I.

SELECTION OF PREFERRED BENEFICIARY/IES

SEC. 46, DAR AO 7 s.2011

SECTION 6. Farmer Children of Landowner as Preferred Beneficiaries. Pursuant to existing rules and regulations,
the child of an LO shall be given preference in the distribution of his/her parent’s land provided he/she meets all of
the following criteria:

i. Filipino citizen
ii. At least fifteen (15) years of age of the issuance of 15 June 1988; and
iii. Actually tilling or directly managing the farm as of the time of the conduct of the field investigation of the
landholding under CARP.

In no case may the distribution of lands to preferred beneficiaries deprive each of the agricultural lessees and
tenants of being awarded the portion of the landholding they are actually tenanting/leasing, which in no case shall
be more than three (3) hectares.

J. SUPPORT SERVICES

SEC. 46, DAR AO 7 s.2011

SECTION 38. Support Services to Landowners. — SECTION 38. Support Services for Landowners. —
The PARC with the assistance of such other The PARC, with the assistance of such other government
government agencies and instrumentalities as it may agencies and instrumentalities as it may direct, shall
direct, shall provide landowners affected by the CARP provide landowners affected by the CARP and prior
and prior agrarian reform programs with the following agrarian reform programs with the following services:
services:
(a) Investment information, financial and counseling
(a) Investment information, financial and counseling assistance, particularly investment information on
assistance; government-owned and/or -controlled corporations and
disposable assets of the government in pursuit of
(b) Facilities, programs and schemes for the national industrialization and economic independence:
conversion or exchange of bonds issued for payment of
the lands acquired with stocks and bonds issued by the (b) Facilities, programs and schemes for the conversion
National Government, the Central Bank and other or exchange of bonds issued for payment of the lands
government institutions and instrumentalities; acquired with stocks and bonds issued by the National
Government, the BSP and other government institutions
(c) Marketing of LBP bonds, as well as promoting the and instrumentalities;
marketability of said bonds in traditional and non-
traditional financial markets and stock exchanges; and (c) Marketing of agrarian reform bonds, as well as
promoting the marketability of said bonds in traditional
(d) Other services designed to utilize productively the and non-traditional financial markets and stock
proceeds of the sale of such lands for rural exchanges: and/or
industrialization.
(d) Other services designed to utilize productively the
A landowner who invests in rural-based industries proceeds of the sale of such lands for rural
shall be entitled to the incentives granted to a industrialization.
registered enterprise engaged in a pioneer or preferred
area of investment as provided for in the Omnibus A landowner who invests in rural-based industries shall
Investment Code of 1987, or to such other incentives as be entitled to the incentives granted to a registered
the PARC, the LBP, or other government financial enterprise engaged in a pioneer or preferred area of
institutions may provide. investment as provided for in the Omnibus Investment
Code of 1987, or to such other incentives as the PARC,
The LBP shall redeem a landowner's LBP bonds at face the LBP, or other government financial institutions shall
value, provided that the proceeds thereof shall be provide.
invested in a BOI-registered company or in any agri-
business or agro-industrial enterprise in the region The LBP shall redeem a landowner's agrarian reform
where the landowner has previously made bonds at face value as an incentive: Provided, That at
investments, to the extent of thirty percent (30%) of least fifty percent (50%) of the proceeds thereof shall be
the face value of said LBP bonds, subject to guidelines invested in a Board of Investments (BOI)-registered
that shall be issued by the LBP. company or in any agri-business or agro-industrial
enterprise in the region where the CARP-covered
landholding is located. An additional incentive of two
percent (2%) in cash shall be paid to a landowner who
maintains his/her enterprise as a going concern for five
(5) years or keeps his/her investments in a BOI-
registered firm for the same period: Provided, further,
That the rights of the agrarian reform beneficiaries are
not, in any way, prejudiced or impaired thereby.

The DAR, the LBP and the Department of Trade and

K. LGU RETENTION LIMIT EXEMPTION

SEC. 6-A, RA 6657 as amended by RA 9700

SECTION 6-A. Exception to Retention Limits. – 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 and bridges, public markets, school sites, resettlement sites, local government
facilities, public parks and barangay plazas or squares, consistent with the approved local comprehensive land use
plan, shall not be subject to the five (5)-hectare retention limit under this Section and Sections 70 and 73(a) of
Republic Act No. 6657, as amended: Provided, That lands subject to CARP shall first undergo the land acquisition
and distribution process of the program: Provided, further, That when these lands have been subjected to
expropriation, the agrarian reform beneficiaries therein shall be paid just compensation. (as added by Section 4, RA
9700)

SEC. 41-42, DAR AO 7 s. 2011

SECTION 41. Conditions for LGU Retention Limit Exemption. CARP covered agricultural lands which are to be
expropriated or acquired LGUs for actual, direct, and exclusive public purposes, such as roads and bridges, public
markets, school sites, resettlement sites, local government facilities, public parks, and barangay plazas or squares,
consistent with the approved local government land use plan, shall not be subject to the five (5)-hectare retention
limit. However, prior to the expropriation/acquisition by the LGU concerned, the subject land shall first undergo
the land acquisition and distribution process of the CARP, and the ARBs therein shall be paid just compensation
without prejudice to their qualifying as ARBs in other landholdings under the CARP.

SECTION 42. Agricultural Lands Subject of Expropriation. Pursuant to Section 6-A of R.A. No. 6657, as
amended, an LGU may, through its Chief Executive and/or pursuant to an ordinance, exercise the power of eminent
domain on agricultural lands for public use, purpose, or welfare of the poor and the landless, upon payment of just
compensation to the ARBs on these lands, pursuant to the provisions of the of the Constitution and pertinent laws.
The power of eminent domain may not be exercised unless a valid and definite offer has been previously made to
the ARBs, and such offer was not accepted. In cases where the land sought to be acquired has been issued with an
NOC or is already subject to VOS (with a letter-offer submitted to DAR), the concerned LGU shall suspend the
exercise of its power of eminent domain until after the LAD process has been completed and the title to the
property has been transferred to the ARBs.

Where agricultural lands have been subjected to expropriation; the ARBs therein shall be paid just compensation.