Etar Grp2

I. Features of RA 6657 and RA 9700  RA # 6657: Comprehensive Agrarian Reform Law (CARL) signed by President Corazon C. Aquino on June 10, 1988 o Legal basis for Comprehensive Agrarian Reform Program (CARP) o Redistribution of public and private agricultural lands to farmers & farmworkers--landless, irrespective of tenurial arrangement o Vision: Equitable land ownership w empowered agrarian reform beneficiaries who can effectively manage their economic and social dev. -> better quality of life o Aims to promote social justice and industrialization o Major features: 1.Coverage: all agricultural lands regardless of crops produced or tenurial status of the tiller 2.Beneficiaries: all workers in the land (landless and willing to till the land) 3.Support services to program beneficiaries 4.Arrangements that ensure tenurial security of farmers and farmworkers: Leasehold arrangement, stock distribution option and production and profit sharing 5.Adjudication body that will resolve agrarian disputes  RA 9700: Comprehensive Agrarian Reform Program Extension with Reforms (CARPER) o August 7, 2009 o contains an extension of the budget for CARP esp. the Land Acquisition and Distribution (LAD) program for 5 yrs starting July 1, 2009 o Strengthens & improves CARP o New provisions: Gender provisions and the Congressional Oversight Committee and a number of Supreme Court decisions legislated like the indefeasibility of titles given under agrarian reform and exclusive jurisdiction of DAR in agrarian dispute criminal cases o Most challenging part of CARPER: how to balance the landowners’ interest, the farmer’s interest and the Department of Agrarian Reform’s (DAR) interest. o Majority of the provisions: pro-farmers o Will only end when ALL agricultural lands have been distributed to landless farmers and that tenancy system has been converted to ownership o Major social reform agenda of the gov. 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 II.Lands covered by Agrarian Reform  Est. 7.8 million hectares of land: covered by CARP  Regardless of tenurial arrangement and commodity produced, all public and private agricultural lands, as provided in Proclamation No. 131 and Executive Order No. 229, including other lands of the public domain suitable for agriculture  All alienable and disposable lands of the public domain devoted to or suitable for agriculture. No reclassification of forest or mineral lands to agricultural lands shall be undertaken after the approval of this Act until Congress, taking into account ecological, developmental and equity considerations, shall have determined by law, the specific limits of the public domain  All lands of the public domain in excess of the specific limits as determined by Congress in the preceding paragraph  All other lands owned by the Government devoted to or suitable for agriculture  All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon  Lands covered by CARPER will be acquired and distributed in three phases.  Phase One: covers rice and corn lands, all idle lands or abandoned lands, all private lands voluntarily offered by the owners for agrarian reform, all lands foreclosed by government financial institutions, all lands acquired by the Presidential Commission on Good Government, and all other lands owned by government devoted to or suitable for agriculture  Phase Two: all alienable and disposable public agricultural lands; all arable public agricultural lands under agro-forest, pasture and agricultural leases already cultivated and planted to crops in accordance with Section 6 Article XIII of the Constitution; all public agricultural lands that are to be opened for new development and resettlement; all private agricultural lands in excess of 50 hectares.  Phase Three: all other private agricultural lands starting with large landholdings and then those with medium and small landholding III.

Lands Exempted from the coverage of AR

a.For an area in I.A above to be exempted from CARP coverage, it must be “actually, directly and exclusively used and found to be necessary” for the purpose so stated. b.The security of tenure of tenants enjoyed prior to 15 June 1988 shall be respected even if the land is exempted. As to farmworkers, the exemption shall not mean the loss of the benefits to which they are entitled under other laws. In addition, they shall be granted preference in the award of other lands covered by CARP. c. Lands which have been classified or proclaimed, and/or actually, directly and exclusively used and found to be necessary for parks, wildlife, forest reserves, fish sanctuaries and breeding grounds, and watershed and mangroves shall be exempted from the coverage of CARP d.Lands which have been actually, directly and exclusively used and found to be necessary for reforestation are likewise excluded and exempted from the coverage of the CARP, provided that the areas o portions thereof occupied by qualified forest occupants shall be included in the Integrated Social Forestry (ISF) program of DENR, is suitable. e.All lands with a slope of eighteen percent (18%) and over are exempt from land acquisition and distribution. However, those with 18% slope and over but already developed shall be allocated to qualified occupants in the following manner: 1.If classified as forest land, they shall be allocated by the DENR under Integrated Social Forestry Program. 2.If classified as alienable and disposable, they shall be allocated by LMB-DENR and DAR pursuant to the provisions of the Public Land Act and the Joint DARDENR Administrative Order No. 2, series of 1988; and 3.If private agricultural land, they shall be acquired in accordance with the provisions of R.A. 6657. IV. Retention Limit - size of the land an individual owner will be allowed to keep or retain, whether he or she is a cultivator or not  Section 6 of RA 6657: Land owner, whether natural or juridical, whose land were covered under CARP is entitled to a max. of 5 ha of their land  Child of the land owner: may be awarded 3 ha, provided that s/he is: a) at least 15 y/o and b) actually

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tilling the land/directly managing the farm at the time CARP took effect However, under PD 27 (decreeing the emancipation of tenants from the bondage of the soil, transferring to them the ownership of the land they till and providing the instruments and mechanism therefore), a land owner may not retain more than 7 ha if such land owner is cultivating the area or will now cultivate it Original homestead grantees/their direct compulsory heirs who still own the original homestead may retain 24 hectares, as long as they continue to cultivate the homestead The right to choose the area to be retained, which shall be compact or contiguous, shall pertain to the land owner. Provided, that in case the area selected for retention by the landowner is tenanted, the tenant shall have the option to choose whether to remain therein or be a beneficiary in the same or another agricultural land with similar or comparable features In case the tenant chooses to remain in the retained area, he shall be considered a leaseholder and shall lose his right to a beneficiary under this Act. In case the tenant chooses to be a beneficiary in another agricultural land, he loses his right as a leaseholder to the land retained by the landowner. The tenant must exercise this option within a period of one (1) year from the time the landowner manifests his choice of the area for retention. In all cases, the security of tenure of the farmers or farmworkers on the land prior to the approval of this Act shall be respected. Upon the effectivity of this Act, any sale, disposition, lease, management, contract or transfer of possession of private lands executed by the original landowner in violation of the Act shall be null and void: - Provided, however, that those executed prior to this Act shall be valid only when registered with the Register of Deeds within a period of three (3) months after the effectivity of this Act. - Thereafter, all Registers of Deeds shall inform the Department of Agrarian Reform (DAR) within thirty (30) days of any transaction involving agricultural lands in excess of five (5) hectares. SECTION 4. There shall be incorporated after Section 6 of Republic Act No. 6657, as amended, new sections to read as follows: EHTISC "SEC. 6-A. Exception to

Retention Limits. — Provincial, city and municipal government units acquiring private agricultural lands by expropriation or other modes of acquisition to be used for actual, direct and exclusive public purposes, such as roads and bridges, public markets, school sites, resettlement sites, local government facilities, public parks and barangay plazas or squares, consistent with the approved local comprehensive land use plan, shall not be subject to the five (5)hectare retention limit under this Section and Sections 70 and 73(a) of Republic Act No. 6657, as amended: Provided, That lands subject to CARP shall first undergo the land acquisition and distribution process of the program: Provided, further, That when these lands have been subjected to expropriation, the agrarian reform beneficiaries therein shall be paid just compensation."  "SEC. 73. Prohibited Acts and Omissions. — The following are prohibited: "(a) The ownership or possession, for the purpose of circumventing the provisions of this Act, of agricultural lands in excess of the total retention limits or award ceilings by any person, natural or juridical, except those under collective ownership by farmer-beneficiaries; " … V. Qualified Beneficiaries  Landless farmers, inc. agricultural lessees, tenants, as well as regular, seasonal and other farmworkers. In a certain landholding the qualified beneficiaries who are tenants and regular farm-workers will receive 3 hectares each before distributing the remaining land to the other qualified beneficiaries like seasonal farmworkers and other farmworkers (Section 22 of CARL). The Department of Agrarian Reform (DAR) identifies and screens potential beneficiaries and validates their qualifications.  Must be at least 15 years old, be a resident of the barangay where the land holding is located, and own no more than 3 hectares of agricultural land.  Most: organized or stable farmers because of the high productivity and success rate of harvest Quiz: True or False 1.The retention limit of the land owner, whether natural or juridical, whose land were covered under CARP is entitled to a maximum of 7 hectares of their land. 2.The child of the land owner may be awarded 3 hectares, provided that he or she is: a) at least 18

years old and b) is actually tilling the land or directly managing the farm at the time CARP took effect. 3.The beneficiaries of CARPER are landless farmers, including agricultural lessees, tenants, as well as regular, seasonal, and other farmworkers. 4.An estimate of 8.7 Million hectares of land is covered by CARP. 5.The lands covered by CARPER will be acquired and distributed in three phases. 6.The beneficiaries must be at least 13 years old, be a resident of the barangay where the land holding is located, and own no more than 3 hectares of agricultural land. 7.CARPER law is an extension with some reforms of CARP law. It extends the distribution of agricultural lands to farmers for three years. 8.All lands with a slope of eighteen percent (18%) and over are exempt from land acquisition and distribution. 9.The land that will be given to the farmers can either be sold to someone or can be inherited by the succeeding family member. 10. Legal basis for CARP is Republic Act No. 6657.

Answer Key: F F TFT FFTFT