Agrarian Reform Notes

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  • 8/10/2019 Agrarian Reform Notes

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    R.A. 3884

    Scope Any agricultural land regardless of crops planted

    Retention Limit None specified

    Landowners Compensation

    1. Valuation

    Negotiation among FB, LO, DAR, and LBP; subjectto court approval

    2. Payment Scheme Cash - 10%

    Bonds - 90%

    3. Features

    Term -25 years

    Interest Rate -6% Tax Free

    Maturity Period -Balloon payment on the 25th year

    Interest - May 20, Nov. 20 Payment Dates

    Payment By Farmer - Beneficiaries

    1. Amount to be Amortized Equal to the amount paid to LO

    2. Term

    25 years3. Interest Rate

    6%

    Land Ownership

    Ownership of land awarded to farmer allocatees by theBank until fully paid.

    Process

    Acquisition

    petition of at least 1/3 of tenants

    valuation thru negotiation between LO & FB; DARand LBP

    execution of Deed of Sale (DOS) between LBP andLO

    court approval of DOS

    transfer of title from LO to LBP

    payment of 10% cash, 90% bonds

    Process

    Disposition

    Subdivision survey of the estate (DAR)

    screening and allocation of FBs (DAR)

    issuance of CLTs (DAR)

    lot-by-lot appraisal

    generation of Contract to Sell in favor of FBs

    preparation/accomplishment of judicial forms andregistration thereof

    execution of Deed of Absolute Sale (DAS) in favor ofFBs

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    P.D. 27

    Scope Private agricultural lands primarily devoted to rice

    corn under a system of sharecrop or leaseholdsystem whether classified as landed estate or not

    Deemed Owners

    (As of October 21, 1972)

    All qualified tenant farmers

    Award Limit

    Family-size farm of 5 hectares if not irrigated and 3hectares if irrigated

    Landowners Compensation1. Valuation

    Average Gross Production for 3 normal cropcycles immediately preceding 1972 x 2.5 x Govt.Support price*

    *Rice - P35.00

    *Corn - P31.002. Payment Scheme

    Cash - 10% / 20% / 30%

    Bonds - 90% / 80% / 70%

    Features of LB Bonds

    Term -25 years

    Interest Rate -6% tax free

    Maturity Period

    -Balloon payment on 25th year Interest Payment -May 20 and Nov. 20

    Dates

    Payment by Farmer - Beneficiaries

    1. Amount to be Amortized- Equal to amount paid to LO2. Term

    - 15 years3. Interest Rate - 6 years

    Process

    Identification of land / landowner/ tenant

    Preparation of parcellary mappings

    Issuance of CLT

    Valuation -- LTPA and BCLP

    Issuance of Emancipation Patent

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    E.O. 228

    SCOPE

    All privately owned rice and corn lands tenanted coveredby PD 27 unvalued as of August 18, 1987 (Program A)

    Retention Limit

    7 hectares

    Landowners Compensation1.Valuation

    Same as P.D. 27

    Foreclosure of Mortgage

    When FB fails to pay three / or the equivalent of three

    annual amortizations

    Transferability

    Ownership may be transferred after full payment.

    Process

    Identification of land / landowner / tenant

    Final survey

    Issuance of Emancipation Patent

    Valuation (BCLP) as updated by LVSS

    Release of mortgage upon full payment

    Payment by Farmer - Beneficiaries1. Amount to be -Equal to amount paid to LO Amortized

    2. Term -20 years -Lands already valued and

    financed likewise extended a 20 year payment period

    3. Interest Rate -6% with 2% reduction for prompt payment

    Features of the 10-Year LB Bonds

    Interest Rate -91 day T-Bill rate net of withholding tax

    Maturity Period -10% of the value every year

    Interest Payment -Every semester from date of Dates issue

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    E.O. 229

    SCOPE

    All public and private agricultural lands including otherlands of public domain suitable to agriculture

    Prog. B

    Sequestered, foreclosed and forcloseable, idle,voluntarily offered and expropriated lands

    Prog. C

    Tenanted non-rice, non-corn lands/ estates under laboradministration

    Prog. D

    Other public and government lands

    Retention Limit

    To be determined by Congress

    Landowners Compensation1. Valuation --See Formula-- (CS / LI / TD)2. Payment Scheme -Cash -10%

    -Bonds

    -90%3. Features of LB Bonds Term -10% Interest Rate -91-day T-Bill rate net of withholding tax Maturity Period -10% of the value every year Interest Payment -Every Semester from date of

    Dates issue

    Payment by Farmer - Beneficiaries

    1. Amount to beAmortized -Affordability amortization not

    to exceed 10% gross annual production

    2. Term -30 Years

    3. Interest Rate -6% with 2% reduction for prompt payment

    Process

    Compulsory land registration of all landowners

    (LISTASAKA I) Identification of land / landowners / beneficiaries

    Transfer of Certificate of Title from LO to the Republic

    Payment of 10% cash, 90% bonds

    Assistance to LOs (New in EO 229)

    Collection from FBs

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    R.A. 6657

    Scope

    All public and private aggie lands including lands of publicdomain suitable for aggie

    Retention Limits

    Not to exceed 5 has.; Each child may retain 3 has.provided he is:

    at least 15 years old

    actually tilling/managing the land

    P.D. 27 retention

    no change at 7 has.

    Process

    Compulsory land registration of all LOS and registrationof beneficiaries (LISTASAKA II)

    Identification of land / landowners / beneficiaries

    Land valuation

    Execution of Deed of Transfer in favor of the Govt. andsurrender of Certificate of Title and other muniment of title

    Payment to Landowners

    Land distribution within 180 days from time DAR takesactual possession of land (award limi: 3 has.)

    Assistance to LOs / FBs

    Collection from FBs

    Priorities Phase 1

    Rice and corn lands under P.D. 27

    Idle and abandoned lands

    Voluntary offers

    Lands foreclosed by GFIs

    Lands acquired by PCGG

    Govt lands suitable for aggie

    Timeframe

    Immediately, to be completed in 4 years

    Phase 2

    Alienable and disposable public aggielands

    Arable public aggie lands

    Public lands to be opened for devt andresettlement

    private aggie lands in excess of 50 has.,insofar as excess is concerned

    Timeframe

    Immediately, to be completed with 4 years

    Phase 3

    All other private aggie lands Timeframe:

    24-50 has

    start on 4th yr.; to be completed with 3yrs

    24 has. & below

    start on 6th year.; to be completedwithin 4 yrs.

    Last Phase Commercial farms (commercial livestock,

    poultry, etc,)

    Timeframe

    To be distributed after 10 yrs fromeffectivity of CARL

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    Features of AR Bond

    Term -10 years

    Interest Rate -91 day T-Bill Rate

    Maturity -10% of value every year

    Interest Payment -Every Semester

    Payment by Beneficiaries

    1. Tenor A. Year 1 to Year 3 - 2.5% of Annual Gross Production B. Year 4 to Year 5 - 5% of AGP

    C. Year 6 to Year 30 - 10% of AGP

    2. Term -30 years3. Interest Rate - 6 Years

    Notes:

    On #1 ----> AFFORDABILITY Clause / Amortization

    On #2, #3 -----> Regular Amortization

    Adopt ------> Whichever is LOWER!

    COMPARATIVE FEATURES OF THE VARIOUSLEGISLATIONS ON AGRARIAN REFORM

    SCOPE RETENTION

    LIMIT

    RA 3844 All aggie lands None specfied

    PD 27 Tenanted riceand corn lands

    7 has

    EO 228 Uncompletedrice & corn landsunder PD 27

    7 has. fortenanted rice

    and corn lands

    EO 229 All other aggielands

    To bedetermined by

    Congress

    RA 6657 All public &private aggielands, includingother lands ofpublic domainsuitable for

    agriculture

    5 has.;3 has. for each

    child

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    LANDOWNERS COMPENSATION

    VALUATION CASH BONDS

    RA 3884 Negotiationamong FB,LO, DAR,and LBP;subject tocourtapproval

    10% 90%

    PD 27 Averagegross prod. x

    2.5 x govt.support pricefor 1 cavanof rice/cornon 10/21/72

    10% 90%

    EO 228 Same as PD27; underBCLP

    20% 80%

    EO 229 Fair market

    value

    10% 90%

    VALUATION CASH BONDS

    RA 6657 Currentvalue, LOs

    swornvaluation,Taxdeclaration,Assessmentmade byGovt

    25%30%

    35%40%

    othermodes

    available

    75%70%

    65%60%

    othermodes

    available