DEPARTMENT OF AGRARIAN REFORM

Tunay na Pagbabago sa Repormang Agraryo

2 Programs of DAR
1. OPERATION LAND TRANSFER
2.COMPREHENSIVE AGRARIAN REFORM
PROGRAM
(CARP)
PD 27 - Implements the Operational Land
Transfer
- tool effect on October 21, 19721
R.A. 6657 - COMPREHENSIVE AGRARIAN REFORM LAW
(CARL)
- the law that implements CARP
- took effect on JUNE 15, 1988
R.A. 9700 - amended R.A. 6657 (extending the
acquisition and distribution of all agricultural land for
a
period of 10 years)

- took effect on July 1, 2009

Why until now?

Section 30 – Any case and/or proceeding

involving the implementation of the provisions of
R.A. 6657, as amended, which may remain pending
on June 30, 2014 shall be allowed to proceed to its
finality and be executed even beyond such date.
Three (3) Major Components of
CARP 1. Land Acqusition and
Distribution (LAD)
2. Agrarian Justice Delivery
(AJD)
3. Provision of Support
Services (PSS)
Land Acqusition and
Distribution (LAD)

COVERAGE OF OLT - Private Tenanted Rice and Corn Land

AWARD CEILING TO FARMER BENEFICIARY

- 3 Hectares/Irrigated
- 5 hectares not Irrigated

LAND AMORTIZATION - payable within 15 years

QUALIFIED FARMER BENEFICIARY – TENANT

RETENTION AREA OF THE LAND OWNER

- 7 hectares
Land Acqusition and
Distribution (LAD)
COVERAGE OF CARP – all government and private agricultural
lands irrespective of tenurial arrangements
and commodity produce.

EXCLUDED FROM CARP COVERAGE

1. All undeveloped lands with 18% slope and above
2. All lands duly classified by the LGU as commercial, industrial or
residential as of June 15, 1988.
3. All ancestral lands
4. retention areas granted to land owners who exercise the right of
retention.
5. All agricultural landholding of the LO with aggregate size of 5 hectares
of less
Distribution (LAD)
EXEMPTED FROM CARP COVERAGE
All land that are actually, directly, and exclusively used, and found to be necessary, for the following
purposes;
1. Parks
2. Wildlife
3. Forestry Serves
4. Reforestation
5. Fish sanctuaries and breeding grounds
6. Watersheds
7. Mangroves
8. National Defense
9. School Sites and campuses including experimental farm stations operated by public or private
schools for educational purposes.
10. Seeds and seedling research and pilot production centers
11. Church Sites and Islamic centers appurtenant thereto
12. Communal burial grounds and cemeteries
13. Penal colonies and penal farms actually worked by the inmates
14. Government and private research and quarantine centers
15. Fish ponds and prawns and
16. Livestock, poultry and swine raising since June 15, 1988
MODE OF ACQUISITION
1. Voluntary Land Transfer (VLT)
– ended on June 30, 2014

2. Voluntary Offer to Sell – (VOS)

3. Compulsory Acquisition – (CA)
Land Acqusition and
Distribution (LAD)

RETENTION AREA
General Rule
- 5 hectares
- Exception
-When each spouse separately
owned but not to exceed
10 hectares
RETENTION AREA NOT APPLICATION TO LOCAL
GOVERNMENT UNITS (LGUs) – Provincial, city and
municipal government units acquiring private agricultural
lands by expropriation or other modes of acquisition to
be used for actual, direct and exclusive public purpose
consistent with the approved CLUP shall not be subject
to 5 hectares retention limit, provided, that lands subject
to CARP shall first undergo the land acquisition process
of the program; provided further, that when these lands
have been subjected to expropriation, the ARBs therein
shall be paid just compensation.
WHO ARE THE AGRARIAN REFORM BENEFICIARIES (ARBs)

1. Preferred Beneficiaries – qualified children of the

landowner qualifications:

a) Filipino citizen
b) 15 years old as of June 15, 1988
c) Directly managing or actually tilling the land at the time of
the conduct of the field investigation
2. Regular Beneficiaries Qualifications

a) A farmer-tiller who owns less than three (3) hectares of

agricultural land
b) A filipino citizen
c) A resident of the barangay ( or the municipality if there are
not enough qualified ARBs in the barangay)
d) At least 15 years of age at the time of the identification,
screening and selection process
e) Willing, able, and equipped with the aptitude to cultivate
and make the land productive
ORDER OF PRIORITY

1. Agricultural lessees and tenants

2. Regular farmworkers
3. Seasonal farmworkers
4. Other farmworkers
5. Actual tillers or occupants of public lands only in so far as untitled
private agricultural lands are concerned
6. Collectives or cooperatives of the above beneficiaries, and
7. Others directly working on the land

A basic qualification of a beneficiary shall be his willingness, aptitude

and ability to cultivate and make the land as productive as possible.
AWARD CEILING TO EACH QUALIFIED ARB

1. Maximum of 3 hectares
2. Least of 1,000 square meters

TRANSFERABILITY OF AWARDED LANDS

– Lands acquired by the ARBs under this Act may
not be sold, transferred or conveyed except through
hereditary succession, or to the government, or the
LBP, or to other qualified beneficiaries for a period of
10 years.
GROUNDS FOR DISQUALIFICATION:
1. Failure to meet the qualifications provided under section 22 of RA 6657, as
amended;

2. Voluntary Execution of waiver of rights to become an ARB in exchange for

due compensation, and such waiver has not been questioned in the proper
government entity as of the effectivity of this AO (DAR AO 7, Series of
2011);

3. Deliberate and absolute failure of the ARB to pay an aggregate three (3)
annual amortization to the LBP and subsequent failure to exercise the right
of redemption/repurchase within two (2) years, provided an amortization
table has been issued to the ARB, and provided further that the
amortization shall start one (1) year from the ARB’s actual occupancy
pursuant to Section 26 of RA 6657, as amended;
GROUNDS FOR DISQUALIFICATION:
4. Deliberate and absolute non-payment of three (3) consecutive amortization in
case of voluntary land transfer/direct payment scheme, provided that the ARB has
been installed and is in actual possession of the land, and provided further that
the last proviso will not apply if the non-possession of the ARB is attributable to his
or her own fault;

5. With respect to commercial farms, termination from the service for cause as of
the date of the effectivity of this AO, unless a complaint for illegal dismissal
regarding the said termination is pending, in which case the termination must first
be affirmed with finality by the proper entity of the government;

6. Voluntary resignation or voluntary retirement from the service, provided this

was not attended by coercion and /or deception, and there is no case questioning
said voluntary retirement or voluntary resignation by the applicant as of the
effectivity of this AO; (October 15, 2011)
GROUNDS FOR DISQUALIFICATION:
7. Misuse or diversion of financial and support services extended to ARBs
pursuant to Section 37 of RA 6657,as amended;

8. Negligence or misuse of the land or any support extended by the

government as provided in Section 22 of RA 6657, as amended;

9. Material misrepresentation of the ARB’s basic qualifications under Section

22 of RA 6657, as amended by RA 9700, P.D. 27 and other agrarian laws;

10. Sale, transfer, lease, or any other form of conveyance by a beneficiary of

the right of ownership, right to use, or any other usufructuary right over the
land acquired by virtue of being such beneficiary, in order to violate or
circumvent the provisions of Section 27 and Section 73 of RA 6657, as
amended by RA 9700, PD 27, and other agrarian laws;
GROUNDS FOR DISQUALIFICATION:
11. Premature conversion by the ARB pursuant to Section 11 of RA No. 8435;

12. Final judgement for forcible entry or illegal detainer by persons who are
originally not qualified beneficiaries as ARBs, the unlawful entry of which
would have allowed them to avail the rights and benefits of an agrarian reform
beneficiary;

13. With respect to foreclosed landholdings, the LO (landowner) and/or his

children, but only insofar as the same foreclosed landholding is concerned,
and;

14. Commission of any violation of the agrarian reform laws and regulations, or
related issuances, as determined with finality after proper proceedings by the
appropriate tribunal or agency.
ELEMENTS OF TENANCY (ALL ELEMENTS MUST BE PRESENT)

1. The parties are the LANDOWNER and the TENANT;

2. The SUBJECT is AGRICULTURAL LAND;
3. There is CONSENT; (express or implied)
4. The PURPOSE is AGRICULTURAL PRODUCTION;
5. There is PERSONAL CULTIVATION;
6. There is SHARING OF HARVEST or the tenant is paid with a
monthly compensation.
RIGHTS OF THE TENANT:

Once tenancy is established the tenant has SECURITY OF

TENURE. It cannot be ejected except for legal grounds with
final judgement by appropriate court/quasi-judicial body.

WHEN TO FILE A FILE: Within three (3) years from ejectment

WHERE TO FILE : Before the Office of the Provincial Adjudicator

of the DAR
PROCESS BEFORE FILING OF CASES: The aggrieved party must first file
his/her complaint before the BARANGAY AGRARIAN REFORM
COMMITTEE (BARC) of the barangay where the property is located for
MEDIATION CONFERENCE. In the event that the parties failed to settle
amicably the parties must secure a certification from the BARC Chairman
that no settlement was arrived or reached. The aggrieved may elevate the
same to the DAR Municipal Office for mediation. Failure again to settle
amicably, the aggrieved may elevate the same to the Legal Assistance
Division of DAR Provincial Office for mediation. And if the parties again
failed to settle amicably, the aggrieved party may now file the case before
the PARAD. The ARBs, and the tenant may be assisted by the Legal
Assistance Division.

BARC Certification is a pre-requisite for the filing of a case before the PARAD.
RIGHTS OF TENANT WHEN TENANTED LAND IS FOR SALE OR SOLD

1. RIGHT PREEMPTION – the tenant must first be notified by the owner of

his/her intention to sell the tenanted land.
2. RIGHT OF REDEMPTION – when the tenanted land is sold to other party
without the knowledge of the tenant the latter may redeem the same at a
reasonable price and consideration at the time of the sale. Must be
exercised within 180 days from notice in writing which shall be served by
the vendee on all lessees/tenants affected and the DAR upon the
registration of the sale.

TENANCY NOT EXTINQUISHED BY DEATH OF THE TENANT OR INCAPACITY

TENANCY NOT EXTINQUISHED BY DEATH OF THE LANDOWNER

BARANGAY AGRARIAN REFORM COUNCIL (BARC)

FUNCTIONS:
1. Effect and facilitate the land transfer program in the community

1.1 Assist in the identification of qualified beneficiaries and

landowners within the barangay;
1.2 Attest under oath the legitimacy of the qualified beneficiaries;
1.3 Attest to the accuracy of the initial parcellary mapping of the
beneficiary’s tillage;
1.4 Assist in the initial determination of the value of the land
BARANGAY AGRARIAN REFORM COUNCIL (BARC)

FUNCTIONS:
2. Resolve local agrarian disputes between farmers and landowners at the
lowest level possible and as much as possible to avoid passing this
responsibility to outside entities.
2.1 Mediate and conciliate between parties involved in an agrarian
dispute including related to tenurial and financial arrangements
2.2. Conduct arbitration of erroneous identification of beneficiaries

3. Access provision of support services based on expressed needs

3.1 Follow-up the delivery of support services to beneficiaries
3.2 Assist qualified beneficiaries in obtaining credit from lending
institutions
RECLASSIFICATION AND CONVERSION OF AGRICULTURAL LANDS

RECLASSIFICATION- is the act of specifying how agricultural lands shall

be utilized to non agricultural uses as embodied the land
use plan of the LGU.

LGU has the exclusive jurisdiction

CONVERSION -is the act of changing the actual use of the

agricultural land into non agricultural uses.
Dar has exclusive jurisdiction.

DARRO – 5 HECTARES AND BELOW

DARCO- ABOVE 5 HECTARES
Agricultural lands that are reclassified to non-agricultural uses do not ipso
facto allow the landowner thereof to use the same for such purpose.
DAR CLEARANCE
PROVISION OF SUPPORT SERVICES

AGRARIAN REFORM BENEFICIARIES DEVELOPMENT AND

SUSTAINABILITY PROGRAM (ARBDSP)

1. SUPERVISION AND 2. SOCIAL 3. ENTERPRISE 4. CLIMATE

MANAGEMENT FOR INFRASTRUCTURE DEVELOPMENT AND RESILIENT FARM
EFFECTIVE DELIVERY BUILDING (SIB) ECONOMIC SUPPORT PRODUCTIVITY
OF SUPPORT (EDES) SUPPORT (CRFPS)
SERVICES
PROVISION OF SUPPORT SERVICES

Provision of support services to the ARBs are through the

AGRARIAN REFORM BENEFICIARIES ORGANIZATION
(ARBOs) and not individually. However, it is now required
that the ARBO must be registered either with the
Cooperative Development Authority (CDA) or Securities
and Exchange Commission (SEC).
THANK YOU!!!