Generated Deck

138 flashcardsby Kyle
Study these flashcardsFree · spaced repetition · iPhone, Android, Mac & web

All cards

1
What is the Regalian Doctrine?
The principle that lands of the public domain and specified natural resources belong to the State.
2
What are the four constitutional classes of public-domain land?
Agricultural land, forest or timber land, mineral land, and national parks.
3
Which constitutional class of public-domain land may become alienable and disposable?
Agricultural land, subject to the applicable legal requirements.
4
What does A&D mean?
Alienable and Disposable.
5
Does A&D classification automatically mean land is open for disposition?
No. The applicable requirements for opening the land to disposition must also be satisfied.
6
Does long-term occupation automatically establish private ownership of public land?
No. The claimant must satisfy the requirements of the applicable law.
7
What is the difference between land classification and land cover?
Classification is the legal status of land; land cover describes its physical condition or use.
8
What is an example of land cover?
Crops, trees, grass, or buildings.
9
What is an example of land classification?
Alienable and disposable land or forest land.
10
What does a land-classification map show?
The approved boundaries between land classifications, such as A&D land and forest land.
11
Can a survey plan independently convert forest land into A&D land?
No. Classification requires the legally authorized government process.
12
Who classifies public lands under Section 6 of CA 141's original statutory framework?
The President, upon the recommendation specified in the statute.
13
What does Section 7 of CA 141 address?
The declaration of which A&D public lands are open for disposition or concession.
14
What does Section 8 of CA 141 generally require before disposition?
Official delimitation and classification and, when practicable, a survey, along with compliance with other statutory conditions.
15
What exception does Section 8 of CA 141 recognize?
The President may, for public-interest reasons, declare land open before boundaries are established or a survey is completed, or suspend disposition as provided by law.
16
What does Section 9 of CA 141 classify land according to?
Its intended use or purpose, such as agriculture, residential or commercial use, education, charity, or public reservations.
17
What does Section 10 of CA 141 mean by disposition, alienation, or concession?
Authorized methods of acquiring, leasing, using, or benefiting from public-domain land within the Act's scope.
18
What are the four broad modes of disposition for qualifying public agricultural land under CA 141?
Homestead settlement, sale, lease, and confirmation of imperfect or incomplete title.
19
What is the Regalian Doctrine's practical effect on an unregistered public parcel?
The State's ownership remains the starting point unless a legally recognized basis for private ownership is established.
20
What is the constitutional limit on a Filipino citizen's acquisition of A&D public-domain land by purchase, homestead, or grant?
Up to 12 hectares.
21
How much A&D public-domain land may a Filipino citizen lease under the constitutional limit?
Up to 500 hectares.
22
How much A&D public-domain land may a private corporation or association lease under the constitutional limit?
Up to 1,000 hectares, for up to 25 years, renewable for not more than another 25 years.
23
What is the general slope restriction under Section 15 of PD 705?
Public-domain land with a slope of 18% or more generally cannot be classified as A&D.
24
Does land with a slope below 18% automatically become A&D?
No. It may still be needed for forest purposes under Section 16 of PD 705.
25
What slope restriction applies to classifying forest land as grazing land under PD 705, Section 15?
Forest land with a slope of 50% or more shall not be classified as grazing land.
26
What does Section 13 of PD 705 require in land classification?
Criteria, guidelines, technical studies, and an authorized government determination of classification.
27
Does a pasture permit automatically convert forest land into private land?
No. A permit authorizes specified use but does not automatically change classification or transfer ownership.
28
What is the role of DENR in land classification?
It administers and implements relevant environmental and land-classification processes through its designated offices and authorities.
29
What is NAMRIA's principal role in land classification?
Providing central mapping and geospatial expertise, including relevant land-classification mapping support.
30
Can an LGU independently reclassify national public-domain forest land as A&D land?
No. Local coordination and zoning do not replace the legally authorized national classification process.
31
Under DAO 2022-10, who is identified for the specified judicial-titling land-classification certification?
The Chief of the Surveys and Mapping Division of the DENR Regional Office, under the manual's stated procedure.
32
What does RA 11573, Section 7, specify for proof of A&D status in its judicial-confirmation process?
A certification by a duly designated DENR geodetic engineer, imprinted in the approved survey plan with the required legal and mapping references.
33
What law is known as the Agricultural Land Reform Code?
Republic Act No. 3844.
34
When was RA 3844 approved?
August 8, 1963.
35
What was the main purpose of RA 3844?
To abolish agricultural share tenancy, establish leasehold, improve farmers' rights, and support land reform.
36
What agricultural relationship did RA 3844 establish to replace share tenancy?
Agricultural leasehold.
37
Which law amended RA 3844 to provide for nationwide automatic conversion of share tenancy into leasehold?
Republic Act No. 6389.
38
Who is an agricultural lessor?
A person legally furnishing the agricultural landholding to the lessee.
39
Who is an agricultural lessee?
A person who personally cultivates the landholding under the qualifying legal relationship.
40
Does every farm laborer automatically qualify as an agricultural lessee?
No. The legal relationship and statutory requirements must be established.
41
What is security of tenure under RA 3844?
Protection against being removed from the landholding except through legally recognized grounds and procedures.
42
Does the sale of agricultural land automatically terminate an existing leasehold relationship?
No. Under Section 10, the relationship is not extinguished merely by sale or transfer.
43
What happens to leasehold when the agricultural lessee dies?
The relationship may continue with a qualified successor who can personally cultivate the land, as provided by Section 9.
44
What are the three extinguishment grounds identified in Section 8 of RA 3844?
Abandonment without the lessor's knowledge, voluntary surrender with the required notice, or absence of a qualified successor after death or permanent incapacity.
45
How much advance written notice is specified for voluntary surrender under Section 8 of RA 3844?
Three months.
46
What is the right of pre-emption under RA 3844?
The agricultural lessee's preferential opportunity to buy the landholding when the owner decides to sell it.
47
How long does an agricultural lessee generally have to exercise pre-emption under Section 11 of RA 3844?
90 days from receiving the owner's written notice.
48
What is the right of redemption under RA 3844?
The right of an eligible agricultural lessee to redeem a landholding sold to a third person without the lessee's knowledge, subject to the law's requirements.
49
How long is the general redemption period under Section 12 of RA 3844?
Two years from registration of the sale.
50
What is the difference between pre-emption and redemption?
Pre-emption gives a preferential opportunity to buy before sale; redemption allows qualifying recovery after a sale.
51
What is the statutory rental ceiling described in Section 34 of RA 3844?
The equivalent of 25% of the applicable average normal harvest for the prescribed three agricultural years, after required deductions.
52
If the applicable adjusted average normal harvest is 80 cavans, what is 25%?
20 cavans.
53
Can an oral leasehold arrangement automatically remove the lessee's statutory protections?
No. Leasehold may be established orally or impliedly when the legal requirements are met.
54
What are two important rights of agricultural lessees under RA 3844?
Peaceful possession and enjoyment of the land, and cultivation consistent with proven farm practices.
55
Name two important obligations of an agricultural lessee under RA 3844.
To care for and cultivate the farm properly and to pay lawful rent when due.
56
What does Section 15 of RA 3844 prohibit in leasehold contracts?
Unlawful conditions such as excessive rent, forced purchases or services, and prohibited fines or deductions.
57
What are important rights of farm workers listed in the RA 3844 presentation?
Rights to organize, engage in concerted activities, receive the applicable minimum wage, and claim damages for qualifying work-related death or injury.
58
What is the main difference between share tenancy and leasehold?
Share tenancy divides the harvest under the arrangement; leasehold involves cultivation by the lessee and payment of lawful rent.
59
What decree is known as the Tenant Emancipation Decree?
Presidential Decree No. 27.
60
When was PD 27 issued?
October 21, 1972.
61
What land does PD 27 primarily cover?
Qualifying private agricultural land primarily devoted to rice and corn and cultivated by covered tenant-farmers.
62
What is the family-size farm for irrigated land under PD 27?
Three hectares.
63
What is the family-size farm for non-irrigated land under PD 27?
Five hectares.
64
What was the original maximum landowner retention figure under PD 27?
Seven hectares, subject to the decree's cultivation condition and later applicable law.
65
How was land value calculated under the PD 27 formula described in the presentation?
By multiplying the average harvest of three normal crop years immediately preceding promulgation by 2.5.
66
If the average qualifying harvest is 100 units, what is 2.5 times the average?
250 units.
67
What interest rate does the PD 27 payment framework specify?
Six percent per annum, subject to the applicable implementing rules and later laws.
68
What changed the original PD 27 payment period from 15 years to up to 20 annual amortizations?
Executive Order No. 228.
69
What does 6% per annum mean?
An annual interest rate of 6%, not a one-time 6% charge for the entire payment period.
70
What interest rebate is described in EO 228 for qualifying timely amortizations?
A 2% interest rebate for amortizations paid on time, under the applicable rules.
71
Does every rice farmer automatically qualify as a PD 27 beneficiary?
No. The land and tenant must meet the decree's coverage and qualification requirements.
72
Can land awarded under PD 27 be freely transferred like any ordinary private lot?
Not necessarily. Applicable agrarian-reform transfer restrictions and title conditions must be checked.
73
What is the main difference between RA 3844 and PD 27?
RA 3844 established agricultural leasehold, while PD 27 created a land-transfer program for qualifying rice and corn tenants.
74
What law established the Comprehensive Agrarian Reform Program?
Republic Act No. 6657.
75
When was RA 6657 approved?
June 10, 1988.
76
What is CARP?
The Comprehensive Agrarian Reform Program, which provides for acquisition and distribution of qualifying agricultural lands and support for beneficiaries.
77
Which law is known as CARPER?
Republic Act No. 9700.
78
When was RA 9700 approved?
August 7, 2009.
79
What did RA 9700 do to CARP?
It strengthened and amended RA 6657 and extended the land-acquisition and distribution component for a specified period.
80
What types of land are generally covered by Section 4 of RA 6657?
Qualifying public and private agricultural lands, including A&D public lands devoted to or suitable for agriculture.
81
What is the general landowner retention limit under RA 6657?
Five hectares, subject to the law's provisions and exceptions.
82
What retention may a qualifying child of a landowner receive under RA 6657?
Up to three hectares if the child is at least 15 years old and directly tills or manages the farm, subject to statutory requirements.
83
Does every agricultural parcel of five hectares or less automatically become exempt from all CARP provisions?
No. The five-hectare figure is a general retention limit, not a blanket exemption from all CARP provisions.
84
What is the maximum individual beneficiary award generally described in the RA 6657 presentation?
Up to three hectares, subject to qualifications and applicable rules.
85
Who is the lead implementing agency of CARP?
The Department of Agrarian Reform (DAR).
86
What is the role of the Land Bank of the Philippines in agrarian reform?
It performs important financing and compensation functions under the applicable agrarian-reform laws.
87
What is a CLOA?
A Certificate of Land Ownership Award issued in connection with an agrarian-reform land award.
88
Is a CLOA the same as a free patent under CA 141?
No. A CLOA is an agrarian-reform award document, while a free patent is a distinct public-land disposition instrument.
89
What is compulsory acquisition under CARP?
The government's acquisition of covered private agricultural land through the legal process, subject to just compensation.
90
What is Voluntary Land Transfer under CARP?
A lawful arrangement for voluntary transfer of land to qualified beneficiaries under the program's requirements.
91
What is just compensation in CARP?
Compensation legally due to a landowner for qualifying property acquired by the government.
92
What general transfer restriction applies to awarded land under RA 6657, as amended?
A general 10-year restriction applies, subject to the statutory exceptions and required procedures.
93
Can a CLOA beneficiary automatically sell awarded land to a developer four years after award?
No. The applicable transfer restrictions, exceptions, approvals, and title conditions must be checked.
94
What does RA 9700 address regarding land conversion?
Conditions and procedures for authorized conversion of covered agricultural land, subject to legal restrictions and approvals.
95
Does local zoning alone automatically authorize conversion of CARP-awarded agricultural land?
No. The applicable agrarian-reform conversion requirements must also be satisfied.
96
What historical end date did RA 9700 specify for the extended acquisition and distribution component?
June 30, 2014.
97
Did the June 30, 2014 date automatically void every pending CARP case?
No. RA 9700, Section 30, provides for qualifying pending cases and proceedings to continue to finality and execution.
98
What law is known as the New Agrarian Emancipation Act?
Republic Act No. 11953.
99
When was RA 11953 approved?
July 7, 2023.
100
What does RA 11953 provide for?
Condonation of qualifying outstanding debts owed to the government under covered agrarian-reform programs and laws.
101
Does RA 11953 automatically forgive every private loan owed by a farmer?
No. Its condonation provisions concern qualifying debts covered by the Act.
102
What is CA 141 commonly called?
The Public Land Act.
103
When was CA 141 approved?
November 7, 1936.
104
Which three public-land classes are listed in the original Section 6 framework of CA 141?
Alienable or disposable, timber, and mineral lands.
105
What are the main public agricultural land disposition methods under CA 141?
Homestead, sale, lease, and confirmation of imperfect or incomplete title through the applicable route.
106
Does a successful bid automatically mean a sales patent title has already been issued?
No. The award conditions, payment requirements, and statutory process must be satisfied.
107
What does a lease of public land grant?
A right to use and possess land under the lease terms, not automatic ownership.
108
What does Section 43 of CA 141 provide to a qualifying lessee?
An option to purchase the leased land during the lease, subject to the law's restrictions and conditions.
109
What law provides residential free patents for qualifying public residential land?
Republic Act No. 10023.
110
When was RA 10023 approved?
March 9, 2010.
111
What possession period does RA 10023 generally require for a qualifying residential free patent?
At least 10 years of actual occupation and continuous possession, subject to the Act's other requirements.
112
What is the maximum area for a residential free patent in a highly urbanized city under RA 10023?
200 square meters.
113
What is the maximum area for a residential free patent in other cities under RA 10023?
500 square meters.
114
What is the maximum area for a residential free patent in a first- or second-class municipality under RA 10023?
750 square meters.
115
What is the maximum area for a residential free patent in other municipalities under RA 10023?
1,000 square meters.
116
What law is called the Agricultural Free Patent Reform Act?
Republic Act No. 11231.
117
What restrictions did RA 11231 remove for covered agricultural free patents?
The specified restrictions under Sections 118, 119, and 121 of CA 141 for land disposed of under Section 44.
118
Does RA 11231 automatically remove restrictions on every homestead patent, residential free patent, and CLOA?
No. It applies to covered agricultural free patents, not every type of land instrument.
119
What law amended the judicial-confirmation process for imperfect titles and specified a 20-year possession period for its qualifying route?
Republic Act No. 11573.
120
What land must qualify for judicial confirmation under the amended CA 141, Section 48?
A&D agricultural land of the public domain, together with the required possession and other statutory qualifications.
121
Do 20 years of possession and a tax declaration alone guarantee a title under RA 11573?
No. The land's A&D status and all other legal requirements must also be established.
122
What professional certification is required under RA 11573, Section 7, for the statutory A&D proof in its judicial-confirmation process?
The prescribed certification of a duly designated DENR geodetic engineer imprinted in the approved survey plan.
123
Can a private surveyor's unsupported opinion replace the RA 11573 certification?
No. The law specifies the designation, approved plan, and required classification and mapping references.
124
Why must a geodetic engineer verify the correct land-classification records?
Because survey data establishes technical facts, while legal classification must be supported through the authorized process and official records.
125
Which law should be checked when a qualifying agricultural free-patent holder wants to sell or mortgage the land?
RA 11231, together with CA 141, Section 44, and the actual patent and title records.
126
Which laws should be checked when a PD 27 beneficiary has unpaid government amortizations?
PD 27, EO 228, and RA 11953, together with the beneficiary's actual award and debt records.
127
Which laws should be checked when a PD 27-covered landowner claims a seven-hectare retention right?
PD 27 and Section 6 of RA 6657, including the special proviso and the facts concerning retention.
128
Which law should be checked when a farmer seeks judicial confirmation after 25 years of cultivation?
CA 141, Section 48, as amended by RA 11573, including the required proof of A&D status.
129
Which law should be checked when an agricultural lessee challenges excessive rent?
RA 3844, particularly Sections 15 and 34, as applicable.
130
Which law should be checked when an agricultural lessee seeks to redeem land sold without their knowledge?
RA 3844, Section 12.
131
Why is a CLOA different from a public-land patent?
They arise from different legal programs and have different requirements and transfer restrictions.
132
What should be checked before advising whether land can be sold?
The type of title or award, original acquisition law, later amendments, restrictions, outstanding obligations, and required approvals.
133
What is the safest method for answering a question involving an amended law?
Identify the original section, check the later amendment, apply the amended provision, and retain all other consistent legal requirements.
134
What four things should a geodetic engineering student distinguish in a land-law problem?
Physical land cover, survey facts, official legal classification, and the rights permitted by law.
135
What is the main rule when a land survey conflicts with an official classification record?
Do not assume the survey overrides the legal classification; investigate the authoritative records and applicable procedures.
136
What is the main difference between public-land disposition and agrarian reform?
Public-land disposition allocates qualifying public land under laws such as CA 141, while agrarian reform acquires and distributes qualifying agricultural land under laws such as RA 6657.
137
What should be done when a local zoning ordinance labels forest land as residential?
Verify the national land classification and any legally authorized change; zoning alone does not convert forest land into A&D land.
138
What is the key lesson when a family has cultivated forest land for many years?
Long possession and cultivation do not, by themselves, convert forest land into A&D land or guarantee private ownership.
Study all 138 cards for free