Scribd
Upload
33 views17 pages

Law 616 Presentation

The document discusses the coverage and exclusions of lands under the Comprehensive Agrarian Reform Program (CARP) established by Law 616. It outlines that the CARP covers alienable and disposable public lands for agriculture, excess public lands, government-owned agricultural lands, and all private agricultural lands. It then lists several exclusions, including lands used for parks, forests, watersheds, and those used for national defense, schools, research centers, religious sites, and cemeteries. It also establishes an 18% slope exemption and exceptions to the 5-hectare landowner retention limit.

Uploaded by

Jhoanne Macarasig Navarro
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
33 views17 pages

Law 616 Presentation

The document discusses the coverage and exclusions of lands under the Comprehensive Agrarian Reform Program (CARP) established by Law 616. It outlines that the CARP covers alienable and disposable public lands for agriculture, excess public lands, government-owned agricultural lands, and all private agricultural lands. It then lists several exclusions, including lands used for parks, forests, watersheds, and those used for national defense, schools, research centers, religious sites, and cemeteries. It also establishes an 18% slope exemption and exceptions to the 5-hectare landowner retention limit.

Uploaded by

Jhoanne Macarasig Navarro
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 17

Law 616 Report

• The following lands are covered by the Comprehensive Agrarian Reform Program:

• 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, developmental 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.
Exclusions from the Coverage of CARL
• Under Section 10 , excluded from the coverage of the CARL
are lands actually, directly and exclusively used for: a. Parks;
• b. Wildlife;
• c. Forest reserves;
• d. Reforestation;
• e. Fish sanctuaries and breeding grounds;
• f. Watersheds and mangroves
• Private lands actually, directly and exclusively used for
prawn farms and fishponds shall be exempt from the
coverage of this Act: Provided, That said prawn farms and
fishponds have not been distributed and Certificate of Land
Ownership Award (CLOA) issued to agrarian reform
beneficiaries under the Comprehensive Agrarian Reform
Program. In cases where the fishponds or prawn farms have
been subjected to the Comprehensive Agrarian Reform Law,
by voluntary offer to sell, or commercial farms deferment or
notices of compulsory acquisition, a simple and absolute
majority of the actual regular workers or tenants must
consent to the exemption within one (1) year from the
effectivity of this Act. When the workers or tenants do not
agree to this exemption, the fishponds or prawn farms shall
be distributed collectively to the worker-beneficiaries or
tenants who shall form a cooperative or association to
manage the same.
Likewise, execluded from the coverage the CARL are
lands actually, directly and exclusively used and found to
be necessary for:
• a. National defense;
• b. School sites and campuses including experimental farm
stations operated by public or private schools for educational
purposes;
• c. Seeds and seedling research and pilot production center;
• d. Church sites and convents appurtenant thereto;
• e. Mosque sites and Islamic centers appurtenant thereto;
• f. Communal burial grounds and cemeteries;
• g. Penal colonies and penal farms actually worked by the
inmates; and
• h. Government and private research and quarantine centers.
• All lands with eighteen percent (18%)
slope and over which are not
developed for agriculture are
exempted from the coverage of CARL.
* An eighteen percent slope is not
equivalent to an eighteen degree
angle. Eighteen percent slope is
obtained by having a 100 meter run
and an 18 meter rise.
Exceptions to the retention limit of
five hectares.
Exceptions to the retention limit of five hectares.
a. Landowners whose lands have been covered by PD 27; and
b. Original homestead grantees or direct compulsory heirs who still own the original
homestead at the time of the approval of CARL, 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, such as roads and bridges, public markets, school sites, resettlement
sites, local government facilities, public parks and barangay plazas or squares, consistent
with the approved local comprehensive land use plan, shall not be subject to the five
(5)-hectare retention limit under this Section and Sections 70 and 73(a) of Republic Act
No. 6657, as amended: Provided, That lands subject to CARP shall first undergo the land
acquisition and distribution process of the program: Provided, further, That when these
lands have been subjected to expropriation, the agrarian reform beneficiaries therein
shall be paid just compensation [Section 6-A].
Exception to Retention
Limits applying to  Local
Government Units Sec. 6A
RA 6657
Section 6A
• The Retention limit under Sec. 6 of RA 6657:

• ► A landowners’ retention limit shall not exceed 5


• hectares; and

• ► Three (3) hectares may be awarded to a child of the landowner subject to the
following qualifications:

• 1. At least 15 years of age during the CARP coverage;


• 2. Actually tilling the land or directly managing the
• farm
• Exemption:
If an LGU expropriate a private
agricultural land for actual, direct and
exclusive public purposes the
Department of Agrarian Reform should
first subject it to agrarian reform
coverage.
Land Acquired by Through Payment of
National DAR just
Government compensati
on

Payment of just Expropriate beneficiaries


compensation DAR will Land
by LGU Distribute owners
the lands
Land Bank of the Philippines vs.

Court of Appeals, Pedro Yap, et. Al.


• FACTS:
• This is a motion for reconsideration filed after the petition for review on
certiorari was denied. The petitioners contend that contrary to the Court’s
conclusion, the opening of the trust accounts in favor of the rejecting
landowners is sufficient compliance with the mandate of the RA 6657. The
respondents, on the other hand, argue that there is no legal basis for allowing
the withdrawal of the money deposited in trust for the rejecting landowners
pending the determination of the final valuation of their properties.
 
• In this case, the private respondents’ parcels of land were subjected to the
implementation of the agrarian reform program. The landowners did not accept
the offer made by the Department of Agrarian Reform, hence, they demanded
for reassessment of land valuation. Pending the determination of the final
valuation, the petitioners opened trust accounts as a mode of deposit pursuant
ISSUE:
 
• Was the opening of trust account for the rejecting
landowners compliant to the mandate of RA 6657?
• LAW:
 
• Section 16 (e) of RA 6657 provides that “Upon
receipt by the landowner of the corresponding
payment or, in case of rejection or no response form
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 Register of Deeds to issue a
Transfer Certificate of Title in the name of the
• RULING:
 
• The Court denied the petitioner’s motion for reconsideration for lack of merit.
The Supreme Court ruled that the provision of RA 6657 as to the procedure
for acquisition of private lands is clear and unambiguous. Hence, including the
opening of trust accounts within the ambit of Section 16 (e) is tantamount to
expanded construction. The Court also ruled that to allow the taking of the
landowners’ properties and in the meantime leave them empty-handed by
withholding the payment of compensation while the government speculates
on whether or not it will pursue expropriation, or worse, for government to
subsequently decide to abandon the property and return it to the owners
when it has already been rendered useless by force majeure, is undoubtedly
an oppressive exercise of eminent domain.
•  

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy