarian Reform Law of 1988
RA 9700 (CARP Extension) enacted on June 10, 1988.
- RA 7881, 7905, 8532 & 9700 amended certain
History of Philippine Agrarian Reform (UNGOS) provisions of CARL
1. SPANISH ERA
- Relationship between landowners and tenants was
governed by the Civil Code particularly by the Special
Provisions for Rural Lease
2. AMERICAN REGIME
- Rice Share Tenancy Act- regulated the relationship
between landlords and tenants on rice lands.
- Sugar Tenancy Act- enacted to regulate the
relationship between landlords and tenants on lands
planted to sugar cane.
3. COMMONWEALTH PERIOD
- Commonwealth Act 53- recognized the testimony of
the tenant as prima facie evidence of the terms of a
tenancy contract that was not reduced in writing in a
language known to him.
- Commonwealth Act 271- enacted to amend Act No.
4113 by extending its application to sugar farm
workers.
- Commonwealth Act 461- enacted to provide security
of tenure to agricultural tenants. (later amended by
Commonwealth Act No. 34)
Doctrine on States exercise of police power and eminent Sec 3a- Definition of Agrarian Reform
domain Agrarian Reform- redistribution of lands, regardless of
crops or fruits produced, to farmers and regular farm
Police Power workers who are landless, irrespective of tenurial
- The power of promoting public welfare by restraining arrangement, to include the totality of factors and support
and regulating the use of liberty and property services designed to lift the economic status of the
- Eminent domain may be used as an implement to beneficiaries and all other arrangements alternative to the
attain the police objective [Association of Small physical redistribution of lands, such as production or
Landowners v. Secretary of Agrarian Reform, 175 SCRA profit-sharing, labor administration, and the distribution of
343]. shares of stock which will allow beneficiaries to receive a
just share of the fruits of the lands they work.
Scope/Characteristics: Police power is the most pervasive,
the least limitable, and the most demanding of the three Sec 4- Scope of the program
powers. The justification is found in the Latin maxims: salus Lands covered:
populi est suprema lex, and sic utere tuo ut alienum non a) All public and private agricultural lands; and
laedas b) Other lands of the public domain suitable for
agriculture.
Who may exercise the power. The power is inherently
vested in the Legislature. However, Congress may validly Sec 7- Priorities of coverage
delegate this power to the President, to administrative DEADLINE: June 30, 2014
bodies and to lawmaking bodies of local government units.
Local government units exercise the power under the Order of Priority:
general welfare clause a. LANDS W/ MORE THAN 50 HECTARES (June 30, 2012)
1. Those which have already been subjected to a
Limitations: Notice of Coverage on or before Dec 10, 2008.
a. Lawful Subject- the activity or property sought to be 2. Rice & corn lands;
regulated affects the general welfare 3. Idle or abandoned lands
b. Lawful Means- The means employed are reasonably 4. Private lands voluntarily offered by the owners
necessary for the accomplishment of the purpose, and for agrarian reforms;
not unduly oppressive on individuals 5. Lands foreclosed by government financial
institutions;
Power of Eminent Domain 6. Lands acquired by the PCGG
- Also known as the power of expropriation 7. All other lands owned by the government
- inherent right of the State to condemn private devoted to or suitable for agriculture.
property to public use upon payment of just b. 24 TO 50 HECTARES (June 30, 2012)
compensation 1. All alienable and disposable public agricultural
- Jurisdiction over a complaint for eminent domain is lands;
with the Regional Trial Court. 2. All alienable public agricultural lands under
agro-forest pasture and agricultural leases
Who may exercise the power Congress and, by delegation, already cultivated and planted to crops in
the President, administrative bodies, local government accordance with Sec 6, Art XIII of the
units, and even private enterprises performing public Constitution.
services. 3. All public agricultural lands which are to be
opened for new development and resettlement.
Requisites for exercise: 4. All private agricultural lands which have already
a. Necessity- genuine necessity and that necessity must been subjected to a Notice of Coverage issued
be of public character on or before Dec 10, 2008.
b. Private Property 5. All remaining private agricultural lands
c. Taking regardless as to whether they have been
d. Public Use subjected to notices of coverage.
e. Just compensation c. 10 TO 24 HECTARES (June 30, 2013)
f. Due process of law d. RETENTION LIMIT UP TO 10 HECTARES (June 30, 2013)
Sec 8- Multinational Corporations of justice for final determination of just
- Agricultural lands leased, held or possessed by compensation.
multinational corporations are also subject to 4. Taking of immediate possession of the land by the DAR:
compulsory acquisition and distribution. a. If the landowner receives the corresponding
- The land shall be distributed directly to the individual payment; or
worker-beneficiaries. b. If the landowner does not respond to the Notice
- If it is not economically feasible to divide the land, the of Acquisition.
individual worker-beneficiaries shall form a workers 5. Request by the DAR to the Register of Deeds to issue a TCT
cooperative or association which will deal with the to the Republic of the Philippines
corporation by way of lease or growers agreement 6. Distribution of the land to the qualified beneficiaries.
and other legitimate purposes.
Sec 19- Land Acquisition (Voluntary Offer to Sell)
Sec 9- Ancestral Lands
- Lands of public domain that have been in open, Incentives for Voluntary Offers for Sale
continuous, exclusive and notorious occupation and - Additional 5% cash payment (for landowners OTHER
cultivation by members of the National cultural THAN banks and other financial institutions)
communities by themselves or through their ancestors,
under a bona fide claim of acquisition of ownership Documentary requirements for voluntary offers for sale
according to their customs and traditions for a period a. Title or proof of ownership, if untitled;
of at least 30 years before the date of approval of PD b. Tax declaration; and
410. c. Approved survey plan.
- Lands occupied, possessed and utilized by individuals, - If landowner fails to submit the documentary
families and clans who are members of the indigenous requirements, the land will be subjected to compulsory
cultural communities or indigenous people since time acquisition.
immemorial by themselves or through their
predecessors-in-interest, under claims of individual or Constitutionality of CARP
traditional group ownership, continuously, to the - It is CONSTITUTIONAL because it is a VALID exercise of
present except when interrupted by war, force POLICE POWER of the State.
majeure, deceit, stealth or as a consequence of
government projects and other voluntary dealings Transferability of Awarded Lands (Sec 27)
entered into by the government and private Agrarian reform beneficiaries cannot, within a period of 10
individuals/corporations, including but not limited to years, sell or transfer ownership of the land awarded to them
residential lots, rice terraces or paddies, private except:
forests, swidden farms and tree lots 1. Through hereditary succession;
- EXEMPTED from Agrarian reform 2. To the Government;
3. To the Land Bank of the Philippines
Sec 16- Land Acquisition (Compulsory acquisition) 4. To other qualified beneficiaries.
Hereditary Succession
The Compulsory Acquisition Process - Succession by intestate succession or by will to the
1. Identification by the DAR of the land, landowner and compulsory heirs, it does not pertain to succession to
beneficiary; other persons.
2. Notice by the DAR to the landowner about the compulsory - Objective of prohibition: Policy of the Government to
acquisition and the price offer, thru the following means: develop generations of farmers to attain its avowed
a. Personal notice or by registered mail; and goal to have an adequate and sustained agricultural
b. Posting of the notice in a conspicuous place in the production with certitude.
barangay hall and municipal hall where the land is
located. Effect of Sale or Transfer to the Government or the Land Bank
3. Reply by the landowner about his acceptance or rejection - The children or spouse of the transferor can
to the offered price: repurchase the land within 2 years from date of
a. If the landowner accepts the offered price- the transfer.
Land Bank will pay the landowner within 30 days
from execution and delivery of Deed of Transfer; Can a beneficiary lease the land to the former landowner?
b. If the landowner rejects the offer- the DAR will - YES, what the law prohibits is transfer of ownership
determine the just compensation thru summary not transfer of possession.
administrative proceedings; - PROVIDED the lease is also for agricultural purposes.
c. If the landowner disagrees with the decision of the - If the lease is for non-agricultural purpose, the
DAR, he may bring the matter to the regular courts beneficiary must seek the approval of the DAR.
Can the beneficiary lease the land to the former landowner?
- YES, however, this is only done after obtaining
approval from the DAR through the PARC (Provincial
Agrarian Reform Coordinating Committee)
Corporate Farms
- Farms owned or operated by corporations or other
business associations.
Modes of Distribution:
1. Direct; or
2. Indirect
Collective Ownership
- Sanctioned by the Constitution, in recognition of the
fact that land reform may become successful even if it
is done through the medium of juridical entities
composed of farmers.
- Practically, an individual farmer will often face
ownership in a collective manner through a
cooperative or corporation. The former is too often left
to his own devices when faced with failing crops and
bad weather, or compelled to obtain usurious loans in
order to purchase costly fertilizers or farming
equipment (Hacienda Luisita, Inc. v. PARC)
FOURTH SESSION: RETENTION, EXEMPTION AND - Tenant must exercise this option within 1 year from
EXCLUSION the time the landowner manifests his choice of the
area for retention.
Land Covered by Land Acquisition - NOTE: TENANT and not just any settler of the land. The
relationship of landlord-tenant must exist. Mere
Sec 6 RA 6657- Retention Rights occupation or cultivation of an agricultural land will not
ipso facto make the tiller an agricultural tenant.
Retention Right of the Landowner - Person claiming to be an agricultural tenant must
- The landowner has the right to retain not more than 5 prove by substantial evidence the existence of
hectares of his landholdings. landlord-tenant relationship.
- Retained area need not be personally cultivated by the Said relationship can be determined by the following
landowner- the cultivation can be done indirectly elements:
through labor administration. (can be managed by the 1. The landowner has engaged a person to personally
landowner) cultivate an agricultural land; and
2. The landowner is compensated in terms of share
If the landowner has already exercised his retention rights in the produce (share tenancy), or in terms of a
under PD 27 (homestead), he can no longer exercise the price certain or ascertainable in produce or in
retention right under CARL. money or both (leasehold tenancy)
- However, if the landowner chooses to retain 5
hectares under CARL, the 7 hectares previously Effect if the tenant chooses to remain in the retained area
retained by him under PD 27 shall be immediately - He will no longer be considered as a tenant but an
placed under the coverage of CARL. agricultural lessee and he will no longer qualify as an
agrarian reform beneficiary.
Can spouses retain 5 hectares each under the agrarian reform - Rights of an Agricultural Lessee:
law? 1. Peaceful possession and enjoyment of the land;
a) CONJUGAL or ABSOLUTE COMMUNITY- only 5 hectares 2. Manage and work on the land in a manner and
for the both of them method of cultivation and harvest which conform
b) SEPARATION OF PROPERTY- 5 hectares each to proven farm practice;
3. Mechanize all or any phase of his farm work;
Who has the right to choose the retention area 4. Deal with the millers and processors and attend to
- LANDOWNER the issuance of quedans and warehouse receipts
- Chosen area must be (1) Compact or contiguous and for the produce due to him;
(2) does not exceed the retention ceiling of 5 hectares. 5. Be afforded a homelot;
- Landowner should exercise is right of retention within 6. Be indemnified for the cost and expenses incurred
60 days from receipt of the Notice of Coverage. in the cultivation, planting or harvesting and other
Otherwise, the Municipal Agrarian Reform Officer expenses incidental to the improvement of his
(MARO) will designate the retained area for the crop in case he surrenders or abandons his
landowner. If the landowner disagrees with the area landholding for just cause or ejected therefrom;
selected, he may file a protest with the MARO. 7. Buy the agricultural landholding under reasonable
terms and conditions in case the agricultural lessor
Can a landowner exercise his right to retention over the land decides to sell the same;
which has already been covered by an Emancipation Patent 8. Redeem the landholding at a reasonable price and
(EP) or Certificate of Land Ownership Award (CLOA)? consideration in case the agricultural lessor sold
- YES, the issuance of EP or CLOA to beneficiaries does the same to a third person without his knowledge;
not bar the landowner from retaining the area covered
thereby. Obligations of an Agricultural Lessee:
- If he has been deprived of his right to retention, he 1. To cultivate and take care if the farm, growing
may file a petition for cancellation of the EP or CLOA. crops, and other improvements on the
- Administrative Order No. 2 series of 1994: an EP or landholding as a good father of a family and
CLOA may be cancelled if the land covered is later perform all the work therein in accordance with
found to be part of the landowners retained area. proven farm practices;
2. Inform he agricultural lessor within a reasonable
Suppose the retention area chosen by the landowner is time of any trespass committed by third persons
tenanted, what happens to the tenant? upon the farm, without prejudice to his direct
- The tenant may choose on whether to remain therein action against the trespasser;
or to be a beneficiary in the same or another 3. Take reasonable care of the work animals and
agricultural land with similar or comparable features. farm implements delivered to him by the
agricultural lessor and see that they are not used
for purposes other than those intended or used by - Land awarded to qualified children of landowners
another without the knowledge and consent of cannot be sold, transferred or conveyed within a
the agricultural lessor; period of 10 years, EXCEPT:
4. Keep his farm and growing crops attended to a. Through hereditary succession;
during work season; b. To the government;
5. Notify the agricultural lessor at least 3 days before c. To the Land Bank of the Philippines; or
the date of harvesting or, whenever applicable, of d. To other qualified beneficiaries.
threshing; and
6. Pay the lease rental to the agricultural lessor when o The children or the spouse of the transferor
it falls due. can repurchase the land from the
Government or the Land Bank of the
Term of the Lease Philippines within a period of 2 years from the
- Once the agricultural leasehold is established, it date of transfer.
continues until such leasehold relation is extinguished o Rule is same with Sec 27
by:
1. Abandonment o voluntary surrender of the Right of Homesteaders vis-a-cis Right of Tenants
landholding by the lessee; or - See Sec 6 Art XIII of the Constitution
2. Absence of successor (i.e. surviving spouse, eldest - Both the Constitution and the Agrarian Reform Law
descendant by consanguinity, or nest eldest respect the superiority of the rights of homesteaders
descendant or descendants in the order of their over the rights of tenants.
age) in the event of death or permanent incapacity - Thus, owners (or their compulsory heirs) of lands
of the lessee. acquired through homestead grants or Free Patents
under CA 141 are entitled to retain the entire area
- The leasehold relationship is not extinguished by the (even if exceeds 5 hectares) PROVIDED that:
death or permanent disability or incapacity of the a. They were cultivating the same at the time of the
lessee, the lessor can choose from among the approval of the CARL (June 15, 1988)
following: b. They continue to cultivate the same.
a. The surviving spouse;
b. The eldest descendant by consanguinity; Sec 6-A Exception to Retention Limits
c. The next eldest descendant or descendants in - Expropriation of Private Agricultural Lands by Local
the order of their age. Government Units
- It is likewise not terminated or extinguished by the Sec 6-B Review of Limits of Land Size
mere expiration of the term or period of the lease - DAR shall submit a comprehensive study on the land
contract. size appropriate for each type of crop to Congress for a
- It is neither terminated by the transfer of ownership or possible review of limits of land sizes within 6 months
legal possession of the landholding. If the agricultural from effectivity of this Act.
lessor transfers the ownership or legal possession of
the landholding, the transferee becomes the Sec 10- Exemptions and Exclusions
agricultural lessor. Lands NOT Covered:
- 1. Private lands with a total area of 5 hectares and below;
Effect if Tenant Chooses to be a Beneficiary 2. Lands actually, directly and exclusively used for parks,
- He loses his right to be a lessee of the land retained by wildlife, forest reserves, reforestation, fish sanctuaries
the landowner & breeding grounds, watersheds & mangroves.
3. Private lands actually, directly and exclusively used for
Children of the Landowner are Entitled to 3 Hectares Each prawn farms and fishponds;
- If the landowner owns more than 5 hectares, the 4. Lands actually, directly and exclusively used and found
excess area may be awarded to his children at 3 to be necessary for:
hectares for each child under the following conditions: a. National defense
1. The child is at least 15 years old; b. School sites and campuses
2. The child is actually tilling the land or directly c. Experimental far stations operated for
managing the farm. educational purposes;
- A qualified child who owns less than 5 hectares of d. Seeds and seedling research and pilot
agricultural land is still entitled to an award of his production center;
parents landholding provided that his total area, e. Church sites and convents appurtenant
including the area to be awarded, does not exceed the thereto;
5-hectare ownership ceiling. f. Communal burial grounds and cemeteries;
g. Penal colonies and penal farms actually FIFTH SESSION- DETERMINATION OF JUST COMPENSATION
worked on by the inmates;
h. Research and quarantine centers; & Just Compensation
i. All lands with 18% slope and over except - The full and fair equivalent of the property taken from
those already developed. its owner by the expropriator
- The measure is not the takers gain, bu the owners
- Land classification in the tax declaration is not loss
conclusive. - just- equivalent to be rendered for the property to
- Lands already classified as non-agricultural prior to the be taken shall be real, substantial, full and ample.
effectivity of the CARL are not covered. (residential, - Also embrace prompt payment
commercial or industrial)
- The Secretary of Agrarian Reform has the jurisdiction Factors used in valuation of lands
and authority to exempt or exclude a property from 1. Capitalized Net Income (CNI)
the coverage of the agrarian reform program. 2. Comparable Sales (CS)
3. Market Value (MV)
Sec 3(c) in relation to DOJ Opinion No. 44 series 1990
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.