Embed Size (px)
Citation preview
The Comprehensive Agrarian
Reform Program(CARP)
By:Mark Lester Chan
Karl Kristian LauiganShayne Anne IsokJohn Alvin Agustin
The Comprehensive Agrarian Reform Program
o Known as R.A. 6657 signed by President Cory Aquinoo The welfare of the landless farmers and farm workers will receive the highest
consideration to promote social justice and to move the nation toward sound rural development and industrialization, and the establishment of owner cultivatorship of economic sized farms as the basis of Philippine agriculture.
o A more equitable distribution of land, with due regards to the rights of landowners to just compensation and to the ecological needs of the nation, undertaken to provide farms and farm workers with the opportunity to enhance their dignity and improve the quality of their lives through greater productivity of agriculture lands.
o In the 70’s, the Philippines has one of the highest farm tenancy rates in Asia.
A Rice Share Tenancy Act was passed in 1933 but the legislation was circumvented by Landlords interest and was never implemented. Republic Acts 1911 and 1400 in 1954 and 1955 established a formula for crop sharing, promoted the resettlement of the public lands, and provided for the expropriation of land estates to provide family size farms for endless tenants.
In 1963 the Agricultural Land Reform Code (RA 3844) shifted the emphasis away from expropriation and resettlement to a two stage conversion of share croppers. Leaseholders Leaseholders into owner operators
The Land reform before 1972
Agrarian Reform since 1972
Department of agrarian reform, consists of issuing and distributing certificates of land transfer and transferring titles to former
tenants.
The certificate is not deed or title to the land but merely verifies that the tenant is the
tiller of the land he claims to be cultivating.
Although the intention in 1972 was to transfer titles for all 1.5million hectares, in 1974 the
government indicated that tenanted holding of 7 or fewer hectares would be
exempted from the land transfer.
Administrative difficulties have arisen primarily as the result of the long delay in issuing rules and regulations for the DAR
field teams.
The emphasis of the 1972 reforms on the transfer of ownership highlights the
problem of incomplete records of land titles and land rights
Operation Land Transfer
Coverage of CARP
o The comprehensive Agrarian Reform Law of 1988 shall cover, regardless of the arrangement of tenure and commodity produced, all public and private agriculture lands as provided in Proclamation No. 131 and Executive Order No. 229, including other lands of the public domain suitable for agricultureThe following lands are covered by the Comprehensive Agrarian Reform Program :
All alienable and disposable lands of the public domain devoted to or suitable for agriculture.
All land 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; and
All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon.
Schedule of Implementation
o The distribution of all lands covered by this Act shall be implemented and complete within ten years from the effectivity of this code.
Except as otherwise provided in this Act, no person may own or retain, directly or indirectly, any public or private agricultural land, the size of which shall vary according to factors
governing viable sized farm, such as commodity produced, terrain, infrastructure, and soil fertility as determine by the Presidential Agrarian Reform Council (PARC) created here
under, but in no case shall retention by the land owner exceed 5 hectares. 3 hectares may be awarded to the child of the land owner, subject to the following qualifications:That he is
at least 15 years of age.
That he is actually tilling the land or directly managing the farm.
Retention of Limits
Multinational Corporation
Ancestral Lands
o Ancestral Lands of each indigenous cultural commodity shall include, but not be limited to, lands in the actual, continuous and open possession, and occupation of the community and its members: provided, that the Torrens Systems shall be respected.
o Ancestral lands shall be protected to insure their economic, social, and cultural well being.
Commercial farmingo Commercial farms, which are
private agricultural lands devoted to commercial livestock, poultry and swine raising, and aquaculture including saltbeds, fishponds and prawn ponds, fruit farms, orchards, vegetable and cut-flower farms, and cacao, coffee and rubber plantations shall be subject to immediate compulsory acquisition and distribution after ten (10) years from the effectivity of this Act.
Exemption and Exclusions
Definitions
o For the purpose of this Act, here are some definitions used:o Agrarian reform means the redistribution of lands, regardless of crops or
fruits produced, to farmers and regular farmworkers who are landless.o Agriculture, Agriculture Enterprise, or Agricultural Activity means the
cultivation of the soil, planting of crops, growing of fruit trees, raising of livestock, poultry or fish, including the harvesting of such farm products, and other farm activities, and practices performed by a farmer in conjunction with such farming operations done by persons whether natural or juridical.
o Agricultural Land refers to land devoted to agricultural activity as defined in this Act and not classified as mineral, forest, residential, commercial, or industrial land.
o Idle or Abandoned Land refers to any agricultural land not cultivated, tilled or developed to produce any crop nor devoted to any specific economic purpose continuously for a period of 3 years immediately prior to the receipt of notice of acquisition by the government as provided under this Act, but does not include land that has become permanently or regularly devoted to non-agricultural purposes.
o Farmers, refer to a natural person whose primary livelihood is cultivation of land or the production of agricultural crops, either by himself, or primarily with the assistance of his immediate farm household, whether the land is owned by him, or by another person under a leasehold or share tenancy agreement or arrangement with the owner thereof.
o Farm worker is a natural person who renders service for value as an employee or laborer in an agricultural enterprise or farm regardless of whether his compensation is paid on a daily, weekly, monthly or “pakyaw” basis.
o Regular farm worker is a natural person who is employed on a permanent basis by an agricultural enterprise or farm.
Compensation (Determination of Just Compensation)
Valuation and Mode of Compensation
o The compensation shall be paid in one of the following modes, at the option of the landowner.
o Cash payment, under the following terms and conitions:o For Lands above 50 hectares – 25% cash, the balance to be paid in
government financial instruments.o For Lands above 24 hectares – 30% cash, the balance to be paid in
government financial instruments.
o Shares of stock in government-owned or controlled corporations, LBP preferred shares, physical assets or other qualified investments in accordance with guidelines set by the PARC;
o Tax credits which can be used against any tax liability;o Land Bank of the Philippines (LBP) bonds.
Qualified Beneficiaries
o The lands covered by the CARP shall be distributed as much as possible to landless residents of the same barangay, or in the absence thereof, landless residents of the same municipality on the following order of priority:
o Agricultural lessees and share tenants;o Regular farmworkers;o Seasonal farmworkers;o Other farmworkers;o Actual tillers or occupants of public land;o Collectives or cooperatives of the above
beneficiaries; ando Others directly working on the land.
Distribution of Limits
o No qualified beneficiaries may own more than 3 hectares of agricultural land.
o To ensure availability of funds and resources to implement and support CARP, Sec. 63 of the law provides the following funding and resources:o The initial amount needed to implement this act for the period of 10 years
upon approval hereof shall be funded from the agrarian reform fund created under Sections 20 and 21 of Executive Order No. 229. Additional amounts are hereby authorized to be appropriated when needed to augment the Agrarian Reform Fund in order to fully implement the provisions of this act.
o Source of funding or appropriations shall include the following:o Proceed of the sales of the assets Privatization Trust;o All receipts from assets recovered and from sales of ill-gotten wealth
recovered through the Presidential Commission on Good Government;o Proceeds of the disposition of the properties of the government in foreign
countries;o Portions of amount accruing to the Philippines from all sources of official
foreign aid grants and concessional enterprises, operated by multinational corporations and associations.
o Other government funds not otherwise appropriated; and o All funds appropriated to implement the provisions of this act shall be
considered continuing appropriations during the period of its implementation.
Funding the Agrarian Reform Law
o Over the next 10 years, the major programs and projects of CARP will largely concentrate on the acceleration and completion of activities particularly under the operation land transfer and resettlement.
o The National Economic and Development Authority’s (NEDA’s) Five Year Development Plan for 1987 to 1992 targets for operation land transfer around 1.4 million Emancipation Patents or titles covering farm and home lots including idle and abandoned lands and foreclosed properties to be issued to 687,000 farmers over the next 6 years.
o The landed estate activity is envisioned to cover the issuance of 40 thousand orders of awards/certificates of land transfer for 22 thousand beneficiaries involving an area of 31 thousand hectares.
o The resettlement activity is envisaged to cover some 28,000 homestead patents to be issued to the same number of beneficiaries during the period 1987-1992.
o Under land surveys, a total area of 3,375,000 hectares is projected to be subjected to cover 334,500 hectares, mostly in settlements and landed estates.
o The comprehensive agrarian reform program is really comprehensive in scope.
o Agrarian reform and industrialization are related and complementary.
A Look at the Future
