f.

Any party who disagrees with the decision

Chapter V Land Acquisition may bring the matter to the court of proper
jurisdiction for final determination of just
compensation.
Section 16 as last updated by RA 9700 (2009)
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Procedure for Acquisition and Distribution of Private
Lands. — Compulsory Acquisition

For purposes of acquisition of private lands, the NOTES: DEFINITION

following procedures shall be followed:
a. After having identified the land, the NOTE: MODE OF LAND acquisition whereby the government
landowners and the beneficiaries, the DAR acquires private agricultural lands under the procedure in
shall send its notice to acquire the land to the Section 16 of the CARL and relevant regulations
owners thereof, by personal delivery or \\\
registered mail, and post the same in a
conspicuous place in the municipal building ---------------------------------------------------------
and barangay hall of the place where the
Compulsory Acquisition
property is located. Said notice shall contain
the offer of the DAR to pay a corresponding
value in accordance with the valuation set NOTES: PROCESS / PROCEDURE
forth in Sections 17, 18, and other pertinent
provisions hereof. MUST BE STRICTLY CONSTRUED [Cabral v. Heirs of
b. Within thirty (30) days from the date of receipt Adolfo]
of written notice by personal delivery or
registered mail, the landowner, his NOTE: For purposes of acquisition of private lands, the
administrator or representative shall inform following procedures shall be followed:
the DAR of his acceptance or rejection of the 1. \\\identified the land, the landowners and the
offer. beneficiaries
c. If the landowner accepts the offer of the DAR,
the Land Bank of the Philippines (LBP) shall
pay the landowner the purchase price of the
land within thirty (30) days after he executes
and delivers a deed of transfer in favor of the
Government and surrenders the Certificate of
Title and other monuments of title.
d. In case of rejection or failure to reply, the
DAR shall conduct summary administrative
proceedings to determine the compensation
for the land by requiring the landowner, the
LBP and other interested parties to submit
evidence as to the just compensation for the
land, within fifteen (15) days from the receipt
of the notice. After the expiration of the above
period, the matter is deemed submitted for
decision. The DAR shall decide the case 1. DARPO generates:
within thirty (30) days after it is submitted for a. list of landholdings grouped
decision. according to the prioritized phasing
e. Upon receipt by the landowner of the under the CARL. List is provided to
corresponding payment or, in case of the Municipal office and DAR
rejection or no response from the landowner, b. a list of lands for which notices of
upon the deposit with an accessible bank coverage had already been issued
designated by the DAR of the compensation and served. Such list is provided to
in cash or in LBP bonds in accordance with the MARO.
this Act, the DAR shall take immediate 2. The MARO and BARC
possession of the land and shall request the a. prepares a preliminary list of
proper Register of Deeds to issue a Transfer potential qualified beneficiaries of
Certificate of Title (TCT) in the name of the the subject landholdings, clearly
Republic of the Philippines. The DAR shall stating the qualifications thereof
thereafter proceed with the redistribution of b. screens and select qualified
the land to the qualified beneficiaries. beneficiaries under Section 22 of
• __

as to the just compensation for the

the CARL and thereafter includes
land, within fifteen (15) days from the
qualified beneficiaries in a master
receipt of the notice. After the
list.
expiration of the above period, the
3. The MARO continues with the process of
matter is deemed submitted for
land acquisition and distribution in which
decision. The DAR shall decide the
the landowner is issued a notice of
case within thirty (30) days after it is
coverage on his land and afforded an
submitted for decision.
opportunity to exercise his right of retention
○ Any party who disagrees with the
4. The PARO then conducts land surveys,
decision may bring the matter to the
after which the MARO, BARC member, and
court of proper jurisdiction for final
LBP representative conduct field
determination of just compensation.
investigations to complete the valuation of
the land, among others
4. \\\Upon receipt by the landowner of the
5. The LBP thereafter determines the initial
corresponding payment or, in case of
valuation of the covered landholding
rejection or no response from the landowner,
upon the deposit with an accessible bank
2. \\\the DAR shall send its notice to acquire designated by the DAR of the compensation
the land to the owners thereof, in cash or in LBP bonds in accordance with
○ by personal delivery or registered this Act, the DAR shall take immediate
mail, possession of the land and
i. and ○ The mere fact, therefore that the DAR
○ post the same in a conspicuous place has deposited the offered price does
in the municipal building and not warrant the cancellation of the
barangay hall of the place where the owner’s title. (LBP v. DUMLAO)
property is located. ○ Opening a trust account does not
constitute payment because the law
requires just compensation to be paid
TWO NOTICES ARE REQUIRED FOR VALIDITY
in cash and LBP bonds and not by
OF IMPLEMENTATION
trust account. [LBP v. Spouses
1. Notice of Coverage
Avancena]
○ under DEPARTMENT OF
5. \\\[DAR] shall request the proper Register of
AGRARIAN REFORM
Deeds to issue a Transfer Certificate of Title
ADMINISTRATIVE ORDER NO. 07,
(TCT) in the name of the Republic of the
SERIES OF 2011
Philippines.
2. Notice of Acquisition
○ under Section 16 of the CARL
6. \\\The DAR shall thereafter proceed with the
redistribution of the land to the qualified
3. \\\Within thirty (30) days from the date of beneficiaries.
receipt of written notice by personal delivery
or registered mail, the landowner, his [SECTION 21]: Section 21 Payment of Compensation by
administrator or representative shall inform Beneficiaries Under Voluntary Land Transfer. —
the DAR of his acceptance or rejection of - In the event they cannot agree on the price of land,
the offer. the procedure for compulsory acquisition as provided
in Section 16 shall apply. The LBP shall extend financing
○ If the landowner accepts the offer
to the beneficiaries for purposes of acquiring the land.
of the DAR, the Land Bank of the
\\\
Philippines (LBP) shall pay the
landowner the purchase price of
---------------------------------------------------------
the land within thirty (30) days after
he executes and delivers a deed of
transfer in favor of the Government
and surrenders the Certificate of
Title and other monuments of title.
○ In case of rejection or failure to
reply, the DAR shall conduct
summary administrative
proceedings to determine the
compensation for the land by requiring
the landowner, the LBP and other
interested parties to submit evidence