Professional Documents
Culture Documents
voluntary land-sharing.
As much as practicable, the implementation of the
program shall be community-based to assure, among
others, that the farmers shall have greater control of
farmgate prices, and easier access to credit.
The State shall recognize the right of farmers,
farmworkers and landowners, as well as cooperatives
and other independent farmers' organizations, to
participate in the planning, organization, and
management of the program, and shall provide
support
to
agriculture
through
appropriate
technology and research, and adequate financial,
production, marketing and other support services.
The State shall recognize and enforce, consistent
with existing laws, the rights of rural women to own
and control land, taking into consideration the
substantive equality between men and women as
qualified beneficiaries, to receive a just share of the
fruits thereof, and to be represented in advisory or
appropriate decision-making bodies. These rights
shall be independent of their male relatives and of
their civil status.
The State shall apply the principles of agrarian
reform, or stewardship, whenever applicable, in
accordance with law, in the disposition or utilization
of other natural resources, including lands of the
public domain, under lease or concession, suitable to
agriculture, subject to prior rights, homestead rights
of small settlers and the rights of indigenous
communities to their ancestral lands.
No. 27. Agrarian reform means the redistribution of lands including the totality of factors and
support services designed to lift the economic
status of the beneficiaries.
Thus, agrarian
reform is broader than land reform.
h. Government
and
quarantine centers.
private
research
and
Schedule of Implementation
A. Leasehold Tenancy
1. Tenancy in General
a. Definition: Agricultural tenancy is the physical
possession by a person of land devoted to
agriculture, belonging to or legally possessed by
another for the purpose of production through
the labor of the former and of the members of
his immediate farm household in consideration
of which the former agrees to share the harvest
with the latter or to pay a price certain or ascertainable, either in produce or in money, or in
both [Section 3 of RA 1199, Guerrero v. CA 4]
b. Types of Tenancy Relation
i. Sharehold Tenancy; and
ii. Leasehold Tenancy
2. Leasehold vs. Sharehold Tenancy
* The two tenancy systems are distinct and
different form each other. In sharehold, the
tenant may choose to shoulder, in addition to
labor, any one or more of the items of contributions (such as farm implements, work animals, final harrowing, transplanting), while in
4
Leasehold
Expenses of
Production
Tenant and
Landowner
Tenant
Management
Tenant and
Landowner
Tenant
Payment
Tenant and
landowner
divide the
harvest in
proportion to
their contributions.
68 SCRA 90.
Subject Matter
Agricultural
lands only
Attention and
Cultivation
Tenant must
Lessee does not
personally culti- have to pervate
sonally cultivate
Purpose
Agriculture only
Any lawful
purpose
Governing Law
Special laws
Civil Code
58 SCRA 590.
3. Scheme
(Applies
to
those
individuals
or
enterprises realizing gross sales in excess of
five million pesos per annum, unless the DAR
sets a lower ceiling) [Section 32]
a. Three percent (3%) of the gross sales from the
production of such lands;
b. Distributed within sixty (60) days of the end of
the fiscal year;
c. Treated as additional compensation to regular
B. Procedure
1. Voluntary Land Transfer (VLT) [Section 20]
a. Must be submitted to the DAR within one year
from effectivity of the CARl;
b. Must not be less favorable to the transferee than
those of the government's standing ; and
c. Shall include sanctions for non-compliance by
either party and shall be duly recorded and its
implementation monitored by the DAR.
D.Only those submitted by June 30, 2009 shall be
allowed.
7 SCRA 812.
36]
X. Special Areas of Concern [Section 40]
A. Subsistence Fishing: Small fisherfolk, including
seaweed farmer, shall be assured of greater access
to the utilization of water resources.
B. Logging and Mining Concessions: Subject to the
requirement of a balanced ecology and conservation
of water resources, suitable areas in logging, mining
and pasture areas, shall be opened up for agrarian
settlements whose beneficiaries shall be required to
undertake reforestation and conservation production
methods.
* Certificates of Stewardship Contracts are issued
for forest areas under the Integrated Social Forestry Program.
C. Sparsely Occupied Public Agricultural Lands:
Sparsely occupied agricultural lands of the public
domain shall be surveyed, proclaimed and
developed as farm settlements for qualified landless
people.
* Agricultural land allocations shall be made for
ideal family-size farms.
* Uncultivated lands of the public domain shall be
made available on a lease basis to interested and
Committee
(EXCOM)
of
the
PARC
B. Provincial
Agrarian
Committee (PARCCOM)
Reform
Coordinating
of
farmer
and
farmworker
tion (NGOs);
g. Representatives of landowners;
h. Department of Agriculture official assigned to
the area;
i. Department of Environment and Natural
Resources official assigned to the area;
j. DAR Agrarian Reform Technologist assigned to
the area; and
k. Land Bank of the Philippines representative.
2. Functions [EO 229, 1987 and Section 47]
* The BARC shall have the following functions:
a. Mediate and conciliate between parties involved
in an agrarian dispute;
b. Assist in the identification of qualified beneficiaries and landowners within the barangay;
c. Attest to the accuracy of the initial parcellary
mapping of the beneficiary's tillage;
d. Assist qualified beneficiaries in obtaining credit
from lending institutions;
e. Assist n the initial determination of the value of
the land;
f. Assist the DAR representative in the preparation
of periodic reports on the CARP implementation;
g. Coordinate the delivery of support services to
beneficiaries;
h. Participate and give support in the implementation of CARP; and
i. Perform such other functions as may be assigned by the PARC and DAR.
D.Others
1. No injunction, restraining order, prohibition or
mandamus shall be issued by the lower courts
against the DAR, DA, DENR and DOJ in their
implementation of CARP. [Section 68]
* This does not apply to the Supreme Court.
2. The PARC, in the exercise of its functions, is hereby
authorized to call upon the assistance and support
of other government agencies, bureaus and
offices, including government-owned or controlled
corporations. [Section 69]
XII. Administrative Adjudication
A. Jurisdiction
1. The Department of Agrarian Reform is hereby
vested with primary jurisdiction to determine
and adjudicate agrarian reform matters and
shall have exclusive original jurisdiction over
all matter involving the implementation of
agrarian reform, except those falling under the
exclusive jurisdiction of the Department of
Agriculture and the Department of Environment
and Natural Resources. [Section 50]
2. DAR Adjudicator
books and documents and answers to interrogatories and issue subpoena, and subpoena duces
tecum and to enforce its writs through sheriffs or
other duly deputized officers. It shall likewise have
the power to punish direct and indirect contempt
in the same manner and subject to the same
penalties as provided in the Rules of Court.
[Section 50]
2. The DAR has executed a Memorandum of
Agreement with the Philippine National Police, in
order that the latter may assist the DAR in the
enforcement of its orders.
E. Judicial Review
1. Any decision, order, award or ruling of the DAR on
any agrarian dispute or on any matter pertaining
to the application, implementation, enforcement or
interpretation of the CARL and other pertinent laws
on agrarian reform may be brought to the Court
of Appeals by certiorari within fifteen (15)
days from receipt of a copy thereof. [Section
54]
2. The findings of fact of the DAR shall be final and
conclusive if based on substantial evidence.
3. Notwithstanding an appeal to the Court of Appeals,
the decision of the DAR shall be immediately
executory. [Section 50]