1.

What are the factors in the evaluation of the property appropriated as ruled by the Supreme
Court in Republic v. Lichauco (14 SCRA 682)
 More specifically, they took into consideration the prevailing prices of similar lands in
adjacent areas, the soil condition of the haciendas, together with their accessibility,
improvements and climate. They also examined all the deeds of sale submitted,
together with the testimonial evidence presented by both parties. And on the basis of
the evidence thus submitted, and after classifying the lands into irrigated lands,
subdivided into 1st, 2nd and 3rd classes, and unirrigated lands also subdivided into
three classes,
2. In the case of Association of Small Landowners v. Secretary of Agrarian Reform (175 SCRA 343)
what is the meaning of just compensation. And what are the criteria for determining just
compensation.
 Just compensation is defined as the full and fair equivalent of the property taken from
its owner by the expropriator.
 In determining just compensation, the cost of acquisition of the land, the current
value of the like properties, its nature, actual use and income, the sworn valuation by
the owner, the tax declarations, and the assessment made by government assessors
shall be considered. The social and economic benefits contributed by the farmers
and the farmworkers 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.
3. When must just compensation be paid as cited in the case of Land Bank vs. Court of Appeals,
249 SCRA 149
 Just compensation must be paid at the time of the deprivation of the landowners their
property.
4. Are landowners entitled to recover interest from the time of taking (Republic vs. Tayengco 19
SCRA 898)
 that owners of expropriated lands are entitled to recover interest from the date the
condemnor takes possession of the lands and the amounts granted to the court shall
cease to earn interest only from the moment they are paid to the owners or deposited
in court
5. What is a landless resident under our laws
 Sec. 25 of the Comprehensive Agrarian Reform Law states that a landless resident is a
farmer or tiller who owns less than 3 hectares of land. It could refer to the following
o Agricultural lessees and share tenants
o Regular farmworkers
o Seasonal farmworkers
o Other farmworkers
o Actual tillers or occupants of public lands
o Collectives or cooperatives of the above beneficiaries
o Others directly working on the land
6. Who are entitled to be beneficiaries of the lands under the Constitution?

 Article 13, Section 4 of the 1987 Constitution states that The State shall, by law,
undertake an agrarian reform program founded on the right of farmers and regular
 farmworkers who are landless, to own directly or collectively the lands they till or, in
the case of other farmworkers, to receive a just share of the fruits thereof.

7. What must a claimant show in order to be entitled to be a beneficiary of the agrarian reform
program
 Under DAR Administrative Order No. 2, Series of 2009 (IV.E.1) the claimant must show
that he is:
o Landless as defined by R.A. No. 6657, as amended
o Filipino Citizen
o 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
o At least fifteen years of age at the time of identification, screening and selection
of farmer-beneficiaries
o Willing, able and equipped with the aptitude to cultivate and make the land
productive
8. If a person enters upon the lands of another without any agreement with the landowner, is he
entitled to claim the land as a beneficiary of agrarian reform?
 No. He is not entitled to be a beneficiary of the agrarian reform. One of the requisites is
the establishment of a tenancy agreement between the farmer and the landowner. If
such is absent, there is no existing agreement between the individuals and therefore,
the person entering upon the land of another cannot derive any right from his actions.

9. What is the status of awards made to beneficiaries who have been issued titles (Emancipation
Patents) under Executive Order 228 where the landowner was not notified nor paid just
compensation
 The awards made to the beneficiaries is still a defective title. In the case of Association
of Small Landowners vs. Secretary of Agrarian Reform, the Supreme Court ruled that
title and ownership over the land can be transferred to the beneficiaries only upon full
payment of the just compensation to the landowner. Hence, the non-payment of just
compensation to the owner do not transfer the title and ownership to the beneficiaries
even they have been issued Emancipation Patents
10. What are the remedies of the landowners where titles has been issued without the observance
of the legal requirements
 The remedy available to the landowner is to request to the courts to annul the issued
titles. In the case of Association of Small Landowners vs. Secretary of Agrarian Reform,
the Supreme Court ruled that title and ownership over the land can be transferred to
the beneficiaries only upon full payment of the just compensation to the landowner.
The landowner still have a better title of ownership to his lands because of the non-
payment of just compensation or other legal requirements.