VI. R.A.

6657: The Comprehensive Agrarian Reform Law of 1988, as

amended

E. Land Acquisition (Compulsory Acquisition) SECTION 16

 DAR Administrative Order No. 07-11: Revised Rules and Procedures

Governing the Acquisition and Distribution of (R.A.) No. 6657, as
Amended Private Agricultural Lands Under Republic Act
o covers (1) all private agricultural lands BUT which have not been
issued NOTICES OF COVERAGE; and (2) private agricultural lands
which have NOTICES OF COVERAGE but the list of potential
beneficiaries has been finalized by the Municipal Agrarian Reform
Officer
o PRIVATE LAND DEEMED PRIVATE – untitled public alienable and
disposable land
 continuous occupancy and cultivation prior to Dec. 04, 1972
 Classification of land as alienable and disposable on or prior to
 payment of real estate tax
 non-existence of adverse claim

 DAR Administrative Order No. 02-09:

 Roxas & Co. vs. CA (G.R. No. 127876, 17 December 1999) Sta. Rosa Realty Development
Corporation vs. CA (G.R. No. 112526, 12 October 2001)

o In the compulsory acquisition of private lands, the landholding, the landowners and the
farmer beneficiaries must first be identified.

o For a valid implementation of the CAR program, two notices are required: (1) the
Notice of Coverage and letter of invitation to a preliminary conference sent to the
landowner, the representatives of the BARC, LBP, farmer beneficiaries and other
interested parties pursuant to DAR A.O. No. 12, Series of 1989; and (2) the Notice of
Acquisition sent to the landowner under Section 16 of the CARL.

o The Notice of Acquisition in Section 16 of the CARL is required to be sent to the

landowner by "personal delivery or registered mail."

 Heirs of Nicolas Jugalbotvs. CA (G.R. No. 170346, 12 March 2007)

o A tenancy relationshipcannot be presumed; Tenancy is not a purely factual

relationshipdependent on what the alleged tenant does upon the land—it isalso a legal
relationship
  (a) the parties are the landowner and the tenant
 (b)the subject matter is agricultural land;
 there is consent
 there is a sharing of harvestsbetween the parties. there is personalcultivation
by the tenant purpose is agricultural production

 Polo Plantation Agrarian Reform Multipurpose Cooperative vs. Inson(G.R. No. 189162, 30
January 2019)

o Section 16(a) requires that after identification of the land, landowners, and farmer
beneficiaries, the Department of Agrarian Reform will send a notice of acquisition to
the landowner, through personal delivery or registered mail, and post it in a
conspicuous place in the municipal building and barangay hall of the place where the
property is located.

f. Land Acquisition (Voluntary Offer to Sell)

 Section 19, R.A. 6657, as amended

o Landowners, other than banks and other financial institutions, who voluntarily offer their
lands for sale shall be entitled to an additional five percent (5%) cash payment.
o Landowners of agricultural lands subject to acquisition under this Act may enter into a
voluntary arrangement for direct transfer of their lands to qualified beneficiaries subject
to the following guidelines:

 Chapter 5, DAR Administrative Order No. 07-11

o LOs may voluntarily offer their private agricultural lands for coverage
under R.A. No. 6657, as amended, by submitting a notarized Letter-
Offer, in a form that shall be provided by the DAR, to the PARO
where the offered landholding is located. 

g. Retention Rights of Landowners

 Article XIII, Section 4, 1987 Constitution

o 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. To this end, the State shall encourage and undertake the just distribution of
all agricultural lands, subject to such priorities and reasonable retention limits as the
Congress may prescribe, taking into account ecological, developmental, or equity
considerations, and subject to the payment of just compensation. In determining retention
 limits, the State shall respect the right of small landowners. The State shall further
provide incentives for voluntary land-sharing.
 Retention limit
o SECTION 6. Retention Limits
  in no case shall retention by the landowner exceed five (5) hectares.
 Three (3) hectares may be awarded to each child of the landowner, subject
to the following qualifications: 
 at least fifteen (15) years of age
 he is actually tilling the land or directly managing the farm
 The right to choose the area to be retained, which shall be compact
or contiguous, shall pertain to the landowner: Provided, however,
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. 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 this
Act. In case the tenant chooses to be a beneficiary in another
agricultural land, he loses his right as a leaseholder to the land
retained by the landowner. The tenant must exercise this option
within a period of one (1) year from the time the landowner
manifests his choice of the area for retention.
 Preferred beneficiaries
o  landless farmers, including agricultural lessees, tenants, as well as regular,
seasonal and other farmworkers.
 Exceptions to retention limit
  Lands actually, directly and exclusively used and found to be necessary for
parks, wildlife, forest reserves, reforestation, fish sanctuaries and breeding
grounds, watersheds, and mangroves, national defense, school sites and
campuses including experimental farm stations operated by public or private
schools for educational purposes, seeds and seedlings research and pilot
production centers, church sites and convents appurtenant thereto, mosque sites
and Islamic centers appurtenant thereto, communal burial grounds and
cemeteries, penal colonies and penal farms actually worked by the inmates,
government and private research and quarantine centers and all lands with
eighteen percent (18%) slope and over, except those already developed shall be
exempt from the coverage of this Act.
 Right to choose the area to be retained
o GR: The right to choose the area to be retained, which shall be
compact or contiguous, shall pertain to the landowner:
o XP: 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. 
 DAR Administrative Order No. 05-00: Revised Rules and Procedures for the
Exercise of Retention Right by Landowners
 o Under the Compulsory Acquisition (CA) scheme, the landowner
shall exercise his right of retention within sixty (60) days from receipt
of the Notice of Coverage.
o Voluntary Offer to Sell (VOS) scheme, the right of retention shall
be exercised at the time the land is offered for sale.
 DAR Administrative Order No. 02-03: 2003 Rules of Procedure on
Landowners Retention Rights
 Alita vs. CA, G.R. No. 78517, 27 February 1989

Philippine Constitution likewise respects the superiority of the homesteaders' rights over
the rights of the tenants guaranteed by the Agrarian Reform statute.
o

h. Just Compensation
 Sections 17, 18, 19
o the cost of acquisition of the land, the current value of 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

i. Land Distribution
 Sections 22, 22-A, 23, 24, 26, 27
o Qualified Beneficiaries. – The lands covered by the 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:
 agricultural lessees and share tenants
 regular farmworkers
 seasonal
 other farmworkers
 actual tillers or occupants of public lands
 collectives or cooperatives of the above beneficiaries
o SECTION 23. Distribution Limit. – No qualified beneficiary may own more
than three (3) hectares of agricultural land

For purposes of this Act, a landless beneficiary is one who owns less than three (3)
hectares of agricultural land.

o
j. Corporate Farms
 Sections 29, 30
 Hacienda Luisita vs. PARC (G.R. No. 171101, 05 July 2011)
k. Administrative Adjudication
 Sections 50, 50-A