Escolar Documentos
Profissional Documentos
Cultura Documentos
- Applies to agricultural lands - Full and fair equivalent of the property taken from its
- Valid exercise of police power owner
- Prompt payment or immediate deposit and release of
Section 2 - Principles and Policies just compensation
Value at the time of taking
Objective – breakup agriculutural lands transform to econimic If there is undue delay, at the time of full payment of
sized farms to be owned by beneficiaries just compensation
Economic size- permits efficient use of labor and capital Factors of Valuation of Land: basis
resoources of the farm
a. CNI – capitalized net income, land use and productivity
Section 4 - SCOPE
b. CS – Comparable Sales, 70% of the BIR zonal value
- all public and private agricultural lands
c. MV – Market Value, tax declaration
exceptions: landholdings of land owners with 5 hectares and
below shall not be covered for acquisition and distribution to DARAB
qualified farmers
Summary administrative proceeding to determin if land bank is
Section 16 -Compulsory Acquisition process correct in land valuation computation
a. identification by DAR of the land, landowner and beneficiaries PARAD – when initial land valuation is less than 10M
b. notice by DAR to the landowner of the Compulsary Acquisition RARAD – when initial land valution is 10M to 50M
and the price
DARAB – when initial land valuation is above 50M
- by personal notice or registered mail
- If non-availability, inhibition, disqualification may
- by posting in a conspicuous place proceed to next adjudicator
- if he accepts, land bank will pay him after 30 days Eligiblility – person is landless resident of same
barangay/municipality
- if he rejects, DAR will determine just compensation
a. Agricultural lessees
- if he disagrees, he can proceed to regular court for
determination of just compensation b. regular farmworkers
When ownership is transferred to state? c. 15 years old at the time of identificat ion
- Only upon full payment d. willing, able to cultivate and make land productive
Section 24 -Award to Beneficiaries Section 65 - Conversion of lands
- Only upon full payment of just compensation to land Conversion - changing the current use of a agricultural land to
owner can be transferred to beneficiaries some other use
- Issues CLOA only upon full payment of AMORTIZATION Reclassification – specfying how agricultural lands shall be utilized
by the FARMER-BENEFICIARY for non-agricultural uses
- CLOA – basis for issuance in his name( beneficiary) TCT
- CLOA indefeasible after 1 year from its registration - Not automatically changes its use
- Abandonment of land - All reclasified lands before june 15, 1998 does not
- Neglect or misuse require conversions clearance
- Failure to pay 3 annual amortizations - Authority to approve or disapprove conversions
- Misuse of financial and support services exercised after effectivity of RA no. 6657 june 15 1988
- Sale, transfer of right to use the land
- Illegal conversion of land Who can apply for Conversion
2. pay the Land Bank 30 annual amortizations When to apply for application for conversion
Section 27 - Transferability of Awarded Land - After 5 years from the award of land
Section 43 - PARC
Section 44 - PARCCOM