AGRARIAN LAW

Comprehensive Report on the Coverage of the Comprehensive Agrarian Reform Law

R.A 6657 as amended by R.A 7900 SECTION 4 Scope The Comprehensive Agrarian Reform Law of 1989 shall cover, regardless of tenurial arrangement and commodity produced, all public and private agricultural lands as provided in roclamation !o" 1#1 and $%ecutive &rder !o" ''9, including other lands of the public domain suitable for agriculture( Provided, that landholdings of landowners with a total area of five )*+ hectares and below shall not be covered for ac,uisition and distribution to ,ualified beneficiaries" !o"e spec#$#ca%%y &'e $o%%o(#n) %ands a"e co*e"ed by &'e CAR+, A+ All alienable and disposable lands of the public domain devoted to or suitable for agriculture" !o reclassification of forest or mineral lands to agricultural lands shall be underta-en after the approval of this Act until congress ta-ing into account ecological, developmental and e,uity considerations, shall have determined by law, the specific limits of the public domain. /+ All lands of the public domain in e%cess of the specific limits as determined by Congress in the preceding paragraph. C+ All other lands owned by the 0overnment devoted to or suitable for 1+ agriculture. and $+ All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon" A comprehensive inventory system in consonance with the national land use plan shall be instituted by the 1epartment of Agrarian Reform )1AR+, in accordance with the Local 0overnment Code, for the purpose of properly identifying and classifying farmlands within one )1+ year

from effectivity of this Act, without pre2udice to the implementation of the land ac,uisition and distribution" -o( #s &'e scope o" co*e"a)e o$ CAR+ de$#ned by .AR/ /y outlining in its 3tatement of olicies in its Adm#n#s&"a&#*e O"de" No. 00 o$ 0009 the topic on !otice of Coverage which shows the following pertinent details regarding the coverage of CAR ( 1" The ac,uisition and distribution of agricultural lands under CAR shall be completed by 4une #5, '516" '" 7owever, landholdings which were issued !otice of Coverages on or before 4une #5, '51# shall continue even after 4une #5, '516 until the lands have been awarded to ,ualified beneficiaries" #" All landholdings of landowners owning more than '6 hectares which have been issued !&Cs as of 1ecember 15, '558 shall be sub2ect to immediate ac,uisition and shall be completed by 4une #5, '51'" The landholdings of landowners owning more than *5 hectares shall be prioriti8ed for coverage within this same period 6" All private agricultural lands voluntarily offered before 4uly 1, '559 by the landowner for agrarian reform shall be sub2ected to immediate ac,uisition and distribution under voluntary offer to sell )9&3+ and shall be completed by 4une #5, '51' *" Lands under voluntary land transfer )9LT+ received by 1AR before 4uly, 1, '559 shall be sub2ected to immediate ac,uisition and distribution and shall be completed by 4une #5, '51' :" All landholdings of landowners owning more than '6 hectares but have not been issued with !&C as of 1ecember 15, '558 shall be sub2ect to land ac,uisition and distribution )LA1+ by 4uly 1, '51' and completed by 4une #5, '51#" ;" All landholdings of landowners owning more than 15 hectares up to '6 hectares in so far as the e%cess hectarage above 15 hectares is concerned shall be covered under land ac,uisition and distribution starting 4uly 1, '51' and be completed by 4une #5, '51# 8" All landholdings of landowners owning more than * hectares up to 15 hectares shall be covered under land ac,uisition and distribution starting 4uly 1, '51# and be completed by 4une #5, '516" !otwithstanding this schedule, coverage of more than * hectares up to 15 hectares may commence when the LA1 balance of the concerned province, rec-oned as of 4anuary 1, '559 is already 95< complete, as certified to by the rovincial Agrarian Reform Coordination Committee ) ARCC&=+ under e%isting guidelines of

the residential Agrarian Reform Council ) ARC+ 9" >or provinces declared by the ARC as priority land reform areas, the ac,uisition and distribution of private agricultural lands therein under advanced phases may be implemented ahead of the above schedules on the condition that prior phases in these provinces have completed pursuant to the ARC implementing rules and regulations on the matter 15" Landholdings sub2ect of e%propriation or ac,uisition by the Local 0overnment ?nits )L0?s+ or any portions thereof not actually, directly and e%clusively used for non@agricultural purposes are sub2ect to CAR coverage if one or more of the following conditions apply( 1" There is agricultural activity '" The land is suitable for agriculture or #" The land is presently occupied and tilled by farmers 11" The following type of lands shall li-ewise be sub2ect of immediate ac,uisition and distribution under CAR and shall be completed by 4une #5, '51'( 6" Rice and corn lands under "1 !o" '; *" All idle and abandoned lands :" All lands foreclosed by government financial institutions ;" All lands ac,uired by the C00 8" All other lands owned by the government W'a& a"e &'e %ands e1c%2ded $"om &'e co*e"a)e/ Lands which are actually, directly and e%clusively used and found to be necessary for the following purposes( 1" ar-s '" Aildlife #" >orest reserves 6" Reforestation *" >ish sanctuaries and breeding grounds :" Aater sheds ;" =angroves 8" national defense 9" school sites and campuses including e%perimental farm stations operated by public or private schools for educational purposes 15" seeds and seedlings research and pilot production centers 11" Church sites and Bslamic centers appurtenant thereto Communal burial grounds and cemeteries enal colories and penal farms actually wor-ed by the inmates 0overnment and private research and ,uarantine centers

All undeveloped lands with 18< slope and over. All lands actually, directly and e%clusively used for commercial, industrial or residential purposes and classified as such before 4une 1*, 1988. >ish ponds and prawn farms. All lands actually, directly and e%clusively used for livestocraising. Ancestral lands and domain and Retention areas granted to landowners

R.A 6657 as amended by R.A 7900 SECTION 5 SC-E.3LE O4 I!+LE!ENTATION The distribution of all lands covered by this Act shall be implemented immediately and completed within 15 years from the effectivity thereof" !ay #& be a")2ed &'a& d#s&"#b2&#on o$ a%% %ands co*e"ed by &'#s Ac& s'a%% be #mp%emen&ed and co*e"ed (#&'#n &'e o"#)#na% 50 yea" pe"#od "a&'e" &'an &'e e1&ended pe"#od/ C$3, because section * and section ; of the CARL are clearly mandatory" The following authorities support the view that sections * and ; are mandatory( Dstatutes or rules prescribing the time for litigants to ta-e certain actions or to appeal from an adverse decision is generally mandatory"E1 @ Dwhere a statute provides for the doing of some act which is re,uired by 2ustice or public duty or where it invests a public body, municipality, or officer with power and authority to ta-e some action which concerns the public interest or rights of individuals, though the language of the statute be merely permissive in form, yet it will be construed as mandatory, and the e%ecution of the power may be insisted upon as a dutyE' =oreover, the word FshallF in the phrase Fshall be ac,uired and distributedF is also mandatory" @ Bn common or ordinary parlance and in its ordinary significance, the term FshallF is a word of command, and one which has
1 2

Statutory Construction, Agpalo Black, Henry Campbell, Interpretation of the La s

always and which must be given a compulsory meaning, and it is generally imperative or mandatory"# ublic policy favors an imperative or mandatory construction" ublic interest is also involved, and there are beneficiaries of agrarian reform with rights which ought to be e%ercised or enforced and no contrary intent appears or will 2ustify a different meaning"
@

Dwhere a statute provides for the doing of some act which is re,uired by 2ustice or public duty or where it invests a public body, municipality, or officer with power and authority to ta-e some action which concerns the public interest or rights of individuals, though the language of the statute be merely permissive in form, yet it will be construed as mandatory, and the e%ecution of the power may be insisted upon as a dutyE6

Bn section * and ; of the CARL, time is of the essence" The designation of time is a limitation of the power and authority to act of the 1AR" And the phrase Fto be completed within a period of not more than four yearsF are negative words" Authorities consider provisions worded thus as mandatory"
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D3tatutes Regulating Time of &fficial Action" G Ahen a statute specifies the time at or within which an act is to be done by a public officer or body, it is generally held to be directory only as to the time, and not mandatory, unless time is of the essence of the thing to be done, or the language of the statute contains negative words, or shows that the designation of the time was intended as a limitation of power, authority, or right"E *

R.A 6657 6 SECTION 6 Re&en&#on L#m#&s $%cept as otherwise provided in this Act, no person may own or retain, directly or indirectly, any public or private agricultural land, the si8e of which shall vary according to factors governing a viable family@si8e farm, such as commodity produced, terrain, infrastructure, and soil fertility as determined by the residential Agrarian Reform Council ) ARC+ created hereunder, but in no case shall retention by the landowner e%ceed five )*+ hectares" Three )#+ hectares may be awarded to each child of the landowner, sub2ect to the following ,ualifications( )1+ that he is at least fifteen
! -

"on#ales $s% Cha$e# &2'( SC)A *1+, Black, Henry Campbell, Interpretation of the La s ( Ibi.%

)1*+ years of age. and )'+ that he is actually tilling the land or directly managing the farm( provided, that landowners whose lands have been covered by residential 1ecree !o" '; shall be allowed to -eep the areas originally retained by them thereunder( provided, further, that original homestead grantees or their direct compulsory heirs who still own the original homestead at the time of the approval of this Act shall retain the same areas as long as they continue to cultivate said homestead" The right to choose the area to be retained, which shall be compact or contiguous, shall pertain to the landowner( provided, however, that in case the area selected for retention by the landowner is tenanted, the tenant shall have the option to choose whether to remain therein or be a beneficiary in the same or another agricultural land with similar or comparable features"n case the tenant chooses to remain in the retained area, he shall be considered a leaseholder and shall lose his right to be a beneficiary under this Act"n case the tenant chooses to be a beneficiary in another agricultural land, he loses his right as a leaseholder to the land retained by the landowner" The tenant must e%ercise this option within a period of one )1+ year from the time the landowner manifests his choice of the area for retention" Bn all cases, the security of tenure of the farmers or farmwor-ers on the land prior to the approval of this Act shall be respected" ?pon the effectivity of this Act, any sale, disposition, lease, management, contract or transfer of possession of private lands e%ecuted by the original landowner in violation of the Act shall be null and void( provided, however, that those e%ecuted prior to this Act shall be valid only when registered with the Register of 1eeds within a period of three )#+ months after the effectivity of this Act" Thereafter, all Registers of 1eeds shall inform the 1epartment of Agrarian Reform )1AR+ within thirty )#5+ days of any transaction involving agricultural lands in e%cess of five )*+ hectares SECTION 6 A 6 E1cep&#on &o Re&en&#on L#m#&s SECTION 6 7 6 Re*#e( o$ L#m#&s o$ Land S#8e Re&en&#on "#)'&s o$ Lando(ne"s, Bn no case shall retention by the landowner e%ceed * hectares" 1" All landholdings * hectares and below shall not be sub2ect to CAR coverage e%cept for landholdings submitted for voluntary offer to

sell before 4uly 1, '559 wherein the retention right has been waived" '" Landowners who own lands * hectares or less may file a re,uest for the issuance of Certification of Retention" #" # hectares may be awarded to each child of the landowner, provided( a" 7e is at least 1* years old. and b" 7e is actually tilling the land or directly managing the farm" 6" >or landholdings under compulsory ac,uisition, the landowner shall choose his retained area within #5 days from receipt of !otice of Coverage or its publication" >ailure to e%ercise the right will give 1AR through =unicipal Agrarian Reform &fficer )=AR&+ to choose for the landowner his area" *" The following are the factors in choosing their retention area in case of waiver( a" Commodity produced. b" Terrain. c" Bnfrastructure available. d" 3oil fertility" Bn case the Certificate of Land Transfer has been issued, it is discovered that the landowner has been illegally denied his right of retention. the said certificate may be cancelled by the 3ecretary of Agrarian Reform": :" Bn the absence of an agreement for the 2udicial separation of property, spouses who own only con2ugal properties may retain of not more than * hectares from such properties" Bf either or both of them are landowners in their own rights they may retain not more than * hectares from their respective landholdings" -O!ESTEA. 6 the house, outbuildings, and ad2oining land owned and occupied by a person or family as a residence" ; Bt may be classified into business homestead, constitutional homestead and probate homestead"
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/enants of the 0state of 1r% Sison $% CA, 21' SC)A (-( Black3s La 1ictionary &/hir. 4ocket 0.ition,

A homestead shall not be sub2ect to compulsory coverage if the following conditions are present, to wit( a" The original homestead grantee or his direct compulsory heir still owns the original homestead at the time of the effectivity of the CARL. b. The original homestead grantee or his direct compulsory heir)s+ was cultivating the homestead as of the effectivity of the CARL on 4une 18, 19898 ;" Bn case the retained land is tenanted, the tenant shall have the following options( a" Remain in the area and be considered as leaseholder and shall lose the right to be a beneficiary. b" /e a beneficiary in another agricultural land" Re,uisites( b"1"+ Actual tiller of land. b"'"+ TenantHlessee or regular farm wor-er" The law re,uires a legal relationship to e%ist between the landowner and the tiller" $lements of a tenancy relationship( )9e"em#as *. Es&a&e o$ !a"#ano: G.R. No. 574649: Sep&embe" 06: 000; + 1" That the parties are the landowner and the tenant. '" The sub2ect matter of the relationship is an agricultural land. #" There is consent between the parties. 6" The purpose is to bring agricultural production. *" There is personal cultivation on the part of the tenant. and :" The harvest is shared between them" 0iving the land to all landless tillers or potential tillers would violate Article IBBB, 3ection 6 of the 198; hilippine Constitution which specifies the benefit for each category of ,ualified beneficiary" 8" Bn all cases, the security of tenure of the farmers on the retained land shall be respected" 9" ersonal cultivation is not mandatory condition for retention"

1A) 5emo Circular 6o% - 718819

The landowner does not have to cultivate the retained and e%empted areas, unless the tenants, as agricultural lessees, would voluntarily relin,uish the tas- of cultivation and vacate and surrender the said areas to the landowner" 7ence, personal cultivation by the landowner is not a mandatory precondition for them to be entitled to their retention right" 9 SECTION 6 A 6 E1cep&#on 15" Local 0overnment ?nits ac,uiring private agricultural lands by e%propriation or other modes shall not be sub2ect to the * hectares retention limit" <.O37LE 6 E=+RO+RIATION> process( a" Land will be sub2ect to CAR coverage and ac,uired by the national government, through 1AR. b" Title will transfer to the national government upon 2ust compensation to the landowner. c" Bt will be distributed to agrarian reform beneficiaries. d" Land will now be e%propriated by the L0? by 2ust compensation to the beneficiaries" R.A 6657 6 SECTION 7 +"#o"#&#es Lands shall be ac,uired and distributed as follows(

+'ase One, 92%y 5: 0009 6 92ne ?0: 0050 a" All lands above *5 hectares. b" All lands in e%cess of *5 hectares already issued !otice of Coverage on or before 1ecember #1, '558. c" All rice and corn lands d" C00, 0&CC and 0overnment >inancial BnstitutionJs ac,uired lands" +'ase &(o, a" Lands above '6 up to *5 hectares issued notice of coverage to be completed by 4une #5, '51'" b" All remaining private agricultural lands with aggregate area in e%cess of '6 hectares to be completed by 4une #5, '51#" +'ase &'"ee, a" Lands in e%cess of 15 hectares up to '6 hectares to be completed by 4une #5, '51#"
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Association of Small Lan.o ners in the 4hilippines, Inc et al% $% Secretary of Agrarian )eform

b" Lands in e%cess of retention limit up to 15 hectares to be completed by 4une #5, '516" &nly farmers and regular farm wor-ers actually tilling the lands as certified under oath by the /arangay Agrarian Reform Council and attested by the landowner shall be ,ualified as beneficiaries" Land Ac,uisition and 1istribution to be completed on a province@by@province basis to be completed by 4une #5, '516" 3ucceeding phase of LA1 to commence only upon completion of at least 95< of the immediately preceding phase" R.A 6657 6 SECTION ; !2%&#na&#ona% Co"po"a&#ons G All lands of the public domain leased, held or possessed by multinational corporations or associations, and other lands owned by the government or by government@owned or controlled corporations, associations, institutions, or entities, devoted to e%isting and operational agri@business or agro industrial enterprises, operated by multinational corporations and associations, shall be programmed for ac,uisition and distribution immediately upon the effectivity of this Act, with the implementation to be completed within three )#+ years" Lands covered by the paragraph immediately preceding, under lease, management, grower or service contracts, and the li-e, shall be disposed of as follows( )a+ Lease, management, grower or service contracts covering such lands covering an aggregate area in e%cess of 1,555 hectares, leased or held by foreign individuals in e%cess of *55 hectares are deemed amended to conform with the limits set forth in 3ection # of Article IBB of the Constitution" )b+ Contracts covering areas not in e%cess of 1,555 hectares in the case of such corporations and associations, and *55 hectares, in the case of such individuals, shall be allowed to continue under their original terms and conditions but not beyond August '9, 199', or their valid termination, whichever comes sooner, after which, such agreements shall continue only when confirmed by the appropriate government agency" 3uch contracts shall li-ewise continue even after the lands has been transferred to beneficiaries or awardees thereof, which transfer shall be immediately commenced and implemented and

completed within the period of three )#+ years mentioned in the first paragraph hereof" )c+ Bn no case will such leases and other agreements now being implemented e%tend beyond August '9, 199', when all lands sub2ect hereof shall have been distributed completely to ,ualified beneficiaries or awardees" 3uch agreements can continue thereafter only under a new contract between the government or ,ualified beneficiaries or awardees, on the one hand, and said enterprises, on the other" Lands leased, held or possessed by multinational corporations owned by private individuals and private non@governmental corporations, associations, institutions and entities, citi8ens of the hilippines, shall be sub2ect to immediate compulsory ac,uisition and distribution upon the e%piration of the applicable lease, management, grower or service contract in effect as of August '9, 198;, or otherwise, upon its valid termination, whichever comes sooner, but not later than after ten )15+ years following the effectivity of the Act" 7owever, during the said period of effectivity, the government shall ta-e steps to ac,uire these lands for immediate distribution thereafter" Bn general, lands shall be distributed directly to the individual wor-er@ beneficiaries" Bn case it is not economically feasible and sound to divide the land, then they shall form a wor-ersK 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" ?ntil a new agreement is entered into by and between the wor-ersK cooperative or association and the corporation or business association or any other proper party, any agreement e%isting at the time this Act ta-es effect between the former and the previous landowner shall be respected by both the wor-ersK cooperative or association and the corporation, business association or such other proper party" Bn no case shall the implementation or application of this Act 2ustify or result in the reduction of status or diminution of any benefits received or en2oyed by the wor-er@beneficiaries, or in which they may have a vested right, at the time this Act becomes effective" The provision of 3ection #' of this Act, with regard to production and income@sharing shall apply to farms operated by multinational corporations"

1uring the transition period, the new owners shall be assisted in their efforts to learn modern technology in production" $nterprises which show a willingness and commitment and good faith efforts to impart voluntarily such advanced technology will be given preferential treatment where feasible" Bn no case shall a foreign corporation, association, entity or individual en2oy any right or privileges better than those en2oyed by a domestic corporation, association, entity or individual" W'a& #s !2%&#na&#ona% Co"po"a&#on/ 3ection 1, Administrative &rder !o" 11 D=ultinational corporation )!=C+ G an international or transnational corporation with head,uarters in one country but has branch offices in a wide range of both developed and developing countries"E Article 85, $%ecutive &rder !o" '':, otherwise -nown as the &mnibus Bnvestments Code of 198;( Dany foreign business entity formed, organi8ed and e%isting under any laws other than those of the hilippines whose purpose, as e%pressed in its organi8ational documents or by resolution of its /oard of 1irectors, or its e,uivalent, is to supervise, superintend, inspect or coordinate its own affiliates, subsidiaries or branches in the Asia@ acific Region may establish a regional or area head,uarters in the hilippines, after securing a license therefore from the 3ecurities and $%change Commission upon favorable recommendation of the /oard of Bnvestments"E W'a& #s an A)"#b2s#ness/ Bt is the sum total of all operations involved in the manufacture and distribution of farm supplies, production activities on the farm. and the storage, processing, and distribution of farm commodities and items made from them" Bt, therefore, includes all activities involved in growing agricultural produce and ma-ing them readily usable by consumers" 15 W'a& a"e A)"o #nd2s&"#a% en&e"p"#ses/

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1A) A.m% :r.er 6o% 11718**9

Bt cover enterprises that process farm products into final consumer goods )such as food and clothing+ and into industrial raw materials" 11 Imp%emen&a&#on &o be comp%e&ed (#&'#n &'"ee @?A yea"s. All lands of the public domain leased, held or possessed by multinational corporations or associations, and other lands owned by the government or by government@owned or controlled corporations, associations, institutions, or entities, devoted to e%isting and operational agri@business or agro@industrial enterprises, operated by multinational corporations and associations, shall be programmed for ac,uisition and distribution immediately upon the effectivity of the Act on 4une 1*, 1988, with the implementation to be completed within three )#+ years"1' Imp%emen&a&#on no& %a&e" &'an &en @50A yea"s Lands leased, held or possessed by multinational corporations, owned, by private individuals and private non@governmental corporations, associations, institutions and entities, and >ilipino citi8ens shall be sub2ect to immediate compulsory ac,uisition and distribution upon the e%piration of the applicable lease, management, grower or service contract in effect as of August '9, 198;, or otherwise, upon its valid termination, whichever come sooner, but not later than 15 years following the effectivity of the Act" 7owever, during the said period of effectivity, the government shall ta-e steps to ac,uire those lands for immediate distribution thereafter"1# .#s&"#b2&#onB $o"ma&#on o$ (o"Ce"sD coope"a&#*e o" assoc#a&#on Bn general, lands shall be distributed directly to the individual wor-er@ beneficiaries" Bn case it is not economically feasible and sound to divide the land, then they shall form a wor-ersJ 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" ?ntil a new agreement is entered into by and between the wor-ersJ cooperative or association and the corporation or business association or any other proper party, any agreement e%isting at the time the Act
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Ibi.% /e;tbook on Agrarian )eform an. /a;ation, 1e Leon 72'''9 1! /e;tbook on Agrarian )eform an. /a;ation, 1e Leon 72'''9
12

ta-es effect between the former and the previous landowner shall be respected by both the wor-ersJ cooperative or association and the corporation and the corporation, business association or such other proper party" Bn no case, however, shall the implementation or application of the Act 2ustify or result in the reduction of status or diminution of any benefits received or en2oyed by the wor-er@beneficiaries, or in which they may have a vested right, at the time the Act becomes effective" 16 +"od2c&#on and #ncome s'a"#n) The provisions of 3ection #' of the Act, with regard to production and income sharing shall apply to farms operated by multinational corporations"1*
Sec&#on ?0. Production-Sharing. L ending final land transfer, individuals or entities owning, or operating under lease or management contract, agricultural lands are hereby mandated to e%ecute a production@sharing plan with their farm wor-ers or farmwor-ersK reorgani8ation, if any, whereby three percent )#<+ of the gross sales from the production of such lands are distributed within si%ty ):5+ days of the end of the fiscal year as compensation to regular and other farmwor-ers in such lands over and above the compensation they currently receive( provided, that these individuals or entities reali8e gross sales in e%cess of five million pesos per annum unless the 1AR, upon proper application, determines a lower ceiling" Bn the event that the individual or entity reali8es a profit, an additional ten percent )15<+ of the net profit after ta% shall be distributed to said regular and other farmwor-ers within ninety )95+ days of the end of the fiscal year" To forestall any disruption in the normal operation of lands to be turned over to the farmwor-er@beneficiaries mentioned above, a transitory period, the length of which shall be determined by the 1AR, shall be established" 1uring this transitory period, at least one percent )1<+ of the gross sales of the entity shall be distributed to the managerial, supervisory and technical group in place at the time of the effectivity of this Act, as compensation for such transitory managerial and technical functions as
11(

Ibi.% Ibi.%

it will perform, pursuant to an agreement that the farmwor-er@ beneficiaries and the managerial, supervisory and technical group may conclude, sub2ect to the approval of the 1AR"1:

!ode"n &ec'no%o)y #n p"od2c&#on 1uring the transition period, the new owners shall be assisted in their efforts to learn modern technology in production" $nterprises which show a willingness and commitment and good faith efforts to impart voluntarily such advanced technology will be given preferential treatment where feasible" Bn no case shall a foreign corporation, association, entity or individual en2oy any rights or privileges better than those en2oyed by a domestic corporation, association, entity or individual"1;

R.A 6657 6 SECTION 9 Ances&"a% Lands @ >or 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( rovided, That the Torrens 3ystem shall be respected" The right of these communities to their ancestral lands shall be protected to ensure their economic, social and cultural well@being" Bn line with the other 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 recogni8ed and respected" Any provision of law to the contrary notwithstanding, the ARC may suspend the implementation of this Act with respect to ancestral lands for the purpose of identifying and delineating such lands( rovided, That in the autonomous regions, the respective legislatures may enact their own laws on ancestral domain sub2ect to the provisions of the Constitution and the principles enunciated in this Act and other national laws" W'a& #s an Ances&"a% Land/

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)epbulic Act 6o% ++(2 /e;tbook on Agrarian )eform an. /a;ation, 1e Leon 72'''9

Ancestral lands, as defined in the Bndigenous eoples Rights Act )B RA+ is the, Doccupied, possessed and utili8ed by individuals, families and clans who are members of the Bndigenous Cultural Communities )BCCs+HBndigenous eoples )B s+ since time immemorial, by themselves or through their predecessors@in@interest, under claims of individual or traditional group ownership, continuously, to the present e%cept when interrupted by war, force ma2eure or displacement by force, deceit, stealth or as a conse,uence of government pro2ects and other voluntary dealings entered into by government and private individualsHcorporations, including, but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and tree lots"E >or ancestral lands, in particular, B s have the right to transfer landHproperty rights toHamong members of the same BCCsHB s and the right to redeem the property in case of transfers that raise ,uestions on consent given by B s and transfers made with un2ust considerations andHor prices"18 -o( &o c%a#m %ands/

B s in the hilippines can claim ownership in three ways( a+ by virtue of a native title. b+ getting formal recognition of ownership by ac,uiring a certificate of ancestral domain title )CA1T+ or certificate of ancestral land title )CALT+ from the !ational Commission on Bndigenous eoples )!CB +@Ancestral 1omains &ffice )A1&+. or c, by securing a certificate of title by virtue of DCommonwealth Act 161, as amended, or the Land Registration Act 69:"19 W'a& #s a Na&#*e &#&%e/ A native title, according to RA !o" 8#;1, Drefers to pre@con,uest rights to land and domains, which , as far bacas memory reaches, have been held under a claim of private ownership by BCCsHB s, have never been public lands and are thus indisputably presumed to have been held that way since before the 3panish Con,uest"E

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4rotecting I4s3 )ights to Ancestral 1omains an. Lan.s, )omual.o, <4 =orum 4rotecting I4s3 )ights to Ancestral 1omains an. Lan.s, )omual.o, <4 =orum

W'a& #s a CALT o" CA.T/ A Certificate of Ancestral Lands Title )CALT+ or Certificate of Ancestral 1omain Title )CA1T+ is, Dgranted by the government and is provided for by law to those B s who wish to obtain these titles" The B RA, specifically 3ection 1', also states that B s have the option to ac,uire certificates of title under the provisions of the amended Commonwealth Act !o" 161" This Act follows the Torrens 3ystem of land registration* and titles issued under this system are called Torrens titles"E'5
SECTION 50. Op&#on &o Sec2"e Ce"&#$#ca&e o$ T#&%e 3nde" Common(ea%&' Ac& 545: as amended: o" &'e Land Re)#s&"a&#on Ac& 496. L Bndividual members of cultural communities, with respect to their individually@owned ancestral lands who, by themselves or through their predecessors@in@interest, have been in continuous possession and occupation of the same in the concept of owner since time immemorial or for a period of not less than thirty )#5+ years immediately preceding the approval of this Act and uncontested by the members of the same BCCsHB s shall have the option to secure title to their ancestral lands under the provisions of Commonwealth Act 161, as amended, or the Land Registration Act 69:"

92"#sd#c&#on o*e" Comm2n#&#es

&'e

Ances&"a%

Lands

o$

&'e

Ind#)eno2s

Bt is the 1epartment of !atural Resources )1$!R+ that is tas-ed with prescribing the rules and regulations, as provided under section 1# of RA ;*8:, which reads( ESECTION 5?. Ances&"a% Lands and R#)'&s o*e" T'em. G Ancestral lands and customary rights and interest arising therefrom shall be accorded due recognition" The 1$!R shall prescribe rules and regulations to govern ancestral lands within protected areas( rovided, that the 1$!R shall have no power to evict indigenous communities from their present occupancy nor resettle them to another area without their consent( rovided, however, that all rules and regulations, whether adversely affecting said communities or not, shall
2'

)epublic Act 6o% *!21

be sub2ected to notice and hearing to be participated in by members of concerned indigenous community"E +"o&ec&#on o$ "#)'&s o$ #nd#)eno2s c2%&2"a% comm2n#&#es The right of these communities to their ancestral lands shall be protected to ensure their economic, social and cultural well@being" Bn 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 recogni8ed and respected" 7owever, the Torrens 3ystem shall be respected"'1 S2spens#on o$ #mp%emen&a&#on Any provision of law to the contrary notwithstanding, the ARC may suspend the implementation of the Act with respect to ancestral lands for the purpose of identifying and delineating such lands" '' Enac&men& o$ "e)#ona% %a(s Bn the autonomous regions, the respective legislatures may enact their own laws on ancestral domain sub2ect to the provisions of the Constitution and the principles enunciated in the Act and other national laws"'# R.A 6657 6 SECTION 50 E1emp&#ons and E1c%2s#ons 6 a+ Lands actually, directly and e%clusively used for par-s, wildlife, forest reserves, reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves shall be e%empt from the coverage of this Act" b+ rivate lands actually, directly and e%clusively used for prawn farms and fishponds shall be e%empt from the coverage of this Act( Provided, That said prawn farms and fishponds have not been distributed and Certificate of Land &wnership Award )CL&A+ issued under the Agrarian Reform rogram"

21 22

/e;tbook on Agrarian )eform an. /a;ation, 1e Leon 72'''9 Ibi.% 2! /e;tbook on Agrarian )eform an. /a;ation, 1e Leon 72'''9

Bn cases where the fishponds or prawn farms have been sub2ected to the Comprehensive Agrarian Reform Law, by voluntary offer to sell, or commercial farms deferment or notices of compulsory ac,uisition, a simple and absolute ma2ority of the actual regular wor-ers or tenants must consent to the e%emption within one )1+ year from the effectivity of this Act" Ahen the wor-ers or tenants do not agree to this e%emption, the fishponds or prawn farms shall be distributed collectively to the wor-er@beneficiaries or tenants who shall form cooperative or association to manage the same" Bn cases where the fishponds or prawn farms have not been sub2ected to the Comprehensive Agrarian Reform Law, the consent of the farmwor-ers shall no longer be necessary. however, the provision of 3ection #'@A hereof on incentives shall apply" c+ Lands actually, directly and e%clusively used and found to be necessary for national defense, school sites and campuses, including e%perimental farm stations operated by public or private schools for educational purposes, seeds and seedlings research and pilot production center, church sites and convents appurtenant thereto, mos,ue sites and Bslamic centers appurtenant thereto, communal burial grounds and cemeteries, penal colonies and penal farms actually wor-ed by the inmates, government and private research and ,uarantine centers and all lands with eighteen percent )18<+ slope and over, e%cept those already developed, shall be e%empt from the coverage of this Act")As amended by R" A" ;881+ Bn addition to the e%clusion provided for in section 15, it has been held that also Lands devoted to raising of livestoc-, swine and poultry are e%cluded from the coverage of CAR " /efore its amendment by RA ;881, 3ec" #)b+ of RA ::*; included in its definition of agricultural activity the Fraising of livestoc-, poultry or fishF" Li-ewise, the original 3ec" 11 of RA ::*;on commercial farming provided that Flands devoted to commercial livestoc-, poultry and swine raising shall be sub2ect to compulsory ac,uisition within ten )15+ years from the effectivity of the Act"F 7owever, the 3upreme Court in Lu8 >arms vs" 3ecretary of Agrarian Reform, supra, held that 3ec" # )b+ and 3ec" 11 of RA ::*;)along with 3ec" 1#and #'+ are unconstitutional in far as they include the raising of livestoc- and swine in the coverage of CAR " L3E 4AR!S CASE

>acts( etitioner Lu8 >arms is a corporation engaged in livestoc- and poultry business" Bt see-s to nullify 3ec" # )b+ and 3ec" 11 of RA::*; in so far as they apply to livestoc- and poultry business" 7eld( 3ec" # )b+ and 3ec" 11 of RA ::*; are unconstitutional in so far as they include lands devoted to raising livestoc-, swine and poultry within its coverage" The use of land is incidental to but not the principal factor or consideration of productivity in this industry" The 3upreme Court held that( DThe transcripts of deliberations of the Constitutional Commission of 198: on the meaning of the word Fagricultural,F clearly show that it was never the intention of the framers of the Constitution to include livestoc- and poultry industry in the coverage of the constitutionally@mandated agrarian reform program of the government" The Committee adopted the definition of Fagricultural landF as defined under 3ection 1:: of RA #866, as land devoted to any growth, including but not limited to crop lands, saltbeds, fishponds,idle and abandoned land )Record, C&!C&=, August ;, 198:, 9ol"BBB, p" 11+"E The 3upreme Court noted that the intention of the Committee to limit the application of the word FagricultureF is further shown by the proposal of Commissioner 4amir to insert the word FarableF to distinguish this -ind of agricultural land from such lands as commercial and industrial lands and residential properties" The proposal, however, was not considered because the Committee contemplated that agricultural lands are limited to arable and suitable agricultural lands and therefore, do not include commercial, industrial and residential lands'6"=oreover, in his answer to Commissioner RegaladoKs interpellation, Commissioner Tadeo clarified that the term Ffarmwor-erF was used instead of Fagricultural wor-erF in order to e%clude therein piggery, poultry and livestoc- wor-ers'* .AR Adm#n#s&"a&#*e O"de" No. 9 @599?A Bmposes two )'+ conditions in order that these lands may be e%empted(

2-

25

)ecor., C:6C:5, 2 August 18*+, >ol% III, p% !' )ecor., C:6C:5, August 2, 18*+, >ol% II, p% +21

a+ That the land or portion thereof is e%clusively, directly, or actually used for livestoc-, poultry and swine raising as of 1* 4une 1988. and b+ The farm must satisfy the ratios of land, livestoc-, poultry and swine As $o" pa"a)"ap' 7 o$ sec&#on 50: 4#s'ponds and p"a(n ponds Aith the amendment of 3ec" # )c+, 15 and 11 of RA ::*; by RA ;881,fishponds and prawn ponds are also e%empted from the coverage of CAR , provided that said lands have not been distributed to AR/s and no CL&A shave been issued" To be e%empted, the agricultural land must have been actually, directly and e%clusively used for prawn farms and fishponds as of 1' =arch 199*, the date of effectivity of RA ;881" To avail of the e%emption, a landowner or his authori8ed representative still has to file a written application for land e%emptionHe%clusion with the 1AR rovincial &ffice )1AR Adm" &" !o" #M199*N+" Bn cases where the fishponds or prawn farms have been sub2ected to CAR , by voluntary offer to sell, commercial farms deferment or notice of compulsory ac,uisition, they can be e%empt from CAR if a simple and absolute ma2ority of the actual regular wor-ers or tenants consent to the e%emption within one )1+ year from the effectivity of RA ;881or on 1' =arch 199*" Bn cases where the fishponds or prawn ponds have not been sub2ected to CAR , the consent of the farm wor-ers shall no longer be necessary': Sec. 4 o$ RA 7;;5 a%so amended RA 6657 Bt introduced a new provision mandating the introduction of an incentive plan for employees of all fishponds and prawn farms" &perators and entities owning or operating fishponds and prawn farms are directed to e%ecute within si% ):+ months from its effectivity an incentive plan with their regular fishpond or prawn farm wor-erKs organi8ation, if any, whereby seven point five percent );"*<+ of net profits before ta% from the operation of the fishpond or prawn farms are distributed within si%ty ):5+ days at the end of the fiscal year as compensation to regular and other pond wor-ers over and above their current compensation" This incentive plan re,uirement, however, does not apply to agricultural lands subse,uently converted to fishponds or prawn farms provided that the si8e of the land converted does not e%ceed the retention limit of the landowner"
2+

)epublic Act 6o% ++(2 718**9, sec%1'7b9, as amen.e.

As $o" pa"a)"ap' C o$ sec&#on 50 May a state college claim that part of its property being cultivated by farmers cannot be covered under CARP because it is reserved for the future expansion of the campus? Ces, that area being cultivated by farmers can still be e%empted from the CAR coverage" Bt has been held in Central =indanao ?niversity vs" 1ARA/, the university has the prerogative to determine whether a particular part of the school property is necessary for educational purposes" Central Mindanao University vs. epartment of Agrarian Reform Ad!udication "oard# 21 !CRA "# $1%%2& >acts( &n 1: 4anuary 19*8, resident Carlos 0arcia issued roclamation !o" 6:; reserving for the =indanao Agricultural College, now the C=?, a piece of land to be used as its future campus" Bn 1986, C=? embar-ed on a pro2ect titled FOilusang 3ariling 3i-apF wherein parcels of land were leased to its faculty members and employees" ?nder the terms of the program, C=? will assist faculty members and employee groups through the e%tension of technical -now@how, training and other -inds of assistance" Bn turn, they paid the C=? a service fee for use of the land" The agreement e%plicitly provided that there will be no tenancy relationship between the lessees and the C=?" Ahen the program was terminated, a case was filed by the participants of the FOilusang 3ariling 3i-apF for declaration of status as tenants under the CAR " Bn its resolution, 1ARA/, ordered, among others, the segregation of 655 hectares of the land for distribution under CAR " The land was sub2ected to coverage on the basis of 1ARKs determination that the lands do not meet the condition for e%emption, that is, it is not Factually, directly, and e%clusively usedF for educational purposes" Bssue( Bs the C=? land covered by CAR P Aho determines whether lands reserved for public use by presidential proclamation is no longer actually, directly and e%clusively used and necessary for the purposefor which they are reservedP 7eld(

The land is e%empted from CAR " C=? is in the best position to resolve and answer the ,uestion of when and what lands are found necessary for its use" The Court also chided the 1ARA/ for resolving this issue of e%emption on the basis of FC=?Ks present needs"F The Court stated that the 1ARA/ decision stating that for the land to be e%empt it must be Fpresently, actively e%ploited and utili8ed by the university in carrying out its present educational program with its present student population and academic facultyF overloo-ed the very significant factor of growth of the university in the years to come" 's application of exemption the same as an application for retention? !o, there are different in the sense that they have different re,uisites" Bn the case of 1A$Q vs" CA';, it stated that under 1 ';, which implemented that operation land transfer program covers tenanted rice or corn lands" The re,uisites for coverage under &LT are( 1+ land must be a system of share crop or lease tenancy obtaining therein" Bf either re,uisite is absent, a landowner may apply for e%emption" Bf either of these re,uisite, the land is not covered under &LT" 7ence, a landowner need not apply for retention where his ownership over the entire landholding is intact and undisturbed" 1 '; grants each tenant of covered land * hectares lot or in case the land is irrigated, a # hectare lot constituting a family si8e farm, however, said law allows a covered landowner to retain not more than ; hectares of his land if his aggregate landholding does not e%ceed '6 hectares" &therwise, his entire landholding is covered without him being entitled to any retention right" &n the other hand, the re,uisites for the e%ercise by the landowner of his right of retention are( 1+ The land must de voted to rice or corn crops" There must be a system of share crop or lease tenancy obtaining therein. and '+ The si8e of the landholding must not e%ceed '6 hectares or it could be more than '6 hectares provided that atleast
22

") 6:%1!!('2, =ebuary 12,2'''

; hectares thereof are covered lands and more than ; hectares of it consists of other agricultural lands R.A 6657 6 SECTION 55 Comme"c#a% 4a"m#n)" ( Commercial farms which are private agricultural lands devoted to salt beds, fruit farms, orchards, vegetable and cut@flower farms, and cacao, coffee and rubber plantations, shall be sub2ect to immediate compulsory ac,uisition and distribution after ten )15+ years from the effectivity of this Act" Bn the case of new farms, the ten@year period shall begin from the first year of commercial production and operation, as determined by the 1AR" 1uring the ten@year period, the 0overnment shall initiate steps necessary to ac,uire these lands, upon payment of 2ust compensation for the land and the improvements thereon, preferably in favor of organi8ed cooperatives or associations, which shall thereafter manage the said lands for the wor-ers@beneficiaries")As amended by R"A" ;881+ This definition e%cludes private agricultural lands devoted to commercial livestoc-, poultry, and swine raising" 3uch lands are not covered by the agrarian reform law'8" There are alternative methods available to commercial farms other than distributions of land most commercial farms are the most modern mechani8ed farms with processing plants" 3uch farms pay the highest wages" 7ence, the wor-ers themselves prefer to remain as employees as it would be uneconomic to dismantle the farming operation" Thus, the 1AR, under its A& !o"9 series of 1998, allows commercial farms certain options sub2ect to approval by 1AR and wor-ers" 3uch as( 1+ Fo#n& *en&2"e, '+ %ease bacC, #+ )"o(e"s'#p a""an)emen&s and 6+ d#"ec& paymen& sc'eme" These are aside from the usual voluntary offer sale and compulsory coverage" Bn general, therefore, the 1AR encourages the wor-ers or farmer@beneficiaries to -eep intact the commercial farm by organi8ing themselves into cooperatives which will hold the collective CL&A to the land" >urther, it will finance and operate the commercial farm" 7owever, if it is economically viable or feasible as determined by 1ARH1A, they will allow partition of the commercial farm if a ma2ority of the wor-ers prefer physical partition" Bn case of portion, the
28

Lu# =arms $s% Secretary of 1A)

1AR re,uires a minimum of 1 hectare and ma%imum of # hectares for each wor-er" A.!ISTRATIGE +OLICIES COGERING .E4ER!ENTS O4 CO!!ERCIAL 4AR!S E=+IRATION O4

All commercial farms whose deferment e%pired last 4une 1*, 1998 are sub2ect to immediate ac,uisition and distribution under the CAR " 1eferments have yet to e%pire will be ac,uired and distributed only upon e%piration of their respective deferment periods" GENERAL R3LE, Ac,uired commercial farms shall be distributed to ,ualified beneficiaries based on the order of priority prescribed under section '' of RA ::*;" Those who have wor-ed longest on the land shall be given preference" Landowner, whether individual or corporate, shall have the right to retention pursuant to section : of RA ::*;" all infrastructure facilities and improvements including buildings, roads, machinery receptacles, instruments or implements permanently attached to the land, which are necessary and beneficial to the operations of the farm as determined by the 1AR, shall be sub2ect to ac,uisition upon the recommendation of the agrarian reform beneficiaries" ortion of lands devoted to livestoc- covered by 1ARJs compulsory ac,uisition are not included in the definition of agricultural lands" Bn the case of 1AR vs" 3?TT&!'9, it was held that the constitutionality of 1AR A& !o"9, series of 199#, which prescribes a ma%imum retention limit for owners of land devoted to livestoc- raising was raised" ursuant to such A&, 1AR e%empted 1,'55 hectares for gra8ing and a ma%imum of 15', *:#* hectares for infrastructures while the rest was sub2ect to compulsory ac,uisition" The 3upreme Court said that 1AR has no power to regulate livestoc- farms which have been e%empted by the constitution from the coverage of agrarian reform" =oreover, lands devoted to livestoc-, poultry and swine have been classified as industrial and not agricultural lands and thus e%empt from agrarian reform" !O.ES ACH3ISITION O4 CO!!ERCIAL 4AR!S 9oluntary offer to sell@in order that ac,uisition of deferred commercial farm through voluntary offer to sell may be allowed, the
28

") 6:%1+2'2',:ctober 18,2''(

offer to sell must have been submitted before the e%piration of the deferment period, otherwise, the property shall be placed under compulsory ac,uisition" Compulsory Ac,uisition 1irect ayment 3cheme@upon mutual agreement of both the land owner and the ma2ority of all ,ualified agrarian reform beneficiaries and approved by the 1AR direct payment of deferred commercial farms placed under CAR coverage may be allowed" Li-ewise, the area of the land to be transferred to the beneficiaries shall not be less than the area which the government would otherwise ac,uire for redistribution through CA or 9&3" The terms and conditions of the 1 3 shall include the immediate transfer of possession and ownership of the land in favor of the identified beneficiaries" The CL&As shall be issued to the individual AR/s, or their cooperative or association, as may be appropriate, with proper annotations" TI+ES O4 AGRI73SINESS GENT3RES ALLOWE. 7I .AR 4oint 9enture Arrangement@ agribusiness venture whereby a company is organi8ed and co@owned by an investor and the agrarian reform beneficiaries through their cooperatives through their associations" The investor may provide the management and mar-eting s-ills, technology infrastructure and capital while the AR/sJ contributionHparticipation in the 2oint venture includes labor, the usufructuary rights to the land, and capital infusion, if available"#5 Lease Arrangement@ agribusiness scheme whereby the AR/sJ through their cooperatives of farmwor-ersJ association, enter into a contract of lease with the landownerHinvestor" The lessee shall have farm control and operations within an agreed period of time but not to e%ceed 15 years, sub2ect to e%tension upon mutual agreement of both parties" The lease rental shall not be less than the amorti8ation to be paid by the AR/s to the Land /an- of the hilippines pursuant to 1AR A& !o":, series of 1998, and other pertinent laws, rules and regulation"#1

30 31

/e;tbook on Agrarian an. /a;ation, 1e Leon,2''' 0.ition Ibi.%

 Contract 0rowingH0rowership Arrangement@ AR/s own the land and commit, either collectively through their cooperative or individually, to produce certain crops for an investor or agribusiness firm that contract to buy the produce at pre@arranged terms"#' =anagement Contract@ arrangement whereby the AR/s, or their cooperativeHorgani8ation, hire the services of the landowner or an investor to manage and operate the farm in e%change for fi%ed wages or commission"## /uild@&perate@Transfer 3cheme@ contractual agreement entered into pursuant to R"A !o":9*;, as amended, whereby the pro2ect proponent underta-es the construction, including financing of a given infrastructure facility and the operation and maintenance thereof for an agreed period of time but not to e%ceed '* years, sub2ect to e%tension"#6 Rualified AR/s or their cooperativeHassociation may also opt for the combination of two or more of the above schemes they may choose in collaboration with the proposed investor" Lease arrangement shall be the least preferred scheme" ESSENTIAL ELE!ENTS ARRANGE!ENTS O4 AGRI73SINESS GENT3RE

&nly ,ualified AR/s who have been awarded title to distribute area sub2ect of the agribusiness venture arrangement" Any ,ualified investor or former landowner may enter into an agribusiness venture provided, that they are able to prove their financial and technical capacity to meet ties and obligations under the proposed arrangement as evidenced by the relevant financial and income statements and further that the former landowner of the commercial farm shall be given priority" Rualified investor may be any individual, partnership, or corporation with established financial and technical capabilities duly registered with the 3$C"

32 33

/e;tbook on Agrarian an. /a;ation, 1e Leon,2''' 0.ition /e;tbook on Agrarian an. /a;ation, 1e Leon,2''' 0.ition 34 Ibi.%

 Bn 2oint ventures, the contract shall provide only for the usufructuary rights on the land but not the transfer of ownership of the land itself, valued at the prevailing mar-et rates, but not lower than the amorti8ation cost thereof" 4OR!3LAS 4OR 9OINT GENT3RES: LEASE 7ACJ AN. CONTRACT GROWERS-I+ ARRANGE!ENTS 4oint 9enture agreement scheme must be approved by the 1AR and by the ma2ority farmer@beneficiaries" Bn this case, it is re,uired that the title be ultimately be transferred to the wor-ers"#* Lease@bac- arrangements shall be approved only when after the issuance of the CL&As to the wor-ers either individually or collectively to a cooperative" Lease may not e%ceed 15 years sub2ect to e%tension by mutual agreement and rental should not be less than the amorti8ation to be paid by the wor-ers"#: Contract 0rowership shall be approved after the issuance of the CL&As and the wor-ers farm the land and agree to pre@sell their produce, individually or collectively to any party including the former landowner who may have all the e,uipment and processing plant"#; Bn direct payment scheme, 1AR allows the landowner and wor-ers to negotiate the sale of the land andHor e,uipment" The contract must be approved by the 1AR and ma2ority of its wor-ers" Also, 1AR re,uires that the CL&As be issued collectively"

35 36

/e;tbook on Agrarian an. /a;ation, 1e Leon,2''' 0.ition Ibi.% 37 Ibi.%