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A 6657)
The following are the probable MIDTERM questions for Agrarian. I got these questions from our Prof.s
discussions on CARP. I have already provided the answers but you might double check as well Hope
this would help! GOD BLESS and GOOD LUCK to us

1.) What are three key objectives of CARP? (CES or SEC)
CAPABILITY- it builds the capability of farmer- beneficiaries to manage reformed lands
productively by giving them the support services they need.
EQUITY- it establishes equity by democratizing control over the countrys lands to a
large section of a population and enabling them to directly participate in nation-
SUSTAINABILITY- it promotes sustainability by incorporating the ecosystem and
stakeholder approaches to land use and management.
2.) What are those lands covered by the CARP?
In general, CARP covers all public and private agricultural lands including lands of public
domain suitable for agriculture regardless of tenurial arrangement and commodity
In particular, CARP covers the following lands:
(a.) All alienable and disposable lands of the public domain devoted to or suitable for
agriculture. No reclassification of forest or mineral lands to agricultural land shall be
undertaken until Congress shall have determined, by law, the specific limits of the
public domain.
(b.) All lands of the public domain in excess of the specific limits as determined by
Congress taking into account ecological development and equity considerations;
(c.) All other lands owned by the Government devoted to or suitable for agriculture;
(d.) All private lands devoted to or suitable for agriculture regardless of the agricultural
products raised or that can be raised thereon; and
(e.) Landholdings subject to expropriation on acquisition by local government units not
actually, directly, and exclusively used for non- agricultural purposes are subject if
one or more of the following conditions apply.
a. There is agricultural activity;
b. The land is suitable for agriculture; or
c. The land is presently occupied and tilled by the tenants.
3.) What is the time frame for the implementation of CARP?
Under R.A No. 9700, the acquisition and distribution of agricultural lands under CARP
shall be completed by June 30, 2014.
4.) What are the rules with regard to the retention limits under CARP?
The retention by the landowner shall in no case exceed five (5) hectares; and
Three (3) hectares may be awarded to each child of the landowner, subject to the
following qualifications:
(a.) That he is at least 15 years of age;
(b.) That he is actually tilling the land or directly managing the farm.
5.) Who can choose the area to be retained?
The landowner can choose the area to be retained except that, in case the area selected
for retention by the landowner is tenanted, the tenant shall have the option to choose
whether to remain therein or be a beneficiary in the same or another agricultural land
with similar or comparable features.
(a.) In case the tenant chooses to remain in the retained area, he shall be considered a
leaseholder and shall lose his right to be a beneficiary under the Act.
(b.) In case the tenant chooses to be beneficiary in another agricultural land, he loses his
right as a leaseholder to the land retained by the landowner.
Note: The tenant must exercise his option within a period of one year from the time the landowner
manifests his choice of the area for retention.
6.) What are the exceptions to the retention limits provided above?
(a.) Landowners whose lands have been covered by P.D. 27 shall be allowed to keep the area
originally retained by them;
(b.) Original homesteads grantees or their direct compulsory heirs who still own the original
homestead at the time of the approval of the law shall retain the same areas as long as they
continue to cultivate said homestead.
(c.) 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.
7.) What are those exemptions and exclusions from the coverage of CARP?
Under Sec. 10 of the Act, the following are exempt from the coverage of the Act:
(a.) Lands actually, directly, and exclusively used and found to be necessary for:
1. Parks, wildlife, forest reserves, and reforestation;
2. Fish sanctuaries and breeding grounds; and
3. Watersheds and mangroves.
(b.) Private lands actually, directly, and exclusively used for prawn farms and fishponds;
(c.) Lands actually, directly, and exclusively used and found to be necessary for:
1. National defense;
2. School sites and campuses, including experimental farm stations operated by
public or private schools, for educational purposes, and seed and seedlings,
research and pilot production centers;
3. Church sites and convents appurtenant thereto, mosque sites and Islamic center
appurtenant thereto;
4. Communal burial grounds and cemeteries;
5. Penal colonies and penal farms actually work by the inmates; and
6. Government and private research and quarantine centers; and
(d.) All lands with 18% slope and over, except those already developed.
(e.) Ancestral lands/ domains and retention areas granted to landowners.
8.) Why is timberland not covered by CARP?
Because timberland is an inalienable property of public domain.
9.) What is a Voluntary offer to sell? What are the benefits that the landowner may acquire
thereof? When is the deadline of such transfer?
A voluntary offer to sell is a transaction between the government and the landowner
where the latter voluntarily offers his landholding for sale in favor of the former.

*Voluntary land transfer on the other hand, is the transaction between the landowner
and the beneficiary. Landowners may enter into direct transfer of their lands to
qualified beneficiaries subject to the following guidelines:

(a.) All notices for voluntary land transfer must be submitted to the DAR within the first
year of the implementation of the CARP.
(b.) The terms and conditions of such transfer shall not be less favorable to the
transferee than those of the governments standing offer to purchase from the
landowner and resell to the beneficiaries, if such offers have been made and fully
known to both parties; and
(c.) The voluntary agreement shall include sanctions for non-compliance by either party
and shall be duly recorded and its implementation monitored by the DAR.
In such kind of land transfer, the landowner shall acquire the following benefits:
a. The transaction shall be exempted from the payment of capital tax and other taxes
and fees; and
b. The landowners, other than banks and other financial institutions, who voluntarily
offer their lands for sale, shall be entitled to an additional 5% cash payment.
The Voluntary offer to sell should be exercised before July 1, 2009 or until June 30, 2009
10.) What happens if the application for voluntary land transfer happens after such date provided
The government cannot entertain such transfer and it would then be treated as a
Compulsory Land Acquisition.
11.) How is just compensation determined? What are the modes of compensation under the
In determining just compensation, the following shall be considered; subject to the final
decision of the proper court:
a. The cost of the acquisition of the land;
b. The current value of like properties;
c. Its nature;
d. Its actual use and income;
e. The sworn valuation by the owner;
f. The tax declarations;
g. The assessment made by the government assessors; and
h. 70% of the zonal valuation of the BIR translated into basic formula by the DAR.
The social and economic benefits contributed by the farmers and the farm workers and
by the Government to the property as well as the non payment of taxes or loans
secured from any government financing institution on the said land shall be considered
as additional factors to determine its valuation.

The modes of compensation under the CARP, in the option of the landowner, are
the following:
(1.) Cash payment under the following terms and conditions:
a. For lands above 50 hectare, insofar as the excess hectares is concerned-
25% cash, the balance to be paid in governments financial instruments
negotiable at any time.
b. For lands above 24 hectares and up to 50 hectares- 30% cash, the balance to
be paid in government5 financial instruments negotiable at any time.
c. For lands 24 hectares and below- 35% cash, the balance to be paid in
government5 financial instruments negotiable at any time.
(2.) Shares of stock in government-owned or controlled corporations, LBP preferred
shares, physical assets or other qualified investments in accordance with
guidelines set by the PARC;
(3.) Tax credits which can be used against any tax liability; and
(4.) LBP bonds.
12.) What are the qualifications of CARP beneficiaries?
All agrarian reform beneficiaries must be:
(a.) Landless as defined by R.A. No. 6657, as amended; (landless- farmers or tillers who
owned less than 3 hectares of agricultural land.)
(b.) Filipino citizen;
(c.) Permanent resident of the barangay and/or municipality where the landholding is
located as provided under section 22 of R.A No. 6657, as amended.
(d.) At least 15 years of age of time of identification, screening and selection of farmer-
beneficiaries; and
(e.) Willing, able and equipped with the aptitude to cultivate and make the land
Note: For farm workers in commercial farms and plantations, in addition to No. 1 requirement above, the
applicant must have been employed as of June 15, 1988 in the landholding covered under CARP.
13.) In the distribution of land property, who are prioritized?
The lands covered by CARP shall be distributed as much as possible to landless residents
of the same barangay, or in the absence thereof, landless residents of the same
municipality in the following order of priority:
a. Agricultural lessees and share tenants;
b. Regular farmworkers;
c. Seasonal farmworkers;
d. Other farmworkers;
e. Actual tillers or occupants of public lands;
f. Collectives or cooperatives of the above beneficiaries; and
g. Others directly working on the land. (sec 22)
Note: Order of priority- A landholding of a landowner shall be distributed first to qualified beneficiaries
under Sec. 22 (a) and (b) of that same landholding up to a maximum of three (3) hectares each. Only
when these beneficiaries have all received three hectares each, shall the remaining portion of the
landholding, if any, be distributed to other beneficiaries under sec.22 (c), (d), (e), (f), and (g).
14.) What would the DAR issued to the beneficiaries under this Act?
The Certificate of Land Ownership Award (CLOA) if the beneficiaries have not yet paid
the full amount of compensation; or
Emancipation Patent if full compensation had been paid already. In such case, a title
would be issued under beneficiarys name.
Note: Pending full payment, the Certificate of Title is registered in the name of the Republic of the
15.) When shall the right of beneficiaries commence?
From the issuance of CLOA or Emancipation Patent, if fully paid already.
16.) Is Co-ownership under the CARP possible?
Yes, as in the case of collective ownership but subject to qualifications. The beneficiaries
may opt for collective ownership, such as co-workers or farmers cooperative or some other
form of collective organizations and for the issuance of collective ownership titles. However,
the total area that may be awarded shall not exceed the total number of co-owners or
members of the cooperative or collective organization multiplied by the award limit above
prescribed (not exceeding 3 hectares), except in meritorious cases as determined by the
PARC. (sec 25)
17.) When can a farmer beneficiary be declared in default of payment? What is the legal remedy
When the farmer beneficiary was not able to pay in an aggregate of three (3) annual
Foreclosure of the property.
18.) Under the CARP, can awarded land be transferred or disposed?
Generally, NO. However such rule is subject to certain exceptions to wit:
a. Hereditary succession (intestate succession);
b. Or to the government;
c. Or to the LBP; or
d. To other qualified beneficiaries (but subject to the knowledge and approval of DAR) for
a period of ten years.

Note: The children or the spouse of the transferor shall have the right to re purchase the land from the
government or LBP within a period of two (2) years.
19.) Who own those standing crops in an awarded land?
The landowner - seller
20.) Who has the authority to fix the leasehold and the crop-sharing?
21.) Is the decision of DAR appealable?
Yes, to the Special Agrarian Court.
22.) Is the DARAB bound to strictly observe the rules of procedure of Evidence?
No, but it could be observed in the Special Agrarian Court.
Note: the beneficiaries may be represented by their farm leader in the court.
23.) What is the jurisdiction of DARAB?
Agrarian Dispute
24.) What are functions of the support services?
The office of Support Services Office under DAR has been created by the CARL of 1988.
Headed by an Undersecretary, the Office provides general support and coordinative services
in the implementation of the CARP particularly in the carrying out the provisions of the
following services to farmer-beneficiaries and affected landowners:
(1.) Irrigation facilities, specially second crop or dry season irrigation facilities;
(2.) Infrastructure development and public works projects in areas and settlements that
come under agrarian reform
(3.) Government subsidies for the use of irrigation facilities;
(4.) Price support and guaranty for all agricultural produce;
(5.) Extending to small landowners, farmers and farmers organizations the necessary credit,
like concessional and collateral-free loans, agro-industrialization based on social
collaterals like the guarantees of farmers organization;
(6.) Promoting, developing and extending financial assistance to small and medium-scale
industries in agrarian reform areas;
(7.) Assigning sufficient numbers of agricultural extension workers to farmers organization;
(8.) Undertake research, development and dissemination of information on agrarian reform
plants and crops best suited for cultivation and marketing, and low-cost and ecologically
sound farm inputs and technologies to minimize reliance on expensive and imported
agricultural inputs;
(9.) Development of cooperative management skills through intensive training;
(10.) Assistance in the identification of ready markets for agricultural produce and
training in other various aspects of marketing; and
(11.) Administration, operation, management and funding of support services
programs and projects including pilot projects and models related to agrarian reform as
developed by the DAR. (sec 35)
25.) What are the functions of the Barangay Agrarian Reform Committee (BARC)?
The functions of BARC are the following:
(a.) Participate and give support to the implementation of the programs on agrarian reform;
(b.) Mediate, conciliate or arbitrate agrarian conflicts and issues that are brought to it for
resolution; and
(c.) Perform such other functions that the PARC, its Executive Committee, or the DAR
Secretary may delegate to it from time to time
In addition to those provided above, the CARL of 1988 has given the BARC the following
(a.) Mediate and conciliate between parties involved in an agrarian dispute including
matters related to tenurial land financial arrangements;
(b.) Assist in the identification of qualified beneficiaries and landowners within the
(c.) Attest to the accuracy of the initial parcellary mapping of the beneficiarys tillage;
(d.) Assist qualified beneficiaries in obtaining credit from lending institutions;
(e.) Assist in the initial determination of the value of lands;
(f.) Assist the DAR representative in the preparation of periodic reports on the CARP
implementation for submission to the DAR;
(g.) Coordinate the delivery of support services to the beneficiaries; and
(h.) Performed such other functions that may be assigned by the DAR. (sec 47)
Note: The BARC shall endeavor to mediate, conciliate and settle agrarian disputes lodged before it
within 30 days from its taking cognizance thereof. If after the lapse of 30-day period, it is unable to
settle the dispute, it shall issue a certification of its proceedings and shall furnish a copy thereof upon
the parties within seven (7) days after the expiration of the 30-day period. All decisions of the BARC shall
be final and executor unless appealed to the Provincial Agrarian Reform Officer (PARO), within 10 days
from receipt of the decision, by any party aggrieved thereby. The PARO, in turn, shall render his decision
on the appeal within 15 days from receipt of the records of the case.
26.) What are the procedures in acquiring property subject to CARP?
Based on my notes, the procedures are the following:
a. Identify the properties covered;
b. Issue Notice of Coverage (NOC);
c. Determine whether the landowner will voluntarily transfer the land or contest to NOC;
d. If Voluntary land transfer is not feasible, there will be compulsory acquisition.

27.) What is the procedure of compulsory acquisition under CARP?
Administrative process
28.) What is the issue to be resolved in compulsory acquisition?
Based on my notes, it pertains to the amount of just compensation determined in the
29.) Where to file judicial review of DAR decision?
To the Court of Appeals or otherwise to the Supreme Court if Certiorari.
30.) What is the mode of appeal?
Is the findings of DARAB final and conclusive?
Yes, but subject to appeal
What are the elements of tenancy relationship?
1. the parties are the landowners and the tenant
2. the subject Is agricultural land
3. there is consent
4. the purpose is agricultural production
5. there is personal cultivation
6. there is sharing of harvest
Who determines the value of the property?
Who determines the amount of compensation? Special agrarian courts designated and authorized by
Can you enjoin the government from acquiring the land pending determination of just compensation?
No. except if it involves land beyond the ambits of CARP
What is the legal remedy? petition for determination of just compensation special agrarian court
What is the jurisdiction of special agrarian courts? determination of just compensation, criminal cases
relating to agra
Right of redemption and preemption of tenants
1. In case the land owner decides to sell the property his leased land, he must first offer to sell is
to the lessee, who has the preferential right to buy the same under reasonable terms and conditions as
provided in the code of agrarian reform.
2. If the land was sold to a third person without the knowledge of the tenant/lessee, the latter
shall have the right to redeem the same at reasonable price.
3. Sale or transfer to the government, LBP or DAR of lands acquired by the beneficiary under the
CARL shall be subject to the right of the children or spouse of the beneficiary to repurchase the land
from the government, DAR or LBP within a period of 2 years.
CLOA not authorized to sell awarded lands unless they have Secured prior authority
DAR quasi-judicial function
Through its DARAB, is vested with primary jurisdiction to determine and adjudicate agrarian
reform matters.
1. It has exclusive orig jurisdiction over all matters involving the implementation of agrarian
2. It has the power to:
a. summon witnesses, administer oaths, and take testimony
b. require submission of reports
c. compel production of books and documents
d. enforce its writs
e. punish direct and indirect contempts in the same manner and subject to the same penalties
provided in the Rules of Court.
DARAB - Only one motion for reconsideration is allowed
What is agrarian reform?
It is the redistribution of lands regardless of crops or fruits produced, to farmers and regular farm
workers who are landless, and is designed to lift the economic status of the beneficiaries.
Defined as the rectification of the whole system of agriculture The redistribution of lands, regardless
of crops or fruits produced, to farmers and regular farmworkers who are landless It comprises not only
land reform but also the reform and development of complimentary institutional frameworks, rural
education, and social welfare institutions.
What is Land Reform?
Refers to all sets of activities and measures that may or should be taken to improve or correct the
defects or problems in the relations among men with respect to their rights to the land they till
Technically defined as an integrated set of measures designed to eliminate obstacles to economic and
social development arising out of defects in the agrarian structure.
What are the role of the:
1. Farm Owner
2. Farmer Tenant
3. Government
What is tenancy?
Why is necessary that tenancy relationship exist?
What is ancestral land? Is it covered by RA 6657?
What is RA 9700?

What is just compensation?
Prescription of CLOA? 1 year
What are the conditions in the issuance of collective title? P.181
Can a parcel of land be titled in the name of cooperatives?
Coverage premid -