Title
LandBank's Role in Agrarian Reform Land Valuation
Law
Executive Order No. 405
Decision Date
Jun 14, 1990
Corazon C. Aquino's Executive Order No. 405 designates the Land Bank of the Philippines as the primary authority for determining land valuation and compensation for private agricultural lands under the Comprehensive Agrarian Reform Law, streamlining the process to facilitate land acquisition and distribution to agrarian reform beneficiaries.

Law Summary

Legal Basis for Determination of Just Compensation

  • Section 17 of RA 6657 outlines criteria for determining just compensation, including:
    • Cost of acquisition of the land
    • Current value of similar properties
    • Nature, actual use, and income derived
    • Owner's sworn valuation
    • Tax declarations and government assessor valuations
  • Additional factors include social and economic improvements made by farmers, farm-workers, and the government, as well as non-payment of taxes or loans secured from government financing institutions.

Valuation and Compensation Procedures

  • Section 18 of RA 6657 mandates that LBP shall compensate landowners based on agreed amounts with DAR and relevant criteria; failing agreement, compensation may be court-determined.
  • The LBP employs commercial banking professionals skilled in agricultural property appraisals to aid in valuation.

Role of the Department of Agrarian Reform

  • The DAR retains responsibility for identifying priority landholdings for coverage under the Comprehensive Agrarian Reform Program (CARP).
  • DAR must cooperate with LBP and use its valuation determinations in acquisition and distribution of lands.

Manpower Augmentation for Implementation

  • The LBP is authorized to augment its human resources to effectively implement its valuation and compensation responsibilities under this Executive Order.

Protection of Legal Rights

  • This Executive Order does not diminish or impair the rights and remedies enjoyed by landowners or agrarian reform beneficiaries under the Comprehensive Agrarian Reform Law.

Effectivity

  • The Executive Order takes effect immediately upon issuance, ensuring prompt operationalization of the land valuation and compensation process under CARP.

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