Aseron, Xavier

Bhagwandas, Neeresh
Law
Ortega, Danielle

Group 1
Agrarian

Multiple Choice Questions on Section 6-A-11

1.) The following are commercial farms except for:
a. Saltbeds
b. Fruit farms
c. Subsistence farms (x)
d. Vegetable and cut-flower farms
e. Cacao, coffee and rubber plantations
2.) It is an agribusiness venture agreement whereby project
proponent undertakes the financing and construction of a given
infrastructure facility and the operation and maintenance thereof
for an agreed period of time not exceeding 25 yrs, subject to
extension.
a. Joint Venture
b. Lease Arrangement
c. Contract Growing/Growership Arrangement
d. Management Contract
e. Build-Operate-Transfer Scheme (x)
3.) Who has jurisdiction to exempt property?
a. Presidential Agrarian Reform Council
b. Secretary of Agrarian Reform (x)
c. MTC Judges
d. RTC Judges
e. None of the above
4.) The following are disqualified from becoming a commercial farm
beneficiary, except
a. who have retired from service, whether optional or
compulsory
b. who have resigned from their employment with the farm
c. who have been dismissed for cause
d. who have been employed in the commercial farm between
June 15, 1988 or upon the expiration of the deferment (x)
e. who have committed violation of agrarian reform laws and
regulations
5.) It is an agribusiness venture agreement whereby agrarian reform
beneficiaries or their cooperative/ association hire the services of

the landowner or investor to manage and operate the farm in

exchange for fixed wages or commission.
a. Joint Venture
b. Lease Arrangement
c. Contract Growing/Growership Arrangement
d. Management Contract (x)
e. Build-Operate-Transfer Scheme
6.) All are lands exempt from CARL, except:
a. Land with atleast 18% slope
b. Lands classified as non-agricultural prior to the effectivity
of the CARL
c. Lands classified as agricultural prior to the effectivity of the
CARL (x)
d. Lands actually, directly, and exclusively used and found
necessary for school sites and campuses
e. Lands already classified for residential, commercial or
industrial use by the Land Use Regulatory board prior to
CARL
7.) 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 are exempt from the coverage of CARL.
a. TRUE (x)
b. FALSE
8.) Lands with at least 18% slope are exempt from CARL because
a. In order prevent adverse effects on the lowlands and
streams resulting from soil erosion (x)
b. Lands with such slope are not suitable for farming
c. It is not safe for farmers to conduct farming activities due
to soil instability
d. There is no merit in including it in the coverage of CARL
e. None of the above
9.)

Section 6-A. Exception to Retention Limits

Those not subject to the five-hectare retention limit:
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, bridges, public markets school sites, resettlement sites,
local government facilities, public parks and barangay plazas or
squares.
Meaning of Retention
Retention - the continued possession, use, or control of
something
As amended by R.A. No. 9700 Section 4, otherwise known as An
Act Strengthening the CARP. Extending the acquisition and
distribution of all agricultural lands, instituting necessary
reforms, amending for the purpose of R.A. No. 6657 otherwise
known as CARP of 1988, as amended, and appropriating funds
thereof
How is it done?
Process of expropriation of Private Agricultural lands by Local
Government Units
LGU expropriates private agricultural land Subject to agrarian
reform coverage National Government
will pay just
compensation to the landowner distribute land to beneficiaries
expropriate the land
Section 6-B. Review of Limits of Land Size
Within six (6) months from the effectivity of this Act, the DAR
shall submit a comprehensive study on the land size
appropriate for each type of crop to Congress for a possible
review of limits of land sizes provided in this Act.
An implied recognition that the uniform setting of a 5 hectare
limit for all agricultural landholding may not be feasible,
considering economic differences for each type of agricultural
product
Lands planted to rice, corn, coconut, mango, sugar, pineapple,
cacao etc cannot be treated identically

Section 7. Priorities
This provision lays down the scheme for the final acquisition and
distribution of all remaining agricultural lands during the 5 year
extension period up to June 30, 2014 in the following order of priority:

1. Lands with an area of more than 50 hectares to be completed

by June 30, 2012
2. Lands with an area of 24 hectares 50 hectares to be
completed by June 30, 2013
3. Lands with an area of more than 10 hectares up to 24 hectares
to be completed by June 30, 2013
4 Lands from the retention limit up to ten hectares to be
completed by June 30, 2014

Only farmers (tenants or lessees) and regular farm workers

actually tilling the lands, as certified under oath by the Barangay
Agrarian Reform Council (BARC) and attested under oath by land
owners can be as qualified beneficiaries.
The intended beneficiary shall state under oath 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 taxes
thereon.
Section 8. Multinational Corporations
What is a multinational corporation?
organizations that own or control production or services facilities
in one or more countries other than the home country
The following shall be programmed for acquisition and
distribution immediately upon the effectivity of this Act, with the
implementation to be completed within 3 years:
All lands of public domain leased, held or possessed by
multinational corporations or associations,
Other lands owned by the government or by governmentowned or controlled corporations, associations, institutions,
or entities, devoted to existing and operational agribusiness or agro industrial enterprises, operated by
multinational corporations and associations
Lands covered by the paragraph immediately preceding, under lease,
management, grower or service contracts, and the like, shall be
disposed of as follows:
(a) Lease, management, grower or service contracts covering
such lands covering an aggregate area in excess of 1,000
hectares, leased or held by foreign individuals in excess of 500
hectares are deemed amended to conform with the limits set
forth in Section 3 of Article XII of the Constitution.

 (b) Contracts covering areas not in excess of 1,000 hectares in

the case of such corporations and associations, and 500
hectares, in the case of such individuals
(c) In no case will such leases and other agreements now being
implemented extend beyond August 29, 1992, when all lands
subject hereof shall have been distributed completely to qualified
beneficiaries or awardees.
*Such agreements can continue thereafter only under a
new contract between the government or qualified
beneficiaries or awardees, on the one hand, and said
enterprises, on the other.
Lands mentioned above, shall be subject to immediate
compulsory acquisition and distribution upon the expiration
of the applicable lease, management, grower or service contract
in effect as of August 29, 1987, or otherwise, upon its valid
termination, whichever comes sooner, but not later than after
ten (10) years following the effectivity of the Act.
In general, lands shall be distributed directly to the individual
worker-beneficiaries.
In case it is not economically feasible and sound to divide the
land: then they shall form a workers' cooperative or
association which will deal with the corporation or business
association or any other proper party for the purpose of entering
into a lease or growers agreement and for all other legitimate
purposes.
During the transition period, the new owners shall be assisted in
their efforts to learn modern technology in production.
Enterprises which show a willingness and commitment and goodfaith efforts to impart voluntarily such advanced technology will
be given preferential treatment where feasible.
Foreign corporations or individuals do not enjoy rights or
privileges better than any domestic corporation or individual.
*Lands leased, held or possessed by Multinational corporations
Subject to compulsory acquisition and distribution
Land distributed directly to worker-beneficiaries
If not economically feasible to divide land, individual workerbeneficiaries shall form a workers cooperative or association
which will deal with the corporation by the way of lease or
growers agreement and other legitimate purposes
Section 9. Ancestral Lands

 Ancestral lands of each indigenous cultural community shall

include, but not be limited to, lands in the actual, continuous
and open possession and occupation of the community and
its members: provided, that the Torrens Systems shall be
respected.
The right of these communities to their ancestral lands shall be
protected to ensure their economic, social and cultural wellbeing. In line with the principles of self-determination and
autonomy, the systems of land ownership, land use, and the
modes of settling land disputes of all these communities must be
recognized and respected.
Define Ancestral Lands
As define in the book of Agrarian Law and Social Legislation by
Ungos:
Lands of public domain that have been in open,
continuous, exclusive and notorious occupation and
cultivation by members of the National Cultural
Communities by themselves through their ancestors, under
bona fide claim of acquisition of ownership accdg to their
customs and traditions for a period of at least 30 years
before date of approval of P.D. No. 410
As define in R. A. No. 8371 or IPRA of 1997
Refers to land occupied, possessed and utilized by
individuals, families and clans who are members of the
ICCs/IPs since time immemorial, by themselves or through
their predecessors-in-interest, under claims of individual or
traditional group ownership, continuously, to the present
except when interrupted by war, force majeure or
displacement by force, deceit, stealth, or as a consequence
of government projects and other voluntary dealings
entered
into
by
government
and
private
individuals/corporations, including, but not limited to,
residential lots, rice terraces or paddies, private forests,
swidden farms and tree lots.
CARL on Ancestral Lands
Exempt from the Agrarian Reform Law
CARL recognizes and respects system of land ownership, land
use, and the modes of settling land disputes of all indigenous
peoples
Note: In autonomous regions

 Respective legislatures may enact their own laws on

ancestral domain
Jurisprudence
Cruz vs DENR
FACTS: Cruz, a noted constitutionalist, assailed the validity of
the RA 8371 or the Indigenous Peoples Rights Act on the ground
that the law amount to an unlawful deprivation of the States
ownership over lands of the public domain as well as minerals
and other natural resources therein, in violation of the regalian
doctrine embodied in Section 2, Article XII of the Constitution.
The IPRA law basically enumerates the rights of the indigenous
peoples over ancestral domains which may include natural
resources. Cruz et al contend that, by providing for an allencompassing definition of ancestral domains and ancestral
lands which might even include private lands found within said
areas, Sections 3(a) and 3(b) of said law violate the rights of
private landowners.
ISSUE: Whether or not the IPRA law is unconstitutional.
HELD: The SC deliberated upon the matter. After deliberation
they voted and reached a 7-7 vote. They deliberated again and
the same result transpired. Since there was no majority vote,
Cruzs petition was dismissed and the IPRA law was sustained.
Hence, ancestral domains may include public domain somehow
against the regalian doctrine.
Section 10. Exemptions and Exclusions
a) Lands actually, directly and exclusively used for parks, wildlife,
forest reserves, reforestation, fish sanctuaries and breeding
grounds, watersheds and mangroves
(b) Private lands actually, directly and exclusively used for prawn
farms and fishponds
That said prawn farms and fishponds have not been
distributed and Certificate of Land Ownership Award
(CLOA) issued to agrarian reform beneficiaries under CARP
(c) Lands actually, directly and exclusively used and found to be
necessary for national defense, school sites and campuses,
Experimental farm stations operated by public or private schools
for educational purposes, seeds and seedling research and pilot
production center

 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
All lands with eighteen percent (18%) slope and over, except
those already developed
Jurisprudence
Republic v. CA (342 SCRA 189)
FACTS: Green City Estate & Development Corp. owns 112
hectares of land in Jala-Jala, Rizal; which was classified as
agricultural via tax declaration. The Dept. of Agrarian Reform
(DAR) subjected the land to compulsory acquisition. The former
then filed an application for exemption from the agrarian reform
on the grounds that it is not agricultural due to the fact that it is
within residential and forest conservation zones. DAR denied
such application.
ISSUE: WON DAR was correct in denying application for
exemption due to the fact that the tax declaration classified land
as agricultural?
HELD: No, there is no law or jurisprudence that holds the land
classification embodied in the tax declaration is conclusive and
final nor would proscribe further inquiry. Tax declarations is not
the sole basis of land classification. DAR AO No. 6 list other
documents to be submitted aside from the tax declarations.
CMU v. DARAB (215 SCRA 86)
FACTS: CMU is an agricultural institution which owns 3,000
hectares of land. In 1984, CMU adopted a livelihood program
under which its land resources were leased to its faculty and
employees to enable group to cultivate 4 to 5 hectares of land
for lowland rice project. Later, these faculty and employees filed
before the DAR a complaint praying that they be declared as
tenants under the CARL. DAR found that the faculty and
employees were not tenants, and cannot therefore qualify as an
agrarian reform beneficiary but segregated 400 hectares of
suitable, compact, and contiguous portions of the CMU land and
subjected it to agrarian reform coverage for distribution to
qualified beneficiaries, on the ground that it was not directly,
actually, and exclusively used for school site.

 ISSUE: WON the DAR was correct in segregating the 400

hectares of CMU land?
HELD: The construction given by DAR to Sec 10 of CARL restricts
the land area of the CMU to its present needs or to a land area
presently, actively exploited and utilized by the university in
carrying out its present educational program with present
student population and academic facility- overlooking the very
significant factor of growth of the university in the years to come.
By the very nature of CMU, which is a school established to
promote agriculture and industry, the need for vast tract of
agricultural land for future expansion is obvious. As to the
determination of when and what lands are found to be necessary
for the use by CMU, the school is in the best position to resolve
and answer the question and pass upon the problem of its needs
in relation to its vowed objectives.
Lands exempt from CARL
Lands classified as non-agricultural prior to the effectivity of the
CARL
Lands already classified for residential, commercial or industrial
use by the Land Use Regulatory board prior to CARL
Lands actually, directly, and exclusively
used and found
necessary for school sites and campuses
Land with atleast 18% slope
Reason: prevent adverse effects on the lowlands and
streams resulting from soil erosion
Who has jurisdiction to exempt property?
Secretary of Agrarian Reform has the jurisdiction and
authority to exempt or exclude a property from the coverage of
agrarian reform program.
Section 11. Commercial Farms
Shall be subject to immediate compulsory acquisition and
distribution after ten (10) years from the effectivity of this Act.
In the case of new farms, the ten-year period shall begin from
the first year of commercial production and operation, as
determined by the DAR.
Examples:
Lands devoted to:
Saltbeds
Fruit farms
Orchards

 Vegetable and cut-flower farms

Cacao, coffee and rubber plantations
Compulsory acquisition and distribution of commercial farms has
been deferred for 10 years:
From the effectivity of CARP (June 15, 1988)- for farms
already existing when the law took effect
From the 1st year of commercial production and operationfor new farms
Modes of acquisition:
Voluntary offer to sell
Compulsory acquisition
Direct payment scheme
Manner of distribution
Priority shall be observed:
Agricultural lessees and share tenants
Regular farm workers
Seasonal farm workers
Other farm workers
Actual tillers or occupants of public lands
Collectives or cooperatives of the above beneficiaries
Others directly working on the land
Commercial farms may be distributed individually or collectively.
Individual beneficiaries are entitled to 3 hectares each of a
minimum of 1 hectare each, if the land is not sufficient to
accommodate them.
If it is not economically feasible and sound to divide the land, the
beneficiaries will be obliged to form a workers cooperative or
association.
Commercial Farm Beneficiaries
Qualifications:
Must be 18 yrs old at the time of the filing of the
application as beneficiary
Must have the willingness, aptitude, and ability to cultivate
and make the land productive
Must have been employed in the commercial farm between
June 15, 1988 or upon the expiration of the deferment
Disqualifications:
Farm workers:
who have retired from service, whether optional or
compulsory
who have resigned from their employment with the farm


Farm

Who have been dismissed for cause

workers, lessees, or tenant:
Who waive or refuse beneficiary
Who have committed violation of agrarian reform laws and
regulations

Types of Agribusiness venture agreements

Joint Venture- company is organized and co-owned by an investor
and the agrarian reform beneficiaries(ARB) through their
cooperative or association. The investor may provide the mgmt.
and marketing skills, technology infrastructure and capital, while
the contribution or participation of the agrarian reform
beneficiaries includes labor, usufructuary rights to the land, and
capital infusion, if available.
Lease Arrangement- scheme whereby the ARB through their
cooperative or association, enter into a contract of lease with the
landowner or investor. The lessee controls the farm operations
within an agreed period of time not exceeding 10 years,
extendible by agreement.
Contract Growing/Growership Arrangement- whereby ARB or
their respective cooperative produce certain crops for an investor
or agribusiness firm which buys the produce at pre-arranged
terms
Management Contract- whereby ARB or their cooperative/
association hire the services of the landowner or investor to
manage and operate the farm in exchange for fixed wages or
commission
Build-Operate-Transfer Scheme- whereby project proponent
undertakes the financing and construction of a given
infrastructure facility and the operation and maintenance thereof
for an agreed period of time not exceeding 25 yrs, subject to
extension
*Note: Owners of commercial farms, whether individual or
corporate are entitled to the retention rights via Section 6 of
CARP