carpeR SALIENT FEATURES

PowerPoint Presentation: 

SALIENT FEATURES OF RA 9700 or CARPER

CARP at Twenty Journey: 

CARP at Twenty Journey

CARP : 

CARP Most comprehensive and ambitious agrarian reform law Major social reform agenda of the government and a key strategy in achieving poverty reduction and equity, social justice, economic and political empowerment to the landless and the poorest sector of the country

CARP : 

“A nation where there is equitable landownership with empowered agrarian reform beneficiaries (ARBs) who are effectively managing their economic and social development for a better quality of life.” CARP

THREE MAJOR COMPONENTS: 

THREE MAJOR COMPONENTS Land Tenure Improvement - addressed the inequality of resources Agrarian Justice Delivery - provision of agrarian legal assistance (ALA) and the adjudication of cases

THREE MAJOR COMPONENTS: 

Program Beneficiaries Development - Constitutes the provision of trainings, credit access, and construction of infrastructure projects, particularly Farm to Market Roads (FMRs) and Communal Irrigation Projects (CIPs) to make their newly-awarded lands productive THREE MAJOR COMPONENTS

CARP SELECTED PROVISIONS: 

CARP SELECTED PROVISIONS Equitable distribution and ownership of the land based on the principle of land to the tiller or owner-cultivatorship To redistribute of all public and private agricultural lands regardless of crops raised and tenurial arrangement including the provision of the necessary support services.

CARP SELECTED PROVISIONS: 

Landowners are entitled to retain 5 hectares of their land. In addition, each child of the landowner may be awarded three hectares CARP SELECTED PROVISIONS

CARP SELECTED PROVISIONS: 

Land acquired were distributed to landless residents of same Barangay or municipality in the following order of priority: CARP SELECTED PROVISIONS

CARP SELECTED PROVISIONS: 

gricultural lessees and share tenants CARP SELECTED PROVISIONS A R S O A C O thers directly working on the land egular farmworkers easonal farmworkers ther farmworkers ctual tillers or occupants of public lands ollectives or cooperatives of the above beneficiaries

CARP SELECTED PROVISIONS: 

Only those who met the qualifications are eligible as beneficiaries: landless as defined in RA 6657, Filipino citizen At least 15 years of age or head of the family at the time of acquisition of the property Has willingness, ability and aptitude to cultivate and make the land productive. CARP SELECTED PROVISIONS

CARP SELECTED PROVISIONS: 

CARP implementation was not the sole responsibility of DAR alone but was the program of the entire government. CARP in its twenty years of implementation encountered political and economic difficulties. CARP SELECTED PROVISIONS

CARP SELECTED PROVISIONS: 

Highlights of the CARP Accomplishments: A) Land Tenure Improvement LAD accomplishment - 3.89 million hectares, 57% for the DAR - 2.889 million, 43% for the DENR Non LAD programs 1.08 million has., benefiting 634,508 ARBs, average hectare leased to an ARB stood at 1.71 has. CARP SELECTED PROVISIONS

CARP SELECTED PROVISIONS: 

B ) Agrarian Legal Justice 852,143 cases resolved (99%) against 862,306 case loads 420,950 cases resolved through mediation, (49%) CARP SELECTED PROVISIONS

CARP SELECTED PROVISIONS: 

Program Beneficiaries Development More than 21 million ARBs (service counts) had directly benefited from various programs and projects delivered by DAR and other CIAS, with the support of LGUs, NGOs, private sectors, donor communities and other stakeholders, 1,959 ARCs nationwide received support infrastructure facilities (as of 2007) CARP SELECTED PROVISIONS

CARP SELECTED PROVISIONS: 

The conduits of support were generally the 5,746 organizations and their members totaling 665,476 (59%) or 393,535 ARBs CARP SELECTED PROVISIONS

CARP Impact Assessment Studies: 

CARP Impact Assessment Studies Farm Productivity : in rice and corn areas increased ARB, ,ARB’s household, community and national levels

Sec. 1. Declaration of Principles and Policies: 

Sec. 1. Declaration of Principles and Policies industrialization and full employment as anchored not only on agricultural development but also on agrarian reform

Sec. 1. Declaration of Principles and Policies : 

Sec. 1. Declaration of Principles and Policies Categorical statement on industrialization and full employment as anchored not only on agricultural development but also on agrarian reform , through industries that would maximize our human and natural resources able to compete in both domestic and foreign markets

Sec. 1. Declaration of Principles and Policies : 

Recognition of the limitations on agricultural resources for distribution to ensure economic-sized family farms for beneficiaries, therefore, industrialization and agrarian reform should be pursued simultaneously Sec. 1. Declaration of Principles and Policies

Sec. 1. Declaration of Principles and Policies : 

Industrialization aimed at developing self-reliant and independent national economy effectively controlled by Filipinos The State may establish and operate vital industries in the interest of national welfare or defense. Sec. 1. Declaration of Principles and Policies

Sec. 2. Definitions: 

Sec. 2. Definitions Farmer defined to include those involved in livestock and/or fisheries production Included definition of rural women as those engaged directly or indirectly in farming and/or fishing

Sec. 3. Scope: 

Sec. 3. Scope Exclusion from coverage landholdings with an area of five (5) hectares and below. Comprehensive inventory system in consonance with the National Land Use Plan in accordance with the Local Government Code to be instituted by the DAR within one (1) from effectivity of the law.

Sec. 4. Retention Limits (cont’d): 

Sec. 4. Retention Limits ( cont’d ) Sec. 6-A: Local government units acquiring private agricultural lands by expropriation or other modes for actual, direct and exclusive public purposes not subject to the five-hectare retention limit under this section and Sec. 70 and 73-A of RA 6657, provided that: Lands subject to CARP are first acquired and distributed under the program; and, Beneficiaries are paid just compensation

Sec. 4. Retention Limits (cont’d): 

Sec. 4. Retention Limits ( cont’d ) Sec. 6-B: DAR to submit to congress within six (6) months from the effectivity of the law, a comprehensive study on the land size appropriate for each type of crop, for a possible review of limits of land sizes.

Sec. 5. Priorities: 

Sec. 5. Priorities Final acquisition and distribution of remaining unacquired and undistributed lands from July 1, 2009 to June 30, 2014: Phase 1: July 1, 2009-June 30, 2012 All lands above 50 has. All lands in excess of 50 has. already issued NOCs on or before December 31, 2009 All rice and corn lands GOLs/KKK, GFI, PCGG acquired lands

Sec. 5. Priorities: 

Phase Two Lands above twenty-four (24) up to fifty (50) hectares issued NOCs on or before December 10, 2008 to be completed by June 30, 2012 All remaining private agricultural lands of Los with aggregate area in excess of 24 hectares to be implemented and completed from July 1, 2012 to June 30, 2013 Sec. 5. Priorities

Sec. 5. Priorities: 

Sec. 5. Priorities Phase Three: Lands in excess of ten (10) hectares up to 24 hectares – July 1, 2012 to June 30, 2013 Lands in excess of retention limit up to ten (10) hectares July 1, 2013 to June 30 2014

Sec. 5. Priorities (cont’d): 

Sec. 5. Priorities ( cont’d ) Other salient provisions: Only VLTs submitted by 30 June 2009 allowed After 30 June 2009, only CAs and VOS modes of acquisition allowed All previously acquired lands wherein valuation is subject to challenge by Los to be completed and finally resolved

Sec. 5. Priorities (cont’d): 

Other salient provisions: Only farmers (tenants or lessees) and regular farmworkers actually tilling the lands as certified under oath by the BARC and attested by the LOs shall be qualified as beneficiaries Sec. 5. Priorities ( cont’d )

Sec. 5. Priorities (cont’d): 

Sec. 5. Priorities ( cont’d ) Other salient provisions: Intended beneficiary shall take oath before the municipal/city court judge of his/her willingness to work the land and make it productive and to assume the obligation of paying the land amortizations and land taxes

Sec. 5. Priorities (cont’d): 

Other salient provisions: PARC to prepare implementing rules by PARC to take into consideration the following: farmers are organized and understand the meaning and obligations of farmland ownership; Distribution of lands to the tillers at the earliest practicable time; Enhancement of agricultural productivity Availability of funds and resources to implement the program Sec. 5. Priorities ( cont’d )

Sec. 5. Priorities (cont’d): 

Other salient provisions: PARC to design and conduct information and education campaign for farmers Sec. 5. Priorities ( cont’d )

Sec. 5. Priorities (cont’d): 

Other salient provisions: An owner/tiller may be a beneficiary of other lands he/she is actually cultivating to the extent of the difference between the area of the land he/she owns and the award ceiling of three hectares Rural women shall be given the opportunity to participate in the development planning and implementation of this Act In no case should the ARBs sex, economic, religious, social, cultural, and political attributes adversely affect the distribution of lands Sec. 5. Priorities ( cont’d )

Sec. 6. Procedure for Acquisition and DISTRIBUTION of Private Lands: 

Sec. 6. Procedure for Acquisition and DISTRIBUTION of Private Lands Amends the title of Sec. 17 of RA 6657 to include the word “DISTRIBUTION.”

Sec. 7. Determination of Just Compensation: 

Sec. 7. Determination of Just Compensation Two (2) other factors are included in the determination of just compensation: Value of standing crop 70% of zonal valuation

Sec. 8. Qualified Beneficiaries : 

Sec. 8. Qualified Beneficiaries Landholdings shall first be distributed to agricultural lesses and share tenants, then to regular farmworkers of that same landholding up to a maximum of three (3) hectares each. The remaining portion, if any, shall thereafter be distributed to other qualified beneficiaries pursuant to Sec. 22, subpars. (C), (D), (E), (F), and (G) of RA No. 6657

Sec. 9. Award to Beneficiaries: 

Sec. 9. Award to Beneficiaries Rights and responsibilities of ARBs to commence upon their receipt of their duly-registered EP or CLOA and their actual physical possession of the awarded land, which award to be completed by the DAR in not more than 180 days from the date of registration of the RP Title.

Sec. 9. Award to Beneficiaries: 

EPs, CLOAs, and other titles awarded under the agrarian reform program shall be indefeasible and imprescriptible after one (1) year from its registration with the Registry of Deeds Sec. 9. Award to Beneficiaries

Sec. 9. Award to Beneficiaries (cont’d): 

Sec. 9. Award to Beneficiaries ( cont’d ) Ministerial duty of Register of Deeds to register title in the name of RP after LBP duly certifies that the necessary deposit in favor of the landowner has been made, and to cancel previous titles pertaining thereto

Sec. 9. Award to Beneficiaries (cont’d): 

Identified and qualified ARBs have usufructuary rights over awarded land as soon as the DAR takes possession of the same, even pending award of the EP or CLOA Sec. 9. Award to Beneficiaries ( cont’d )

Sec. 9. Award to Beneficiaries (cont’d): 

Exclusive and original jurisdiction of the Secretary of the DAR over all cases involving the cancellation of emancipation patents, certificates of land ownership award, and other titles issued under any agrarian reform program Sec. 9. Award to Beneficiaries ( cont’d )

Sec. 10. Award Ceilings for Beneficiaries: 

Sec. 10. Award Ceilings for Beneficiaries Determination of the size of land for distribution shall consider crop type, soil type, weather patterns and other pertinent variables or factors deemed critical for the success of the ARBs DAR to encourage ARBs to form or join organizations

Sec. 11. Payment by Beneficiaries: 

Sec. 11. Payment by Beneficiaries Specifies when amortization shall commence: one (1) year from the date of registration of the CLOA; or, one (1) year from the date or actual occupancy if the occupancy took place after the registration of the CLOA

Sec. 11. Payment by Beneficiaries (Cont’d): 

Sec. 11. Payment by Beneficiaries (Cont’d) Payments for first three (3) years SHALL be reduced to a certain amount as established by the PARC

Sec. 12.Transferability of Awarded Lands: 

Sec. 12.Transferability of Awarded Lands Prohibition for a period of ten (10) years against sale, transfer, or conveyance of awarded lands except THROUGH THE DAR, and only under the following conditions: Through hereditary succession, or To the government, or To the LBP, or To other qualified beneficiaries

Sec. 12.Transferability of Awarded Lands (cont’d): 

Title of land awarded under the agrarian reform program must indicate that it is an Emancipation Patent or Certificate of Land Ownership Award and the subsequent transfer must also indicate the same Sec. 12.Transferability of Awarded Lands (cont’d)

Sec.13. Funding for Support Services: 

Funding share for support services increased to 40% of total agrarian reform appropriations DAR to pursue an integrated LAD and PBD strategy Sec.13. Funding for Support Services

Sec.13. Funding for Support Services (Cont’d): 

Establishment, as far as practicable, of a minimum of two (2) ARCs per year per legislative district in areas which have been substantially covered under the agrarian reform program DAR to ensure complementary support services delivery for non-ARC areas Sec.13. Funding for Support Services (Cont’d)

Sec. 14. Support Services for Agrarian Reform Beneficiaries: 

30% of the 40% support services allocation shall be immediately set aside and made available for agricultural credit facilities: 1/3 for subsidies to support initial capitalization of new ARBs upon the awarding of their EP or CLOA; and 2/3 allocation to provide access to socialized credit for ARBs and leaseholders Sec. 14. Support Services for Agrarian Reform Beneficiaries

Sec. 14. Support Services for Agrarian Reform Beneficiaries (Cont’d): 

Direct and active DAR assistance in the education and organization of actual and potential ARBs PARC to adopt, implement, and monitor policies and programs to ensure fundamental equality of women and men in the implementation of the program Sec. 14. Support Services for Agrarian Reform Beneficiaries (Cont’d)

Sec.15. Equal Support Services for Rural Women: 

Support services shall be extended equally to women and men agrarian reform beneficiaries PARC to ensure that these support services integrate with the specific needs and well-being of women farmer-beneficiaries Sec.15. Equal Support Services for Rural Women

Sec.16. Support Services for Landowners: 

INVESTMENT INFORMATION, FINANCIAL AND COUNSELING ASSISTANCE PARTICULARLY INVESTMENT INFORMATION ON GOVERNMENT OWNED OR CONTROLLED CORPORATIONS AND DISPOSABLE ASSETS OF THE GOVERNMENT IN PURSUIT OF NATIONAL INDUSTRIALIZATION AND ECONOMIC INDEPENDENCE. Sec.16. Support Services for Landowners

Sec. 17. The Presidential Agrarian Reform Council: 

Inclusion of the Land Registration Authority Administrator as member Of the six (6) beneficiary representatives, at least one (1) shall be from the Indigenous Peoples, and one (1) from a duly recognized national organization of rural women or a national organization of ARBs with a substantial number of women members At least 20% of the members of the PARC shall be women but in no case shall they be two (2) Sec. 17. The Presidential Agrarian Reform Council

Sec. 18.Quasi Judicial Powers of the DAR: 

DAR decisions shall be immediately executory notwithstanding an appeal to the Court of Appeals, except a decision or a portion thereof involving solely the issue of just compensation Sec. 18.Quasi Judicial Powers of the DAR

Sec. 22. Conversion of Lands: 

Sec. 22. Conversion of Lands DAR may, with due notice to the affected parties and subject to existing laws, authorize the reclassification or conversion of lands and its disposition after five (5) years from its award when: the land ceases to be economically feasible and sound for agricultural purposes, or the locality has become urbanized and the land will have greater economic value for residential, commercial or industrial purpose

Sec. 22. Conversion of Lands (Cont’d): 

Who may apply for conversion: the beneficiary, or the landowner with respect only to his/her retained area which is tenanted Sec. 22. Conversion of Lands (Cont’d)

Sec. 22. Conversion of Lands (cont’d): 

If the applicant for conversion is an agrarian reform beneficiary and the land sought to be converted in the land awarded to him/her or a portion thereof, the applicant, after conversion is granted shall: Invest at least 10% of the proceeds coming from conversion in government securities; and Fully pay the price of the land Irrigated and irrigable lands shall not be subject to conversion Sec. 22. Conversion of Lands ( cont’d )

Sec. 23. Immunity of Government Agencies from Undue Interference: 

Sec. 23. Immunity of Government Agencies from Undue Interference IN CASES FALLING WITHIN THEIR JURISDICTION, NO INJUNCTION, RESTRAINING ORDER, PROHIBITION OR MANDAMUS SHALL BE ISSUED BY THE RTC, MTC , TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, METROPOLITAN TRIAL COURTS AGAINST THE DAR, DA, DENR AND THE DOJ IN THEIR IMPLEMENTATION OF THE PROGRAM.

Sec. 24. Prohibited Acts and Omissions: 

Prohibited Acts and Omissions in Sec. 73 of RA 6657, the following are also prohibited and shall constitute unjustified, willful, and malicious act by a responsible government officer or officers: Denial of notice and/or reply to the landowners Deprivation of retention rights Undue or inordinate delay in the preparation of claim folders Any undue delay, refusal or failure in the payment of just compensation Sec. 24. Prohibited Acts and Omissions

Sec. 24. Prohibited Acts and Omissions (cont’d): 

The following are additionally enumerated as prohibited acts: Undue delay or unjustified failure in the submission of required reports Undue delay in the compliance with the obligation and/or falsification of the certification or attestation Any culpable neglect or willful violations of the provisions of this Act Sec. 24. Prohibited Acts and Omissions ( cont’d )

Sec. 24. Prohibited Acts and Omissions (cont’d): 

Conviction under this Act is without prejudice to any civil and/or appropriate administrative proceedings under Civil Service laws, rules and regulations in case of government officials and employees Any person convicted under this Act shall not be entitled to any benefits provided for in any agrarian reform law or program Sec. 24. Prohibited Acts and Omissions ( cont’d )