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Session Five – Land Valuation

LAND VALUATION – the process of determining the just compensation for the land owners, the modes of payment and the appeals process in case the value is deemed too low

  • Land Valuation under Operation Land Transfer (PD 27)

Read PD 27 and EO 228 and the valuation formula (para. 4, PD 27 and Sec. 2 of EO 228)

Sec 17 and 18, RA 6657

Sec16 (d) in relation to the authority of the DAR to revalue the property

Read Section IV D of DAR Adm. Order No. 2, series 2009 (Valuation)

Authority of the DAR Adjudication Board over land valuation cases (see Article XIX of the 2009 DARAB Rules of Procedure)

Session Four – Retention, Exemption and ExclusionsSession Four – Retention, Exemption and Exclusions

LANDS NOT COVERED BY LAND ACQUISITION: Retention Rights, Exemptions and Exclusions

Sec. 6 – Retention Rights (c.f with retention right under PD 27)

Sec. 10- Exemptions and Exclusions

Sec. 3 c in relation to DOJ Opinion No. 44 s. 1990 and the case of Natalia Realty et. al.. versus DAR, GR No. 103302, August 12, 1993

 

 

RA 7881 (1995) Exempting Prawn Farms and Fishponds from CARP

Reference: DAR Adm. Order No. 3, series 1995 – Rules and Regulations on the Exemption of Fishponds from the Coverage of CARL pursuant to RA 7881

Session Three – Land Acquisition

LAND ACQUISITION – the transfer of private and public lands to farmer beneficiaries

  • Sec. 3a   Definition of Agrarian Reform
  • Sec. 4     Scope of the Program
  • Sec. 7     Priorities of Coverage
  • Sec. 16   Land Acquisition (Compulsory Acquisition)
  • Sec. 19   Land Acquisition (Voluntary Offer to Sell)
CASES:

 

VARIATIONS ON LAND ACQUISITION

Sec. 31 Corporate Landowners (Stock Distribution Option)

Sec. 6 para. 1 – Award of Lands to Children of Landowners

Reference: DAR Adm. Order No. 2, series 2009 – RULES AND REGULATIONS ON THE ACQUISITION AND DISTRIBUTION OF AGRICULTURAL LANDS under RA 6657 as amended by RA 9700

Session Two – Introduction

Historical Background and Progression of Legislation

  • Article: Law on Agrarian Reform, by Recaredo Barte, 1991 Edition, pp. 1-18 (Introduction)
  • Article: The Development of Post War Philippine Land Reform: Political and Sociological Explanations By David Wurfel in Second View from the Paddy, Antonio Ledesma, Perla Q. Makil & Virginia A. Miralao, eds., Institute of Philippine Culture, Ateneo de Manila, 1983
  • RA 3844 as amended by RA 6389 (Agricultural Land Reform Code) August 8, 1963
  • PD 27 (Emancipation of Tenants from the Bondage of the Soil) Oct. 21, 1972.
  • Executive Order 228 (Declaring Full Land Ownership to Qualified Beneficiaries covered by PD 27) 17 July 1987
  • Executive Order 129-A (Modifying EO 129 Reorganizing and Strengthening DAR) 26 July 1987
  • Proclamation 131 (Instituting a Comprehensive Agrarian Reform Program) 22 July 1987
  • RA 6657 (Comprehensive Agrarian Reform Program) June 10, 1988
  • RA 7881 (Amending the CARP)  February 20, 1995
  • RA 9700 (Strengthening the CARP) August 7, 2009
  • Sec. 2 RA 6657 (as amended by RA 9700) – Declaration of Principles and Policies

AGRARIAN LAW REFERENCES

Other references are available at the DAR website: http://www.dar.gov.ph/policy_isssuances.html

COURSE OUTLINE FOR AGRARIAN REFORM

This two unit course is designed to provide law students an insight into the core concepts of agrarian reform law as designed and implemented under RA 6657 (as amended).

A historical background shall be provided, and the key ideas of this social justice legislation will be examined. The student will also be given a detailed analysis of the dispute resolution mechanism within the DAR and the DAR Adjudication Board. Finally, the student will also be given a live case to handle, and apply his/her analytic skills in the proposed resolution of the case by writing a case matrix and a draft decision.

COURSE OUTLINE FOR AGRARIAN REFORM  by Atty. Hector Soliman

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