ASL Midterms Samplex With Answers

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1.

Small land owners case ung explanation dun


2. CARP concept (coverage meaning ganun)
3. Expropriation in land reform
4. Social justice and social legislation
5. Define agra reform

 According to Sec. 3 of R.A. No. 6657, Agrarian Reform means the redistribution of lands, regardless of
crops or fruits produced to farmers and regular farmworkers who are landless, irrespective of tenurial
arrangement, to include the totality of factors and support services designed to lift the economic status
of the beneficiaries and all other arrangements alternative to the physical redistribution of lands, such
as production or profit-sharing, labor administration, and the distribution of shares of stocks, which will
allow beneficiaries to receive a just share of the fruits of the lands they work.

6. Lands covered by agra and what are not (nasa Luz Farm din toh)
7. Reclassification of lands, conversion of land(who classify, how)
8. DAR and DARAB
9. Ancestral land

 Refers to land occupied, possessed and utilized by individuals, families and clans who are members of
the ICCs/IPs since time immemorial, by themselves or through their predecessors-in-interest, under
claims of individual or traditional group ownership,continuously, to the present except when interrupted
by war, force majeure or displacement by force, deceit, stealth, or as a consequence of government
projects and other voluntary dealings entered into by government and private individuals/corporations,
including, but not limited to, residential lots, rice terraces or paddies, private forests, swidden farms and
tree lots;
 Exempted from coverage of agrarian reform program.

10. When to give land (implementation)


11. Agricultural tenancy agreement (concept)
12. Sharehold vs leasehold vs civil lease
13. Tenant, landholder, define (exam namin noon)
14. Agricultural tenancy vs employer employee relationship
15. Cultivation of Immediate farm household (who are they)
16. Termination of tenancy
17. Death of tenant
18. When to disposses tenant
19. Retention limit and exceptions (this includes children kung ilan at dapat nagtitill ung anak or nagmamange
basta may ganyan ako naaalala hahaha. )
The landowner has the right to retain not more than 5 hectares of his landholdings. It does not need to be
personally cultivated by him, the cultivation can be done through labor administration.

According to Sec. 6-A, LGUs acquiring private agricultural lands by expropriation or other modes of acquisition
to be used for actual, direct and exclusive public purposes, shall not be subject to the 5 hectare retention limit.
It should be consistent with the approved local comprehensive used plan. Provided that:

1. It must first undergo the land acquisition and distribution process of the program;
2. Furthermore, when these lands have already been subjected to expropriation, the agrarian reform
beneficiaries therein shall be paid the just compensation.

20. Homestead grantees


21. Right to choose the area (who has the right)

 The landowner has the right to choose the area to be retained. The area that he chose must be
compact and contiguous and shall be at least prejudicial to the entire landholding and the majority of
the farmers.

22. Voluntary transfer/ compulsory

 Sec. 7 of CARL was amended by R.A. No. 9700, allowing voluntary land transfer up to June 30, 2008
only. After the said date, the modes of acquisition are limited to voluntary offer to sell and compulsory
acquisition only.

23. Is consent needed in just compensation (meaning of just compensation)

 Yes. JC is the full and fair equivalent of the property taken from its owner by the expropriator.
SECTION 17. Determination of Just Compensation. – In determining just compensation, the cost of
acquisition of the land, the current value of like properties, its nature, actual use and income, the sworn
valuation by the owner, the tax declarations, and the assessment made by government assessors shall
be considered. The social and economic benefits contributed by the farmers and the farmworkers and
by the Government to the property as well as the non-payment of taxes or loans secured from any
government financing institution on the said land shall be considered as additional factors to determine
its valuation.

24. Mode of payment

SECTION 18. Valuation and Mode of Compensation. – The LBP shall compensate the landowner in
such amounts as may be agreed upon by the landowner and the DAR and the LBP, in accordance
with the criteria provided for in Sections 16 and 17 and other pertinent provisions hereof, or as may
be finally determined by the court, as the just compensation for the land.

The compensation shall be paid in one of the following modes, at the option of the landowner:
(1) Cash payment, under the following terms and conditions;

(a) For lands above – Twenty-five percent


fifty (50) hectares, insofar (25%) cash, the balance to
as the excess hectarage is be paid in government
concerned. financial instruments
negotiable at any time.
(b) For lands above – Thirty percent (30%) cash,
twenty-four (24) hectares the balance to be paid in
and up to fifty (50) hectares. government financial
instruments negotiable
at any time.
(c) For lands twenty-four – Thirty-five percent (35%)
(24) hectares and below. cash, the balance to be paid
in government financial
instruments negotiable at
any time.

(2) Shares of stock in government-owned or controlled corporations, LBP preferred shares, physical
assets or other qualified investments in accordance with guidelines set by the PARC;

(3) Tax credits which can be used against any tax liability;

(4) LBP bonds, which shall have the following features:

(a) Market interest rates aligned with 91-day treasury bill rates. Ten percent (10%) of the face value of
the bonds shall mature every year from the date of issuance until the tenth (10th) year: Provided,
That should the landowner choose to forego the cash portion, whether in full or in part, he shall be
paid correspondingly in LBP bonds;

(b) Transferability and negotiability. Such LBP bonds may be used by the landowner, his successors
in interest or his assigns, up to the amount of their face value, for any of the following:

(i) Acquisition of land or other real properties of the government, including assets under the Asset
Privatization Program and other assets foreclosed by government financial institutions in the same
province or region where the lands for which the bonds were paid are situated;

(ii) Acquisition of shares of stock of government-owned or controlled corporations or shares of stocks


owned by the government in private corporations;

(iii) Substitution for surety or bail bonds for the provisional release of accused persons, or
performance bonds;

(iv) Security for loans with any government financial institution, provided the proceeds of the loans
shall be invested in an economic enterprise, preferably in a small- and medium-scale industry, in the
same province or region as the land for which the bonds are paid;

(v) Payment for various taxes and fees to government; Provided, That the use of these bonds for
these purposes will be limited to a certain percentage of the outstanding balance of the financial
instruments: Provided, further, That the PARC shall determine the percentage mentioned above;
(vi) Payment for tuition fees of the immediate family of the original bondholder in government
universities, colleges, trade schools, and other institutions;

(vii) Payment for fees of the immediate family of the original bondholder in government hospitals; and

(viii) Such other uses as the PARC may from time to time allow.

In case of extraordinary inflation, the PARC shall take appropriate measures to protect the economy.

25. Define farmworker

 According to Sec. 3 of R.A. No. 6657, He is natural person who renders services for value as an
employee or laborer in an agricultural enterprise or farm regardless of whether his compensation is paid
on a daily, weekly, monthly or “pakyaw” basis. The term includes an individual whose work has ceased
as a consequence of, or in connection with, a pending agrarian dispute and who has not obtained a
substantially equivalent and regular farm employment.

26. Seasonal farmworker vs regular farmworker (define)

 According to Sec. 3 of R.A. No. 6657, a Seasonal Farmworker is a natural person who is employed on
a recurrent, periodic or intermittent basis by an agricultural enterprise or farm, whether as a permanent
or a non-permanent laborer, such as “dumaan”, “sacada”, and the like.
 The same law defined a Regular Farmworker as a natural person who is employed on a permanent
basis by an agricultural enterprise or farm.

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