Sunteți pe pagina 1din 7

*LBP - Land Bank of the Philippines *CARL - Comprehensive Agrarian Reform LAW; LABOR (Agrarian Reform)

*PARC - Presidential Agrarian Reform Committee *CARP - Comprehensive Agrarian Reform PROGRAM; ib2i

produced to farmers and such as the program under PD


REPUBLIC ACT NO. 6657 - COMPREHENSIVE regular farmworkers who are 27.
AGRARIAN REGORM LAW OF 1988, as amended by RA landless, irrespective of
8532, further amended by RA 9007 tenurial arrangement, to
include the totality of factors
and support services designed
AGRARIAN REFORM, CONSTITUTIONAL PROVISIONS
to ​lift the economic status of
1. ​Art. II, Sec. 21: The State shall promote ​comprehensive rural
the beneficiaries ​and all other
development and agrarian reform;
arrangements ​alternative to
physical redistribution of
2. ​Art. XII, Sec. 1: ​x x x The State shall promote industrialization
lands, ​such as:
and full employment ​based on sound agricultural development
a) production or
and agrarian reform, x x x
profit-sharing;
b) labor administration;
3. ​Art. XIII, Section 4: The State shall, by law, undertake an
and
agrarian reform program founded on the rights of farmers
c) distribution of shares
and regular farmworkers, who are landless, to own directly or
of stocks, which will
collectively the lands they till or, in the case of other
allow beneficiaries to
farmworkers, to receive a just share of the fruits thereof. ​To
receive a just share of
this end, the State shall encourage and undertake the just
the fruits of the lands
distribution of all agricultural lands, subject to such priorities and
they work. (Sec. 3(a),
reasonable retention limits as the Congress may prescribe, taking
RA 6657)
into account ecological, developmental, or equity considerations,
and subject to the payment of just compensation. In determining That said, ​agrarian reform is broader than land reform.
retention limits, the State shall respect the right of small
landowners. The State shall further provide incentives for FARMERS FARMWORKERS
voluntary land-sharing.
Farmers - ​a natural person Farmworkers - ​a natural
whose primary livelihood is person ​who renders services
5. ​Art. XIII, Section 5: The State shall recognize the rights of
cultivation of land or the for value as an employee or
farmers, farmworkers, and land-owners, as well as cooperatives,
production of agricultural laborer in an agricultural
and other independent farmers' organizations to participate in the
crops​, either by himself, or enterprise or farm ​regardless
planning, organization, and management of the program​, and
primarily with the assistance of whether compensation is
shall provide support to agriculture through appropriate technology
of his immediate farm paid on a monthly, daily, or
and research, and adequate financial, production, marketing, and
household, whether the land is weekly, or pakyaw basis.
other support services.
owned by him, or by another
person under a leasehold or The term ​farmworkers ​also
6. ​Art. XIII, Section 6: ​The State shall ​apply the principles of
share tenancy agreement or includes whose work has
agrarian reform or stewardship, whenever applicable in
arrangement with the owner ceased as a consequence of, or
accordance with law, in the disposition or utilization of other
thereof. ​(Sec. 3(f), RA 6657) in conncection with, a pending
natural resources​, including lands of the public domain under
agrarian dispute and who has
lease or concession suitable to agriculture, subject to prior rights,
RA 9007 - ​x x x whose not obtained a substantially
homestead rights of small settlers, and the rights of indigenous
livelihood is cultivation of equivalent and regular farm
communities to their ancestral lands.
land, or the production of employment.
agricultural crops, ​livestock
The State may ​resettle landless farmers and farmworkers in its
and/or fisheries x x x (Sec. 2,
own agriculture estates ​which shall be distributed to them in the
RA 9007 amending Sec. 3(f),
manner provided by law.
RA 6657)
7. ​Art. XIII, Section 8: The State shall provide i​ncentives to
landowners to invest the proceeds of the agrarian reform Agricultural Tenancy - ​physical possession by a person of land
program to promote industrialization, employment creating, devoted to agriculture, belonging to or legally possessed by
and privatization of public sector enterprises​. Financial another for the purpose of production through the labor of the
instruments used as payment for their lands shall be honored as former and of the members of his immediate farm household in
equity in enterprises of their choice. consideration of which the former agrees to share the harvest with
the latter or to pay a price certain or ascertainable, either in
AGRARIAN REFORM LAND REFORM produce or in money, or in both.
Agrarian Reform - ​the Land Reform - ​refers to only
Types: ​a) leasehold tenancy; b) sharehold tenancy.
redistribution of lands, physical redistribution of land
regardless of crops or fruits

1
*LBP - Land Bank of the Philippines *CARL - Comprehensive Agrarian Reform LAW; LABOR (Agrarian Reform)
*PARC - Presidential Agrarian Reform Committee *CARP - Comprehensive Agrarian Reform PROGRAM; ib2i

LEASEHOLD TENANCY SHAREHOLD Coverage ​(Sec. 4)


TENANCY Shall cover, regardless of tenurial arrangement and commodity
produced:
The tenant or lessee always The tenant may choose to
a) all private and public ​agricultural lands, as provided in
shoulders all items of shoulder, in addition to labor,
Proc. No. 131, and EO 229;
production except the land; any one or more of the items
b) including other lands of public domain suitable for
of contributions (inc. farm
agriculture.
implements, work animals,
Agricultural lands - ​land devoted to agricultural activity and not
final harrowing,
classified as mineral, forest, residential, commercial, or industrial
transplanting);
land. (Sec. 3(c), RA 6657)
Tenant is the ​sole ​manager of Tenant and landholder are
Specifically:
the farmholding. co-managers;
a)All alienable and disposable lands of the public domain
Tenant gets the whole produce Tenant and landowner divide devoted to or suitable for agriculture;
with mere obligation to pay a the harvest in proportion to b) All lands of the public domain in excess of the specific
fixed rental. their contributions. limits as determined by Congress in the preceding
paragraph;
The DAR is mandated to determine and fixed immediately the c)All other lands owned by the Government devoted to or
lease rentals. (Sec. 12) suitable for agriculture; and
(d)All private lands devoted to or suitable for agriculture
Constitutionality of RA 6657 regardless of the agricultural products raised or that can
Association of Small Landowners in the Philippines v. Secratary of be raised thereon.
Agrarian Reform: to sum, the law is constitutional insofar as it
conforms with the exercise of the power of eminent domain, No reclassification of forest or mineral lands to agricultural lands
namely: public use, and just compensation. For public use, the shall be undertaken after the approval of this Act until Congress,
CARP Law is intended to achieve the national goal of agrarian taking into account ecological, developmental and equity
reform after the deprivations of our peasant masses during the considerations, shall have determined by law, the specific limits of
recent decades; the public domain. ​Sec. 4(a)

The CARP Law, under Sec. 18 provides for the value and form of Exemptions and Exclusions​ ​(Sec. 10)
just compensation; the proportion of cash payment to the other 1) Lands actually, directly, and exclusively used for:
things of value constituting the total payment, as determined on the a) parks;
basis of the areas of the lands expropriated, is not unduly b) wildlife;
oppressive upon the landowner. c) forest reserves;
d) reforestation;
Note that the exercise of expropriation in eminent domain only e) fish sanctuaries and breeding grounds;
applies when the private landowner is reluctant and unwilling to f) watersheds, and mangroves;
sell, or cannot accept the price or other conditions offered by the
vendee. So long as this power is properly exercised in view of the 2) Lands actually, directly, and exclusively used, ​and found to be
requirements, there is a ​paramount ​authority of the State over the necessary for:
interest of the property owner. Private rights must yield to the a) national defense;
irresistible demands of the public interest on the justification that b) school sites and campuses;
the welfare of the people is the supreme law. c) church sites and convents appurtenant thereto;
d) mosque sites and Islamic centers appurtenant thereto;
Nor the CARP Law violates the equal protection laws. For one, the e) communal burial grounds;
requirements of equal protection clause are: f) penal colonies and penal farms;
a) substantial distinctions; g) government colonies and penal farms actually worked by
b) germane for the purposes of the law; the inmates;
c) limited to existing conditions only; and h) all lands with 18% slope and over.
d) must apply equally to all members of the class. i) 18% slope - ​obtained by 100 meter run, and an
18 meter rise; except those already developed.
Anent the argument of the petitioners, affecting requisite (a), their 3) In ​Luz Farms v. Secretary of Agrarian Reform - ​agricultural
argument that the burden of implementation of CARP Law should lands devoted for commercial livestock, poultry, and swine raising.
not only apply to landowners, but also owners of other properties
is untenable. There is substantial distinctions between the 4) Landholdings of landowners with a total of 5 hectares ​and
landowners and other property owners which is clearly visible below ​shall not be covered for acquisition, and distribution to
except those who will not see. qualified beneficiaries.
(Sec. 3, RA 9007, amending Sec. 4, RA 6657)

2
*LBP - Land Bank of the Philippines *CARL - Comprehensive Agrarian Reform LAW; LABOR (Agrarian Reform)
*PARC - Presidential Agrarian Reform Committee *CARP - Comprehensive Agrarian Reform PROGRAM; ib2i

5) ​Natalia Realty v. DAR - ​subdivision lands already devoted to a period not exceeding twenty-five years, renewable for
residential uses (also indusrial) not more than twenty-five years, and not to exceed one
thousand hectares in area. Citizens of the Philippines
Retention Limits ​(Sec. 6) may lease not more than five hundred hectares, or
No person may own or retain, directly or indirectly, public or acquire not more than twelve hectares thereof, by
private agricultural land, size of which as determined by the purchase, homestead, or grant.
PARC,​ but in no case shall exceed five (5) hectares. b) Contracts covering lands not in excess of 1,000 hectares,
in case of corporations; and 500 hectares on individuals,
Three (3) hectares may also be awarded to each child of the shall be allowed to continue but not beyond, whichever is
landowner, provided: sooner:
a) he is at least 15 years of age; i) August 29, 1992; or
b) he is actually tilling the land or directly managing the ii) their valid termination.
farm. Continuation thereof shall be confirmed by the
appropriate government agency.
The right to choose an area to be retained shall pertain to the c) Land possessed by ​private individuals, ​held and
landowner, but when the land is tenanted: possessed by multinational corporations shall be subject
a) The tenant shall have the option to ​remain​, in that case, to ​immediate compulsory aqcuisition and distribution
he shall be considered a leaseholder and shall lose his upon expiration of the applicable lease, management,
right to be a beneficiary; or grower, or service contract in effect as of August 29,
b) Shall have the option to be a beneficiary in the same or 1987.
another agricultural land with the same or comparable
features, in which case, he loses his right as a leaseholder. Generally, these lands shall be distributed ​directly ​to the individual
(Sec. 6, RA 6657) worker.
If not economically feasible, a worker’s cooperative or association
Exceptions to the Retention Limits: shall be established for the purpose of entering into a lease or
1. Landowner whose lands have been covered by PD 27, (they are growers agreement and for all other legitimate puposes.
allowed to keep the areas already retained by them hereunder);
Ancestral Lands ​(Sec. 9)
2. Original homestead grantees or direct compulsory heirs who For the purposes of this Act, this shall include, those of indigenous
still own the original homestead at the time of the approval of cultural community, including, but not limited to:
CARL, as long as they continue to cultivate said homestead; a) in the actual, continuous, and open possession of its
members;
3. ​Sec. 6-A: ​Provincial, city, and municipal government units b) provided the Torrens System must be respected.
acquiring ​private agricultural lands ​by expropriation or other
modes of acquisition to be used for actual, direct, and exclusive Their right to their ancestral lands must be respected; and the
public purposes, shall not be subject to 5-hectare retention limit systems of land ownership, land use, and modes of settling land
under this section. Provided: disputes of all these communities must be respected and
a) Lands that may be under the CARP may may undergo recognized.
land acquisition and redistribution; and
b) these lands may be expropriated subject to the payment of Private Land Acquisition
just compensation to the beneficiaries. ​(amended by RA Steps: Acquisition -> Distribution
9700, Sec.4) Kinds:
a) Compulsory Acquisition (Sec. 16)
Land possessed by Multinational Corporations​ ​(Sec. 8) i) Notice to acquire the land sent to landowner and
Lands of public domain held or possessed by multinational beneficiaries; notice in conspicuous places in
corporations shall be programmed for acquisition and distribution. municipal building and the baranggay where the
Those under ​lease, management, grower, or service contracts, property is located;
shall disposed as follows: ii) inform to DAR his acceptance or rejection of the
a) Lands covering an aggregate area in excess of 100 offer;
hectares, leased or held by foreign individuals an area iii) if accepted, ​LBP pays and executes a deed of
excess of 500 hectares are deemed amended to conform sale in 30 days, then surrenders CT and other
with the limits set by Sec. 3, Art. XII of Constitution: muniments of title;
Section 3. Lands of the public domain are classified into iv) if rejected or failed to reply, ​DAR shall conduct
agricultural, forest or timber, mineral lands and national summary administrative proceedings to
parks. Agricultural lands of the public domain may be determine the compensation. If landowner des
further classified by law according to the uses to which not concur with the findings, he can take the
they may be devoted. Alienable lands of the public matter to the courts;
domain shall be limited to agricultural lands. ​Private v) Payment of just compensation;
corporations or associations may not hold such vi) Registration of TCT to the name of RP;
alienable lands of the public domain except by lease, for

3
*LBP - Land Bank of the Philippines *CARL - Comprehensive Agrarian Reform LAW; LABOR (Agrarian Reform)
*PARC - Presidential Agrarian Reform Committee *CARP - Comprehensive Agrarian Reform PROGRAM; ib2i

vii) On standing crops: ​landowner shall retain his 3) Substitution for surety or bail bonds for
share of unharvested crops and shall be given the provisional release of accused
reasonable time to harvest the same. persons, or performance bonds;
4) Security for loans with any government
b) Voluntary Land Transfer (Sec. 20) - ​voluntary financial institution;
arrangement for direct transfer of lands to qualified 5) Payment of various taxes and fees to
beneficiaries, subject to ff. guidelines: the government, up to a certain
i) notice for voluntary land transfer shall be percentage set by PARC;
submitted to the DAR a year from the effectivity 6) Payment of tuition fees of immediate
of the CARL; family of the original bondholder;
ii) terms and conditions must not be less favorable 7) Payment of government hospital fees;
than those of the government’s standing offer; 8) Such other uses.
iii) shall include sanctions for non-compliance by
either party and shall be duly recorded and All arrearage in real property taxes, without penalty or interest,
implementation monitored by DAR. shall be deductible from the compensation to which the owner is
entitled. (Sec. 66, RA 6675)
Compensation
Determination of just compensation (Sec. 17) Qualified Beneficiaries ​(Sec. 22)
a) cost of acquisition of land; Shall be distributed to the landless residents of the ​same barangay,
b) current value of like properties; or of the ​same municipality ​in the absence thereof in the following
c) nature; order of priority:
d) actual use and income; a) agricultural lessees and share tenants;
e) sworn valuation by the owner; b) regular farmworkers;
f) tax declarations; - Farmer - ​[Sec. 3(f)]; F ​ armer - ​[Sec. 3(g)]
g) assessment by government assessors; c) seasonal farmworkers;
h) value of standing crops​ (added by RA 9700)​; - a natural person who is employed on a recurrent,
i) 70% of the zonal valuation of the BIR ​(RA 9700)​. periodic, or intermittent basis by an agricultural
Additional factors: enterprise or farm, whether as a permanent or a
a) social and economic benefits contributed by the farmers, non-permanent laborer, such as dumaan, sacada,
farmworkers, and the government; and the like. [Sec. 3(i)].
b) non-payment of taxes and loans secured from any d) other farmworkers;
government institution. - those not regular nor seasonal farmworkers.
EO 405 (1990) - The LBP shall be primarily responsible for the [Sec. 3(j)]
determination of the land valuation and compensation e) actual tillers or occupants of the public lands;
f) collectives or cooperatives of the above beneficiaries;
Modes of payment (Sec. 18) g) others directly working on the land.
a) Cash payment​;
i) For lands ​above 50 hectares: ​25% cash, balance In the case of children of the foregoing, they must be qualified
to be paid in government financial instruments under Sec. 6 hereof; if so, they are given preference to the
negotiable at any time; distribution of the lands of their parents, entitled to three-hectare
ii) For lands ​above 24 hectares up to 50 hectares: award before it be given to any partner.
30% cash, balance in the same form;
iii) For lands ​24 hectares and below: ​35% cash, Sec. 22-A: ​Order of priority:
balance in the same form. a) landholding shall first be distributed to qualified
b) Shares of Stock in GOCCs, LBP, physical assets or other beneficiaries under Sec. 22 (a) and (b), up to a maximum
qualified investments in accordance with guidelines set of ​3 hectares each;
by PARC; b) Only when the foregoing receives 3 hectares each shall
c) Tax Credits ​to be used against tax liability; the remaining portion be distributed to other beneficiaries,
d) LBP Bonds​ with features: under Sec. 22, (c) , (d), (e), (f), and (g). ​(RA 9700)
i) Market interest rates aligned with 91-day
treasury bill rates; Basic qualification: ​Willingness, aptitude, and ability to cultivate
ii) Transferrability and negotiability, that may be and make the land as productive as possible;
used for:
1) Acquisition of land or other real Disqualifications:
properties of the government; 1) Beneficiaries under PD 27 who have culpably sold,
2) Acquisition of shares of stock of disposed of, or abandoned, their lands;
GOCCs or of stocks owned by the 2) Beneficiaries guilty of negligence or misuse of the land or
government in private corporations; any support extended to them;
3) Beneficiaries with at least 3 hectares of agricultural land;
and

4
*LBP - Land Bank of the Philippines *CARL - Comprehensive Agrarian Reform LAW; LABOR (Agrarian Reform)
*PARC - Presidential Agrarian Reform Committee *CARP - Comprehensive Agrarian Reform PROGRAM; ib2i

4) Beneficiaries whose land was foreclosed on mortgage by 3.


Conversion (Sec. 65)
the Land Bank of the Philippines for failure to pay three a. When the land ceases to be economically
consecutive ​annual amortization ​(Sec. 26, par. 2) feasible and sound for agricultural purposes;
b. Locality has become urbanized; and
c. The land will have greater economic value for
Award residential, commercial, or industrial purposes
No qualified beneficiary shall own more than 3 hectares of Within 5 years after the award, the DAR, upon application of the
agricultural land. (Sec. 23) beneficiary or the landowner, may authorize ​reclassification ​or
conversion of the land, ​Provided that the beneficiary shall fully
The award of land, moreover, must be completed within 180 days pay his obligation. (DAR shall only entertain conversion
from the actual possession of DAR of the land; all rights and applications 5 years from the award)
responsibilities of the beneficiary shall commence from the time of
the award. (Sec. 24) PRESIDENTIAL AGRARIAN REFORM COUNCIL (PARC)
Composition: ​(Sec. 41)
Sec. 23, modification: Beneficiaries may opt for collective a) President of the Philippines as Chairman;
ownership, but the total area must not exceed the total number of b) DAR Secretary as Vice-Chairman;
co-owners or members multiplies by the award above prescribed c) DA Secretary
(Sec. 25) d) DENR
(number of co-owners x 3 ha = maximum) e) DBM
f) DILG
Evidence: Certificate of Land Ownership Award g) DPWH
h) DTI
Payment i) DOF
Beneficiaries shall pay the awarded land to LBP in thirty (30) j) DOLE
annual amortization​, with ​6% interest per annum; ​it shall be in a k) Director-General, NEDA
way of mortgage in favor of the LBP, and may be foreclosed in l) President, Land Bank of the Philippines;
favor of LBP in case of failure to pay 3 aggregate annual m) Administrator, National Irrigation Administration;
amortizations. n) 3 representatives of affected landowners to represent
Luzon, Visayas, and Mindanao;
Note: o) 6 representatives of agrarian reform beneficiaries, each
a) The payment for the first 3 years shall be at the reduced from LuzViMin, provided that one of them shall be from
amounts; cultural communities.
b) First 5 annual payments must not be more than 5% of the
value of the annual gross production; Functions (Sec. 47)
c) Should the payment after 5 years exceed 10% of the gross a) Mediate and conciliate between parties involved in an
annual production, and the failure to produce is not at the agrarian dispute including matters related to tenurial and
beneficiary’s fault, the interest rate may be reduced or the financial arrangements;
prinicipal interest may be reduced to make payment more b) Assist in the identification of qualified beneficiaries and
afforedable. landowners within the baranggay;
c) Attest to the accuracy of the mapping of beneficiary’s
Prior to full payment, the title remains in the name of the Republic tillage;
of the Philippines. d) Assist qualified beneficiaries in obtaining credit from
lending institutions;
Ownership Limitations on Awarded Lands e) Assist in initial determination of the value of the land;
1. Lands acquired by the beneficiaries may not be sold, f) Assist the DAR representatives in the preparation of
transferred, or conveyed, within 10 years from the grant, periodic reports on the CARP implementation;
except by: g) Coordinate the delivery of support services to the
a. hereditary succession; or beneficiaries;
b. to the government; or h) Perform such other functions as may be assigned by the
c. to the LBP; or DAR.
d. other qualified beneficiaries. ​(Sec. 27)
Barangay Agrarian Reform Council (BARC)
2. If the land has not yet been fully paid by the beneficiary, - prepares the list of supposed owners or covered land or
the rights to the land may be transferred or conveyed, qualified beneficiaries under CARL.
with prior approval of DAR, to:
a. any heir of the beneficiary; Quasi-Judicial Powers of DAR ​(Sec. 50)
b. any other beneficiary. DAR has the ​primary jurisdiction ​to determine and adjudicate
With the ​condition ​that the transferee must cultivate the agrarian reform matters and shall have exclusive original
land himself. jurisdiction over all matters involving the implementation of

5
*LBP - Land Bank of the Philippines *CARL - Comprehensive Agrarian Reform LAW; LABOR (Agrarian Reform)
*PARC - Presidential Agrarian Reform Committee *CARP - Comprehensive Agrarian Reform PROGRAM; ib2i

agrarian reform, except those falling in the exclusive jurisdiction Transactions under this act shall be exempt from:
of the DENR. a) payment of registration fees;
b) all other taxes and fees for conveyance or transfer of
Matters involving strictly the administrative implementation of the lands.
CARP and agrarian laws and regulations shall be ​exclusive Arrearage of real property taxes shall be deductible from
prerogative ​of ​and cognizable by the Secretary of Agrarian compensation to which the owner may be entitled. (Sec. 66)
Reform.
No injunction, restraining order, prohibition, or mandamus shall be
issued by the lower courts against DAR, DA, DENR, and DOJ for
DAR Adjudicator the implementation of this Act. (Sec. 68)
a) DAR Adjudication Board (DARAB)
i) Original and appellate jurisdiction; Banks allowed by law to hold mortgage rights or security interests
ii) functional supervision over the RARAD and in agricultural lands to secure loans may acquire title to these
PARAD. mortgaged properties, subject to existing laws. (Sec. 71)
b) Regional Agrarian Reform Adjudicator (RARAD)
i) Regional adjudicator within the concerned Prohibited Acts ​(Sec. 73, as amended by RA 9700)
region; 1) ownership or possession of agricultural lands in excess of
ii) receives, hears, and adjudicates cases which the the total retention limits or award ceilings;
PARAD cannot handle a) Except those under collective ownership by
c) Provincial Agrarian Reform Adjudicator (PARAD) farmer-beneficiaries;
2) Forcible entry or illegal detainer by persons who are not
Powers: qualified beneficiaries under the CARL;
a) Summon witnesses; 3) Any conversion by landowner of his agricultural land into
b) administer oaths; any non-agricultural use to avoid application of this Act;
c) take testimony; 4) Malicious and willful obstruction of the implementation
d) require submission of reports; of the CARL;
e) compel the production of books and documents and 5) Sale, transfer, conveyance or change of the nature of
answers to interrogations by way of ​subpoena duces lands outside urban centers except upon completion of
tecum ​or ​subpoena; requirements of conversion under Sec. 65;
f) To punish indirect and direct contempt subject to the 6) Sale, transfer, conveyance by a beneficiary of the right to
same penalties as provided by Rules of Court. use over the land (usufructuary) over the land he
DAR is not bound by technical rules of procedure and evidence; acquired;
but shall proceed to hear and decide all cases in an ​expeditious 7) Unjustified, willful, and malicious act by responsible
manner​, and shall adopt a ​uniform rules of procedure. officers of the government through:
a) denial of notice or of reply to landowners;
Sec. 50-A: ​No court or prosecutor’s office shall take cognizance of b) deprivation of retention rights;
cases pertaining to implementation of CARP except when an RTC c) undue or inordinate delay in preparation of claim
is constituted as a Special Agrarian Court. folders;
d) undue delay, refusal, or failure in payment of
Judicial Review: just compensation.
May be appealed to the CA by way of certiorari (Sec. 54); but 8) Unjustified failure or undue delay of DAR, LBP, PARC,
regardless, the decision shall be immediately executory. (Sec. 51). or any concerned agency to submit required report as
required by any party of the government, HR, or Senate;
No court shall issue any restraining order or writ of preliminary 9) Undue delay with compliance of obligation to certify or
investigation against PARC or any of its duly authorized agencies. attest and/or falsification thereof as required by Sec. 7;
10) Any other culpable neglect or willful violations of the
Special Agrarian Courts ​(Sec. 56) provisions of this act
The Supreme Court shall designate at least 1 RTC branch within
each province to act as a Special Agrarian Court. Penalties ​(Sec. 74, as amended by RA 9700)
- ​Imprisonment for not less than 1 month to not more than 3 years;
Jurisdiction: ​original and exclusive jurisdiction over: and/or
a) all petitions for the determination of just compensation to - ​Fine ​of not less than P1,000 but not more than P15,000.
landowners;
b) prosecution of all offenses under this Act. Subject to corresponding penalties according to specific
provisions:
The decision of the Special Agrarian Courts is appealable to the
a) Imprisonment ​of 3 years Sec. 73, paragraphs:
Court of Appeals within 15 days from the receipt of notice of the
and 1 day to 6 years; and/or a, b, f, g, h
decision. (Sec. 59)
b) Fine ​not less than P50K to
not more than P150K
General Provisions

6
*LBP - Land Bank of the Philippines *CARL - Comprehensive Agrarian Reform LAW; LABOR (Agrarian Reform)
*PARC - Presidential Agrarian Reform Committee *CARP - Comprehensive Agrarian Reform PROGRAM; ib2i

a) Imprisonment ​of 6 years 1 Sec. 73, paragraphs:


day to 12 years; and/or c, d, e, i
b) Fine ​not less than P200K,
and not more than P1M

xXx

S-ar putea să vă placă și