Professional Documents
Culture Documents
2010Unit
Land Rights-ARRD
Initiatives for Dialogue and Empowerment through
Alternative Legal Services (IDEALS), Inc.
ADVANCED CARP
A GUIDE TO REPUBLIC ACT No. 9700
IDEALS encourages the use of this book with appropriate credit given to the author and the
publisher. The content of this book may be reproduced by civil society groups for non-
commercial purposes only. Any use of this book for commercial purposes by any means,
electronic or mechanical, including photocopying, recording, or by information storage or
retrieval system requires permission from IDEALS.
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The publication of this book is made possible with the assistance of the
Inter Church Organisation for Development Cooperation (ICCO)
and the Agrarian Justice Foundation, Inc. (AJFI)
2
MESSAGE
We envision a country where the agrarian reform program has succeeded in bringing
about genuine social justice as evidenced by ARBs in the peaceful and productive
possession of the lands awarded to them under the agrarian reform program.
To this end, the Foundation provides financial support for the legal expenses of
deserving ARBs who are facing legal battles due to cases filed against them (part of
harassment techniques being used by landowner against the farmers), or because of the
ignorance of the provisions of the agrarian laws, by either or both of the parties involved
in the case and/or by the administrators of justice themselves.
3
A better facilitation of our interventions and advocacies requires the full understanding
and interpretation of the agrarian reform program of the country: that being Republic
Act No. 6657, as most recently amended by Republic Act No. 9700, signed into law last
August 2009. R.A. No. 9700 features reforms that explicitly discuss the creation of the
Congressional Oversight Committee on Agrarian Reform (COCAR), land-use conversion
tactics of landowners, referral of cases to the DAR, among others, and takes lessons from
the case of the Sumilao Farmers. This legislation hints at a wider legal playing field for
beneficiaries and advocates alike, one that we must use to its full potential.
Hence, we would like to commend the Land Rights Agrarian Reform and Rural
Development Unit of IDEALS, Inc. in their effort to contribute to a better
comprehension of R.A. 9700 through this primer. It is the first of its kind, thus far, that
is able to methodically discuss the salient features of the new law, referring as well to the
previous agrarian reform programs of the government. It is with great honor that the
AJFI supports this endeavor which we believe will lead to a more effective
implementation of the agrarian reform program and accelerate rural development and
poverty alleviation in our country.
WIGBERTO E. TAADA
President
Agrarian Justice Foundation, Inc.
4
FOREWORD
At the heart of the Filipino historical struggle for social justice is the peasant clamor for
equitable distribution of farm lands that tillages should first and foremost be for men-
and women-tillers! After centuries of this peasant fight for agrarian reform, victory
remains to be very far from sight. Thus, the push for the passage of the Comprehensive
Agrarian Reform Program Extension with Reforms (CARPer) or Republic Act No. 9700
in 2009, which extends to five more years the implementation of the Comprehensive
Agrarian Reform Law (CARL) of 1988 with added key provisions that address the
weaknesses of the former law.
Being the current primary legal venue for the pursuance of agrarian reform after CARL,
R.A. 9700 needs to be reviewed and its potentials and limitations understood. This is
what ADVANCED CARP seeks to do. This primer purports to facilitate a greater
understanding of the new law.
CONTENTS
Introduction
6
G Provisions Introduced by RA 9700 Relating to Support
Services
H Provisions of the New Law Relating to Agrarian
Justice
E Land Distribution
7
A GUIDE TO REPUBLIC ACT NO. 9700
Republic Act No. 9700
AN ACT STRENGTHENING
INTRODUCTION THE COMPREHENSIVE
AGRARIAN REFORM
PROGRAM (CARP),
On August 7, 2009, Republic Act (RA) No. EXTENDING THE
9700, more commonly known as the ACQUISITION AND
Comprehensive Agrarian Reform Program DISTRIBUTION OF ALL
Extension with Reforms (CARPER)1 Act, was AGRICULTURAL LANDS,
signed into law. Introducing substantial INSTITUTING NECESSARY
REFORMS, AMENDING
amendments to RA No. 6657, the Comprehensive
FOR THE PURPOSE
Agrarian Reform Law of 19882 (as amended), RA CERTAIN PROVISIONS OF
No. 9700 was passed not to create a new program REPUBLIC ACT NO. 6657,
but to build on and /or enhance the former. As OTHERWISE KNOWN AS
the title of the new enactment indicates, RA 9700 THE COMPREHENSIVE
authorized further appropriations for the AGRARIAN REFORM LAW
OF 1988, AS AMENDED,
Comprehensive Agrarian Reform Program
AND APPROPRIATING
(CARP) and, at least for the most part, instituted FUNDS THEREFOR
reforms to facilitate program implementation. The
law also set up mechanisms that will help ensure ---
that it is properly and effectively implemented.
Approved by President Gloria
Macapagal-Arroyo on August
This material is an effort to present the salient 7, 2009, this Act, a
features of the RA 9700. The provisions of the consolidation of Senate Bill
law amending sections of RA 6657 will be No. 2666 and House Bill
specifically pointed out even as the author No.4077 was finally passed by
ventures to describe the essence of the the Senate and the House of
Representatives on August 3,
amendments, particularly the ones that are more
2009 and July 29, 2009,
critical, contentious, or both. respectively.
1 The law does not itself provide for the short name CARPER but was given such nickname by
agrarian reform advocates.
PART I.
PRINCIPAL FEATURES OF RA 9700
9
RA 9700 is an important piece of legislation and is considered by
agrarian reform advocates as a necessary measure to re-invigorate a program
that has been weakened by implementation shortfalls. The proper
implementation of RA 9700 is therefore critical and it is reassuring that the
law has itself provided for measures to facilitate this. These include provisions
of the new law that introduced improvements in certain CARP processes. In
addition, RA 9700 provided for means and institutionalized mechanisms
external to these processes that are clearly designed to help ensure the laws
proper implementation. The establishment of the Congressional Oversight
Committee for Agrarian Reform (COCAR) and a provision touching on access
to information are a part of such means and mechanisms.
At any rate, the laws provision for the additional PhP 150 billion for
CARP is considered a major boost to the program. Without it, securing the
required funding to implement CARP would have been something that has to
be struggled out during the annual general appropriations process, rendering
the programs implementation difficult and uncertain, to say the least.
10
3. ASSUMING RA 9700 HAS NOT BEEN ENACTED, MAY THE CARP STILL BE
IMPLEMENTED BEYOND THE TIME-FRAME PROVIDED BY RA 6657 AND
LATER BY RA NO. 85323 (commonly known as the CARP Augmentation
Act)?
It must be stressed that the said DOJ Opinion also indicated that the
authors of RA 6657 intended a no-time frame formula with respect to the
implementation of the agrarian reform program, particularly as regards its land
distribution component. The pertinent portion of the DOJ Opinion states:
3 RA No. 8532: An Act Strengthening Further the Comprehensive Agrarian Reform Program
(CARP), By Providing Augmentation Fund Therefor, Amending for the Purpose Section 63 of
Republic Act No. 6657, Otherwise Known as "The CARP Law Of 1988" (enacted February 1998)
11
of authority in the absence of a more categorical language
providing to that effect. This is made clear in the Bicameral
Conference Committee Report for R.A. No. 6657, viz:
12
4. WHAT ARE THE SALIENT CHANGES INTRODUCED BY REPUBLIC ACT
NO. 9700 TO THE CARP LAW (OF 1988)?
13
a.3. Affirming the need to give due regard to the retention rights of
the landowner in the program for the equitable distribution and
ownership of land (in addition to the previously specified considerations
of due regard to landowners compensation and the ecological needs of
the nation);
a.5. Affirming the rights of rural women to own and control land or to
receive a just share in the fruits thereof, to qualify as beneficiaries of
agrarian reform, and to be represented in advisory or appropriate
decision-making bodies.
RA 9700 provides that the CIS must be in consonance with the national
land use plan and instituted in accordance with the Local Government
Code, within one (1) year from the new laws effectivity. However, the
same shall be without prejudice to the implementation of the land
acquisition and distribution program component of agrarian reform.
4 Neither RA 9700 nor RA 6657, as amended, provides for definition of the phrases irrigated
lands and irrigable lands. The same is true as regards DAR AO No. 2, S. 2009 (Rules and
Procedures Governing the Acquisition and Distribution of Agricultural Lands under Republic Act
(R.A.) No. 6657, as amended by R.A. No. 9700). Even so, the DAR has an existing administrative
order on Land Use Conversion AO No. 1, S. 2002 which does provide respective definitions
for the said concepts. We opine that these definitions should be applied or at least serve as a
standard in ascertaining whether lands are irrigated or irrigable. Thus:
(a) "Irrigated Land" refers to lands serviced by natural irrigation or irrigation facilities. This
includes lands where water is not readily available because existing irrigation facilities need
rehabilitation or upgrading or where irrigation water is not available year-round.;
(b) "Irrigable Land" refers to land displaying marked characteristics justifying the operation of
an irrigation system.
It should be noted that RA No. 8435 (1997) otherwise known as the "Agriculture and
Fisheries Modernization Act of 1997" or AFMA defined the phrases irrigated lands and
irrigable lands and that the definition given to the said phrases are the same as that found in the
DAR guidelines on conversion.
16
The legislative prohibition against the conversion of irrigated and
irrigable lands strengthens certain prescriptions against land use
conversion under RA No. 8435 (1997) otherwise known as the
"Agriculture and Fisheries Modernization Act of 1997" or AFMA. It also
affirms, as well as lends stability, to the prohibition against conversion of
irrigated and irrigable lands found in presidential and department
regulations.5 As to the laws prohibition against conversion of irrigable
lands, it should be noted that the same, being without any qualification,
is more restrictive than the prohibition under certain administrative
regulations, which prohibit the conversion of irrigable lands provided
these are covered by irrigation projects with firm funding commitments.6
d.3. Prescription for the automatic coverage of the land approved for
conversion upon failure to implement the conversion plan or for any
violation of the conversion order (or the provision on automatic
reversion to agricultural status). Another progressive innovation of
RA 9700, the rule is explicit that the land approved for conversion shall
be automatically covered by CARP when:
(a) there is failure to implement the conversion plan within five (5)
years from the approval of such conversion plan; or
5 Including Presidential Administrative Order No. 20, Series of 1992 or the Interim Guidelines
on Agricultural Land Use Conversion, DAR AO 1, Series of 2002 and precursor department
administrative orders on Land Conversion
6 Ibid.
17
d.4. Landowners application / coverage of application for
conversion, qualified. Section 22 of RA 9700 retained the provision
in Section 65 of RA 6657 that the DAR may authorize the
reclassification or conversion of the land and its disposition upon the
application of farmer-beneficiaries or landowners. However, Section
22 inserts the qualification that the landowners application is with
respect only to his/her retained area which is tenanted.
18
d.6. Applicant-beneficiary required to make full payment of the price
of the land upon conversion. Section 22 further provides that the
applicant shall, upon conversion, fully pay the price of the land. Full
payment may thus be made after the DAR approves/ authorizes the
conversion or upon conversion. This is a departure from the
provision in Section 65 of RA 6657 which requires that the beneficiary
shall have fully paid his obligation as a (pre)condition for the approval
of the application. As it is, the more relaxed requirement on the full
payment of the price of the land under Section 22 is the prevailing rule,
Section 65 of RA 6657 having been accordingly amended by Section 22
of RA 9700.
19
e.1. Provision that landholdings of landowners with a total of five (5)
hectares and below shall not be covered for acquisition and
distribution to qualified beneficiaries (Sec. 4, RA 6657, as amended by
RA 9700.)
20
e.4.2. Mandate for the submission of a comprehensive study on
appropriate land sizes per crop. While maintaining the
original provisions on retention and ownership limits, the DAR is
nevertheless directed to submit a comprehensive study on the land
size appropriate for each type of crop to Congress. The study shall
be for purposes of a possible review of the limits of land sizes for
retention/ ownership provided in the CARP law. (Sec. 6-B, RA
6657, as amended by RA 9700)
21
e.7. Provision directing the distribution of parcels of a landholding
first to qualified tenants/lessees and regular farmworkers up to a
maximum of three (3) hectares each and prescribing that only when
these beneficiaries have received the maximum area shall the
remaining portion of the landholding, if any, be distributed to other
beneficiaries under Section 22 of RA 6657, as amended.7 (Sec. 22-A,
RA 6657, as amended by RA 9700
7 Section 22 of RA 6657 lists the different types of tillers who may qualify as beneficiaries, as
follows:
(a) agricultural lessees and share tenants ;
(b) regular farm workers ;
(c) seasonal farm workers ;
(d) other farm workers ;
(e) actual tillers or occupants of public lands;
(f) collective or cooperatives of the above beneficiaries ; and
(g) others directly working on the land.
22
the award to be completed within 180 days from the date of registration
of the title in the name of the Republic of the Philippines.
The change lends more certainty as to the reckoning point from where
the 180 days should be counted. The date of registration is indicated on
the RP title itself. On the other hand, experience has shown that the
taking of possession8 by the DAR of the land subject to LAD (the
previous reckoning point) rarely happens. Moreover, with the RA 9700
provision on the ministerial function of the ROD to issue/ register RP
titles (and CLOAs, etc.), there is now greater assurance that the RP titles
registration will be completed within a reasonable time.
1. Within five (5) days from the receipt of the Certification of Deposit issued by the Land Bank of the
Philippines (LBP), the Provincial Agrarian Reform Officer (PARO) shall simultaneously: (1.1) request
the Register of Deeds (ROD) to issue Transfer Certificate of Title (TCT) in the name of the Republic of
the Philippines (RP) for titled properties xxx; (1.2) instruct the Municipal Agrarian Reform Officer
(MARO), of the place where the property is located, to take possession of the property for titled and
untitled properties; and (1.3) advise the LO that the property has, for all intents and purposes, been
acquired by the state pursuant to the law and that the DAR shall accordingly take possession thereof
and inform him/her of his/her rights to harvest standing crops, if any, within a reasonable time (CARP-
LA Form No. 7) xxx; 2. The DARMO shall: 2.1. Within five (5) days from receipt of the PAROs
instruction, conduct an ocular inspection of the property or any other acts to take possession of the
same and determine the existence of standing crops, or harvestable crops, if any. The taking of
possession shall be evidenced by, among others, pictures taken showing the identifiable landmarks of
the property and standing crops or unharvestable crops, if any, which shall be integral to the ocular
inspection report, specifying the findings, to be submitted to the PARO xxx. (AO 8, S. 2006 Item
IV.1.2)
23
Section 25 of the CARP law, as amended by RA 9700 (section captioned
Award Ceiling to Beneficiaries) states, among others, that in general,
the land awarded to a farmer beneficiary should be in the form of an individual
title covering the parcel or parcels of land awarded to him/her up to the
maximum limit of three hectares. This denotes a preference for the
individual award of land as opposed to a collective award, or the
conferment of title to a group of beneficiaries under co-ownership titles
and titles in favor of their cooperative or organization. Such preference
is not in the original formulation of Section 25.
9 Sec. 29. Farms Owned or Operated by Corporations or Other Business Associations. In the
case of farms owned or operated by corporations or other business associations, the following
rules shall be observed by the PARC.
In case it is not economically feasible and sound to divide the land, then it shall be owned
collectively by the worker-beneficiaries who shall form a workers' cooperative or association
which will deal with the corporation or business association. Until a new agreement is
entered into by and between the workers' cooperative or association and the corporation or
business association, any agreement existing at the time this Act takes effect between the
former and the previous landowner shall be respected by both the workers cooperative or
association and the corporation or business association.
24
The reinforced preference for individual awards over collective awards
relative to lands subject of acquisition and distribution is further
strengthened by the proviso inserted into Section 7 of RA 6657 by RA
9700. The proviso imposes rather strict conditions before a landholding
may be awarded through collective titles. (See Item 44*, Part II hereof for
the conditions for collective awards). In addition, Section 25 directs the
parcelization of existing CLOAs, particularly those that do not exhibit
the conditions for collective ownership. The process must commence
immediately upon approval of RA 9700 and shall not exceed a period of
three (3) years. Only those existing certificates of land ownership award
that are collectively farmed or are operated in an integrated manner shall
remain as collective.
10 From the word usufruct which is defined under AO 2, S. 2009 (Rules and Procedures
Governing the Acquisition and Distribution of Agricultural Lands Under Republic Act (R.A.) No.
6657, as amended by R.A. No. 9700) as referring to a real right conferred on the
beneficiary/usufructuary to enjoy the fruits of the property of another with the obligation of
preserving its form, substance, and productivity. (Item III.11, AO 2, S. 2009)
25
Before RA 9700, the rule is that the rights and responsibilities of a
CARP beneficiary shall commence at the time the DAR makes an
award to him, meaning at the time of conferment of title as evidenced
by a registered CLOA or EP.
That the amortization payments should start some time after the
registration of the beneficiarys title is necessarily implied/ built into the
provisions in the original provisions on amortization under RA 6657, as
amended. However, the said provisions direct the payment of
amortization regardless of the state of occupation/ possession by the
beneficiaries of the awarded land.
26
(f) AFFIRMATION OF THE NATURE OF CLOAS, EPS, AND OTHER
TITLES ISSUED UNDER ANY AGRARIAN REFORM PROGRAM AS
TORRENS TITLES WITH THE SAME FEATURES OF
INDEFEASIBILITY AND IMPRESCRIPTIBILITY as all other land titles
brought under the Torrens system of registration (Sec. 24, RA 6657, as
amended by RA 9700).
The rule is based on the affirmation of the fact that CLOAs, EPs, and
such other titles are necessarily brought under the operation of the
Torrens system of registration and, as such, must be conferred with the
same indefeasibility and security afforded to all other titles under the
said system. Nevertheless, the rule is subject to the conditions,
limitations and qualifications of RA 6657, as amended by RA 9700, the
property registration decree, and other pertinent laws.
(1) Thirty percent (30%) of the appropriations for support services (40%
of total appropriations for agrarian reform) shall be immediately set
aside and made available for agricultural credit facilities. The
agricultural credit fund is further apportioned for the following uses:
(2) The remaining seventy percent (70%) of the appropriations for the
support services shall be utilized, as follows:
28
g.2. MATTERS RELATING TO THE STRATEGY FOR
SUPPORT SERVICE DELIVERY AND/OR PROGRAM
BENEFICIARY DEVELOPMENT. These are matters
introduced as amendments to Section 36 of RA 6657, as
amended, by Section 13 of RA 9700.
29
g.2.5. In securing/ mobilizing funds for support services,
imposition of the requirement that the DAR must closely
coordinate with the Congressional Oversight Committee
(COCAR), with due notice to the concerned representative of
the legislative district prior to the implementation in the
packaging of proposals and receipt of grants, aids and other
forms of financial assistance from any source. Prior to RA
9700, there is no provision in the CARP law that specifically
requires the DAR to coordinate with any entity relative to its
authority to package proposals and receive grants or any other
form of financial assistance for its programs. This provision is a
significant accountability measure. (See discussion on the COCAR
under Item 5 below).
30
g.3.1. Mandate for the institution of reforms to liberalize access
to credit by agrarian reform beneficiaries. The mandate to
institute such reforms is directed at the DAR, the Department of
Finance, and the Bangko Sentral ng Pilipinas (BSP).
31
The section continues to state that all financing institutions may
accept as collateral for loans purchase orders, marketing
agreements or expected harvests with the proviso that the loans
obtained shall be used in the improvement or development of the
farmholding of the agrarian reform beneficiary or the establishment of
facilities which shall enhance production or marketing of agricultural
products or increase farm income therefrom.
(2) The PARC shall ensure: (a) that these support services must
integrate the specific needs and well-being of women farmer
beneficiaries taking into account the specific requirements
of female family members of farmer-beneficiaries; (b) that
rural women will be able to participate in all community
activities.
32
g.3.7. Provision for the establishment of a womens desk at the
DAR. Section 37- A also directs the DAR to establish and
maintain a womens desk. The desk shall be primarily responsible
for:
33
g.4.2. Additional 2% cash incentive. The new law provides
for an additional incentive of two percent (2%) in cash in favor of a
landowner who maintains his/her enterprise as a going concern for five
(5) years or keeps his/her investments in a BOI registered firm for the
same period.
The DAR has, on 15 October 2009, issued Administrative Order (AO) No. 412,
the implementing guidelines on the referral of agrarian disputes. A portion of
Part III of this tackles the referral mechanism under the RA 9700 (Sec. 19) as
implemented by the said AO.
11 Under Sec. 3 (Definitions) of RA 6657, Agrarian Dispute refers to any controversy relating to
tenurial arrangements, whether leasehold, tenancy, stewardship or otherwise, over lands devoted
to agriculture, including disputes concerning farm workers associations or representation of
persons in negotiating, fixing, maintaining, changing or seeking to arrange terms of conditions of
such tenurial arrangements.
It includes any controversy relating to compensation of lands acquired under this Act and other
terms and conditions of transfer of ownership from landowners to farm workers, tenants and
other agrarian reform beneficiaries, whether the disputants stand in the proximate relation of
farm operator and beneficiary, landowner and tenant, or lessor and lessee.
12 AO No. 4, Series of 2009: Rules and Regulations Implementing Section 19 of R.A. No. 9700
(Jurisdiction on and Referral of Agrarian Disputes).
35
h.2. Recognition of the Legal Standing of potential farmer-
beneficiaries and their organizations. Section 19 of RA 9700 also
recognizes the legal standing and interest to intervene of agrarian
reform beneficiaries or identified beneficiaries and/or their associations
in cases filed before courts or quasi-judicial bodies, where these cases
involve their individual or collective rights and/or interests under the
CARP.
With respect to these beneficiaries associations, the fact that the same
are not registered with the Securities and Exchange Commission, the
Cooperative Development Authority, or any concerned government
agency shall not be used against them to deny the existence of their legal
standing and interest in the said case/s filed before the courts and quasi-
judicial bodies.
36
The DAR is explicitly mentioned as one of the entities
protected against said restraining orders and preliminary
injunction.
37
Accordingly, the amendment caused by RA 9700 to Section 68
effectively removes the Court of Appeals from the courts prohibited
from issuing the different orders / writs against the DAR, DA, DENR,
and the DOJ relative to their particular tasks or functions in the
implementation of the agrarian reform program.
This changes the long standing rule, as expressed in the DARAB rules of
procedure and the DAR administrative guidelines on Agrarian Law
Implementation (ALI) cases, that jurisdiction over cancellation of EPs,
CLOAs, and other titles issued under any agrarian reform program lies
with the DARAB.
See Table II Re: Agrarian Offenses and their Corresponding Penalties under RA
6657, as amended, below
38
5. WHAT MEANS AND/OR MECHANISMS EXTRANEOUS TO THE CARP
PROCESSES ARE PROVIDED FOR OR ESTABLISHED UNDER RA 9700 TO
HELP ENSURE ITS PROPER AND EFFECTIVE IMPLEMENTATATION?
To help ensure its proper and effective implementation, RA 9700 provided for
the following:
The term of the COCAR shall end six (6) months after the expiration of
the extended period of five (5) years.
Specific Powers and Functions: The COCAR shall have the following
powers and functions:
39
COCAR POWERS AND FUNCTIONS
(a) Prescribe and adopt guidelines which shall govern its work;
(b) Hold hearings and consultations, receive testimonies and reports pertinent to its
specified concerns;
(c) Secure from any department, bureau, office or instrumentality of the government
such assistance as may be needed, including technical information, preparation
and production of reports and submission of recommendations or plans as it may
require, particularly a yearly report of the record or performance of each agrarian
reform beneficiary as provided under Section 22 of Republic Act No. 6657, as
amended;
(d) Secure from the DAR or the LBP information on the amount of just compensation
determined to be paid or which has been paid to any landowner;
(e) Secure from the DAR or the LBP quarterly reports on the disbursement of funds
for the agrarian reform program;
(f) Oversee and monitor, in such a manner as it may deem necessary, the actual
implementation of the program and projects by the DAR;
(g) Summon by subpoena any public or private citizen to testify before it, or require
by subpoena duces tecum to produce before it such records, reports, or other
documents as may be necessary in the performance of its functions;
(h) Engage the services of resource persons from the public and private sectors as
well as civil society including the various agrarian reform groups or organizations
in the different regions of the country as may be needed;
(i) Approve the budget for the work of the Committee and all disbursements
therefrom, including compensation of all personnel;
(j) Organize its staff and hire and appoint such employees and personnel whether
temporary, contractual or on consultancy, subject to applicable rules; and
(k) Exercise all the powers necessary and incidental to attain the purposes for which
it is created.
40
5.2. Periodic Reports by the COCAR to the leaders of the Houses of
Congress and to the PARC. Section 28 of RA 9700 provides that the
COCAR shall submit to the Speaker of the House of Representatives
and to the President of the Senate of the Philippines periodic reports on
its findings and recommendations on actions to be undertaken by both
houses of Congress, the DAR, and the PARC.
Thus, the law itself is explicit that the output of the COCAR must reach
the States top policymakers. It is of course expected that proper action
on the findings and recommendations of the committee are taken by the
said authorities.
41
PART II.
LAND ACQUISITION AND DISTRIBUTION
This part threshes out matters and issues relating to the Land Acquisition and Distribution
(LAD) component of the agrarian reform program to the extent that they are affected by RA
9700. Nonetheless, certain LAD matters based on provisions of RA 6657 not in any way
disturbed by RA 9700 are presented to lend to a thorough and continuous flow of discussion/
presentation on particular areas of concern relative to LAD.
The more critical provisions of applicable administrative regulations, primarily those under
DAR AO No. 2, Series of 200914 are incorporated into the discussion of the LAD issues and
concerns.
Unless otherwise stated, where the discussion of an issue item merely cites an administrative
regulation as basis, the same shall mean that there is nothing directly or explicitly stated in the
statute relative to the issue being discussed.
14 Rules and Procedures Governing the Acquisition and Distribution of Agricultural Lands
Under Republic Act No. 6657, As Amended by R.A. No. 9700 (October 15, 2009).
42
Table I. LAD IMPLEMENTATION SCHEDULE / PHASES
44
(2) ARE THERE ANY SITUATIONS WHERE THE CARP IMPLEMENTING
AGENCIES MAY DEVIATE FROM THE PRESCRIBED
IMPLEMENTATION SCHEDULE?
Yes. Land acquisition and distribution shall be completed by June 30, 2014
on a province-by-province basis following, in general, the above
implementation schedule or order of priority. The exceptions and/or
qualifications to the general rule are:
45
(3) MAY THE DAR AND/OR OTHER CARP IMPLEMENTING AGENCIES
UNDERTAKE THE ACQUISITION AND DISTRIBUTION OF LANDS
COVERED BY PREVIOUS PHASES?
There is nothing directly stated in RA 9700 and in AO No. 2, S. 2009 for the
pursuit of the LAD process in the situation presented. Neither is there a
provision prohibiting the same. In view of the extensive coverage of the CARP
and the critical mandate for its completion, we submit that the coverage,
acquisition, and distribution of landholdings covered under previous phases
may be pursued even beyond that phase. The interpretation should be in favor
of the full implementation of the program.
The overriding rule is for the acquisition and distribution of all agricultural
lands to, among others, advance the policy of the State to promote social
justice fleshing out in the process the legal rights and entitlements of farmers
and farmworkers to the land. The policy of the State and the promotion of the
rights of farmers and farmworkers are a matter of substance. The phasing
scheme in the acquisition and distribution of lands, on the other hand, is
essentially a rule of procedure and, thus, merely directory. Otherwise, the
policy for the distribution of all agricultural lands to qualified beneficiaries will
be defeated by governments failure to complete land distribution within the
applicable phase.
46
(4) WHAT BECOMES OF CARP-COVERED LANDHOLDINGS THAT ARE
NOT YET AWARDED TO BENEFICIARIES BY JUNE 30, 2014?
Thus, if the CARP-covered landholdings have been issued NOCs before June
30, 2014, the ARBs therein can expect the LAD process to continue until
lands are awarded to them. Otherwise, even if the landholding has been
identified as subject to CARP, the absence of an NOC over the land as of June
30, 2014, will bar further acquisition and distribution proceedings including
the award of the lands to beneficiaries who may have already qualified as such.
(5) WHAT ARE THE MODES OF ACQUISITION ALLOWED UNDER RA NO. 9700?
RA No. 970016 has limited the modes of acquisition to: (a) Voluntary Offer to
Sell (VOS); and (b) Compulsory Acquisition (CA) effective 1 July 2009 (the
date of the laws effectivity).
The voluntary land transfer (VLT) scheme shall be allowed for lands covered by
VLT applications submitted as of June 30, 2009.17
17 Under AO 2, S. 2009, the provision that only voluntary land transfers submitted by June 30,
2009 is construed to pertain to VLT applications submitted as of June 30, 2009.
47
(6) WHAT ARE THE RULES ON THE ACQUISITION AND
DISTRIBUTION OF LANDHOLDINGS COVERED BY VLT
APPLICATIONS?
All VLT applications submitted to DAR after June 30, 2009 shall no
longer be processed. (Item IV.C.2, AO 2, S. 2009)
Landholdings above five hectares which were offered under VLT but not
approved by the DAR shall be covered under compulsory acquisition
(Item IV.C.2, AO 2, S. 2009).
Upon its acceptance by the DAR, the Letter-Offer for coverage under
Voluntary Offer to Sell (VOS) can no longer be withdrawn.
(Item IV.C.3 of AO 2, S. 2009)
(a) For landowners owning more than ten (10) hectares. The NOC shall
be issued to landowners not later than 90 days prior to the scheduled
date of acquisition and distribution of their landholding.
(b) For landowners owning more than five (5) up to ten (10) hectares.
The NOCs shall be issued on or after July 1, 2013.19
19 The rules relating to NOCs are applicable only to landholdings programmed for acquisition and
distribution under the compulsory acquisition scheme.
49
(9) ARE NOTICES OF COVERAGE TO BE ISSUED ANEW TO
LANDOWNERS OF LANDHOLDINGS WITH NOCs ALREADY ISSUED
AT THE TIME OF THE EFFECTIVITY OF RA 9700?
No. In the case of lands for which NOCs have already been issued, the DAR
Provincial Office (DARPO) shall send a memorandum to the Municipal
Agrarian Reform Officer (MARO), copy furnished the landowner, directing
him/her to proceed with the process of land acquisition and distribution of
the landholdings under the CARP, either immediately or on the specific
schedule for the acquisition and distribution of the landholding under the
acquisition and distribution schedule / phasing plan provided under
RA 9700 / Item IV(A)(2) of AO 2, S. 2009. (Item IV.A.5, AO 2, S. 2009)
Yes, but only if the claim folder (CF) for the subject landholding has not yet
been received by the Claims Processing, Valuation and Payment Division
(CPVPD) of the Land Bank of the Philippines (LBP) for valuation.
(Item IV.C.3, AO 2, S. 2009)
20 "Sec. 55. No Restraining Order or Preliminary Injunction. Except for the Supreme Court,
no court in the Philippines shall have jurisdiction to issue any restraining order or writ of
preliminary injunction against the PARC, the DAR, or any of its duly authorized or designated
agencies in any case, dispute or controversy arising from, necessary to, or in connection with the
application, implementation, enforcement, or interpretation of this Act and other pertinent laws
on agrarian reform."
21 "Sec. 68. Immunity of Government Agencies from Undue Interference. In cases falling
within their jurisdiction, no injunction, restraining order, prohibition or mandamus shall be
issued by the regional trial courts , municipal trial courts, municipal circuit trial courts, and
metropolitan trial courts against the DAR, the DA, the DENR, and the Department of Justice in
their implementation of the program."
51
B. Exemption of LGUs from the Prescribed
Retention Limit and Expropriation vis--
vis the CARP Acquisition and Distribution
Process
These public purposes include the use of the land for roads, bridges, public
markets, school sites, resettlement sites, local government facilities, public
parks and barangay plazas or squares;
The intended public purpose must be consistent with the approved local
comprehensive land use plan.
22 "Section 6-A. Exception to Retention Limits. Provincial, city and municipal government
units acquiring private agricultural lands by expropriation or other modes of acquisition to be
used for actual, direct and exclusive public purposes, such as roads and bridges , public markets,
school sites, resettlement sites, local government facilities, public park s and barangay plazas or
squares, consistent with the approved local comprehensive land use plan, shall not be subject to
the five (5)-hectare retention limit under this Section and Sections 70 and 73(a) of Republic Act
No. 6657, as amended: Provided, That lands subject to CARP shall first undergo the land
acquisition and distribution process of the program: Provided, further, That when these lands
have been subjected to expropriation, the agrarian reform beneficiaries therein shall be paid just
compensation."
52
Effects of Exemption:
(1) Releases it from the prohibition against owning more than five (5) hectares
of agricultural land inclusive of the land to be acquired by virtue of the
expropriation / acquisition. (See Sec. 70 in relation to Sec. 6 of RA 6657); and
(2) Accordingly, makes it not culpable under Section 73(a) of RA 6657, which
prohibits the ownership or possession, for the purpose of circumventing the
provisions of RA 6657, as amended, of agricultural lands in excess of the total
retention limits or award ceilings by any person, natural or juridical.
As provided under Section 6-A of RA 9700, lands subject to CARP which are
to be expropriated or acquired by provincial, city, or municipal government for
public purpose/s (as described above) shall first undergo the land acquisition
and distribution process of the program.
When these lands have been subjected to expropriation, the agrarian reform
beneficiaries (ARBs) therein shall be paid just compensation.
53
(14) WHAT ARE THE LANDS SUBJECT TO CARP WHICH MUST FIRST
UNDERGO THE LAD PROCESS OF THE AGRARIAN REFORM
PROGRAM?
No. The expropriation of the ARBs lands and the payment of just
compensation to them are without prejudice to the said ARBs qualifying as
beneficiaries in other landholdings under the CARP. (Item IV.B.15, AO 2,
S. 2009)
The compensation for lands covered under RA 6657, as amended shall be:
(a) the amount determined in accordance with the criteria provided for in
Section 17 of the said law and existing guidelines on land valuation; or
(b) the value based on the order of the DAR Adjudication Board (DARAB)
or the regular court, which has become final and executory. [Item IV.D. 1 of
DAR AO 2, S. 2009]
Under Section 17 of the amended CARP law, the factors to be considered are:
When the CNI, CS and MV are present, the formula shall be:
1.2.1 When the CS factor is not present and CNI and MV are
applicable, the formula shall be:
56
1.2.2 When the CNI factor is not present, and CS and MV are
applicable, the formula shall be:
1.3 If only one factor is present When both the CS and CNI are not
present and only MV is applicable, the formula shall be:
LV = MV x 2
In no case shall the value of idle land using the formula (MV x 2) exceed the
lowest value of land within the same estate under consideration or within the
same barangay, municipality or province (in that order) approved by LBP
within one (1) year from receipt of Claim Folder (CF). (Item IV.D. 1 of DAR
AO 2, S. 2009)
Pursuant to Executive No. 405, S. 1990, the Land Bank of the Philippines
(LBP) is primarily responsible for the determination of land valuation and
compensation for all private lands suitable for agriculture under Voluntary
Offer to Sell (VOS) and Compulsory Acquisition (CA). The DAR shall make
use of the determination of the land valuation and compensation by the LBP,
in the performance of its functions. (Sec. 1, EO No. 405)
Through notice sent to the landowner pursuant to Section 16(a) of R.A. No.
6657, the DAR makes an offer to pay the corresponding value of the land.
Under AO 2, S. 2009, such notice pertains to the Notice of Land Valuation
and Acquisition (NLVA). The landowner has a period of thirty (30) days from
receipt thereof within which to give his/her reply to the DAR.
57
(21) WHAT HAPPENS WHEN THE LANDOWNER REJECTS THE OFFER TO
PAY BASED ON THE INITIAL VALUATION BY THE LAND BANK OR
ALTOGETHER FAILS TO REPLY TO THE OFFER?
Section 16 (d) of RA 6657 provides that in case of rejection or failure to reply, the
DAR shall conduct summary administrative proceedings to determine the compensation
of the land by requiring the landowner, the LBP and other interested parties to submit
evidence as to the just compensation for the land xxx.
24 The advise on either the PARAD or the RARAD will depend on the initial land valuation of
the Land Bank. The rule seems to have missed out notification of the DARAB as the Board has
the authority to conduct the summary administrative proceedings in case the initial Land Bank
valuation is Fifty Million Pesos (PhP50,000,000.00) and above (See Sec. 2, Rule XIX, 2009 DARAB
Rules).
58
SECTION 2. By whom Conducted. The preliminary
proceedings of land valuation for the purpose of the
determination of just compensation for its acquisition shall be
conducted:
a. by the PARAD when the initial land valuation of the
Land Bank of the Philippines (LBP) is less than Ten
Million Pesos (PhP10,000,000.00);
Any party who disagrees with the decision may bring the matter to the court of
proper jurisdiction for final determination of just compensation. (Sec. 16.f,
RA 6657)
59
Under Section 6, Rule XIX of the 2009 DARAB Rules, the party who
disagrees with the decision of the Board/ Adjudicator may contest the same by
filing an original action with the Special Agrarian Court (SAC) having
jurisdiction over the subject property within fifteen (15) days from his receipt
of the Board/ Adjudicators decision.
The section also requires that upon filing with the SAC, the party shall file
with the Board/Adjudicator a Notice of Filing of Original Action together
with a certified true copy of the petition filed with the SAC. It further
provides that the failure to file such notice or to submit a certified true copy of
the petition shall render the decision of the Board/Adjudicator final and
executory.
No. Having been in place long before the enactment of RA 9700, the
authority of the LBP, the DAR and the DARAB offices relative to the
determination of just compensation had invariably seen contest before the
courts, with cases reaching up to the Supreme Court level. And in a long line
of cases, starting with the Association of Small Landowners v. Secretary of Agrarian
Reform, 175 SCRA 342 (1989), the Supreme Court ruled that the role of the
administrative offices in the fixing of just compensation for CARP-covered
lands being initial or preliminary does not violate the principle that the
determination of just compensation is essentially a judicial function. In these
cases, the Court emphasized that the determination by the administrative
offices may be challenged before the courts, which has the ultimate authority to
fix the just compensation for the lands being expropriated.
60
Objection is raised, however, to the manner of fixing the just
compensation, which it is claimed is entrusted to the administrative
authorities in violation of judicial prerogatives. Specific reference is
made to Section 16(d), which provides that in case of the rejection or
disregard by the owner of the offer of the government to buy his land -
xxx xxx
61
The determination made by the DAR is only preliminary unless
accepted by all parties concerned. Otherwise, the courts of justice
will still have the right to review with finality the said determination
in the exercise of what is admittedly a judicial function.
[ASSOCIATION OF SMALL LANDOWNERS v.
SECRETARY OF AGRARIAN REFORM, 175 SCRA 342
(1989)]
--- o ---
xxx xxx
62
What adjudicators are empowered to do is only to determine in a
preliminary manner the reasonable compensation to be paid to
landowners, leaving to the courts the ultimate power to decide this
question. (REPUBLIC OF THE PHILIPPINES vs. COURT OF
APPEALS and ACIL CORPORATION, respondents, G.R. No.
12225, October 30, 1996)
--- o ---
63
(25) WHAT BECOMES OF THE LAND ACQUSITION AND DISTRIBUTION
PROCESS IN CASE THE LANDOWNER REJECTS THE JUST
COMPENSATION INITIALLY DETERMINED BY THE LAND BANK?
The process continues. If the landowner rejects the DARs offer to pay the
corresponding land valuation (just compensation) or fails to give any response
to such offer25, the compensation, which shall be in cash or LBP bonds, shall
be deposited with an accessible bank designated by the DAR. Thereafter, 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.
The acquisition and distribution process is therefore not stalled and proceeds
in like manner as where the landowner actually received payment. (Based on
Section 16(e) of RA 6657)
No. Confronted with a similar issue, the Supreme Court in the case of
Association of Small Landowners v. Secretary Of Agrarian Reform, 175 SCRA 342
(1989) regarded the deposit as a fulfillment of the requirement for payment in
the exercise of eminent domain. The Court ruled:
25 AO 2, S. 2009 provides that the landowner has 30 days within which to give a response to
the DAR regarding the offer.
64
The last major challenge to CARP is that the landowner is
divested of his property even before actual payment to him in full of
just compensation, in contravention of a well-accepted principle of
eminent domain.
(27) WHAT LAD PROCESSES ARE SET INTO MOTION AFTER THE RECEIPT
OF PAYMENT BY THE LANDOWNER OF THE DEPOSIT OF THE
COMPENSATION IN HIS/HER NAME?
65
The taking of possession of the land by the DAR is not conditioned on
the issuance/ existence of the title in the name of the Republic (RP title).
The rule is that such taking of possession, on the one hand, and the
request for the issuance of said title, on the other, are to be done
simultaneously.
66
D. Identification and Selection
of Beneficiaries
Applying the land to the tiller precept, the CARP law provides that different
types of farmers and farmworkers are entitled to become agrarian reform
beneficiaries so long as they meet all other requirements (e.g. status of being
landless) to qualify as such.
67
More particularly, Section 22-A, the supplementary provision, directs the
landholding of the landowner to be distributed first to qualified beneficiaries
under Section 22, subparagraphs (a) and (b) or to the agricultural lessees and
share tenants and to regular farmworkers up to a maximum of three (3)
hectares each. Section 22-A continues to state that only when these beneficiaries
have all received three (3) hectares each shall the remaining portion of the landholding,
if any, be distributed to other beneficiaries under Section 22, subparagraphs (c), (d), (e),
(f), and (g)."
26 The enumeration is essentially based on Sec. 22 of RA 6657, as amended, and all of the listed items are
mentioned in AO 2, S. 2009. At any rate, items not explicitly stated in Sec. 22 of the CARP law but are
nevertheless required in the said AO are accordingly annotated;
27
While not specifically mentioned in the CARP law, as amended, this item clearly proceeds from the
citizenship requirement for owning lands under the Constitution;
28 AO 2, S. 2009 [Item IV.E.1 (1.1.3)] qualified the residence requirement in Sec. 22 of RA 6657, as
amended, to be one of permanent residence;
68
e) He/ she must have the willingness, aptitude and ability
to cultivate and make land as productive as possible.
It should be noted, however, that farmworkers who were hired after the
effectivity of R.A. No. 6657 shall be accommodated based on their length of
service, reckoned from 15 June 1988, and subject to the conditions provided
for under Item IV (F)(1.2) of AO 2, S. 2009.
69
c. Non-payment of an aggregate of three (3) annual amortizations 31 and
failure to exercise the right of redemption/ repurchase within two (2)
years32 resulting in the foreclosure of mortgage by the LBP of a
previously awarded land;
e. Dismissal from the service for cause upon a judgment that is final and
executory (and there is no case filed questioning said dismissal) as of the
approval of this Order and if there is any such case, the same has been
affirmed with finality by the proper entity of government;
32 The ground of "failure to exercise the right of redemption/ repurchase within two (2) years needs to
be clarified in the rules. At any rate, in RA 6657, as amended, the matter of redemption/repurchase is
mentioned in Sec. 27, as follows: "SEC. 27. Transferability of Awarded Lands. Lands acquired by
beneficiaries under this Act or other agrarian reform laws shall not be sold, transferred or conveyed except
through hereditary succession, or to the government, or to the LBP, or to other qualified beneficiaries
through the DAR for a period of ten (10) years: Provided, however, That the children or the spouse of the
transferor shall have a right to repurchase the land from the government or LBP within a period of two (2)
years.
33 Substantially Equivalent and Regular Employment means any employment or profession from which the
applicant farmer derives income equivalent to the income of a regular farmworker at the time of ARB
identification, screening and selection. (AO 2, S, 2009: Item II.9)
70
h. Misuse or diversion of financial support services extended by
government (Sec. 37 of R.A. No. 6657, as amended);
m. Final judgment for forcible entry into the property or for unlawful
detainer; and
34 RA 6657, Sec. 6: xxx. Provided, however, that the children of landowners who are qualified under Sec.
6 of this Act shall be given preference in the distribution of the land of their parents; And provided, further,
that actual tenant -tillers in the landholding shall not be ejected or removed therefrom. xxx.
71
qualifications of beneficiaries under Section 6 of RA 6657, as amended. More
specifically, the following criteria must be met by the child/ children of the
landowner: (a) Filipino citizenship; (b) at least fifteen (15) years of age; and
(c) actual tiller or directly managing the farm as of the time of the conduct of field
investigation of the landholding under CARP.35 (Sec. 6 in relation to Sec. 22, RA
6657; Item IV.E.5, AO 2, S. 2009).
35 The reckoning point of time of the conduct of field investigation of the landholding under
CARP is supplied by AO 2, S. 2009.
72
Thus, the child of the landowner, or any person, for that matter, could not be
deemed as the one managing the farm. And in this situation, the child would
be wanting in one requirement for becoming a preferred beneficiary that
he/she is either an actual tiller of or the one directly managing the farm (See
Item 32* above). Thus, the rule disallowing the award of tenanted lands to the
child of the landowner proceeds from his/her failure to qualify as a beneficiary
at least with respect to the tenanted landholding or portion thereof.
The above provision in AO 2, S. 2009 finds basis in the following: (a) the
principles of tenancy as embodied in the law governing tenancy relationships
(RA 3844, as amended); and (b) RA 6657, as amended, which gives the
children of the landowner priority in the distribution of their parents lands
subject to the proviso that actual tenant -tillers in the landholding shall not be
ejected or removed therefrom. (Sec. 22, RA 6657, as amended)36
(a) He/she may be a beneficiary of the land he/she does not own but is
actually cultivating to the extent of the difference between the area of the
land he/she owns and the award ceiling of three (3) hectares;37 (Sec. 7,
RA 6657)
36 The provision is in the original formulation of Sec. 22 of RA 6657 and retained by RA 9700.
37 The provision is in the original formulation of RA 6657 and retained by RA 9700.
73
(c) A landowner-mortgagor of a foreclosed agricultural land where the two-
year right of redemption period has already expired and is subsequently
to be covered under CARP, cannot qualify as an ARB on the foreclosed
land notwithstanding his/her being in actual possession and cultivation
thereof. The DAR shall be responsible for taking possession of the land
by negotiating or filing of the appropriate case, if necessary, and to
successfully install the qualified ARB/s. (Item IV.C.16, AO 2, S. 2009)
Despite the said provision, it is quite clear in the law, that tillers other than
farmers and regular farmworkers are still entitled to become agrarian reform
beneficiaries. First, RA 9700 introduced the provision on attestation but it has
kept intact Section 22 of the original CARP law. As mentioned above, Sec. 22
lists the different categories of tillers that may qualify as ARBs to include not
only the tenants or lessees and regular farmworkers, but also the following:
38 Sec. 3, RA 6657, as amended by RA 9700 defines the term farmer as referring to a natural person
whose primary livelihood is cultivation of land or the production of agricultural crops, livestock and/
or fisheries either by himself/herself, or primarily with the assistance of his/her immediate farm
household, whether the land is owned by him/her, or by another person under a leasehold or share
tenancy agreement or arrangement with the owner thereof.
74
Seasonal farmworkers;
Other farmworkers;
Actual tillers or occupants of public lands;
Collectives or cooperatives of tenants/lessees and of the above types
of tillers; and
Others directly working on the land.
The landowner has to make the attestation as to the tenants, lessees and
regular farmworkers in his/her landholdings upon the BARC-certified master
list of ARBs within fifteen (15) days from receipt thereof.
39 The master list is a roll of agrarian reform beneficiaries who passed the DAR screening
process.
75
(37) WHAT ARE THE RESPECTIVE CONSEQUENCES TO THE LAD
PROCESS OF THE LANDOWNERS:
76
(3) The DARPO shall, within fifteen (15) days from receipt of the
DARMOs report, conduct a REVALIDATION of the
qualifications of the ARBs being tenants or lessees or regular
farmworkers in cases where the landowner refuses to attest to:
(4) Should the PARO find that there is possible merit to the LOs
partial or full non-attestation of the master list of ARBs, he shall
order the BARC to conduct COMPULSORY ARBITRATION
within thirty (30) days to pass upon the issue. (AO 2, S. 2009: Item
IV.E.11)
(5) The BARC shall submit a report of its findings within five (5) days
after arbitration to the PARO who shall then evaluate and finally
determine the qualifications of the ARBs in the master list. The
PAROs decision shall be final in so far as the master list is
concerned. (AO 2, S. 2009: Item IV.E.11)
Note: Step No. 4 above necessarily implies, that if the PARO does not
find merit to the LOs partial or full non-attestation, he or she shall render
a decision, which is necessarily one for upholding the master list prepared
and certified by the BARC.
77
(38) ARE THERE PROVISIONS IN THE LAW THAT GUARD AGAINST ANY
UNDUE DELAY IN MAKING THE REQUIRED ATTESTATION OR
FALSIFICATION OF THE SAME ON THE PART OF THE LANDOWNER?
Yes. The undue delay in the compliance with the obligation to certify or
attest and/or falsification of the certification or attestation as required under
Section 7 of Republic Act No. 6657, as amended is a prohibited act as defined
under paragraph (i) of Section 73 of RA 6657, as amended. This is introduced
into the section by RA 9700.
Under Section 74 of the law, the commission of the subject prohibited act is
punishable by imprisonment of six (6) years and one (1) day to twelve (12)
years or a fine of not less than two hundred thousand pesos (PhP 200,000.00)
and not more than one million pesos (PhP 1,000,000.00), or both, at the
discretion of the court.
Yes. An interested party may contest the master list of qualified ARBs through
a PROTEST FOR INCLUSION/EXCLUSION, which may be filed in writing
at the DARPO not later than fifteen (15) days from the last day of posting of
the said master list. The PARO shall resolve the protest within thirty (30) days
from receipt thereof.
The master list of qualified ARBs becomes final after the lapse of fifteen (15)
days from issuance of the PARO's decision on the protest and receipt of the
same by the parties. (Based on AO 2, S. 2009: Item IV.E.12-13)
78
(40) WHAT ARE THE IMPLICATIONS OF THE FILING OF PROTESTS FOR
INCLUSION INTO AND/OR EXCLUSION FROM THE MASTER LIST OF
ARBS ON THE LAD PROCESS?
Matters that keep the master list from becoming final, including protests for
inclusion/ exclusion filed by an interested party necessarily delay the LAD
process.
It is our view that after the PARO resolves protest for inclusion/exclusion
relative to the master list, and regardless of any further recourse that may be
taken by an objecting party from the PARO resolution, the same must be
deemed final, at least for purposes of the continuation of the LAD processes.
This view is supported by the provision in the guidelines that master list of
qualified ARBs becomes final after the lapse of fifteen (15) days from issuance of the
PARO's decision on the protest and receipt of the same by the parties. (Item IV.E.13,
AO 2, S. 2009)
Item IV.C.14 of AO No. 2, S. 2009 illustrates how the pendency of a petition for
inclusion or inclusion delays the LAD process. The item provides that as a rule,
the conduct of survey to determine land use, segregation of coverable and not
coverable area, and subdivision survey shall be undertaken prior to field
investigation (FI). However, in the event that the finalization of the master list of ARBs
will necessitate resolution of petitions for inclusion and exclusion of ARBs in the master list,
the PARO shall inform the Land Bank of the Philippines (LBP) regarding the matter, in
which case, the conduct of subdivision survey will come after the field investigation (FI) or
upon the finalization of the master list of ARBs so as not to delay the land acquisition
process.
79
(41) WHAT IS THE APPLICATION TO PURCHASE AND FARMERS
UNDERTAKING (APFU)?
a. ARBs in the master list are the ones entitled to execute/ sign the APFU;
b. They shall be given thirty (30) days from the date of receipt of the APFU
to sign it.
c. Failure to sign the APFU within the reglementary period of thirty (30)
days shall be considered as a waiver of right to become an ARB.
d. Due notice shall be given to the concerned parties stating the
consequence of such failure to sign and execute the APFU within the
prescribed period. (Based on Item IV.E.16, AO 2, S. 2009)
e. The signing / execution mentioned under par. a-c shall be done under
oath before the judge of the city or municipal court.
80
(43) WHAT ARE THE RULES ON THE ACQUISITION AND DISTRIBUTION
OF LANDHOLDINGS THAT HAVE ALREADY BEEN SUBJECTED TO
THE CARP LAD PROCESSES (or landholdings in the so-called pipeline) AT
THE TIME OF THE EFFECTIVITY OF RA 9700?
Related Question:
Given the above premise, must the LAD process be repeated from the start
or may it merely be continued until the completion of the award to the
ARBs and applying what law and administrative guidelines, in any event?
If the process has reached the point where the Master List of ARBs has
already been finalized on or before on or before July 1, 2009 pursuant to
AO No. 7, S. 2003, the acquisition and distribution of landholdings
shall continue to be processed under the provisions of R.A. No. 6657
prior to its amendment by R.A. No. 9700. (Transitory Provision of AO 2,
S. 2009)
Necessarily implied from the above provision is the rule that, in other
cases (or where no Master List of ARBs has been finalized on or before
July 1, 2009), RA 9700 and its implementing guidelines, primarily AO
No. 2, S. 2009, shall be followed. This means that the critical changes
introduced by RA 9700 into the CARP law affecting program
implementation shall be applied. For instance, in the identification,
screening, and selection of ARBs, the attestation requirement will have
to be complied with.
81
E. Land Distribution
(b) Only when these beneficiaries have all received three (3) hectares
each shall the remaining portion of the landholding, if any, be
distributed to other beneficiaries under Section 22, subparagraphs (c),
(d), (e), (f), and (g).40 (Sec. 22-A of RA 6657, as amended41; See also
discussion under Items 29 and 35* above)
40 Seasonal farmworkers; Other farmworkers; Actual tillers or occupants of public lands; Collectives or
cooperatives of tenants/lessees and of the above types of tillers; and Others directly working on the
land.
(b) The farm labor system is specialized, where the farmworkers are
organized by functions and not by specific parcels such as spraying,
weeding, packing and other similar functions;
42 AO 2, S. 2009 more clearly lays down the requirement for the existence of the conditions for the
issuance of collective titles. Item IV.F.3 of said guidelines provides that Qualified beneficiaries may
opt for collective ownership, through a co-workers or farmers cooperative/association or some other
form of collective organization and for the issuance of collective ownership titles: Provided, That the
total area to be awarded shall not exceed the total number of co-owners or members of the cooperative
or collective organization multiplied by the award limit of three (3) hectares, xxx and that the
conditions for the grant of collective CLOAs under Item IV(F)(4.1 to 4.4) of this Order are met.
83
(d) The farm consists of multiple crops being farmed in an integrated
manner or includes non-crop production areas that are necessary
for the viability of farm operations, such as packing plants, storage
areas, dikes, and other similar facilities that cannot be subdivided
or assigned to individual farmers.
In general, the CARP land transfer process contemplates two transfers of the
land subject of acquisition and distribution. The first transfer is between the
landowner and the government. More specifically, it is where the landowners
title to the land is transferred to the government upon the payment of just
compensation to the landowner. The transfer is evidenced by the registration
of the title in the name of the Republic of the Philippines (RP). The second
transfer pertains to the passing of the title to the land from the RP to the
farmer-beneficiaries. Under the amended provision, once the RP title is
obtained, the government through the DAR has only 180 days to
consummate the conferment of title or to complete the award to the
beneficiaries.
84
(46) AT WHAT POINT ARE THE BENEFICIARIES ENTITLED TO ENJOY
THEIR RIGHTS AND OBLIGED TO DISCHARGE THEIR
RESPONSIBILITIES AS SUCH?
This provision replaced the previous rule where the starting point for the
enjoyment of rights and fulfillment of obligations as beneficiaries is at the
time the DAR makes an award of the land to him. The present rule an
improvement from the old one because indeed, the rights and obligations of
beneficiaries could only be fully enjoyed or fulfilled, respectively, when the
beneficiaries are in the actual possession of the land awarded to them.
45 Sec. 7 and 26, RA 6657, as amended; Item IV.F.10 in relation to Item IV.E.16, AO 2, S. 2009
The annual amortization shall start one (1) year from the date of the
registration of the Certificate of Land Ownership Award. However, if the
occupancy took place after the certificate of land ownership award registration,
the amortization shall start one (1) year from actual occupancy. (Sec. 26, RA
6657, as amended by RA 9700)
(a) As owners of awarded lands under CARP, the ARB/s shall take
possession of the land covered by his/her/their titles from the time the
same is awarded to them through a registered CLOA.
In case taking possession of the awarded land by the ARBs would imperil
or endanger their lives, the DAR shall assume responsibility for the
installation of the ARB/s on the subject land with the assistance of the
police or military until they are settled and in constructive and physical
control of the property.
(b) As a general rule, there shall only be a one- time installation of ARBs on
their specific area of tillage as indicated in their CLOAs, rendering them
in constructive and physical possession of the same.
86
The DAR shall assist the ARBs in reporting cases of threat/harassment
or ejection attempts by the former landowner or other parties to the
police or military, and the filing of appropriate legal action against those
responsible, if warranted.
(c) In case the installation activities would necessitate the provision of police
and/or military forces to assist the DARMO personnel, the Provincial
Agrarian Reform Officer (PARO) shall coordinate the said activities with
the Department of National Defense-Armed Forces of the Philippines
(DND-AFP) and the Department of Interior and Local Government-
Philippine National Police (DILG-PNP), pursuant to the existing
guidelines per Memorandum of Agreement executed by the DAR,
Department of Interior and Local Government (DILG), and Department
of National Defense (DND).
(d) In the event that the former landowner harasses or threatens the ARB/s
installed by the DAR, the affected ARB/s shall immediately report the
matter to the concerned PNP and the DAR. The ARBs should be
assisted by the DAR Regional/Provincial Legal Division, Public
Attorneys Office (PAO) and the Office of the City/Provincial
Prosecutors.
(e) If the former landowner deliberately acts to delay, stall or obstruct the
installation of the ARBs, a criminal case shall be filed against him/her
for violation of Sec. 73 (d) of R.A. No. 6657, as amended. Moreover, the
DAR shall ask that the landowner be held liable by the Court for actual,
compensatory and moral damages suffered by the ARB/s.
87
(49) IN CASES WHERE ARBs ARE FORCED OUT OR ARE OTHERWISE
DEPRIVED OF THE LAND AWARDED TO THEM AFTER THEY HAVE
BEEN INSTALLED, IS THE DAR DUTY-BOUND TO RE-INSTALL THE
ARBs OR, IN GENERAL, ASSIST THEM TO REGAIN POSSESSION OF
THE LAND?
The DAR is the lead agency tasked with the implementation of the agrarian
reform program. And the goals of the program cannot be achieved if the ones
who have been awarded lands under the concept of equitable land re-
distribution are not in the possession of the same. It is our position thus, that
the DAR has the duty to assist the farmers to regain possession of the land.
This of course assumes that no legal impediment to the ARBs taking
possession of their land has set in, in the meantime. Thus, if persons other
than the beneficiaries are in possession or have taken over the possession of
the property, they would have to be proceeded against in the proper forums
(e.g. the courts through the proper ejectment cases or even criminal charges for
CARP obstruction) and in a manner where they are afforded the due process
of law. In this instance too, the DAR could not be expected to forcibly remove
those third persons who may not be entitled to the possession of the land in
order to reinstate the ARBs therein.
In this regard, we note that AO No. 2, S. 2009 does not foreclose upon DAR
assistance to the ARBs for purposes of a subsequent installation even as Item
IV.G (2) speaks of one-time installation, as a general rule.
88
PART III.
AGRARIAN JUSTICE
The phrase agrarian justice relative to the countrys agrarian reform program has
not been formally defined even as, in general, it is used to refer to the protection,
promotion, or enforcement of the rights recognized or conferred by agrarian reform
and related laws to the stakeholders of the program, primarily the
farmer/farmworkers and the landowners.
This section expounds on matters relating to the agrarian justice delivery component
of the agrarian reform program insofar as the same are affected by the provisions of
RA 9700. More particularly, this section deals with the rules, practices and
mechanisms and institutions for the enforcement of agrarian reform laws to the end
that the rights recognized or conferred by these laws are protected, promoted, or
enforced in the context of issue/ dispute resolution or adjudication, as affected by RA
9700.
(a) Provision directing the referral to the DAR by the prosecutors or the
courts of cases filed before them that are possibly agrarian in nature or
are, in fact, agrarian disputes (introduced into the CARP law by Sec. 19 of
RA 9700 amending Sec. 50 of RA 6657, as amended; see further discussion
under Items B.2-6 below)
89
(b) Recognition of the legal standing and interest to intervene of agrarian
reform beneficiaries or identified beneficiaries and/or their associations in
cases filed before courts or quasi-judicial bodies, where these cases involve
their individual or collective rights and/or interests under the CARP. ( Sec.
19 of RA 9700 amending Sec. 50 of RA 6657, as amended)
(c) Explicit provision removing the Supreme Court from the application of the
general rule that no court in the Philippines shall have jurisdiction to issue
any restraining order or writ of preliminary injunction against the PARC,
the DAR, or any of its duly authorized or designated agencies in any case,
dispute or controversy arising from, necessary to, or in connection with the
application, implementation, enforcement, or interpretation of RA 6657,
as amended and other pertinent laws on agrarian reform. ( Sec. 20, RA 9700
amending Sec. 55 of RA 6657, as amended)
(d) Explicit mention of the DAR as one of the entities protected against said
restraining orders and preliminary injunction. ( Sec. 20, RA 9700 amending
Sec. 55 of RA 6657, as amended)
(e) Explicit mention of regional trial courts, municipal trial courts, municipal
circuit trial courts, and metropolitan trial courts as the bodies prohibited
from issuing any injunction, restraining order, prohibition or mandamus
against the DAR, the DA, the DENR, and the Department of Justice
relative to their roles in the implementation of the program (CARP). The
specific reference to these courts replaced the more general term lower
courts in Section 68 of RA 6657, as amended (titled Immunity of
Government Agencies from Undue Interference)
47Section 16. Judicial Power. - The judicial power shall be vested in one (1) Supreme Court, and in
such lower courts as may be established by law. Such lower courts include the Court of Appeals,
90
Thus, the amendment effectively removes the Court of Appeals from the
courts prohibited from issuing the different orders / writs against the
DAR, DA, DENR, and the DOJ relative to their particular tasks or
functions in the implementation of the agrarian reform program.
(f) Provision declaring that all cases involving the cancellation of registered
emancipation patents, certificates of land ownership award, and other
titles issued under any agrarian reform program to be under the
exclusive and original jurisdiction of the Secretary of the DAR effectively
transferring such jurisdiction to the Secretary from the DAR
Adjudication Board. (Sec. 24 of RA 6657, as amended by RA 9700)
Sandiganbayan, Court of Tax Appeals, Regional Trial Courts, Shari's District Courts, Metropolitan
Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts, and Shari'a Circuit Courts
and they shall continue to exercise their respective jurisdiction until otherwise provided by law.
(RAC)
91
g.2. Section 25 of RA 9700, amending Sec. 74 of RA 6657,
introduced penalties that are generally stiffer than those previously
defined (under RA 6657), thus strengthening the penal provisions of
the law. The prohibited acts and omissions and the corresponding penalties are
presented under Item 56 below.
One of the more prominent agrarian justice provisions introduced into the CARP
Law by RA 9700 is the institution of the referral system / mechanism relative to
cases that are possibly agrarian in nature or agrarian disputes. The mechanism is
very critical in addressing the problem of conflict of jurisdiction over these cases
between the regular courts, on the one hand, and the Department of Agrarian
Reform, on the other. It is also seen as a necessary measure to minimize, if not to
put an end, to the filing of cases or continuation of proceedings including criminal
charges and proceedings before regular courts against farmers / farmworkers
where the circumstances upon which the cases against them are built present issues
that are intrinsically agrarian in nature, which are therefore within the jurisdiction
of the DAR. As stated in the Supreme Court ruling in DAR vs. Roberto Cuenca,
et. al. (G.R. No. 154112, September 23, 2004):
92
The subject referral mechanism is provided for under Section 19 of RA 9700
amending Section 5048 of RA 6657, as amended, to wit:
48 (RA 6657) SEC. 50. Quasi-judicial Powers of the DAR. The DAR is hereby vested within
primary jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive
original jurisdiction over all matters involving the implementation of agrarian reform, except
those falling under the exclusive jurisdiction of the Department of Agricultural (DA) and the
Department of Environment and Natural Resources (DENR).
xxx
xxx
Notwithstanding an appeal to the court of Appeals, the decision of the DAR shall be immediately
executory.
93
A case referral system was set in place by Presidential Decree (PD) No. 31649
(1973), the last two paragraphs of Section 12 of PD No. 94650 (1976) and PD No.
103851 (1976). However, the cases covered by these issuances are limited to
ejectment cases or any other case designed to harass or remove a tenant of an
agricultural land primarily devoted to rice and corn. Also, these PDs were repealed in
1988 by RA 6657. Section 50-A of RA 6657 thus reinstitutes a case referral
system even as it is more comprehensive in scope and employs the more progressive
scheme of automatic referral.
For its part, the Department of Justice (DOJ) has issued DOJ Department Circular
No. 40 dated 7 June 2010 Re: Guidelines on the Investigation and Referral of
Cases to the Department of Agrarian Reform Pursuant to Section 19 of Republic
Act No. 9700. This circular followed a Memorandum issued by the DOJ Secretary
(dated March 16, 2010) 53 , which lays down a general directive for the compliance
by the prosecutorial services with the said case referral provision.
49 Presidential Decree No. 316 (October 22, 1973): Prohibiting the Ejectment of Tenant-Tillers
From Their Farmholdings Pending the Promulgation of the Rules and Regulations Implementing
Presidential Decree No. 27
50 Presidential Decree No. 946 (June 17, 1976): Reorganizing the Courts of Agrarian Relations,
Streamlining Their Procedures, and for Other Purposes
51Presidential Decree No. 1038 (October 21, 1976): Strengthening the Security of Tenure of
Tenant-Tillers in Non-Rice/Corn Producing Private Agricultural Lands
94
As for the Supreme Court, it has released OCA Circular No. 62-201054 (issued by the
Office of the Court Administrator of the Supreme Court on 28 April 2010), which is
more of a set of general guidelines relating to the referral of cases under RA 9700.
Advocates are awaiting the issuance by the High Court of more detailed implementing
rules of procedure on the matter . In the meantime, compliance by the courts with the
referral provision of RA 9700 should be guided by the said OCA Circular as well as by
DAR AO 4, S. 2009.
(2) WHAT ARE THE GENERAL FEATURES OF THE CASE REFERRAL MECHANISM
UNDER SECTION 50-A OF RA 6657, AS AMENDED?
54 Subject: Implementation of Sections 7 and 50-A of RA No. 6657, also known as The
Comprehensive Agrarian Reform Law Of 1988, as respectively amended by Sections 5 and 19 of
RA No. 9700 (An Act Strengthening the Comprehensive Agrarian Reform Program (CARP),
Extending the Acquisition and Distribution of All Agricultural Lands, Instituting Necessary
Reforms, Amending for the Purpose Certain Provisions of Republic Act No. 6657, otherwise
known as The Comprehensive Agrarian Reform Law of 1988, as amended, and Appropriating
Funds Therefor)
95
(1) Offenses committed under Title 9, Chapter 2 (Crimes
Against Security) of the Revised Penal Code (RPC), as
applicable;
(2) Offenses committed under Title 10 (Crimes Against
Property) of the RPC, as applicable; and
(3) Offenses committed under such other provisions of the
RPC and other laws, as applicable.
Under DOJ Circular No. 40: Referral shall be made when: (a)
there is an allegation by any of the parties (e.g. allegation in the
complaint, affidavit or counter-affidavit, etc.) that the case is
agrarian in nature or an agrarian dispute and one of the parties is
a tenant, lessee, farmer-beneficiary, farmer, or farmworker; or (b)
the case pertains to the implementation of the CARP except those
provided under Section 57 of Republic Act No. 6657, as amended.
96
(3) WHAT IS THE PROCESS THAT SHOULD BE FOLLOWED BY FISCALS
IN REFERRING PERTINENT CASES TO THE DAR PURSUANT TO
SECTION 19 OF RA 9700?
DOJ Circular No. 40 provides for the process of referral that should be
followed for cases filed for preliminary investigation and those under inquest.
a.1 The investigating prosecutor shall, within three (3) days from
receipt of the complaint or pleading (where there is an allegation by any of
the parties that the case is agrarian in nature or an agrarian dispute and one
of the parties is a tenant, lessee, farmer-beneficiary, farmer, or farmworker or
that the case pertains to the implementation of the CARP except those
provided under Section 57 of Republic Act No. 6657, as amended) shall
recommend to the chief of office the referral of the case, stating therein
the basis for his/her recommendation.
a.2. Within two (2) days from receipt of the recommendation, the
chief of office shall endorse the same to the PARO together with the
records of the case, copy furnished the parties concerned.
a.3. While the case is on referral with the PARO, the investigating
prosecutor shall defer further proceedings and shall await the
certification from the PARO as to whether the case is PROPER FOR
TRIAL OR NOT PROPER FOR TRIAL.
a.4. If the Certification states that the case is not proper for trial, the
investigating prosecutor shall dismiss the case within five (5) days from
receipt of the certification.
a.5. If the Certification states that the case is proper for trial, the
investigating prosecutor shall proceed with the preliminary investigation
and resolve the case, accordingly.
97
a.6. After the lapse of fifteen (15) days required by law for the DAR to
issue a Certification and none was issued, the investigating prosecutor
may dispose of the case pending before him in accordance with his
appreciation of law and evidence attendant to the case.
(a) Upon the receipt of the case records, the PARO shall immediately assign
the referred case to the Chief, Legal Division for the conduct of
Summary Proceedings or Preliminary Fact-Finding Investigation.55
98
(b) The Chief of Legal Division shall thereafter assign the case to an
authorized hearing officer, who is necessarily a DAR lawyer (DAR
lawyers are authorized under AO No. 4, S. 2009 to conduct summary
proceedings or preliminary/fact-finding investigation. For this purpose,
the hearing officer is authorized to issue subpoena and administer oath
to facilitate the performance of the function of ascertaining the existence
of an agrarian dispute in the referred case.)56
(c) Within three (3) days from the receipt by the authorized hearing officer
of the referral, he/she shall serve notice of the conduct of summary
proceedings/ fact-finding investigation to the parties. The notice shall
be served personally or through registered mail, stating therein the hour,
date and place of the proceedings. The venue of the proceeding shall be
in the province where the agricultural property involved is located. In
the same notice, he/she shall require the parties and their witnesses to
submit during the proceeding their sworn statements together with their
documentary evidences, if any, to support their respective claims;57
(e) The authorized hearing officer shall, as far as practicable, submit to the
PARO his/her findings and recommendations together with the records
of the case within ten (10) days from receipt of the referred case.58
(f) The PARO will then have 48 hours from receipt of the findings and
recommendations of the hearing officer to issue a certification as to
whether or not the case involves an agrarian dispute59.
57 Ibid.
58 Ibid.
[T]he hearing officer shall determine whether one of the following exists:
1) tenancy/actual tiller
2) agricultural land
3) involves ejectment, harassment/removal of tiller
4) the crime complained of arose out of or is connected with an
agrarian dispute
Positive findings (of the above-enumerated issues) the legal officer shall
recommend that the referred case is not proper for trial.
We note that the first paragraph of the cited section implies that the hearing
officer need only to establish the existence of any one of the enumerated items
for a recommendation that the case is not proper for trial. This reading is
somewhat made uncertain by the statement in the 2nd paragraph to the effect
that the legal officer shall recommend that the referred case is not proper for
trial upon positive findings relative to the above-enumerated issues, which
seem to require that such positive findings pertain to all the enumerated items.
This needs to be clarified by the DAR.
(6) WHAT ARE THE EFFECTS OF REFERRAL OF THE CASE TO THE DAR?
100
For its part, DOJ Circular No. 40 (governing referral of criminal cases by the fiscals
to the DAR) provides that while the case is on referral with the PARO, the
investigating prosecutor shall defer further proceedings and shall await the
certification from the PARO as to whether the case is PROPER FOR TRIAL
OR NOT PROPER FOR TRIAL.
In addition, with respect to cases subject of inquest, the referral of the case to the
PARO shall come along with the release of the detained respondent for further
preliminary investigation. This means that the respondent shall be freed from
detention and, depending on the resolution of the DAR on the referral, proceed
with the investigation of the case to ascertain the existence of probable cause or
dismiss the same. This point will be further discussed in the next succeeding item.
Notes:
There are still matters that need to be threshed out relative to the effects of
referral. From the time of the approval of RA 9700, advocates have invariably
raised the following concerns that, accordingly, have to be addressed in the
operational / implementing guidelines of the referral provision:60
(b) There may be cases where the accused is already in detention (by virtue of a
warrant of arrest), would the referral provision be a basis for their release
pending the determination by the DAR that the criminal case for which
he/she had been arrested and detained is actually proper for trial by the
courts?
60 This may be done through the issuance of amended guidelines on the part of the DAR and
the DOJ and, insofar as the Supreme Court is concerned, through an administrative issuance
providing for detailed guidelines to properly implement Sec. 19 of RA 9700 relative to the case
referral mechanism.
101
(c) What happens to warrants of arrest / search and seizure already issued?
On the finding that an agrarian dispute exists, the PARO shall certify that the
case is not proper for trial. Otherwise, the PARO shall issue a certification
stating that the case is proper for trial before the regular court.
(a) If the PARO certifies that the case is not proper for trial, the prosecutor
or judge shall, upon receipt of the certification, motu propio. or upon
proper application of the party concerned, dismiss the case;
(b) If, on the other hand, the PARO certifies that the case is proper for trial,
the judge or prosecutor shall assume jurisdiction over the controversy or
dispute.
61 Websters New World Law Dictionary, Copyright 2010 by Wiley Publishing, Inc.,
Hoboken, New Jersey. Used by arrangement with John Wiley & Sons, Inc.
102
DOJ Circular No. 40 provides, as follows:
(a) If the Certification states that the case is not proper for trial, the
investigating prosecutor shall dismiss the case within five (5) days from
receipt of the certification.
(b) If the Certification states that the case is proper for trial, the
investigating prosecutor shall proceed with the preliminary investigation
and resolve the case, accordingly.
However, after the lapse of fifteen (15) days required by law for the DAR to
issue a Certification and none was issued, the investigating prosecutor may
dispose of the case pending before him in accordance with his appreciation of
law and evidence attendant to the case.
Note: The details as to the procedure for review by the courts are not specified
in the law. Neither are these provided for in the administrative issuance on
referral (DAR AO 4, S. 2009 and DOJ Circular No. 40, S. 2009). As it is,
advocates are looking to the Supreme Court in cooperation with the DOJ
and the DAR to provide for these matters through an administrative issuance
on the case referral mechanism.
103
C. The Penal Provisions of RA 6657,
as amended by RA 9700
Before the passage of RA 9700, the imposable penalty for the offenses, as
provided under Sec. 74, was imprisonment for a period of not less than one (1)
month to not more than three (3) years OR a fine of not less than one
thousand pesos (P1,000.00) and not more than fifteen thousand pesos
(P15,000.00) or both, at the discretion of the court.
(10) WHAT ARE THE SPECIFIC PROHIBITED ACTS AND OMISSIONS AND
THE PENALTIES CORRESPONDING TO THE SAME AS DEFINED AND
PENALIZED UNDER RA 6657, AS AMENDED, AND HOW ARE THESE
AFFECTED BY THE PERTINENT PROVISIONS OF RA 9700?
Such prohibited acts and omissions (or agrarian offenses) and the penalties
corresponding to the same as originally provided under RA 6657 and as they
are now defined by virtue of the amendments introduced into Sections 73 and
74 of RA 9700 are presented in the table below.
It should be noted that the chargeable offense would depend on the date of
the commission or omission.
104
TABLE II.
Agrarian Offenses and their Corresponding Penalties
under RA 6657 and under RA 6657 as amended by RA 9700
(b) The forcible entry or illegal (b) The forcible entry or illegal Definition of
detainer by persons who are not detainer by persons who are not offense:
qualified beneficiaries under this qualified beneficiaries under this Unchanged
Act (RA 6657) to avail themselves Act to avail themselves or the
of the rights and benefits of the rights and benefits of the Agrarian
Agrarian Reform Program; Reform Program;
105
Prohibited Acts and Omissions
Under RA 6657, as amended Under RA 6657,
Remarks
as amended by RA 9700
Penalty Penalty
Imprisonment: 1 month to 3 Imprisonment: 3 years and 1 day
years and /or Fine of P1,000 to to 6 years and/or Fine of
P15,000 P50,000.00 to P150,000.00
Definition of
(d) The willful prevention or (d) The malicious and willful offense:
obstruction by any person, prevention or obstruction by any Under RA 9700,the
association or entity of the person, association or entity of prevention or
implementation of the CARP; the implementation of the CARP; obstruction must
not only be willful;
Penalty Penalty the same must also
Imprisonment: 1 month to 3 Imprisonment: 6 years and 1 day be malicious.
years and /or Fine of P1,000 to to 12 years and/or Fine of
P15,000 P200,000.00 to P1,000,000.00
106
Prohibited Acts and Omissions
Under RA 6657, as amended Under RA 6657,
Remarks
as amended by RA 9700
(e) The sale, transfer , (e) The sale, transfer, conveyance Definition of
conveyance or change of the or change of the nature of lands offense:
nature of lands outside of urban outside of urban centers and city RA 9700 inserted
centers and city limits either in limits either in whole or in part the qualification as
whole or in part after the after the effectivity of this Act, underscored in the
effectivity of this Act (RA 6657). except after final completion of previous column.
the appropriate conversion under
Section 65 of Republic Act No. Note: The sale and
/ or transfer of
6657, as amended.
agricultural land in
cases where such
The date of the registration of the The date of the registration of the
sale, transfer or
deed of conveyance in the deed of conveyance in the conveyance is made
Register of Deeds with respect to Register of Deeds with respect to necessary as a result
titled lands and the date of the titled lands and the date of the of a bank's
issuance of the tax declaration to issuance of the tax declaration to foreclosure of the
the transferee of the property the transferee of the property mortgaged land is
with respect to unregistered with respect to unregistered not a violation of
lands, as the case may be, shall be lands, as the case may be, shall be this sub-section( of
62
conclusive for the purpose of this conclusive for the purpose of this Section 73 (e) .
Act; Act ;
Penalty Penalty
Imprisonment: 1 month to 3 Imprisonment: 6 years and 1 day
years and /or Fine of P1,000 to to 12 years and/or Fine of
P15,000 P200,000 to P1,000,000.00
62 Pursuant to RA 7881 [An Act Amending Certain Provisions of Republic Act No. 6657, Entitled "An Act
Instituting a Comprehensive Agrarian Reform Program to Promote Social Justice and Industrialization,
Providing the Mechanism For Its Implementation, and For Other Purposes (1995)] , Section 73-A is inserted
into the CARP law and the same section is left untouched by RA 9700. Sec. 73-A provides an exception to
Sec. 73 (par. e) of RA 6657, as amended, to wit:
Penalty Penalty
Imprisonment: 1 month to 3 Imprisonment: 3 years and 1 day
years and /or Fine of P1,000 to to 6 years and/or Fine of
P15,000 P50,000.00 to P150,000.00
108
Prohibited Acts and Omissions
Under RA 6657, as amended Under RA 6657,
Remarks
as amended by RA 9700
Penalty
Imprisonment: 3 years and 1 day
to 6 years and/or Fine of
P50,000.00 to P150,000.00
Penalty
Imprisonment: 3 years and 1 day
to 6 years and/or Fine of
P50,000.00 to P150,000.00
109
Prohibited Acts and Omissions
Under RA 6657, as amended Under RA 6657,
Remarks
as amended by RA 9700
(i) The undue delay in the New agrarian
compliance with the obligation to offense defined by
certify or attest and/or falsification RA 9700
of the certification or attestation as
required under Section 7 RA 6657,
as amended;
Penalty
Imprisonment: 6 years and 1 day to
12 years and/or Fine of
P200,000.00 to P1,000,000.00
63 Sec. 74 . Penalties. Any person who knowingly or willfully violates the provisions of this Act
shall be punished by imprisonment of not less than one (1) month to not more than three (3) years or a
fine of not less than (P 1,000.00) and not more than fifteen thousand pesos (P 15,000.00), or both, at
the discretion of the court. (RA 6657 before the RA 9700 amendments).
110
PENALTIES (prior to RA 9700) PENALTIES (under RA 9700)
111
APPENDICES
A. Department of Agrarian Reform (DAR)
Administrative Order No. 3, Series of 2009 (October 15, 2009)
Rules and Procedures Governing the Cancellation of Registered Certificates of Land Ownership
Awards (CLOAs), Emancipation Patents, and Other Titles Issued Under Any Agrarian Reform
Program
Rules and Regulations Implementing Sec. 19 of RA No. 9700 [Jurisdiction on Referral of Agrarian
Dispute]
C. Office of the Court Administrator (OCA) Circular No. 62-2010 (April 28, 2010)
Implementation of Sections 7 and 50-A of RA No. 6657, also known as The Comprehensive
Agrarian Reform Law Of 1988, as respectively amended by Sections 5 and 19 of RA No. 9700
(An Act Strengthening the Comprehensive Agrarian Reform Program (CARP), Extending the
Acquisition and Distribution of All Agricultural Lands, Instituting Necessary Reforms, Amending
for the Purpose Certain Provisions of Republic Act No. 6657, otherwise known as The
Comprehensive Agrarian Reform Law of 1988, as amended, and Appropriating Funds Therefor)
Guidelines on the Investigation and Referral of Cases to the Department of Agrarian Reform
Pursuant to Section 19 of Republic Act. No. 9700
F. Republic Act No. 9700 (Signed August 7, 2009; effective July 1, 2009)
An Act Strengthening the Comprehensive Agrarian Reform Program (CARP), Extending the
Acquisition and Distribution of All Agricultural Lands, Instituting Necessary Reforms, Amending
for the Purpose Certain Provisions of republic Act No. 6657, Otherwise Known as the
Comprehensive Agrarian reform Law of 1988, As Amended, and Appropriating Funds Therefor
112