DEPARTMENT OF AGRARIAN REFORM

Mandate:
To lead in the implementation of the CARP through Land Tenure Improvement, Agrarian and
Coordinated delivery of essential support services to client beneficiaries.
Mission:
DAR is the lead government agency that holds and implements comprehensive and genuine agrarian
reform which actualizes equitable land distribution, ownership, agricultural productivity, and tenurial
security for, of and with the tillers of the land towards the improvement of their quality of life.
Vision:
A just, safe and equitable society that upholds the rights of tillers to own, control, secure, cultivate and
enhance their agricultural lands, improve their quality of life towards rural development and national
industrialization.

AGRARIAN – relating to land or to the ownership or division of land.

AGRARIAN LAW –
 Distribution of public agricultural lands and large estates.
 Regulation of the relationship between the land owner and the farmer who works on the land.
 Embraces all laws that govern and regulate the rights and relationship over agricultural lands between
landowners, tenants, lessees or agricultural workers.

FOCUS:
Focus of agrarian law is on agrarian reform, the thrust of which is the redistribution of agricultural lands

CONSTITUTION:
a. Art. II (Declaration of Principles and State Policies)- Sec. 21, “The state shall promote
comprehensive rural development and agrarian reform.”
b. Art. XII (National Economy and Patrimony) – Sec. 1, “The goals of the national economy are a
more equitable distribution of opportunities, income, and wealth; x x x”

BASIC AGRARIAN LAW: RA 6657

Supplemented by:
 Tenant Emancipation Law
 Code of Agrarian Reforms (RA 6389) Marcos times.
PRIMARY OBJECTIVE of ARP is to break up agricultural lands and transform them into economic-
size farms to be owned by the farmers themselves with the end in view of uplifting their socioeconomic
status.

COMPREHENSIVE AGRARIAN REFORM LAW of 1998

RA 6657
(August 10, 1988)

COVERAGE
All public and private agricultural lands as provided in:
a. Proclamation No. 131 (July 22, 1987) - Regardless of tenurial arrangement and commodity produced,
all public and private agricultural lands as provided in the Constitution including whenever applicable
in accordance with law, other lands of the public domain SUITABLE for agriculture.

b. E.O. 229 (July 22, 1987) – Regardless of tenurial arrangement and commodity produce, all public and
private agricultural lands as provided in Proc. No. 131, including whenever applicable in accordance
with law other lands of the public domain SUITABLE to agriculture.
Including other lands of public domain SUITABLE for agriculture. Provided, that landholdings of
landowners with a total area of 5 hectares and below shall not be covered for acquisition to qualified
beneficiaries. (R.A. 9700)

Exception to the 5 hectares retention limits (Sec. 6-A, R.A. 9700) (Meaning even
though less than 5 hectares, it can still be acquired)

PCM government units acquiring private agricultural lands by expropriation or

other modes of acquisition to be used for ADE public purposes, such as:
a. Roads and bridges;
b. Public markets;
c. School sites;
d. Resettlement sites;
e. Local government facilities;
f. Public parks and barangay plazas or squares

Consistent with the approved local CLUP.

More specifically, the following lands are covered by the CARP:

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 lands shall be undertaken after the approval
of this Act until Congress, taking into account ecological, development and equity considerations,
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 in the
preceding paragraph;
c. All other lands owned by the Government devoted to or suitable for agriculture; and
d. All private lands devoted to or suitable for agriculture regardless of the agricultural products raised
or that can be raised thereon.

Provided that lands subject to CARP shall first undergo land ACQUISITION and DISTRIBUTION
process of the program and that when these lands have been subjected to expropriation, the agrarian
reform beneficiaries (so the “beneficiaries” include the landowners whose lands were expropriated)
therein shall be paid just compensation. (Sec. 6-A, R.A. 9700)

DISTRIBUTION PRIORITIES:
The DAR, in coordination with the PARC shall plan and program the final acquisition and distribution of
all remaining unacquired and undistributed agricultural lands from the effectivity of this Act (R.A.
9700). Lands shall be acquired and distributed as follows:
PHASE ONE:
During the 5-year extension period hereafter which shall be acquired and distributed immediately upon
the effectivity of this Act (RA 9700), with the implementation to be completed by June 30, 2012:
a. All remaining lands above 50 hectares shall be covered for purposes of agrarian reform upon the
effectivity of this Act (R.A. 9700).
b. All private agricultural lands and landowners with aggregate landholdings in excess of 50 hectares
which have already been subjected to a notice of coverage issued on or before December 10, 2008;
c. Rice and corn lands under P.D. 27;
d. All idle or abandoned lands;
e. All private lands voluntarily offered by the owners for agrarian reform
Provided:
1. With respect to voluntary land transfer, only those submitted by June 30, 2009, shall be allowed.
After June 30, 2009, the modes of acquisition shall be limited to voluntary offer to sell and
compulsory acquisition.
2. All previously acquired lands wherein valuation is subject to challenge by landowners shall be
completed and finally resolved pursuant to Sec. 17 of R.A. 6657.
3. As mandated by the Constitution, R.A. 6657, as amended, and by R.A. 3844, lands, as certified under
oath by the Barangay ARC and attested under oath by the landowners, are the QUALIFIED
BENEFICIARIES.
 The intended beneficiary shall state under oath before the judge of the city or municipal court that
he/she is willing to work on the land to make it productive and to assume the obligation of paying
the amortization for the compensation of the land and the land taxes thereon;

f. All lands foreclosed by the government financial institutions;

g. All acquired by the PCGG; and
h. All other lands owned by the government devoted to or suitable for agriculture,

PHASE TWO:
A. Lands 24 hectares up to 50 hectares shall likewise be covered for purposes of agrarian reform upon
the effectivity of this Act which shall be distributed immediately upon the effectivity of this Act (R.A.
9700), with the implementation to be completed by June 30, 2012;
1. All alienable and disposable public agricultural lands;
2. All arable public agricultural lands under agro-forest, pasture and agricultural leases already
cultivated and planted to crops in accordance with Sec. 6, Art. XIII of the Constitution;
3. All public agricultural lands which are to be opened for new development and resettlement; and
4. All private agricultural lands of landowners with aggregate landholdings above 24 hectares up to
50 hectares which have already been subjected to a notice of covered issued on or before
December 10, 2008, to collectively the lands they till,
B. All remaining private agricultural lands of landowners with aggregate landholdings in excess of 24
hectares, regardless as to whether these have been subjected to NOC or not, with the implementation to
begin on July 1, 2012 and to be completed by June 30, 2013;

PHASE THREE:
All other private agricultural lands commencing with large landholdings and proceeding to medium and
smallholdings under the following schedule:
a. Land of landowners with aggregate landholdings above 10 hectares up to 23 hectares, insofar as
the excess hectares above 10 hectares is concerned, to befin on July 1, 2012 and to be completed by
June 30, 2013; and
b. Lands of landowners with aggregate landholdings from the retention limit up to 10 hectares, to
begin on July 1, 2013 and to be completed by June 30, 2014, to implement principally the right of
farmers and regular farmworker who are landless, to own directly or collectively the lands they till.

Land acquisition and distribution shall be completed by June 30, 2014 on a province-by-province basis.

EXEMPTIONS AND EXCLUSIONS TO THE COVERAGE (Sec. 10)

Lands ADE used and found to be necessary for:
a. Parks,
b. Wildlife,
c. Forest reserves,
d. Reforestation,
e. Fish sanctuaries and breeding grounds,
f. Watersheds, and mangroves,
g. National defense
h. School sites and campuses including experimental farm stations operated by public or private schools
for educational purposes;
i. Seeds and seedling research and pilot production centers, appurtenant thereto;
j. Communal burial grounds and cemeteries,
k. Penal colonies and penal farms actually worked by the inmates,
l. Government and private research and quarantine centers; and
m. All lands with 18% slope and over, except those already developed
PROCEDURE FOR ACQUSITION AND DISTRIBUTION OF PRIVATE LANDS
a. After having identified the land, the landowners and the beneficiaries, the DAR shall send its
NOTICE TO ACQUIRE the land to the owners thereof, by personal delivery or registered mail, and
post the same in a conspicuous place in the municipal building and barangay hall of the place where
the property is located. Said notice shall contain the offer of the DAR to pay a corresponding value in
accordance with the valuation set forth in Section 17, 18 and other pertinent provisions hereof.

b. Within 30 days from the date of receipt of written notice, the landowner, his administrator or
representative shall inform the DAR of his ACCEPTANCE or REJECTION of the offer.

i. If the landowner ACCEPTS the offer of the DAR, the LBP shall pay the landowner the purchase
price of the land within 30 days after he executes and delivers a Deed of Transfer in favor of the
Government and surrenders the Certificate of Title and other monuments of title.

ii. In case of REJECTION or FAILURE to reply, the DAR shall conduct summary administrative
proceedings to determine the compensation for the land by requiring the LBP and other interested
parties to submit evidence as to the just compensation for the land, within 15 days from the
receipt of the notice. After the expiration of the above period, the matter is deemed submitted for
decision.

c. Upon receipt by the landowner of the corresponding payment or, in case of rejection or no response
from the landowner, upon the deposit with an accessible bank designated by the DAR of the
compensation in cash or in LBP bonds in accordance with this Act, the DAR shall take immediate
possession of the land and shall request the proper RoD to issue the TCT in the name of the RP. The
DAR shall thereafter proceed with the redistribution of the land to the qualified beneficiaries.

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
1. Agricultural lessees and share tenants;
2. Regular farmworkers;
3. Seasonal farmworkers;
4. Other farmworkers;
5. Actual tillers or occupants of public lands;
6. Collectives or cooperative of the above beneficiaries; and
7. Other directly working on the land
Provided, however that the children of landowners who are qualified under Sec. 6 of this Act shall be
given preference in the distribution of the land of their parents; and that actual tenant-tillers in the
landholdings shall not be ejected or removed therefrom.
Beneficiaries under PD 27 who have culpably sold, disposed of, or abandoned their land are disqualified
to become beneficiaries under the program.
A basic qualification of a beneficiary shall be his willingness, aptitude, and ability to cultivate and make
the land as productive as possible. The DAR shall adopt a system of monitoring the record or
performance of each beneficiary, so that any beneficiary guilty of negligence or misuse of the land or any
support extended to him shall forfeit his right to continue as such beneficiary. The DAR shall submit
periodic reports on the performance of the beneficiaries to the PARC.
If, due to the landowner’s retention rights or to the number of tenants, lessees, or workers on the land,
there is no enough land to accommodate any or some of them, they may be granted ownership of other
lands available for distribution under this Act, at the option of the beneficiaries.
Farmers already in place and those not accommodated in the distribution of privately-owned lands will be
given preferential rights in the distribution of lands from the public domain.

DISTRIBUTION LIMIT
No qualified beneficiary may own more than 3 hectares of agricultural land.

AWARD OF BENEFICIARIES
The rights and responsibilities of the beneficiaries shall commence from their receipt of a duly registered
emancipation patent or CLOA and their actual physical possession of the awarded land. Such award
shall be completed in not more than 180 days from the date of registration of the title in the name of the
Philippines; Provided the emancipation patents, the certificates land ownership award, and the other titles
issued under any agrarian reform program shall be indefeasible and imprescriptible after 1 year from its
registration with the RoD, subject to the conditions, limitation and qualifications of this Act, the property
registration decree, and other pertinent laws. The emancipation patents or the certificates of land
ownership award being titles brought under the operation of the torrens system, are conferred with the
same indefeasibility and security afforded to all titles under the said system, as provided for by PD 1529,
as amended by RA 6732.
It is the ministerial duty of the RoD to register the title of the land in the name of the RP, after the LBP
had certified that the necessary deposit in the name of the landowner constituting full payment in cash or
in bond with due notice to the landowner and the registration of the certificate of land ownership award
issued to the beneficiaries, and to cancel previous titles pertaining thereto.

PAYMENT OF BENEFICIARIES
Lands awarded pursuant to this Act shall be paid for by the beneficiaries to the LBP in 30 annual
amortizations of 6% interest per annum. The annual amortization shall start 1 year from the date of
the CLOA registration. However, if the occupancy took place after the certificate of landownership
award registration, the amortization shall start 1 year from actual occupancy. The payment from the first
3 years after the award shall be at reduced amounts as established by the PARC: Provided, that the first 5
annual payments may not be more than 5% of the value of the annual gross production as established by
the DAR. Should the scheduled annual payments after the 5 th year exceed 10% of the annual gross
production and the failure to produce accordingly is not due to the beneficiary’s fault, the LBP shall
reduce the interest rate and/or reduce the principal obligation to make the repayment affordable.
The LBP shall have a lien by way of mortgage on the land awarded to the beneficiaries; and this mortgage
may be foreclosed by the LBP for non-payment of aggregate of 3 annul amortizations. The LBP shall
advise the DAR of such proceedings and the latter shall subsequently award the forfeited landholding to
other qualified beneficiaries. A beneficiary whose land, as provided herein, has been foreclosed shall
thereafter be permanently disqualified from becoming a beneficiary under this Act.

TRANSFERABILTY OF AWARDED LANDS

Lands acquired by beneficiaries under this Act or other agrarian reform laws shall not be sold, transferred
or conveyed except through HEREDITARY SUCCESSION, or to the GOVERNMENT, or to the LBP, or
to OTHER QUALIFIED BENEFICIARIES thru DAR for a period of 10 years; Provided however, that
the children or the spouse of the transferor shall have a RIGHT TO REPURCHASE the land from the
government or LBP within a period of 2 years. Due notice of the availability of the land shall be given
by the LBP to the BARC of the barangay where the land is situated. The PARCCOM, as herein provided,
shall in turn, be given notice thereof by the BARC.

If the land has been fully paid by the beneficiary, the rights to the land may be transferred or conveyed,
with prior approval of the DAR, to any heir of the beneficiary or to any other beneficiary who, as a
condition for such transfer or conveyance, shall cultivate the land himself/herself. Failing compliance
herewith, the land shall be transferred to the LBP which shall give due notice of the availability of the
land in the manner specified in the immediately preceding paragraph.
In the event of the transfer to the LBP, the latter shall compensate the beneficiary in one lump sum for the
amounts the latter has already paid, together with the value of improvements he/she has made on the land.

LESSEE’S RIGHT OF PRE-EMPTION – In case the agricultural lessor decides to sell the
landholding, the agricultural lessee shall have the preferential right to buy the same under reasonable
terms and conditions: Provided, that the entire landholding offered for sale must be pre-empted by the
DAR upon petition of the lessee or any of them; Provided, further, that where there are 2 or more
agricultural lessees, each shall be entitled to said preferential right only to the extent of the area actually
cultivated by him. The right of pre-emption under this Section may be exercised within 180 days
from notice in writing, which shall be served by the owner on all lessees affected and the DAR.
If the agricultural lessee agrees with the terms and conditions of the sale, he must give notice in writing to
the agricultural lessor of his intention to exercise his right of pre-emption within the balance of 180 day’s
period still available to him, but in any case, not less than 30 days. He must either tender payment of, or
present a certificate from the LBP that it shall make payment pursuant to section 80 of this Code on, the
price of the landholding to the agricultural lessor. If the latter refuses to accept such tender or
presentment, he may consign it with the court.
Any dispute as to the reasonableness of the terms and conditions may be brought by the lessee or by the
DAR to the proper Court of Agrarian Relations which shall decide the same within 60 days from the date
of the filing thereof: Provided, that upon finality of the decision of the Court of Agrarian Reforms, the
LBP shall pay to the agricultural lessor the price fixed by the court within 180 days; Provided, further,
that in case the LBP fails to pay within that period, the principal shall earn an interest equivalent to the
prime bank rate existing at the time.
Upon the filing of the corresponding petition or request with the department or corresponding case in
court by the agricultural lessee or lessees, the said period of 180 days shall cease to run.
Any petition or request for pre-emption shall be solved within 60 days from the filing thereof; otherwise,
the said period shall start to run again. (Sec. 11, RA. 6389)

LESSEE’S RIGHT OF REDEMPTION. – In case the landholding is sold to a 3 rd person without the
knowledge of the agricultural lessee, the latter shall have the right to redeem the same at a reasonable
price and consideration: Provided, that there are 2 or more agricultural lessees, each shall be entitled to
said right of redemption only to the extent of the area actually cultivated by him. The right of the
redemption under this Section may be affected and the DAR upon the registration of the sale, and shall
have priority over any other right of legal redemption. The redemption price shall be reasonable price of
the land at the time of the sale.
Upon the filing of the corresponding petition or request with the department or corresponding case in
court by the agricultural lessee or lessees, the said period of 180 days shall cease to run.
Any petition or request for redemption shall be resolved within 60 days from the filing thereof; otherwise,
the said period shall start to run again.
The DAR shall initiate, while the LBP shall finance, said redemption as in the case of pre-emption. (Sec.
12, RA. 6389)

Macapagal
RA 3844 (Agricultural Land Reform Code) – abolition of share tenancy, institutionalized leasehold, set
retention limit at 75 hectares, invested rights of preemption and redemption for tenant farmers, provided
for an administrative machinery for implementation, institutionalized a judicial system of agrarian cases,
incorporated extension, marketing and supervised credit system of services of farmer beneficiaries.

Marcos
PD 27 – Restricted land reform scope to tenanted rice and corn lands and set the retention limit at 7
hectares.
Aquino
RA 6657

GMA
RA 9700

RA 3844

EXTINGUISHMENT OF AGRICULTRUAL LEASEHOLD RELATION (Sec. 8)

The agricultural leasehold relation established under this Code shall be extinguished by:
1. Abandonment of the landholding without the knowledge of the agricultural lessor;
2. Voluntary surrender of the landholding by the agricultural lessee, written notice of which shall be
served 3 months in advance; or
3. Absence of the persons under Sec. 9 to succeed to the lessee, in the event of death or permanent
incapacity of the lessee.

AGRICULTURAL LEASEHOLD RELATION NOT EXTINGUISHED BY DEATH OR

INCAPACITY OF THE PARTIES
In case of death or incapacity of the agricultural lessee to work his landholding, the leasehold shall
continue between the agricultural lessor and the person who can cultivate the landholding personally,
chosen by the agricultural lessor within 1 month from such death or permanent incapacity, from among
the following:
a) The surviving spouse;
b) The eldest direct descendant by consanguinity; or
c) The next eldest descendant/s in the order of their age:
Provided, that in case the death or permanent incapacity of the agricultural lessee occurs during the
agricultural year, such choice shall be exercised at the end of that agricultural year: Provided, further, that
in the event the agricultural lessor fails to exercise his choice within the periods herein provided, the
priority shall be in accordance with the order herein established.
In case of death o permanent incapacity of the agricultural lessor, the leasehold shall bind his legal heirs.

RIGHT OF PRE-EMPTION AND REDEMPTION NOT APPLICABLE TO LAND TO BE

CONVERTED INTO RESIDENTIAL, INDUSTRIAL AND SIMILAR PURPOSES –
The right of pre-emption and redemption granted under Sections eleven and twelve of this Chapter cannot
be exercised over landholdings suitably located which the owner bought or holds for conversion into
residential, commercial, industrial or other similar non-agricultural purposes: Provided, however, That the
conversion be in good faith and is substantially carried out within one year from the date of sale. Should
the owner fail to comply with the above condition, the agricultural lessee shall have the right to
repurchase under reasonable terms and conditions said landholding from said owner within one year after
the aforementioned period for conversion has expired: Provided, however, That the tenure of one year
shall cease to run from the time the agricultural lessee petitions the Land Authority to acquire the land
under the provisions of paragraph 11 of Section fifty-one.