HANDOUT # 2  Pulling of seedlings – seedlings are uprooted from seed beds

before transplanting
 Final harrowing – last stage in pulverizing soil into fine particles
RA 1199 AGRICULTURAL TENANCY ACT OF THE  Reaping – cutting of rice stalks
PHILIPPINES  Harvesting – gathering of fruits or produce of a crop other than
Approved: 30 August 1954 rice
- An act to govern the relations between landholders and tenants of  Fair Rental Value – amount of money not in excess of allowable
agricultural lands depreciation plus six percent (6%) interest per annum on the
• Establish agricultural tenancy relations investment; for work animals and farm implements less than five
• Afford adequate protection to the rights of tenants and landholders percent (5%) of gross harvest animals and five percent (5%) for
• Provide tenant-farmers with incentives implements; rental shall not exceed ten percent (10%) for
• Bolster their economic position combined services
 Auxiliary crop – any crop raised or product raised other than the
Agricultural Tenancy – physical possession by a person of land crop to which cultivation of land is principally devoted.
devoted to agriculture belonging to or legally possessed by another for
the purpose of production through labor and former agrees to share TENANCY RELATIONSHIP
harvest or pay a price to the latter.  Juridical tie which arises between a landholder and a tenant once
they agree, expressly or impliedly to undertake jointly the
Systems of Agricultural Tenancy cultivation of land under chosen system, as a result of which
 Share Tenancy – two persons agree on a joint undertaking for relationship the tenant acquires the right to continue working on
agricultural production; one party furnishes the land, the other his and cultivating the land until and unless he is evicted of his
labor with either or both contributing any one or several of the holdings for any just causes.
items of production. The produce is divided in proportion to their
respective contributions. Contract of Tenancy
 Leasehold Tenancy – a person, alone or with aid, undertakes to  in writing drawn in quadruplicate is necessary in order to be
cultivate a piece of agricultural land belonging to or legally conclusive as evidence.
possessed by another; a price certain or ascertainable is to be paid  shall be written in the language or dialect known to all parties.
by the person cultivating the land either in percentage of  Each party is given a copy of the contract
production or fixed amount in money or in both. - Third copy - municipal treasurer
Terms: - Fourth copy - forwarded to court.
 Tenant – one who cultivates the land belonging to another  Interest on Loans and Advances: not exceeding 8% per calendar
 Landholder – natural or juridical person who owns or legally year
possess a land and grants another to cultivate it  Final Accounting: rice - within ten days after threshing
 Agricultural year – period of time necessary for raising of seasonal  Crops in processed form – after sale and within five days
agricultural products from preparation of land to harvesting the (if share insufficient to cover tenant’s debts, reduced to money but
crop; harvest to harvest interest not more than 10% pa)
 Farm implements – hand tools or machines ordinarily employed in
farm enterprise Exemption from Lien and/or Attachment:
 Work animals – animals in farm enterprise, carabao etc. • 25% of tenant’s share of the products in share tenancy
• 25% of the entire produce in leasehold tenancy Tenure: until leasehold relation is extinguished. The agricultural lessee
• One work animal less than five hundred pesos shall be entitled to security of tenure on his landholding and cannot be
• One of each kind of farm implements less than five hundred pesos ejected unless authorized by the Court for causes

RA 3844 AGRICULTURAL LAND REFORM CODE Extinguishment:

RA 1199 - August 30, 1954 - governed the relationship between (1) Abandonment of the landholding without the knowledge of the
landowners and tenant farmers by organizing share-tenancy and agricultural lessor;
leasehold system. The law provided the security of tenure of tenants. (2) Voluntary surrender of the landholding by the agricultural lessee,
It also created the Court of Agrarian Relations. written notice of which shall be served 3 months in advance; or
RA 3844 - August 8, 1963 - Abolished share tenancy (3) Absence of the persons to succeed to the lessee, in the event of
death or permanent incapacity of the lessee.
Abolition of Agricultural Share Tenancy - existing share tenancy
contracts may continue in force and effect in any region or locality, to In case of death or permanent incapacity of the agricultural lessee to
be governed in the meantime by the pertinent provisions of RA 1199, work his landholding, the leasehold shall continue between the
as amended, until the end of the agricultural year... unless such agricultural lessor and the person who can cultivate the landholding
contracts provide for a shorter period or the tenant sooner exercise personally chosen by the agricultural lessor within one month from
his option to elect the leasehold system such incident, from among the following:
- An agricultural leasehold system to replace all existing share tenancy (a) the surviving spouse;
systems (b) the eldest direct descendant by consanguinity; or
(c) the next eldest descendant/s in the order of their age
"Share tenancy" - relationship which exists whenever two persons
agree on a joint undertaking for agricultural production wherein one - Not extinguished by mere expiration of the term or period in a
party furnishes the land and the other his labor, with either or both leasehold contract nor by the sale, alienation or transfer of the legal
contributing any one or several of the items of production, the tenant possession of the landholding. In case the agricultural lessor sells,
cultivating the land personally with the aid of labor available from alienates or transfers the legal possession of the landholding, the
members of his immediate farm household, and the produce thereof purchaser or transferee shall be subrogated to the rights and
to be divided between the landholder and the tenant. (same definition substituted to the obligations of the agricultural lessor
as RA 1199) - Lessee's Right of Pre-emption
- Lessee's Right of Redemption within 2 years (entire landholding sold
Agricultural Leasehold Relation – same definition as RA 1199 must be redeemed)
- Right of pre-emption and redemption cannot be exercised over
Agricultural Leasehold Relation landholdings suitably located which the owner bought or holds for
Establishment: by operation of law in accordance with Section 4 of RA conversion in good faith into residential, commercial, industrial or
3844 and, in other cases, either orally or in writing, expressly or other non-agricultural purposes
impliedly
Parties: person who furnishes the landholding, either as owner, civil Prohibitions to Agricultural Lessee:
law lessee, usufructuary, or legal possessor AND the person who (1) To contract to work additional landholdings belonging to a
personally cultivates the same different agricultural lessor or to acquire and personally cultivate an
economic family-size farm, without the knowledge and consent of the
agricultural lessor with whom he had entered first into household, if  This act shall apply to tenant farmers of private agricultural lands
the first landholding is of sufficient size to make him and the members devoted to rice and corn under share or lease tenancy system.
of his immediate farm household fully occupied in its cultivation; or  Tenant farmer shall be deemed owner of a portion constituting a
(2) To employ a sub-lessee on his landholding: Provided, however, family-size farm of five (5) hectares if not irrigated and three (3)
That in case of illness or temporary incapacity he may employ laborers hectares if irrigated.
whose services on his landholding shall be on his account.  Retention limit for landowner in all cases: seven (7) hectares;
provided that the land is cultivated or is to be cultivated
Termination of Leasehold by Agricultural Lessee During Agricultural
Year: Determining the value and cost of the land
(1) Cruel, inhuman or offensive, treatment of the lessee or his  Value of land = two and one half (2 1/2) times the average harvest
immediate farm household by the lessor or his representative with the of three normal crop years
knowledge and consent of the lessor;  Interest rate: six percent (6%) per annum
(2) Non-compliance of the lessor with any of his obligations  Payment: Fifteen (15) equal annual amortizations
(3) Compulsion of the lessee or any of his immediate farm household  Only those tenant-farmers who are full-fledged member of a duly
by the lessor to do any work or render any service not in any way recognized farmer’s cooperative can be issued a title to their
connected with farm work or even without compulsion if no lands. These titles are non transferable except by hereditary
compensation is paid; succession or to the government.
(4) Commission of a crime by the lessor or his representative against
the lessee or any member of his immediate farm household RA 6657 COMPREHENSIVE AGRARIAN REFORM LAW
(5) Voluntary surrender due to circumstances more advantageous to
him and his family.
OF 1988
 Agrarian Reform – redistribution of lands, regardless of crops or
fruits produced, to farmers and regular farm workers who are
To enable the farm workers to enjoy the same rights and
landless, irrespective of tenurial arrangement, to include the
opportunities in life as industrial workers, they shall enjoy the
totality of factors and support services designed to lift the
following:
economic status of the beneficiaries and all other arrangements
(1) Right to self-organization;
alternative to the physical redistribution of lands
(2) Right to engage in concerted activities;
 Agricultural Land – refers to land devoted to agricultural activities
(3) Right to minimum wage;
such as cultivation of the soil, planting of crops, growing of fruit
(4) Right to work for not more than eight hours;
trees, harvesting of farm products and other farm activities and
(5) Right to claim for damages for death or injuries sustained while at
practices performed by a farmer. This land does not include those
work;
classified as mineral, forest, residential, commercial or industrial
(6) Right to compensation for personal injuries, death or illness; and
land.
(7) Right against suspension or lay-off.
 Idle or Abandoned Land – any agricultural land not cultivated,
tilled or developed to produce any crop nor devoted to any
PD 27 TENANT EMANCIPATION ACT specific economic purposes continuously for a period of 3 years.
 Decreeing the emancipation of tenants from the bondage of the
soil, transferring to them the ownership of the land they till and COVERAGE
providing the instruments and mechanisms therefore.
 - All alienable and disposable lands of public domain • All lands acquired by the PCGG
devoted/suitable for agriculture • All other lands owned by the government devoted/suitable for
• All lands of public domain in excess to specific limits as determined agriculture
by Congress Phase Two:
• All other lands owned by government devoted/suitable for • All alienable and disposable public agricultural lands
agriculture • All arable public agricultural lands under agro-forest, pasture and
• All private lands devoted to or suitable regardless of agricultural agricultural leases
production. • All public agricultural lands which are to be opened for new
 The distribution of all lands shall be completed within ten (10) development and resettlement
years from the effectivity of the act. • All private agricultural lands in excess of fifty (50) hectares
(Note: The completion is expected by year 2008 since it was enacted Phase Three:
on 1988.) • All other private agricultural lands from large landholdings and
proceeding to medium and small landholdings
RETENTION LIMITS a. Landholdings 24 to 50 hectares - acquisition and distribution begins
 Retention limits are determined by the Presidential Agrarian on the 4th year and is to be completed within 3 years.
Reform Council (PARC). b. Landholdings from the retention limits up to 24 hectares -
 Landowner: five hectares (5 ha) acquisition and distribution to begin on the 6th year and is to be
- landowners whose land has been covered by the Tenant completed within 4 years.
Emancipation Decree (PD 27) is allowed to keep the area originally
retained by them EXEMPTIONS AND EXCLUSIONS
 For EACH child: three hectares (3 ha)  Lands actually, directly and exclusively used for parks, wildlife,
- provided however that he is at 15 years old and that he is actually forest reserves, reforestation, fish sanctuaries and breeding
tilling the land or directly managing the farm grounds, watersheds and mangroves
Other Provisions:  Private lands actually, directly and exclusively used for prawn
• The landowner has the right to choose the area to be retained. farms and fishponds, provided that such lands have not been
• If such area is tenanted, the tenant has the option to choose distributed and Certificate of Land Ownership Award issued under
whether to stay on the area or be a beneficiary in the same or another the Agrarian Reform Program
agricultural land.  Lands actually, directly and exclusively used and found to be
• If he chooses to stay in the area he will be considered a leaseholder necessary for national defense, school sites and campuses
and he loses his right to be a beneficiary under this reform law. For including lands for educational purposes, church sites and
this, a tenant is given a period of one year to decide after the convents, mosques and Islamic center, communal burial grounds
landowner makes his choice of which area is to be retained. and cemeteries, penal colonies and penal farms, government and
private research and quarantine centers and all lands with
PRIORITIES IN LAND DISTRIBUTION eighteen percent (18%) slope and over.
Phase One: (4-years to execute)
• Rice and corn lands under PD 27 Commercial Farming
• All idle or abandoned lands  Commercial Farms – private agricultural lands devoted to salt
• All private lands voluntarily offered beds, fruit farms, orchards, vegetable and cut-flower farms, and
• All lands foreclosed by government cacao, coffee and rubber plantations.
 - subject to immediate compulsory acquisition and distribution  If owner rejects the offer or fails to reply, DAR conducts
after 10 years form the effectivity of the act. administrative proceedings that will determine just compensation.
- For new farms, the 10-year period begins from Notice to be sent to landowner, LBP and other interested parties
the 1st year of commercial production & operation. asking them to submit evidence on just compensation within 15
days. DAR will decide in 30 days.
REGISTRATION  The landowner will receive the corresponding payment or in case
 Registration of Landowners: of rejection DAR deposits cash or LBP bonds. DAR immediately
Within 180 days from the effectivity of the Act, the landowners takes possession of the land and shall request the proper RD to
shall file a sworn statement in the proper assessor’s office in the form issue TCT in the name of the Republic of the Philippines. The
prescribed by the DAR. redistribution to the qualified beneficiaries follows.

Registration of Landowners: COMPENSATION

• description and area of the property; Considerations in determining just compensation:
• average gross income from the property for at least three (3) years; • cost of acquisition of the land
• names of the tenants and farm workers therein; • current value of like properties
• crops planted in the property and the area covered by each crop; • nature actual use and income
• terms of mortgages, leases and management contracts • sworn valuation by the owner
• latest declared market value of the land as determined by the city or • tax declarations
provincial assessor • assessment made by government assessors

Registration of Beneficiaries: Valuation and Mode of Compensation:

Barangay Agrarian Reform Council (BARC) – registers all 1. Cash Payment
agricultural lessees, tenants and farm workers who are qualified to be a. Lands above 50 hectares = 25% cash, balance to be paid by
beneficiaries. government negotiable at any time
• Names and members of their immediate farm household; b. Lands 24 hectares to 50 hectares = 30% cash, balance to be paid by
• Location and area of the land they work; government negotiable at any time
• Crops planted; and 2. Shares of stock in GOCCs, LBP preferred shares, physical assets or
• Their share in the harvest or amount of rental paid or wages other qualified investments
received. 3. Tax credits which can be used against any tax liability
4. LBP bonds
Procedure for acquisition of private agricultural lands: - incentive of additional five percent (5%) cash payment for
• DAR sends notice which contains offer of DAR to pay corresponding voluntary offers, other than bank and financial institutions
value of land.
• The landowner is given 30 days to decide LAND REDISTRIBUTION
• If the owner accepts, LBP pays landowner the purchase price of the Order of priority:
land within 30 days after he executes and delivers a deed of transfer 1. agricultural lessees and share tenants
to the government and submits the Certificate of Title and other 2. regular farm workers
muniments of title. 3. seasonal farm workers
4. other farm workers
5. actual tillers or occupants of public lands the integrated development of an area and/or their
6. collective or cooperatives of the above beneficiaries organizations/cooperatives.
7. others directly working on the land Support Services to the Beneficiaries:
 The children of landowners who meet the qualifications shall be a. Land surveys and titling
given preference in the distribution of the land of their parents. b. Liberalized terms of credit facilities and production loans
 Actual tenant-tillers in the landholding shall not be ejected or c. Extension services by way of planting, cropping, production and
removed from such lands. post-harvest tech transfer, marketing & management assistance &
 The beneficiaries of PD 27 who sold, disposed or abandoned their support to coops and farmer organization
lands are disqualified from being beneficiaries under their d. Infrastructure (access, trails, mini-dams, public utilities, marketing
program. and storage facilities)
 The maximum area a beneficiary can be awarded is 3 hectares of e. Research production and use of organic fertilizers and other local
contiguous tract or several parcels of agricultural land. substances for farming & cultivation
 As an evidence of ownership of the beneficiary, he shall be
awarded the Certificate of Land Ownership Award containing the Support Services to Landowners:
restrictions and conditions provided. a. Investment information, financial and counseling assistance
 This shall be recorded in the Register of Deeds b. Facilities, programs & schemes for conversion or exchange of bonds
 Landless beneficiary – one who owns less than 3 hectares of land issued for payment of lands acquired with stocks and bonds issued by
Payment by Beneficiaries Government, Central Bank and government institutions and
 Thirty (30) annual amortizations at 6% per annum instrumentalities
- first 3 years after the award may be at reduced amounts established c. Marketing of LBP bonds, promoting marketability in traditional/non-
by PARC; first 5 annual payments shall not exceed 5% traditional financial markets & stock exchanges;
 Foreclosure of awarded land as of mortgage d. Services designed to utilize productively the proceeds of the sale of
- failure to pay an aggregate of 3 annual amortizations; disqualification such lands for rural industrialization
from being a beneficiary
 Presidential Agrarian Reform Council (PARC) (responsibilities
Transferability of Awarded Lands defined in EO 229)
 Lands acquired by beneficiaries may not be sold, transferred or  Provincial Agrarian Reform Coordinating Committee (PARCCOM)
conveyed except through hereditary succession, or to the - coordinate and monitor the implementation of the CARP in the
government, or to the LBP or to other qualified beneficiaries for a province; provide information on the provisions of the CARP,
period of 10 years. guidelines issued by the PARC and on the progress of the CARP in
• The children or the spouse of the transferor have a right to the province
repurchase the land from the government or LBP within a period of 2  Barangay Agrarian Reform Council (BARC)
years.
EO 229 MECHANISMS FOR IMPLEMENTATION OF
SUPPORT SERVICES
 Agrarian Reform Community – a barangay or a cluster of
CARP
 Scope: CARP shall cover all public and private agricultural lands
barangays primarily composed and managed by Agrarian Reform
including other lands of the public domain suitable for agriculture.
Beneficiaries who shall be willing to be organized and undertake
 Exemptions: Lands used and found to be necessary for national and/or fisheries either by himself/herself, or primarily with the
defense, schools, campuses, religious purposes, penal colonies assistance of his/her immediate farm household, whether the land is
and government researches and quarantine centers. owned by him/her, or by another person under a leasehold or share
tenancy agreement or arrangement with the owner thereof
Private Land Acquisition
Compensation to Land Owners 2. New provision: Rural women refer to women who are engaged
• Bond payment over 10 years, 10% of value payable immediately directly or indirectly in farming and/or fishing as their source of
(LBP) livelihood, whether paid or unpaid, regular or seasonal, or in food
• Direct payment in cash or kind by farmer beneficiaries preparation, managing the household, caring for the children, and
• Other modes prescribed or approved by PARC other similar activities

PAYMENT OF BENEFICIARIES 3. Landholdings of landowners with a total area of 5 hectares and

 30 equal annual payments: 6% p.a. interest, 2% interest rebate below shall not be covered for acquisition and distribution to qualified
 Annual amortizations less than 10% of land’s annual value beneficiaries.

 Department of Agrarian Reform - vested with quasi-judicial 4. SEC. 6-A. Exception to Retention Limits. - Provincial, city and
powers to determine and adjudicate agrarian reform matters, and municipal government units acquiring private agricultural lands by
shall have exclusive original jurisdiction over all matters involving expropriation or other modes of acquisition to be used for actual,
implementation of agrarian reform except those falling under direct and exclusive public purposes, such as roads and bridges, public
exclusive original jurisdiction of DENR and DA. markets, school sites, resettlement sites, local government facilities,
 Presidential Agrarian Reform Council (PARC) - created to public parks and barangay plazas or squares, consistent with the
coordinate the implementation of the CARP and to ensure the approved local comprehensive land use plan, shall not be subject to
timely and effective delivery of the necessary support services the 5-hectare retention limit xxx:
(PD 27 shall continue to operate with respect to rice and corn lands
covered.) 5. SEC. 7. Priorities. - The DAR, in coordination with the Presidential
Agrarian Reform Council (PARC) shall plan and program the final
RA 9700 (CARPER "Comprehensive Agrarian Reform acquisition and distribution of all remaining unacquired and
undistributed agricultural lands from the effectivity of this Act until
Program Extension with Reforms") June 30, 2014
Effectivity: August 7, 2009
6. With respect to voluntary land transfer, only those submitted by
Titles under CARP are called Certificates of Land Ownership Awards
June 30, 2009 shall be allowed Provided, further, That after June 30,
(CLOA). Its immediate progenitor is the Emancipation Patent (EP),
2009, the modes of acquisition shall be limited to voluntary offer to
which was issued during the more limited agrarian reform program
sell and compulsory acquisition
implemented by Ferdinand Marcos i.e. PD 27
7. Determination of Just Compensation. - In determining just
Salient amendments from CARL of 1988 (RA 6657)
compensation, the cost of acquisition of the land, the value of the
1. Farmer refers to a natural person whose primary livelihood is
standing crop, the current value of like properties, its nature, actual
cultivation of land or the production of agricultural crops, livestock
use and income, the sworn valuation by the owner, the tax
declarations, the assessment made by government assessors, and 70% 13. The title of the land awarded under the agrarian reform must
of the zonal valuation of the BIR, translated into a basic formula by the indicate that it is EP or CLOA and the subsequent transfer title must
DAR shall be considered, subject to the final decision of the proper also indicate that it is an EP or CLOA
court.
14. SEC. 36. Funding for Support Services. - In order to cover the
8. SEC. 22-A. Order of Priority. - A landholding of a landowner shall be expenses and cost of support services, at least 40% of all
distributed first to qualified beneficiaries under Section 22, (a) and (b) appropriations for agrarian reform during the 5 year extension period
of that same landholding up to a maximum of 3 hectares each. Only shall be immediately set aside and made available xxx
when these beneficiaries have all received 3 hectares each, shall the
remaining portion of the landholding, if any, be distributed to other 15. SEC. 50. Quasi-Judicial Powers of the DAR. – xxx Notwithstanding
beneficiaries under Section 22, (c), (d), (e), (f), and (g). (under RA 6657, an appeal to the Court of Appeals, the decision of DAR shall be
The lands covered by the CARP shall be distributed as much as immediately executory except a decision or a portion thereof involving
possible to landless residents of the same barangay...) solely the issue of just compensation

9. SEC. 24. Award to Beneficiaries. - The rights and responsibilities of 16. SEC. 50-A. Exclusive Jurisdiction on Agrarian Dispute. - No court or
the beneficiaries shall commence from their receipt of a duly prosecutor's office shall take cognizance of cases pertaining to the
registered emancipation patent or certificate of land ownership award implementation of the CARP except those provided under Section 57
and their actual physical possession of the awarded land. Such award of RA 6657, as amended. If there is an allegation from any of the
shall be completed in not more than 180 days from the date of parties that the case is agrarian in nature and one of the parties is a
registration of the title in the name of the Republic of the Philippines farmer, farmworker, or tenant, the case shall be automatically
referred by the judge or the prosecutor to the DAR which shall
10. It is the ministerial duty of RD to register the title of the land in the determine and certify within 15 days from referral whether an
name of the Republic of the Philippines, after LBP has certified that agrarian dispute exists: Provided, That from the determination of the
the necessary deposit in the name of the landowner constituting full DAR, an aggrieved party shall have judicial recourse xxx
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 17. SEC. 55. No Restraining Order or Preliminary Injunction. - Except
beneficiaries, and to cancel previous titles pertaining thereto. for the Supreme Court, no court in the Philippines shall have
jurisdiction to issue any restraining order or writ of preliminary
11. In general, the land awarded to a farmer-beneficiary should be in injunction against the PARC, the DAR, or any of its duly authorized or
the form of an individual title, covering one (1) contiguous tract or designated agencies in any case, dispute or controversy arising from,
several parcels of land cumulated up to a maximum of 3 hectares. necessary to, or in connection with the application, implementation,
enforcement, or interpretation of this Act and other pertinent laws on
12. SEC. 26. Payment by Beneficiaries. – xxx The annual amortization agrarian reform
shall start 1 year from the date of certificate of land ownership award
registration. However, if occupancy took place after the certificate of 18. SEC. 63. Funding Source. - The amount needed to further
land ownership award registration, the amortization shall start 1 year implement the CARP as provided in this Act, until June 30, 2014, upon
from actual occupancy expiration of funding under RA 8532 and other pertinent laws, shall be
funded from the Agrarian Reform Fund and other funding sources in
the amount of at least P150,000,000,000.00.
19. SEC. 65. Conversion of Lands. - After the lapse of five (5) years subparagraphs (c), (d), (e), and (i) of Republic Act No. 6657, as
from its award, when the land ceases to be economically feasible and amended.
sound for agricultural purposes, or the locality has become urbanized
and the land will have a greater economic value for residential, 22. Section 26. Congressional Oversight Committee. - A Congressional
commercial or industrial purposes, the DAR, upon application of the Oversight Committee on Agrarian Reform (COCAR) is hereby created
beneficiary or the landowner with respect only to his/her retained to oversee and monitor the implementation of this Act. It shall be
area which is tenanted, with due notice to the affected parties, and composed of:
subject to existing laws, may authorize the reclassification or Chairpersons of the Committee on Agrarian Reform of both Houses of
conversion of the land and its disposition: xxx Congress,
Failure to implement the conversion plan within 5 years from approval three (3) Members of the House of Representatives,
of such conversion plan or any violation of the conditions of the three (3) Members of the Senate of the Philippines,
conversion order due to the fault of the applicant shall cause the land (to be designated respectively by the Speaker of the House of
to automatically be covered by CARP. Representatives and the President of the Senate of the Philippines.)

20. Additional prohibited acts: [[FOR PROPERTY – Excerpts from the New Civil Code]
(g) The unjustified, willful, and malicious act by a responsible officer or
officers of the government through the following: Article 415. The following are immovable property:
1. The denial of notice and/or reply to landowners; (1) Land, buildings, roads and constructions of all kinds adhered to the
2. The deprivation of retention rights soil;
3. The undue or inordinate delay in the preparation of claim folders; (2) Trees, plants, and growing fruits, while they are attached to the
4. Any undue delay, refusal or failure in the payment of just land or form an integral part of an immovable;
compensation; (3) Everything attached to an immovable in a fixed manner, in such a
(h) The undue delay or unjustified failure of the DAR, the LBP, the way that it cannot be separated therefrom without breaking the
PARC, the PARCCOM, and any concerned government agency or any material or deterioration of the object;
government official or employee to submit the required report, data (4) Statues, reliefs, paintings or other objects for use or ornamentation
and/or other official document involving the implementation of the xxx
provisions of this Act, as required by the parties or the government xxx (5) Machinery, receptacles, instruments or implements intended by
the owner of the tenement for an industry or works which may be
21. SEC. 74. Penalties. - xxx carried on in a building or on a piece of land xxx
(a) Imprisonment of three (3) years and one (1) day to six (6) years or a (6) Animal houses, pigeon-houses, beehives, fish ponds or breeding
fine of not less than Fifty thousand pesos (P50,000.00)and not more places of similar nature, in case their owner has placed them or
than One hundred fifty thousand pesos (P150,000.00), or both, at the preserves them with the intention to have them permanently
discretion of the court upon any person who violates Section 73, attached to the land, and forming a permanent part of it; the animals
subparagraphs (a), (b), (f), (g), and (h) of Republic Act No. 6657, as in these places are included;
amended; and (7) Fertilizer actually used on a piece of land;
(b) Imprisonment of six (6) years and one (1) day to twelve (12) years (8) Mines, quarries, and slag dumps, while the matter thereof forms
or a fine of not less than Two hundred thousand pesos (P200,000.00) part of the bed, and waters either running or stagnant;
and not more than One million pesos (P1,000,000.00), or both, at the (9) Docks and structures which, though floating, are intended by their
discretion of the court upon any person who violates Section 73, nature and object to remain at a fixed place on a river, lake, or coast;
(10) Contracts for public works, and servitudes and other real rights Article 422. Property of public dominion, when no longer intended for
over immovable property. (334a) public use or for public service, shall form part of the patrimonial
property of the State. (341a)
Article 416. The following things are deemed to be personal property:
(1) Those movables susceptible of appropriation which are not Article 425. Property of private ownership, besides the patrimonial
included in the preceding article; property of the State, provinces, cities, and municipalities, consists of
(2) Real property which by any special provision of law is considered as all property belonging to private persons, either individually or
personalty; collectively. (345a)
(3) Forces of nature which are brought under control by science; and
(4) In general, all things which can be transported from place to place
without impairment of the real property to which they are fixed.
(335a)

Article 417. The following are also considered as personal property:

(1) Obligations and actions which have for their object movables or
demandable sums; and
(2) Shares of stock of agricultural, commercial and industrial entities,
although they may have real estate. (336a)

Property of public dominion

Article 420.
(1) Those intended for public use, such as roads, canals, rivers,
torrents, ports and bridges constructed by the State, banks, shores,
roadsteads, and others of similar character;
(2) Those which belong to the State, without being for public use, and
are intended for some public service or for the development of the
national wealth. (339a)
Article 424. Property for public use, in the provinces, cities, and
municipalities, consist of the provincial roads, city streets, municipal
streets, the squares, fountains, public waters, promenades, and public
works for public service paid for by said provinces, cities, or
municipalities.

Property of private ownership

Article 421. All other property of the State, which is not of the
character stated in the preceding article, is patrimonial property.