1) Company is organized and co-owned by an investor & agrarian reform beneficiaries through their cooperative or

association – Joint venture arrangement

2) agrarian reform beneficiaries through their cooperatives or association enter into a contract of lease w/ the landowner or
investor - Lease arrangement
3) agrarian reform beneficiaries or cooperative produce certain crops for an investor or agribusiness firm which buys the
produce at prearranged terms - Contract growing arrangement
4) agrarian reform beneficiaries or cooperative or association hire the services of landowner or investor to manage and
operate the farm in exchange for fixed wages or commission. - Management contract
5) project proponent undertakes the financing and construction of a given infrastructure facility and operation and
maintenance thereof for an agreed period of time not exceeding 25 years subject to extension. - Build-Operate-Transfer
Scheme

14)

Just compensation;
the full and fair equivalent of the property taken from its owner by the expropriator. Measure is not takers gain,
but the owners loss. The equivalent of the property taken shall be real, substantial, full and ample.
Economic family size;
An area of farm land that permits efficient use of labor & capital resources of the farm family and will produce an
income sufficient to provide a modest standard of living to meet a farm family’s needs for food, clothing, shelter,
and education with possible allowance for payment of yearly installments on the land and reasonable reserves to
absorb yearly fluctuations in income.
Agrarian activity
means the cultivation of the soil, planting of crops, growing of fruit trees, 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.
Agrarian Law
all laws that govern and regulate rights and relationship between tenants, agricultural workers, lessees or
landowners, over agricultural lands
Agrarian reform;
Redistribution of lands, regardless of crops or fruits produced to farmers and regular farmworkers who are
landless, irrespective of tenurial arrangement, to lift the economic status of the beneficiaries and all
arrangements alternative to the physical redistribution of lands.
Conversion;
Act of changing the current use of a piece of agricultural land into some other use, for residential, commercial,
industrial, and other non-agricultural purposes. For another type of agricultural activity such as livestock, poultry,
and fishpond the effect of which is to exempt the land from CARP.
Social justice
means the promotion of the welfare of all the people. The adoption by the gov’t of measures calculated to insure
economic stability of all the competent elements of society, through the maintenance of a proper economic &
social equilibrium in the interrelations of the members of the community. Salus Pouli Suprema Lex
Social legislation
There is no precise definition, it is so broad that it covers labor laws, agrarian laws and welfare laws. The
emphasis is more on the aspect of general good and social welfare.
HarveyAGRA QUIZ 2
Sa MCQ, ito lang mga naalala ko:
Check mo definitions nitong mga to -
Joint Venture Agreement
Management Contract
Lease Agreement
Community(?) Growth Arrangement
Build-Operate Transfer Scheme

Check mo rin qualifications and disqualificaitons ng beneficiary, yung Order of Priority, yung Land Valuation Factors

Sa Modified T or F, check mo yung 2 notices rule, Just Compensation, tapos sakop ba si cultivation sa agrarian reform

Then sa definitions part, eto mga yun:

Definitions of the following:
Just compensation

Economic Family-Size

Agrarian Law
Agrarian Reform
Conversion
Di ko na maalala yung mga iba. Mga statement I is correct ganun ganun na kasi yun
1) S1: lands can be distributed even not directly to the individual worker-beneficiaries FALSE
S2: in case it is not economically feasible and sound to divide the land, then they shall form a worker’s
cooperative or association which will deal with the corporation or business association or any other property party
for the purpose of entering into a lease or growers agreement and for all other legitimate purposes. TRUE
2) S1: Tax declarations are not the sole basis of land classification TRUE
S2 tax declaration classifies land as agricultural, the tax declaration is not refutable FALSE
3) individual beneficiaries may receive: 3 hectares each or minimum of 1 hectare each if land is not sufficient to
accommodate them TRUE
4) S1: In determining just compensation, the cost of acquisition of the land, the value of the standing crop,
the current value of like properties, its nature, actual use and income, the sworn valuation by the owner, tax
declarations, assessment made by government assessors and 70% of the zonal valuation of the BIR, translated
into a basic formula by the LGU shall be considered, subject to the final decision of the proper court. FALSE
S2: the social and economic benefits contributed by the farmers and the farmworkers and by the gov’t to
the property as well as the nonpayment of taxes or loans secured from any gov’t financing institution on the said
land shall be considered as additional factors to determine its valuation. TRUE
5) S1: if landowner accepts the offer price, land bank will pay the land owner w/in 15 days from execution
and delivery of deed of transfer FALSE
S2: if landowner rejects offered price, DAR will determine just compensation thru summary proceedings.
TRUE (missing administrative)
6) lands which are not found necessary for school site and campus, including experimental farm stations for
educational purposes, and for establishing seed and seedling research and pilot production center are not
exempt in the coverage of CARP; TRUE the lands should actually, directly and exclusively used and found
necessary for school sites and campuses are exempt from the coverage pf agrarian reform. The school is in the
best position to determine whether the land is necessary for use as school site or campuses.
7) the LGUs shall carry out land consolidation projects to promote equal distribution of landholdings, to provide
the needed infrastructures in agriculture, and to conserve soil fertility and prevent erosion FALSE it is the DAR
under Sec. 39 of RA6657
8) DARAB/provincial agrarian reform adjudicators PARAD can conduct summary administrative proceeding for
preliminary determination of just compensation in order to determine whether land valuation computation of land
bank are in accordance w/ rules or administrative orders; TRUE it is provided by Sec. 1 Rule XIX, 2009 DARAB
Rules of Procedure
9) the comprehensive agrarian reform law includes the raising of livestock, poultry and swine in its coverage; and
FALSE bec they are exempt from the agrarian reform program because they are industrial land and not
agricultural.
10) landowner cannot insist in cash payment only. TRUE bec CARL provides that it shall be paid partly in cash
and remainder in terms of bonds, gov’t financial instruments, shares of stocks in GOCC, tax credits and Land
Bank bonds.

Qualified Beneficiaries Order of priority in distribution

1. Agricultural lessees & share tenants 2. Regular farm workers 3. Season Farm Workers 4. Other fam workers
5. Actual tillers/Occupants of public lands 6. Collectives/Cooperatives of above beneficiaries 7. Others directly
working on the land

Right of retention of the land owner

a. Not exceeding 5 hectares (PD 27 7hectares-old law) b. chosen area should be compact or contiguous
>exercise his right of retention within 60 days from receipt of Notice of Coverage. 2 Notice rule 1. Coverage 2.
Acquisition.
Children of the land owner = entitled to 3 hectares each.
a. He is at least 15years of age
b. He is actually tilling the land or directly managing the farm
qualification of commercial farm beneficiaries
 18 years old at time of filing of application as beneficiary
 Willingness, aptitude and ability to cultivate and make land productive
 Must have been employed in commercial farm between June 15, 1988 or upon expiration of deferment
  Farm workers who have worked the longest on the land continuously will be given priority
qualifications of an agrarian reform beneficiaryFarmer(whether tenant, lessee or worker)must be 3HECS
 Filipino citizen
 Resident of barangay or municipality where landholding is located
 At least 15 years old at time of identification, screening and selection
 Willing, able and equipped with aptitude to cultivate and make land productive
MANAGERIAL FARM WORKERS NOT QUALIFIED TO BECOME BENEFICIARIES
 farm workers holding managerial or supervisory positions as of June 15 1988 are not qualified to
become agrarian reform beneficiaries
 however, farm workers promoted to managerial or supervisory position after they were identified,
screened and selected will remain to be qualified beneficiaries.
WHO ARE DISQUALIFIED TO BECOME AGRARIAN REFORM BENEFICIARIES
 Those who do not meet the basic qualifications
 Those who have waived their right to become an agrarian reform beneficiary in exchange for
compensation, provided that waiver has not been questioned in proper government entity
 Those who have not paid an aggregate of 3 annual amortizations
 Those who have failed to exercise right of redemption/repurchase within 2 years resulting in foreclosure
of mortgage by Land Bank of the Philippines of a previously awarded land
 Those who refused to pay 3 annual amortizations for land acquired through voluntary land transfer or
direct payment scheme, resulting in repossession by landowner
 Those who have been dismissed for cause
 Those who have obtained substantially equivalent employment
 i.e., any employment or profession form which applicant farmer derives income equivalent to income of
a regular farm worker at time of identification, screening, and selection of beneficiary
 those who have retired or voluntarily resigned from employment
 those who have misused the land or diverted the financial support services extended by the government
 those who have misrepresented material facts in basic qualifications
 those who have sold, disposed, or abandoned the lands awarded to them by the government
 those who have converted agricultural lands to non agricultural use without prior approval from DAR
 those who have been finally adjudged guilty of forcible entry or unlawful detainer over the property
 those who have violated agrarian reform laws and regulations
Grounds for Cancellation of Certificate of Land Ownership Award (CLOA)
 (a) Abandonment of land
 (b) Neglect of misuse of land
 (c) Failure to pay 3 annual amortizations
 (d) Misuse or diversion of financial and support services
 (e) Sale, transfer or conveyance of the right to use the land; and
 (f) Illegal conversion of the land

GR: Sale or transfer of awarded lands prohibited. Agrarian reform beneficiaries cannot,
within a period of 10 years, sell or transfer ownership of land awarded to them. EXP:
(a) Through hereditary succession
(b) To the Government
(c) To the Land Bank of the Philippines; or
(d) To other qualified beneficiaries
GR: Corporate farms are to be distributed directly to the individual worker-beneficiaries.
EXP: If it is not economically feasible and sound to divide the land, then it shall be
distributed INDIRECTLY to the worker-beneficiaries through a workers’ cooperative or
association.
*RURAL WOMEN- They are those engaged directly or indirectly in farming or fishing as their
source of livelihood, whether paid or unpaid, regular or seasonal, or in food preparation,
managing the household, caring for the children, and other similar activities.
(a) Equal right to ownership of the land; (b) Equal shares of the farm’s produce; and
(c) Representation in advisory or appropriate decision-making body
General Rule: CARL covers the following lands:
a. All public and private agriculture lands; and
b. Other lands of the public domain suitable for agriculture
Lands NOT covered by CARL:
a. Private lands with a total land area of 5 hectares and below
b. Lands actually, directly, and exclusively used for parks, wildlife, forest, reserves,
reforestation, fish sanctuaries, and breeding grounds, watersheds, and mangroves
c. Private lands actually, directly and exclusive used for prawn farms and fishponds
d. Lands actually, directly, and exclusively used and found to be necessary for:
i. National defense;
ii. School sites and campuses;
iii. Experimental farm stations operated for educational purposes;
iv. Seeds and seedling research and pilot production center
v. Church sites and convents appurtenant thereto;
vi. Mosque sites and Islamic centers appurtenant thereto;
vii. Communal burial grounds and cemeteries
viii. Penal colonies and penal farms actually worked by the inmates
ix. Research and quarantine centers; and
x. All lands with 18% slope and over, except those already developed
COMPULSORY ACQUISITION OF AGRICULTURAL LANDS PROCESS
 Identification by DAR of land, landowner and beneficiary
 Notice by DAR to landowner about compulsory acquisition and price offer by
o personal notice or by registered mail and
o posting of notice in a conspicuous place in barangay hall and municipal hall where land is located
 Reply by landowner about his acceptance or refection of offered price
o if landowner accepts – Land Bank will pay the landowner within 30 days from execution and delivery of
Deed of Transfer
o if landowner rejects offer – DAR will determine just compensation thru summary proceedings
o if landowner disagrees with DAR decision – regular courts of justice for final determination of just
compensation
 Taking of immediate possession of land by DAR
o if landowner receives corresponding payment or
o landowner does not respond to notice of acquisition
 request by DAR to Register of Deeds to issue Transfer Certificate of Title to Republic of Philippines
 Distribution of land to qualified beneficiaries

TWO NOTICES TO THE LANDOWNER ARE REQUIRED FOR VALIDITY OF IMPLEMENTATION

 Notice of Coverage
o pursuant to DAR AO 12 1989
o in compliance with administrative due process
 Notice of Acquisition
o pursuant to Sec 16 of CARL
LAND ACQUISITION PROCEDURE SHOULD BE STRICTLY CONSTRUED
 Reason: Land acquisition under agrarian reform law is an extraordinary method of expropriation

WHEN TITLE OR OWNERSHIP OF THE LAND IS TRANSFERRED TO THE STATE

 Only upon full payment of just compensation
 Title and ownership remains with landowner until final determination of just compensation and fully payment
 Mere fact that DAR deposited offered price with Land Bank does not warrant cancellation of owner’s title
OPENING OF TRUST ACCOUNT DOES NOT CONSTITUTE PAYMENT - Law requires just compensation to be
paid in cash and Land Bank bonds, not trust accounts.