AGRA. REVIEWER FOR FINALS located in Brgy.
Sabang, Lipa City, within the
I.
A. The essence of an affidavit of seller/transferor is
to prove that the purpose of selling the land is
not to be exempted from the coverage of CARP.
In this case, the seller will execute an affidavit
attesting that the landholding has a retain area of
not more than 5 hectares and the land can be the
subject of sale. The execution must not be
violative of the rules under CARP. (3 pts.)
B. The essence of the affidavit of buyer/transferee is
that he/she or spouses has an inclusive area of
not more than 5 hectare, if taking into account
that they should retain an area of 5 hectares if not
irrigated and 3 hectare if irrigated. The
acquisition of land shall not exceed the area
allowed by law, which is 5 hectares and they
must furnish a copy of statement to BARC. The
execution to their document is to attest that they
have a retention limit allowed by law and not in
violation of the rules under CARP. (4 pts.)
II.
I. Pedro should file the application to the CLUPPI.
Under the rules on land conversion, when an
application concerns a parcel of land that is
adjacent to another parcel of land that was
previously granted a Conversion Order, and the
sum of the areas of the said parcels of land
exceeds 5 hectares, the approving authority shall
be the Secretary, acting upon the
recommendation of the CLUPPI.
II. When a single project proposes the conversion of
2 or more parcels of land with different owners
but within the same barangay or within 2 or
more barangays that are adjacent to each other,
and the sum areas of the said parcels of land
exceeds 5 hectares, the approving authority shall
be the Secretary, acting upon the
recommendation of the CLUPPI.
In this case, since RBM Development Corp. has
a single project proposing the conversion of 2 or
more parcels of land, with 2 different owners,
and has an area of 5 hectares, which are both
same barangay, it should be filed before the
CLUPPI.
III.
A. Under RA 6657, the landowner of agricultural
land has the right to retain 5 hectares regardless
of whether it is irrigated or not. Every child of
the landowner, legitimate or illegitimate, may be
awarded of 3 hectares, provided that the child is
at least 15 years of age and personally tilling or
managing the land.
In the case at hand, Jose owns 15 hectares and he
has 2 sons, 18 years and 15 years old
respectively. Since the child is qualified by the
age requirement and the presumption is that they
are personally tilling or managing the land, they
may be awarded 3 hectares each.
B. Marion being a qualified beneficiary may also be
awarded with 3 hectares. However, the
landowner has the right to choose which area he
wants to retain, and which one will be awarded
to the leaseholder. Mario has two options,
provided by the rules under RA 6657, that he has
the right to choose whether he will be a
beneficiary or tenant.
If he chooses to be a beneficiary, he cannot avail
the right of being a tenant and he must be
awarded with 3 hectares respectively.
IV.
A. Under the DARAB Rules of Procedure both
parties are obliged to appear during preliminary
conference. If either or both parties fail to
appear, despite proper notice, the conference
shall be deemed terminated and the Adjudicator
shall render a decision on the basis of the
evidence on record.
B. Since Tomas failed to appear, the preliminary
conference shall be deemed terminated and the
Adjudicator shall proceed to render a decision on
the basis of the evidence on record.
 V. Secretary with a full but non-extendible period of
A. The applicant or landowner or developer shall 15 days.
pay disturbance compensation in cash or kind or
combination of cash and kind to the farmers, Thus, Tomas has a full 15 days to fill his appeal
agricultural lessees, share tenants, farmworkers, before the Secretary.
actual tillers, or occupants affected by the
conversion, in such amounts or under such terms VII.
as the parties may mutually agreed upon.
A. Provided that the employer realizes gross sales in
The amount of disturbance compensation shall
excess of 5 million pesos per anuum, the
not be less than five (5) times the average of the
following shall be covered by the mandated
gross harvests on the target landholding during
Prodution/Profit Sharing under RA 6657:
the last five (5) preceding calendar years.
a) Any enterprise engaged in agriculture
under lease, management contract,
B. Within 60 days from the receipt of the
production venture or other similar
conversion order, the landowners or developers
arrangement;
shall pay disturbance compensation in cash or in
b) Multinational corporations engaged in
kind to the affected beneficiaries, farmworkers,
agricultural activities;
share-tenants, actual tillers and the like.
c) Commercial farms devoted to
However, if the parties failed to agree on the
commercial livestock, poultry and the
amount of the compensation, they may refer the
like.
issue to the PARAD for resolution. When the
B. In Production Share, 3% of the Annual Gross
case is pending, the landowner cannot evict the
Sales from June 15, 1988, until final land or
farmworkers until the dispute is resolved.
corporate stock transfer to the farmworker-
beneficiaries is effected, provided that the
VI. employer is not obligated to pay more than 100%
A. At the Regional Director's level, if the motion for of the regular annual compensation of the
reconsideration is denied, the movant may
perfect an appeal before the Secretary within farmworker-beneficiaries.
only the remainder of the non-extendible period
of fifteen (15) days. If the motion for 50% of estimated Production Share shall be
reconsideration is granted, resulting to the distributed within 60 days at the end of the
reversal of the original decision, the aggrieved accounting year, with the balance payable not
party may perfect an appeal before the Secretary more than 60 days thereafter.
within a full but non-extendible period of fifteen
(15) calendar days from receipt of the reversed In Profit Share, 10% of the Net Profit after Tax,
resolution. provided that the employer is not obligated to
pay more than 100% of the regular annual
At the Office of the Secretary's level, if the
compensation of the farmworker-beneficiaries.
motion for reconsideration is denied, the movant
may perfect an appeal before the Office of the
VIII.
President (OP) within fifteen (15) days from
receipt of the resolution denying the motion for
Under RA 6657, corporation or association which
reconsideration.
voluntarily divest a proportion of their capital stock,
In the case at hand, Kulasa received the copy of equity or participation in favor of their workers or
the order of approval on the 11th day. Hence, other qualified beneficiaries are under the conditions
Kulasa still has 4 remaining days to file. set to protect the rights of the beneficiaries under
Stock Distribution:
A. If motion for reconsideration is granted, resulting
to the reversal of the original decision, the
agrrieved party may file an appeal before the
 a) The books of the corporation shall be
subject to periodic audit by certified public
accountants chosen by the beneficiaries.
b) The beneficiary shall be assured of at least
one representative in the board of directors,
or in a management or executive committee.
c) Any shares acquired by such workers and
beneficiaries shall have the same rights and
features as all other shares.
d) Any transfer of shares of stock by the
original beneficiaries shall be void unless
said transactions is in favor of a qualified
and registered beneficiary within the same
corporation.
IX.
A. The lands awarded to qualified beneficiaries
shall be paid for by the beneficiaries to the LBP
in 30 annual amortizations at 6% interest per
annum.
The LBP shall have a lien by way of mortgage
on the land awarded to the beneficiary; and this
mortgage may be foreclosed by the LBP for non-
payment of an aggregate of 3 annual
amortizations. The LBP will then advise the
DAR of such matter and the latter shall
subsequently award the forfeited landholding to
other qualified beneficiaries. A beneficiary,
whose land has been forfeited, shall thereafter be
permanently disqualified from becoming a
beneficiary under RA 6657.
B. Only after the lapse of 10 years from the time the
land has been awarded to the beneficiary under
RA 6657, may he be allowed to sell, transfer, or
convey his landholding in the following manner:
a) By hereditary succession
b) To the government
c) To the LBP
d) To other qualified beneficiaries.
Only transfers or conveyances of lands by a
beneficiary in favor of the government or the
LBP are subject to repurchase by the spouse or
children of the transferor within 2 years. The law
is silent regarding transfers or alienations of land
awarded under this Act in favor of qualified
beneficiaries or third persons, as to whether or
not said lands may likewise be subject to
repurchase by the beneficiary’s spouse or
children.
X.
A. Under the Family Code, a husband owning a
capital property and a paraphernal property of
wife may retain an area not more than 5 hectares,
provided they executed a judicial separation of
properties prior to their marriage. In the absence
of such agreement, the properties whether
capital, conjugal or paraphernal shall be deemed
as absolute community. (3 pts.)
B. Under the Civil Code, the spouses who only own
a conjugal property may retain an area of 5
hectares provided there is no judicial separation
of properties. However, if either or both spouses
are landowners in their respective landholdings,
each of them may retain an area not more than 5
hectares. In no case, such a couple exceeds the
retention of 10 hectares.
NOTES:
 The counsel or his representative cannot, without
a written authority or express consent of his
client, enter into an amicable settlement, submit
to alternative modes of dispute resolution or
enter into stipulations or admissions of facts or
documents.
 During preliminary conference; amicable
settlement → must be reduced in writing and
signed by the parties.