EO 228 provides that lease rentals paid for lands from October 21, 1972 shall be considered as advance payment for PD 27 lands. However, the exact value or just compensation of the land is to be determined with certainty before land titles are transferred to the beneficiaries. (Hernandez, Alba, Hernandez; 2011)

The case of Paris v. Alfeche (G.R. No. 139083, August 30, 2001) discusses this in detail: Before land titles are

transferred to the beneficiaries, the exact value or just compensation of the land must be determined and paid. The exact value of the land should be ascertained, the lease rentals or advance payments deducted therefrom and the balance be paid to the landowner in full. Until then, ownership remains with the landowner.

In the absence of the determination of the value of the cost of the parcels of land, the Supreme Court cannot rule that just compensation has already been fully paid.

The exact value or the just compensation to be given to the landowner cannot just be assumed- it must be determined with certainty before the land titles are transferred.

The total lease rentals paid from October 21, 1972 shall be considered as advance payment, not full payment.

The term private agricultural land includes all lands, whether titled or untitled. (DOJ, Opinion No. 176, series of 1992)

A proper title is not an indispensable requisite before the owner could be paid by the Land Bank of the Philippines. While it would seem from

section 16 (c) (e) and section 14 that the Land Bank is only authorized to pay the purchase price of the land to the landowner after he shall have surrendered his Certificate of Title, such could not have been the intention of the lawmakers, for if it were so, the implementation of the CARL could be imperiled. (Hernandez, Alba, Hernandez; 2011)

Notices of compulsory acquisition should be sent to the landowner, and if a corporation or partnership, to its president, manager, secretary, cashier, agent, or any of its directors or partners. Service upon an administrator

who is not shown to be authorized to receive notices or act on behalf of the corporation in relation to the compulsory acquisition is not valid.

The Notice of Acquisition in Section 16 of the CARL is required to be sent to the landowner by personal delivery or registered mail.

Summonses, pleadings, and notices in cases against a private domestic corporation before the DARAB and the

regular courts are served on the president, manager, secretary, cashier, agent or any of its directors. (Hernandez, Alba, Hernandez; 2011)

Two modes of acquisition of private land: compulsory and voluntary. (Hernandez, Alba, Hernandez; 2011)

In the compulsory acquisition of private lands, the procedure set forth in Section 16 of RA 6657 must be followed: 1. The landholding, the

landowners, and the farmer beneficiaries must first be identified;

2. The DAR shall send a Notice of Acquisition to the landowner, by personal delivery or registered mail;

3. It must be posted in a conspicuous place in the municipal building and barangay hall of the place where the property is located;

4. Within 30 days from receipt of the Notice, the landowner, his administrator or representative shall inform the DAR of his acceptance or rejection of the offer;

5. If the landowner accepts, he executes and delivers a deed of transfer in favor of the government and surrenders the certificate of title;

6. Within 30 days from the execution of the deed of transfer, the LBP pays the owner the purchase price;

7. If the landowner rejects the DAR’s offer or fails to make a reply, the DAR conducts

summary administrative proceedings to determine just compensation for the land;

8. The landowner, the LBP representative and other interested parties may submit evidence on just compensation within 15 days from notice;

9. Within 30 days from submission, the DAR shall decide the case and inform the owner of its decision and the amount of just compensation;

10. Upon receipt by the owner of the corresponding payment or in case of rejection or lack of response from the latter, the DAR shall deposit the compensation in cash or in LBP bonds with an accessible bank;

11. The DAR shall immediately take possession of the land and cause the issuance of a transfer certificate of title in the name of the Republic of the Philippines;

12. The land shall then be redistributed to the farmer beneficiaries;

13. Any party may question the decision of the DAR in the regular courts for final determination of just compensation. (Roxas & Co., Inc. v. The Honorable Court of Appeals, G.R. No. 127876, December 17, 1999)