Agra Final Table

November 30, 2017 | Author: John Patrick Israel | Category: Leasehold Estate, Lease, Agriculture, Taxes, Property
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Comparison of Agrarian reform laws...

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ACHMED RODENTOR JURADA POSADAS-LL.B.-2B Distinctions Between R.A.3844, P.D. 27, R.A. 6657, and R.A. 9700 R.A. No. 3844

PD No. 27

R.A. No. 6657

R.A. No.9700

Date of enactment

8-Aug-63

21-Oct-72

15-Jun-88

7-Aug-09

Coverage or Scope

shall apply to all tenanted agricultural lands including but not limited to retained areas under R.A. 6657 and P.D. 27 b. Tenanted Agricultural Lands not yet acquired for distribution under CARP pursuant to RA 6657 (Administrative Order No. 4, Series of 1989)

Land must be devoted to rice and corn crops

all private and public lands suited or devoted to agriculture All other lands owned by the Government devoted to or suitable for agriculture

all private and public lands suited or devoted to agriculture All other lands owned by the Government devoted to suitable for agriculture

5 hectares if not irrigated 3 hectares if irrigated

Land awarded should not exceed 3 hectares

Land awarded should not exceed 3 hectares

total cost of the land plus interest rate at 6% per annum

30 annual ammortizations at six percent per annum

30 annual ammortizations at six percent per annum

Award Ceiling for Beneficiaries

Payment by the farmer- beneficiary

There must be an existing share crop or lease tenancy obtaining therein

agricultural lessee, cultivating a landholding with an area of (5) HECTARES or more is prohibited to CONTRACT TO WORK at the same time two or more separated holding belonging to different landholder without the knowledge and consent of the landowner

rental shall be paid by the agricultural lessee in produce or in money

RA 3844

PD 27

RA 6657

RA 9700

ACHMED RODENTOR JURADA POSADAS-LL.B.-2B Distinctions Between R.A.3844, P.D. 27, R.A. 6657, and R.A. 9700

Factors used in determining just compensation

Alienatation of awarded land

Payment to the Land owner

annual lease rental income capitalized at the rate of six per centum per annum

value of the land shall be equivalent to two and one-half (2 1/2) times average harvest of three normal crop years immediately preceeding the promulgation of this decree

lands awarded cannot be resold, encumbered or transferred until after the lapse of 10 years except through hereditary succession after 10 years, any transfer, sale or may be made only in favor of persons qualified to acquire economic family-size farm

Land Bank shall make the payments ten per centum in cash, balance in six percent, tax-free,

1. Cost of Acquisition of the land 2. Current Value of property 3. Nature of the land 4. Actual use 5. Income 6. Sworn valuation by the landowner; 7. Tax Declaration; 8. Assessment made by government 9. The social and economic benefits 10.Non-payment of taxes or loans secured from any government financing institution

1. Cost of Acquisition of the land 2. Current Value of property 3. Nature of the land 4. Actual use 5. Income 6.Sworn valuation by the landowner; 7. Tax Declaration; 8. Assessment made by government 9. The social and economic benefits 10.Non-payment of taxes or loans secured from any government financing institution

Land cannot be sold or transferred except to the government or heriditary succession

For a period of 10 years, the beneficaries cannot sell or transfer the awarded land except; 1. Hereditary succession 2. to the government 3. to the Land Bank of the Philippines 4. other quailified beneficiaries

For a period of 10 years, the beneficaries cannot sell or transfer the awarded land except; 1. Hereditary succession 2. to the government 3. to the Land Bank of the Philippines 4. other quailified beneficiaries

direct payment to the land owner by the farmer beneficiary

Cash and financial instruments Shares of Stock in GOCC Tax Credit Land Bank Bonds

Cash and financial instruments Shares of Stock in GOCC Tax Credit Land Bank Bonds

Payment by Land Bank- 10% cash, balance- Land Bank Bonds and other modes of payment RA 3844

PD 27

RA 6657

RA 9700

ACHMED RODENTOR JURADA POSADAS-LL.B.-2B Distinctions Between R.A.3844, P.D. 27, R.A. 6657, and R.A. 9700

Retention rights of the land owners

In Leasehold Tenancy, the Landowner or agricultural lessor RETAIN OWNERSHIP of the subject landholding

Exclusion of Coverage

Absence of any of the six (6) Essential Elements of Tenancy Relationship, the law will not apply

at least 7 hectares if such landowner is cultivating such area or will now cultivate it

1.Private agricultural lands which are NOT PRIMARILY DEVOTED TO RICE OR CORN 2.There is NO SYSTEM OF SHARE CROP OR LEASE TENANCY obtaining in the landholding.

at least five (5) hectares. landowners whose lands have been covered by Presidential Decree No. 27 shall be allowed to keep the areas originally retained by them thereunder

at least five (5) hectares. landowners whose lands have been covered by Presidential Decree No. 27 shall be allowed to keep the areas originally retained by them thereunder

Those which are not suitable for agriculture or those which are classified as mineral, forest residential, commercial or industrial lands.

Those which are not suitable for agriculture or those which are classified as mineral, forest residential, commercial or industrial lands.

Those which are retained by the landowners

Those which are retained by the landowners

Those which have been classified and approved as NON AGRICLTURAL prior to June 15, 1988.

Those which have been classified and approved as NON-AGRICLTURAL prior to June 15, 1988.

Those lands or portions LBP thereof under the coverage of EO 407 but found to be no longer suitable for agriculture

Those lands or portions LBP thereof under the coverage of EO 407 but found to be no longer suitable for agriculture

Exclusion of Coverage

Exclusion of Coverage

ACHMED RODENTOR JURADA POSADAS-LL.B.-2B Distinctions Between R.A.3844, P.D. 27, R.A. 6657, and R.A. 9700 RA 3844 other salient features

Abolished share tenancy in the Philippines.

other salient features

prescribed a program converting the tenant farmers to lessees and eventually into owner-cultivators

other salient features

Established Bill of Rights for Agricultural Workers

other salient features

Established Land Bank as the financial arm of the agrarian reform program.

other salient features

Creation of the Land Authority Reorganization of Agricultural Credit and Cooperative Financing Administration

PD 27

The land must be devoted to rice or corn crops in order to be covered by the law

There must be a system of SHARE CROP or LEASE TENANCY obtaining therei in order to be covered by law

RA 6657 Specified the exclusion of Ancestral Lands in the application of CARP

Creation of Support Services Office.

Established Specific Areas of Concern  Subsistence Fishing  Logging and Mining Concessions  Sparsely Occupied Public Agricultural Lands  Idle, Abandoned, Foreclosed and Sequestered Lands.  Rural Women, Veterans and Retirees  Agriculture Graduates

RA 9700 Extended the application of RA 6657 for 5 more years

layed own the scheme for the final acquisition and distribution of all remaining agricultural lands for the 5year extension period

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