FIGRARIFIFI
REFORM LAW
BASTION
OF SOCIAL -.JUSTICE
2018
ATTY. AL\f I N
EDITI O N
LAR I DAD ES
3UID131_000352911\1
AGRARIAN REFORM LAW:
BASTION OF SOCIAL JUSTICE
ATTY. ALVIN T. CLARIDADES
2018 EDITION
0;1,
G
-2_
IMPARY
•
Philippines Copyright 2018
alDepartment of Agrarian Reform
by
ALVIN T. CLARIDADES
ALL RIGHTS RESERVED
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No.
Republic of the Philippines
19
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Kagawaran ng Repormang Pansakahan
FOREWORD
This year marks a milestone in
the continuing effort of the State to
give flesh to the Constitutional
aspiration of providing lands and
an "equitable share of the harvest"
to our landless farmers, in line with
the
Department
of
Agrarian
Reform's forthcoming celebration
of the 30th anniversary of the
passage into law of Republic Act No. 6657, otherwise
known as the Comprehensive Agrarian Reform Law
(CARL) of 1988.
While the objectives of CARL have yet to be fully
realized, much has been achieved in terms of breaking
down the foothold of landlordism, as well as pernicious
institutional restraints and practices which for decades
have enslaved and shackled our impoverished farmers
and their corresponding farm households.
But even as we look forward with greater optimism to
completing the remaining task of redistributing the
remaining agricultural lands subject of the CARP, we carry
on our task of providing support services to our farmer
beneficiaries so that they can effectively stave off the
fetters of serfdom which their class worked so arduously to
escape from
O
96
AGRARIAN REFORM LAW: BASTION OF SOCIAL JUSTICE
(e) Build-Operate-Transfer (BOT) Scheme.
11.11.
Essence of Agribusiness
rangements
135
Venture
Ar-
Consistent with the objective of RA 7905,136 agribusiness venture arrangements are aimed at:
ultural produc(a) optimizing the operating size for agric
tion; and
d secu(b) promoting agricultural security of tenure an
rity of income to beneficiaries.137
CHAPTER III
Improvement of Tenurial and Labor Relations
In orSection 12. Determination of Lease Rentals. —
conomic
der to protect and improve the tenurial and e
retention
status of the farmers in tenanted lands under the
e DAR is
limit and lands not yet acquired under this Act, th
he lease rentmandated to determine and fix immediately t
als thereof in accordance with Section 34 of Republic Act
all immeNo. 3844, as amended: Provided, that the DAR sh
ental strucdiately and periodically review and adjust the r
ture for different crops, including rice and corn, or d ifferent
ons of
regions in order to improve progressively the conditi
the farmer, tenant or lessee.
REPUBLIC ACT NO. 6657 (THE COMPREHENSIVE AGRARIAN
REFORM LAW OF 1988, AS AMENDED)
97
the average normal harvest during the three (3) agricultural
years138 immediately preceding the date the leasehold was
established after deducting the amount used for seeds and
the cost of harvesting, threshing, loading, hauling and processing, whichever are applicable, pursuant to RA 3844.
12.2.
Determination and fixing of lease rentals
by DAR through MARO
In order to protect and improve the tenurial and economic status of the farmers in (a) tenanted lands under the
retention limit, and (b) lands not yet acquired under the
CARL, the DAR is mandated to determine and fix immediately
the lease rentals thereof in accordance with Section 34 of
Republic Act No. 3844, as amended (Consideration for the
Lease of Riceland and Lands Devoted to Other Crops): Provided, that the DAR shall immediately and periodically review
and adjust the rental structure for different crops, including
rice and corn, or different regions in order to improve progressively the conditions of the farmer, tenant or lessee.
The fixing of lease rental is a regular function of the Municipal Agrarian Reform Officer (MARO).
12.3.
Obligation of agricultural-lessee to pay
lease rental
Under the agricultural leasehold operations, it is the obilliition of the agricultural-lessee139 to pay the lease rental to
SECTION 12. DETERMINATION OF LEASE RENTALS.
12.1. Lease rental defined
y the
Lease rental refers to the value of rent to be paid b
shall not
agricultural-lessee to the agricultural-lessor which
ent (25%) of
be more than the equivalent of twenty-five perc
'8 Agricultural Year refers to the period of time required for raising a parIlcular
product, including the preparation of the land, sowing, planting
and harvesting of crops and, whenever applicable, threshing of said crops: Provided, however, That in case of crops yielding more than one harvest from planting, "agricultural year" shall be the period from the preparation of the land to the
first harvest and thereafter, from harvest to harvest. In both cases, the period may
he shorter or longer than the calendar year (Sec. 166 (4), RA 3844).
119Agricultural-Lessee refers to a person who, by himself and with the aid
135
See Glossary of Terms
136 Entitled
An Act Strengthening the Impleme
sive Agrarian Reform Program, and for Other Purposes"
137 Sec. 30(d), DAR AO 09-98
ntation of the Comprehen
available from within his immediate farm household, cultivates the land, belonging to or possessed by another, with the latter's consent for purposes of production, for a price certain in money or in produce or both. It is distinguished from civil
Insane as understood in the Civil Code of the Philippines. (Sec. 166 (2), RA 3844).
USTICE
AGRARIAN REFORM LAW: BASTION OF SOCIAL J
98
ed in the
the agricultural-lessor140 when it falls due as embodi
al lease rental
agricultural leasehold contract or provision
es.14"
(PLR) pursuant to RA 3844 and DAR existing guidelin
12.4. Agricultural leasehold contract defined
Agricultural Leasehold Contract is a tenurial a rrangebetween
ment, whether written or verbal, express or implied,
he forthe agricultural-lessor and agricultural-lessee where t
of piece of
mer consents to the latter's personal cultivation
agricultural land in consideration of a fixed rental e ither in
money or produce or both.142 It also refers to a written tenuetween
rial arrangement, in the form prescribed by the DAR, b
esaid
the lessor-landholder and lessee-farmer containing afor
terms or agreement.
12.5. Provisional lease rental defined
reProvisional Lease Rental (PLR) refers to a document
isflecting the lease rental payment which is prepared and
m Officer
sued by the Municipal Agrarian Reform Progra
cial
(MARPO) and subject to the affirmation of the Provin
nt is
Agrarian Reform Program Officer (PARPO). This docume
uralprepared in case of disagreement between the agricult
lessor and agricultural-lessee on the administrative find ings
ntal payon the existence of tenancy and fixing of lease re
ment based on records filed at DAR.143
12.6. Lease rental to be paid by all agricultural
lessees
e than
The consideration for the lease shall not be mor
the equivalent of twenty five percent (25%) of the average
REPUBLIC ACT NO. 6657 (THE COMPREHENSIVE AGRARIAN
REFORM LAW OF 1988, AS AMENDED)
normal harvest (ANH) during the three
(3) agricultural years
immediately preceding the date the lease was established. If
the land has been cultivated for less wan three (3) years, the
initial consideration shall be based on the average normal
harvest of the preceding year/s when the land was actually
cultivated.
If the land has been cultivated for a period of less than
three (3) years, the initial consideration shall be based on the
average normal harvest during the preceding years when the
land was actually cultivated, or on the harvest of the first year
in the case of newly cultivated lands, if that harvest is normal.'"
For auxiliary crops,145 the lease shall not be more than
the equivalent of twenty percent (20%) following the principles provided for principal crops146 on the use of average
normal harvest provided that all expenses shall be borne by
the tenant pursuant to Section 30, R.A. 1199, as amended
After the lapse of the first three (3) normal harvests, the
final consideration shall be based on the average normal
lidrvest during these three (3) preceding agricultural years.147
12.7. Remedy where agricultural-lessor refuses
to accept or fails to receive the lease
rental payments from tenant-lessee
In case the agricultural-lessor refuses to accept or fails
In receive the lease rental payments from the tenant-lessee,
Ilia DAR, through its effort, shall provide an effective mechato facilitate the collection and deposit of lease rental
144
or juridical, who, either as
140Agricultural-Lessor refers to a person, natural
ts or grants to another
owner, civil law lessee, usufructuary, or legal possessor, le
the cultivation and the use of his land for a price certain . (Sec. 166 (3), RA 3844).
141 Sec.
3.1 DAR AO 05-16
142
Sec.
2.1 DAR AO 05-16
Sec.
2.7 DAR AO 05-16
143
99
Sec. 34, 1st proviso, RA 3844
14fi Auxiliary crops refer to products raised other than the crop to which the
ullIvation of the land is principally devoted in each agricultural year, and excluding the produce of the homelot (Sec. 2 (5) (r), RA 2263).
1" Principal crops refer to products raised from dominant cultivation or use
sit 11117 land and harvested on a regular basis.
' ' Sec. 34. 2".1 proviso, ItA 3844
100
AGRARIAN REFORM LAW: BASTION OF SOCIAL JUSTICE
payments, and withdrawals therefrom in a Checkless Interest-Bearing Current Account (IBCA)148 in the name of the
agricultural-lessor by: (Name of agricultural-lessee) as specified in the Order to open the account issued by the Provincial
Agrarian Reform Program Officer (PARPO) in cases of nonlitigated landholdings.
For litigated landholdings, the account shall be opened
under the name of the litigant of the case or case number as
contained in the order of the proper Adjudicator or DARAB or
regular court.
12.8. Non-litigated and litigated landholdings
defined
Non-litigated landholdings refer to landholdings which
have no pending case filed or referred to the Adjudicator or to
the DARAB. Litigated landholdings, on the other hand, are
those landholdings which have pending cases filed by either
the agricultural lessees149 or the agricultural lessors15° or
due to the pendency of cases filed before the Adjudicator/DARAB or regular court.
12.9.
REPUBLIC ACT NO. 6657 (THE COMPREHENSIVE AGRARIAN
REFORM LAW OF 1988, AS AMENDED)
101
by the agricultural-lessee for deposit to the checkless IBCA,
maintain the account in favor of the agricultural-lessor, and
to facilitate or allow withdrawals therefrom.151
In general, all lease rental payments made by the agricultural-lessee, whether covered by agricultural leasehold
contract or PLR, shall be deposited with the nearest LBP
branch in the locality or LBP branch convenient to the agricultural-lessee as designated in Section 3.2 of DAR Administrative Order No. 05-16.152
12.10. Features of 1BCA
Exclusively for DAR Lease Rental, as approved by the
LBP, the features of the IBCA, which may change subject to
LBP guidelines, are as follows:
(a)
It requires no initial deposit and maintaining balance;
(b) It earns interest of 0.25% per annum (subject to
20% withholding tax) if the average daily balance of
the account is P20,000.00 and above;
(c) It is not subject to inter-branch charges;
LBP authorized to accept or receive lease
rental payments from agricultural-lessee
Upon order of the PARPO or proper Adjudicator or DARAB
or regular court, the LBP, as the financial intermediary for the
Comprehensive Agrarian Reform Program (CARP), shall be
authorized to accept or receive lease rental payments made
(d) It is non-drawing, which means that withdrawal shall
be subject to presentation of Order from DARPARPO, Adjudicator or Board or regular court,
whichever is applicable; and
(e)
It is not subject to dormancy fee or automatic clo-
sure.153
148 Checkless IBCA is an 1BCA opened without issuance of a checkbook to
the account holder. Withdrawals are made over-the-counter.
149 Persons who, by themselves and with the aid available from within their
immediate farm households, cultivate the land, belonging to or possessed by
another, with the latter's consent for purposes of production, for a price certain in
money or in produce or both. It is distinguished from civil lessee as understood in
the Civil Code of the Philippines.
150 Persons, natural or juridical, who, either as owners, civil law
usufructuaries, or legal possessors, let or grant to another the cultivation
use of their lands for a price certain.
12.11. Lease rental payments in kind
Lease rental payments in kind may be deposited with
a
bonded warehouse to avoid spoilage or may be sold and
con-
lessees,
and the
^I Sec. 3.4, DAR AO 05-06
1") Sec,
3.5, DAR AO 05-06
'Sec.
3.3,
DAR AO 05 06
102
REPUBLIC ACT NO. 6657 (THE COMPREHENSIVE AGRARIAN
REFORM LAW OF 1988, AS AMENDED)
AGRARIAN REFORM LAW: BASTION OF SOCIAL JUSTICE
Section 13 of the CARL mandates every enterprise
adopting the scheme provided for in Section 32 of the CARL
or operating under a production venture, lease, management
contract or other similar arrangement and any farm covered
by Sections 8 and 11 thereof to execute within ninety (90)
clays from the effectivity of the CARL, a production-sharing
plan, under guidelines prescribed by the appropriate government agency.
verted to cash by the agricultural-lessee in order to facil itate
LBP
the deposit of the lease rental payments with the nearest
e agriculbranch in the locality or LBP branch convenient to th
tu ral-lessee.
In case the lessee pays the fees and charges of the
warehouse, or in case the said fees and charges are deorm
ducted from the deposited produce, then these shall f
turalpart of the rental payment by the lessee. The agricul
r DAR
lessee shall notify the DAR Municipal Office (DARMO) o
Provincial Office (DARPO) concerned, agricultural-lessor, and
the Barangay Agrarian Reform Committee (BARC) or Barangay Council, as may be applicable.154
Section 13. Production-Sharing Plan. — Any enterprise adopting the scheme provided for in Section 32 or
ent
operating under a production venture, lease, managem
contract or other similar arrangement and any farm covered by Sections 8 and 11 hereof is hereby mandated to
execute within ninety (90) days from the effectivity of this
Act, a production-sharing plan, under guidelines prescribed
by the appropriate government agency.
Nothing herein shall be construed to sanction the
diminution of any benefits such as salaries, bonuses,
leaves and working conditions granted to the employeebeneficiaries under existing laws, agreements, and vo luntary practice by the enterprise, nor shall the enterprise and
its employee-beneficiaries be prevented from entering into
any agreement with terms more favorable to the latter.
SECTION 13. PRODUCTION-SHARING PLAN.
13.1.
Execution of a production-sharing plan;
when mandatory
154 Sec.
3.6, DAR AO 05-06
103
13.2. Production and profit sharing.
Production and profit sharing is an interim arrangement
under which corporate farms which operate pursuant to a
lease or management contract with more than P5 million
.innual gross sales are obliged to execute production and
profit sharing plans with their farm workers. It also covers
corporate agricultural landowners which availed themselves
of commercial farm deferment under Section 11 of the CARL.
13.3. Non-diminution of benefits
Pi
Nothing in Section 13 of the CARL shall be construed to
..inction the diminution of any benefits such as salaries, bo'wises, leaves and working conditions granted to the employee-beneficiaries under existing laws, agreements, and
voluntary practice by the enterprise, nor shall the enterprise
rind its employee-beneficiaries be prevented from entering
Imo any agreement with terms more favorable to the latter.
Note:
Section 13 of RA 6657, insofar as the inclusion of the
rat%Ing of livestock, poultry and swine in its coverage, as well
riti the Implementing Rules and Guidelines promulgated in
nrcordance therewith, was declared by the Supreme Court
will kind void for being unconstitutional.155
LI/
Farms v. Secretary of DAR, GR 86889. Dec. 4, 1990, 192 SCRA 51
104
AGRARIAN REFORM LAW: BASTION OF SOCIAL JUSTICE
13.4. Production-sharing plan mandated under
Section 13 fleshed out in Section 32 of
CARL
The production-sharing plan mentioned in Section 13 of
the CARL is spelled out under Section 32 thereof which provides:
x x x (W)hereby three percent (3%) of the gross
sales from the production of such lands are distributed within sixty (60) days at the end of the fiscal
year as compensation to regular and other farmworkers in such lands over and above the compensation they currently receive: Provided, That these
individuals or entities realize gross sales in excess
of five million pesos per annum unless the DAR,
upon proper application, determines a lower ceiling.
"In the event that the individual or entity realizes a profit, an additional ten percent (10%) of the
net profit after tax shall be distributed to said regular and other farmworkers within ninety (90) days of
the end of the fiscal year. x x x."
CHAPTER IV
Registration
Section 14. Registration of Landowners. — Within one
hundred eighty (180) days from the effectivity of this Act, all
persons, natural or juridical, including government entities,
that own or claim to own agricultural lands, whether in their
names or in the name of others, except those who have already registered pursuant to Executive Order No. 229, who
shall be entitled to such incentives as may be provided for
the PARC, shall file a sworn statement in the proper assessor's office in the form to be prescribed by the DAR, stating
the following information:
REPUBLIC ACT NO. 6657 (THE COMPREHENSIVE AGRARIAN
REFORM LAW OF 1988, AS AMENDED)
105
(a) the description and area of the property;
(b) the average gross income from the property for at
least three (3) years;
(c) the names of all tenants and farmworkers therein;
(d) the crops planted in the property and the area covered by each crop as of June 1, 1987;
(e) the terms of mortgages, lease, and management
contracts subsisting as of June 1, 1987, and
(f) the latest declared market value of the land as determined by the city or provincial assessor.
SECTION 14. REGISTRATION OF LANDOWNERS.
14.1
Filing by landowners of sworn statements
in local assessor's office
All persons, natural or juridical, including government
entities, that own or claim to own agricultural lands, whether in
their names or in the name of others, except those who
have already registered pursuant to Executive Order No.
229,156 who shall be entitled to such incentives as may be
provided for the PARC, are required to file, within one hundred eighty (180) days from the effectivity of the CARL, a
.,worn statement in the proper assessor's office in the form to
he prescribed by the DAR, stating the following information:
(a) the description and area of the property;
(b)
the average gross income from the property for at
least three (3) years;
(c) the names of all tenants and farmworkers therein;
(d) the crops planted in the property and the area covered by each crop as of June 1, 1987;
." Entitled "Providing the Mechanisms for the Implementation of the Corn!HIM(/' itiive Agrarian Reform Program" and signed into law on July 22, 1987
106
AGRARIAN REFORM LAW: BASTION OF SOCIAL JUSTICE
anagement
(e) the terms of mortgages, lease, and m
contracts subsisting as of June 1, 1987, and
as de(f) the latest declared market value of the land
termined by the city or provincial assessor.
14.2 Purpose of registration
eir
The requirement of registration of landowners and th
shment of
landholdings is basically geared towards the establi
a
ricultural
comprehensive
database and
inventory of ag
which
lands which may possibly be covered by the CARL and
n of
record will be a big help in the effective implementatio
the agrarian reform program.
Section 15. Registration of Beneficiaries. — The DAR
in coordination with the Barangay Agrarian Reform Commitricultee (BARC) as organized in this Act, shall register all ag
to
tural lessees, tenants and farmworkers who are qualified
be beneficiaries of the CARP. These potential beneficia ries
with the assistance of the BARC and the DAR shall provide
the following data:
(a) names
household;
and
members of their immediate farm
(b) owners or administrators of the lands they work
and the length of tenurial relationship;
on
REPUBLIC ACT NO. 6657 (THE COMPREHENSIVE AGRARIAN
REFORM LAW OF 1988, AS AMENDED)
107
SECTION 15. REGISTRATION OF BENEFICIARIES.
15.1. BARC to register potential CARP beneficiaries
In coordination with the Barangay Agrarian Reform
Committee (BARC) as organized in the CARL, the DAR shall
register all agricultural lessees, tenants and farmworkers who
are qualified to be beneficiaries of the CARP. These potential
beneficiaries with the assistance of the BARC and the DAR
shall provide the following data:
(a) names and members of their immediate farm
household;
(b) owners or administrators of the lands they work on
and the length of tenurial relationship;
(c) location and area of the land they work;
(d) crops planted; and
(e) their share in the harvest or amount of rental paid
or wages received.
A copy of the registry or list of all potential CARP benefihiries in the barangay shall be posted in the barangay hall,
.r.11ool or other public buildings in the barangay where it shall
Ill
open to inspection by the public at all reasonable
iours.157
(c) location and area of the land they work;
15.2. Coverage
(d) crops planted; and
The registration shall cover all agricultural lessees, share
ii.nants and farmworkers of all public and private agricultural
'duds planted to rice, corn and all other crops, who are quailhod to be beneficiaries of the CARP as defined under Section
.1.1, Chapter VII of the CARL as follows:
(e) their share in the harvest or amount of rental pa id
or wages received.
neA copy of the registry or list of all potential CARP be
ngay
ficiaries in the barangay shall be posted in the bara
hall, school or other public buildings in the barangay where
le
it shall be open to inspection by the public at all reasonab
hours.
(1) Agricultural lessees and share tenants;
(2) Regular farmworkers;
Sec. 15, RA 665
108
AGRARIAN REFORM LAW: BASTION OF SOCIAL
JUSTICE
15.5.
(3)
Seasonal farmworkers;
(4)
Other farmworkers;
(5)
Actual tillers or occupants of public lands ;
beneficiaries;
Collectives or cooperatives of above
and
(6)
(7)
Others directly working on the lands, prov ided that
fied under
the children of landowners who are quali
Section 6 of the CARL shall likewise be registered.1-58
15.3. Excluded from registration
The following are excluded from registration:
o.
(a) Beneficiaries under Presidential Decree N 27 who
ned their
have culpably sold, disposed of, or abando
lands; and
The CARL is specific in its requirements for registering
qualified beneficiaries. Those who have not been identified
and registered as qualified beneficiaries are not real partiesin-interest.1-61
Thus, for a particular land and its farmers, farmworkers,
tillers, etc. to be covered under the CARL, two (2) requisites
must concur: first, the land should be covered by the corresponding Notice of Coverage (NOC); 162 and second, the beneficiaries must be qualified and registered by the DAR, in coordination with the BARC; copy of the BARC list or registry
must be posted163 in accordance with the guidelines established by the Presidential Agrarian Reform Council (PARC). 164
Its specific objectives include the following:
(1)
Identification of the actual and potential farmerbeneficiaries of the CARP;
(2) Establishment of baseline data and information for
validation with the data reported by the landowners
in their sworn statements; and
1r' Sumalo Homeowners Association of Hermosa, Bataan v. Litton, GR
101061. Aug. 31, 2006, 500 SCRA 385
DAR AO 10-89
I") See Chapter V of RA 6657
159 Ibid.
Samahan ng Magsasaka at Mangingisda ng Sitlo Naswe,
SCRA 573
(SAMMANA), v. Tan. GR 196028. April 18. 2016. 789
Registration of qualified beneficiaries an
indispensable requisite
The registration of beneficiaries is generally aimed at
I ieveloping a data bank of potential and qualified beneficiarof the CARP for the effective implementation of the program.
ualiA claimant may fall under one of the categories of q
fied beneficiaries as enumerated under Section 22 of the
rantee
CARL, but he or she does not automatically become a g
of
s that not
the covered land. The CARL specifically require
he or she
only must he or she be a qualified beneficiary,
nd registered as
must, above everything else, be identified a
such in accordance with the procedures and guide lines laid
out in the law and applicable rules.1-6°
160
109
15.6. Objectives of registration
(b) Landowners or beneficiaries under P.D. 27 who alt least
ready own or have already been awarded a
three (3) hectares of land under said law.159
enti15.4. Need for qualified beneficiary to be id
fied and registered
158
REPUBLIC ACT NO. 6657 (THE COMPREHENSIVE AGRARIAN
REFORM LAW OF 1988, AS AMENDED)
Inc.
See Secs. 15 and 47 of RA 6657
1" See Sec. 7 of RA 6657
TICE
AGRARIAN REFORM LAW: BASTION OF SOCIAL JUS
110
REPUBLIC ACT NO. 6657 THE COMPREHENSIVE AGRARIAN
REFORM LAW OF 1988, AS AMENDED)
g and develop(3) Gathering of basic data for plannin
ficiaries.165
ment of programs in support of the bene
the just compensation for the land, within fifteen
(15) days
from the receipt of the notice. After the expiration of the
above period, the matter is deemed submitted for decision.
The DAR shall decide the case within thirty (30) days after it is
submitted for decision.
CHAPTER V
Land Acquisition
istribuSection 16. Procedure for Acquisition and D
acquisition of prition of Private Lands. — For purposes of
vate lands, the following procedures shall be fo llowed:
ners and
(a) After having identified the land, the landow
otice to acquire
the beneficiaries, the DAR shall send its n
the land to the owners thereof, by personal de livery or registered mail, and post the same in a consp icuous place in
place where
the municipal building and barangay hall of the
the property is located. Said notice shall conta in the offer of
cordance with
the DAR to pay a corresponding value in ac
the valuation set forth in Sections 17, 18, and other perti-
nent provisions hereof.
eceipt of
(b) Within thirty (30) days from the date of r
ail, the
written notice by personal delivery or registered m
inform
landowner, his administrator or representative shall
the DAR of his acceptance or rejection of the offer.
AR, the
(c) If the landowner accepts the offer of the D
landowner
Land Bank of the Philippines (LBP) shall pay the
the purchase price of the land within thirty (30) days after
f the
he executes and delivers a deed of transfer in favor o
Title and
government and surrenders the Certificate of
other muniments of title.
all
(d) In case of rejection or failure to reply, the DAR sh
etermine
conduct summary administrative proceedings to d
the
the compensation for the land requiring the landowner,
to
LBP and other interested parties to submit evidence as
165 Art.
II, DAR AO 10-89
111
ii
I
(e) Upon receipt by the landowner of the corresponding
payment or, in case of rejection or no response from the
landowner, upon the deposit with an accessible bank designated by the DAR of the compensation in cash or in LBP
bonds in accordance with this Act, the DAR shall take immediate possession of the land and shall request the
proper Register of Deeds to issue a Transfer Certificate of
Title (TCT) in the name of the Republic of the Philippines.
The DAR shall thereafter proceed with the redistribution of
the land to the qualified beneficiaries.
(f)
Any party who disagrees with the decision may
bring the matter to the court of proper jurisdiction for final
determination of just compensation. [As amended by Sec.
6, RA 9700].
SECTION 16. PROCEDURE
FOR
ACOUISITION
DISTRIBUTION OF PRIVATE LANDS.
AND
16.1. Procedure for acquisition and distribution
of private lands
Originally titled under Section 16 of the CARL as "Procedure for Acquisition of Private Lands," this provision was
amended by Section 6 of RA 9700 (CARPER) such that its
iit.w title, as revised, is now "Procedure for Acquisition and
166
Iii.,tribution of Private Lands. "
Under said Section 16 of the CARL, the following procedines, for purposes of acquisition [and distribution] of private
Iruitk, shall be followed:
I" Sec. 16, RA 6657