1. Comparable sales (CS) 2. Capitalized net income (CNI) 3. Market value (MV) LV=(CNI x 0.6) + (CS x 0.3) + (MV x 0.1) Where: LV = Land value CNI = Capitalized net income. It is the difference between the product of the annual gross production and selling price (AGP x SP) less the total cost of operation (CO) capitalized at 12%, or: CNI=(AGP x SP)-CO 0.12 CS = Comparable sales. This pertains to any one or the average of all the applicable factors such as sales transactions, acquisition cost, and market value based of mortgage price. MV = Market value per tax declaration. This pertains to the latest tax declaration and schedule of unit market value issued prior to receipt of claim folder by LBP. AGP = Average gross production. This refers to one year’s average gross production immediately preceding the date of offer in case of VOS or date of notice of coverage in case of CA. SP = Selling price. This refers to average prices for the immediately preceding calendar year from the date of receipt of the claimfolder by LBP for processing secured from the Department of Agriculture (DA) and other appropriate regulatory bodies or in their absence. CO = Cost of operation. Whenever the cost of operation coult not be obtained or verified, an assumed net income rate (NIR) of 20% shall be used. Landholdings planted to coconut which are productive at the same time of offer/coverage shall continue to use the 70% NIR. 12% = Capitalization rate The formula above shall be used of all the factors are present, relevant, and applicable and CNI and MV are applicable, the formula shall be: LV=(CS x 0.9) + (MV x 0.1) When the CNI factor is not present, and CS and MV are applicable, the formula shall be: LV=(CS x 0.9) + (MV x 0.1) When both the CS and CNI are not present and only MV is applicable, the formula shall be: LV=MV x 2 Ways to Acquire Landholdings for Distribution under CARP and Land Redistribution. 1. Compulsory Acquisition. This pertains to mandatory land acquisition by the state of all agricultural lands this undertaken if the landowner fails to comply with the requirements voluntary offer to sell (VOS) or Voluntary Land Transfer (VLT) 2. Voluntary offer to sell. This a mode of land acquisition where landowners come forward and voluntarily offer their agricultural lands for CARP coverage. These transactions are exempt from payment of capital gain tax. 3. Voluntary Land Transfer. This is a direct transaction between the landowner of an agricultural land covered by CARP and the qualified beneficiaries of such land. 4. Executive Order 407 (1990). As amended by EO 448 and 506, directs all government instrumentalities, including government financial institution and government owned and controlled corporation to immediately transfer to DAR all their holdings suitable for immediate distribution to qualified beneficiaries under CARP. 5. Operation Land Transfer. This is a mode by which the ownership of tenanted rice and corn lands are transferred to tenant beneficiaries. The lands covered by the CARP shall be distrubuted 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:
1. Agricultural lessees and share tenants
2. Regular farm workers 3. Seasonal farm workers 4. Other farm workers 5. Actual tillers or occupants of public lands 6. Collective or cooperatives of the above beneficiaries 7. Others directly working of the land In order to have a common frame of reference, some words identified above were defined accordingly:
1. Farmer refers to a natural person whose primary livelihood is cultivation
of land or the productions of agricultural crops either by himself, or primarily with the assistance of his immediate farm household, whether the land is owned by him, or by another person under a leasehold or share tenancy agreement or arrangement with the owner thereof. 2. Farm worker is a natural person who renders service for value as an employee or laborer in an agricultural enterprise or farm regardless of whether his compensation is paid on a daily, weekly, monthly or “pakyaw” basis. the term includes an individual, whose work has ceased as a consequence of, or in connection with, a pending agrarian dispute, who has not obtained a substantially equivalent and regular farm employment. 3. Regural farm worker is natural person who is employed on a permanent basis by an agricultural enterprise or farm. 4. Seasonal farm worker is a natural person who is employed on a recurrent, periodic, or intermittent basis by an agricultural enterprise or farm, whether as a permanent or a nonpermanent laborer, such as “dumaan”, “sacada”, and the like. 5. Other farm worker is a farm worker who does not fall under regular farm worker and seasonal farm worker. The End!!!