REPUBLIC ACT NO. 6657
Comprehensive Agrarian Reform Law
Be it enacted
by the Senate and House of Representatives of the Philippines in the Congress
assembled:
CHAPTER I
PRELIMINARY CHAPTER
SECTION 1. Title
. --- This Act shall be known as the Comprehensive Agrarian Reform Law of 1988.
SECTION 2. Declaration of Principles and Policies . --- It is the
policy of the State to pursue a Comprehensive Agrarian Reform Program (CARP).
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.
To this end, a more equitable distribution and ownership of land, with due regard
to the rights of landowners to just compensation and to the ecological needs
of the nation, shall be undertaken to provide farmers and farm workers with
the opportunity to enhance their dignity and improve the quality of their lives
through greater productivity of agricultural lands.
The agrarian reform program is founded on the right of farmers and regular farm
workers, who are landless, to own directly or collectively the lands they till
or, in the case of other farm workers, to receive a share of the fruits thereof.
To this end, the State shall encourage the just distribution of all agricultural
lands, subject to the priorities and retention limits set forth in this Act,
having taken into account ecological, developmental, and equity considerations,
and subject to the payment of just compensation. The State shall respect the
right of small landowners, and shall provide incentives for voluntary land-sharing.
The State shall recognize the right of farmers, farm workers and landowners,
as well as cooperatives and other independent farmers organization, to participate
in the planning, organization, and management of the program, and shall provide
support to agriculture through appropriate technology and research, and adequate
financial, production, marketing and other support services.
The State shall apply the principles of agrarian reform, or stewardship, whenever
applicable, in accordance with law, in the disposition or utilization of other
natural resources, including lands of the public domain, under lease or concession,
suitable to agriculture, subject to prior rights, homestead rights of small
settlers and the rights of indigenous communities to their ancestral lands.
The State may resettle landless farmers and farm workers in its own agricultural
estates, which shall be distributed to them in the manner provided by law.
By means of appropriate incentives, the State shall encourage the formation
and maintenance of economic-sized family farms to be constituted by individual
beneficiaries and small landowners.
The State shall protect the rights of subsistence fishermen, especially of local
communities, to the preferential use of communal marine and fishing resources,
both inland and offshore. It shall provide support to such fishermen through
appropriate technology and research, adequate financial, production and marketing
assistance and other services, The State shall also protect, develop and conserve
such resources. The protection shall extend to offshore fishing grounds of subsistence
fishermen against foreign intrusion, Fisherworkers shall receive a just share
from their labor in the utilization of marine and fishing resources.
The State shall be guided by the principles that land has a social function
and land ownership has a social responsibility. Owners of agricultural land
have the obligation to cultivate directly or through labor administration the
lands they own and thereby make the land productive.
The State shall provide incentives to landowners to invest the proceeds of the
agrarian reform program to promote industrialization, employment and privatization
of public sector enterprises. Financial instruments used as payment for lands
shall contain features that shall enhance negotiability and acceptability in
the marketplace.
The State may lease undeveloped lands of the public domain t qualified entities
for the development of capital-intensive farms, traditional and pioneering crops
especially those for exports subject to the prior rights of the beneficiaries
under this Act.
SECTION 3. Definitions . --- For the purpose of this Act,
unless the context indicates otherwise:
(a) Agrarian Reform means the redistribution of lands, regardless of crops or
fruits produced, to farmers and regular farm workers who are landless, irrespective
of tenurial arrangement, to include the totality of factors and support services
designed to lift the economic status of the beneficiaries and all other arrangements
alternative to the physical redistribution of lands, such as production or profit-sharing,
labor administration, and the distribution of shares of stock, which will allow
beneficiaries to receive a just share of the fruits of the lands they work.
(b) Agriculture, Agricultural Enterprise or Agricultural Activity means the
cultivation of the soil, planting of crops, growing of fruit trees, 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 of juridical. (As amended by R.A. 7881)
(c) 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.
(d) Agrarian Dispute refers to any controversy relating to tenurial arrangements,
whether leasehold, tenancy, stewardship or otherwise, over lands devoted to
agriculture, including disputes concerning farm workers associations or representation
of persons in negotiating, fixing, maintaining, changing or seeking to arrange
terms of conditions of such tenurial arrangements.
It includes any controversy relating to compensation of lands acquired under
this Act and other terms and conditions of transfer of ownership from landowners
to farm workers, tenants and other agrarian reform beneficiaries, whether the
disputants stand in the proximate relation of farm operator and beneficiary,
landowner and tenant, or lessor and lessee.
(e) Idle of Abandoned Land refers to any agricultural land not cultivated, tilled
or developed t produce any crop nor devoted to any specific economic purpose
continuously for a period of three (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. It does not include land which has become unproductive by reason of
force majeure or any other fortuitous event, provided that prior to such event,
such land was previously used for agricultural or other economic purposes.
(f) Farmer refers 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.
(g) Farmerworker 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. The term includes an
individual whose work has ceased as a consequence of, or in connection with,
a pending agrarian dispute who has not obtained a substantially equivalent and
regular farm employment.
(h) Regular Farmworker is a natural person who is employed on a permanent basis
by an agricultural enterprise or farm.
(i) Season Farmworker is a natural person who is employed on a recurrent, periodic
or intermittent basis by an agricultural enterprise or farm, whether as a permanent
of a non-permanent laborer, such as "dumaan", "sacada", and the like.
(j) Other Farmworkers who does not fall under paragraphs (g), (h) and (i).
(k) Cooperatives shall refer to organizations composed primarily of small agricultural
producers, farmers, farm workers, or other agrarian reform beneficiaries who
voluntarily organize themselves for the purpose of pooling land, human, technological,
financial or other economic resources, and operated on the principle of one
member, one vote. A juridical person may be a member of a cooperative, with
the same rights and duties as a natural person.
CHAPTER II
COVERAGE
SEC. 4. Scope.
---The Comprehensive Agrarian Reform Law of 1988 shall cover, regardless of
tenurial arrangement and commodity produced, all public and private agricultural
lands as provide in proclamation No. 131 and Executive Order No.229, including
other lands of the public domain suitable for agriculture.
More specifically, the following lands are covered by the Comprehensive Agrarian
Reform Program:
a) 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;
b) All lands of the public domain in excess to the specific limits as determined
by Congress in the preceding paragraph;
c) All other lands owned by the Government devoted to or suitable for agriculture;
and
d) All private lands devoted to or suitable for agriculture regardless of the
agricultural products raised or that can be raised thereon.
SEC. 5. Schedule of Implementation .---The
distribution of all lands covered by this Act shall be implemented immediately
and completed within ten (10) years from the effectivity thereof.
SEC. 6. Retention Limits.- --Except as
otherwise provided in this Act, no person may own or retain, directly, any public
or private agricultural land, the size of which shall vary according to factors
governing a viable family-sized farm, such as commodity produced, terrain, infrastructure,
and soil fertility as determined by the Presidential Agrarian Reform Council
(PARC) created hereunder, but in no case shall retention by the landowner exceed
five (5) hectares. Three (3) hectares may be awarded to each child to the landowner,
subject to the following qualifications: (1) that he is at least fifteen (15)
years of age; and (2) that he is actually tilling the land or directly managing
the farm: Provided That landowners whose lands have been covered by Presidential
Decree No. 27 shall be allowed to keep the area originally retained by them
thereunder ; Provided, further, That original homestead grantees or direct compulsory
heirs who still own the original homestead at the time of the approval of this
Act shall retain the same areas as long as they continue to cultivate said homestead.
The right to choose the area to be retained, which shall be compact or contiguous,
shall pertained, to the land owner ; provided, however, 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 be a beneficiary in the same
or 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 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 cases, the security of tenure of the farmers or farm workers 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 position of private lands executed by the original landowner
in violation of this 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 DAR within thirty (30)
days of any transaction involving agricultural lands in excess of five (5) hectares.
SEC. 7. Priorities - --The DAR, in coordination with the
PARC shall plan and program the acquisition and distribution of all agricultural
lands through a period of ten (10) years from the effectivity of this Act. Lands
shall be acquired and distributed as follows:
Phase One: Rice and Corn lands under Presidential Decree No. 27; all idle or
abandoned lands; all private lands voluntarily offered by the owners for agrarian
reform; all lands foreclosed by government financial institution ; all lands
acquired by the Presidential Commission on Good Government (PCGG); and all other
lands owned by the government devoted to or suitable for agriculture, which
shall be acquired and distributed immediately upon the effectivity of this Act,
with the implementation to be completed within a period of not more than four
(4) years ;
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 which
are to be opened for new development and resettlement ; and all private agricultural
lands in excess of fifty (50) hectares, insofar as the excess hectarage is concerned,
to implement principally the right of farmers and regular farm workers, who
are landless, to own directly or collectively the lands they till, which shall
be distributed immediately upon the effectivity of this Act, with the implementation
to be completed within a period of not more than four (4) years.
Phase Three: All other private agricultural lands commencing with large landholding
and proceeding to medium and small landholdings under the following schedule:
a) Landholdings above twenty-four (24) hectares up to fifty (50) hectares, to
begin on the fourth (4th) year from the effectivity of this Act and to be completed
within three (3) years; and
b) Landholdings from the retention limit up to twenty-four (24) hectares, to
begin on the sixth (6th) year from the effectivity of this Act and to be completed
principally the right of farmers and regular farm workers who are landless,
to own directly or collectively the lands they till.
The schedule of acquisition and redistribution of all agricultural lands covered
by this program shall be made in accordance with the above order of priority,
which shall be provided in the implementing rules to be prepared by the Presidential
Agrarian Reform Council (PARC), taking into consideration the following: the
need to distribute lands to the tiller at the earliest practicable time; the
need to enhance agricultural productivity; and the availability of funds and
resources to implement and support the program.
In any case, the PARC, upon recommendation by the Provincial Agrarian Reform
coordinating Committee (PARCCOM), may declare certain provinces or regions as
priority land reform areas, in which case the acquisition and distribution of
private agricultural lands therein maybe implemented ahead of the above schedules.
In affecting the transfer within these guidelines, priority must be given to
lands that are tenanted.
The PARC shall establish guidelines to implement the above priorities and distribution
scheme , including the determination of who are qualified beneficiaries: Provided,
That an owner-tiller may be a beneficiary of the land he does not own but is
actually cultivating to the extent of the difference between the area of the
land he owns and the award ceiling of three (3) hectares.
SEC. 8. Multinational Corporations. ---All lands of the
public domain leased, held or possessed by multinational corporations or associations,
and other lands owned by the government or government-owned or controlled corporations,
associations, institutions or entities, devoted to existing and operational
agribusiness or agro-industrial enterprises, operated by multinational corporations
and associations , shall be programmed for acquisition and distribution immediately
upon the effectivity of this Act, with the implementation to be completed within
three (3) years
Lands covered by the paragraph immediately preceding, under lease, management,
grower or service contracts, and the like, shall be disposed of as follows:
a) Lease, management , grower or service contracts covering such lands covering
an aggregate area in excess of 1,000 hectares, leased or held by foreign individuals
in excess of 500 hectares are deemed amended to confirm with the limits set
forth in Section 3 of Articles XII of the Constitution.
b) Contracts covering areas not in excess of 1,000 hectares in the case of such
individuals shall be allowed to continue under their original terms and conditions
but not beyond August 29, 1992, or their valid termination, whichever comes
sooner, after which, such agreements shall continue only when confirmed by the
appropriate government agency. Such contracts shall likewise continue even after
the land has been transferred to beneficiaries or awardees thereof, which transfer
shall be immediately commenced and implemented, and completed within the period
of three (3) years mentioned in the paragraph 1 hereof.
c) In no case will such leases and other agreements now being implemented extend
beyond August 29, 1992, when all lands subject hereof shall have been distributed
completely to qualified beneficiaries or awardees .
Such agreements can continue thereafter only under a new contract between the
government or qualified beneficiaries or awardees, on the one hand, and said
enterprises, on the other.
Lands leased, held or possessed by multinational corporations, owned by private
individuals and private non-governmental corporations, associations, institutions,
and entities, citizens of the Philippines, shall be subject to immediate compulsory
acquisition and distribution upon the expiration of the applicable lease, management
grower of service contract in effect as of August 29, 1987, or otherwise, upon
its valid termination,whichever comes sooner, but not later than after ten(10)
years following the effectivity of this Act . However, during the said period
of effectivity, the government shall take steps to acquire these lands for immediate
distribution thereafter.
In general, lands shall be distributed directly to the individual worker-beneficiaries.
In case it is not economically feasible and sound to divided the land, then
they shall form a workers' cooperative or association which will deal with the
corporation or business association or any other proper party, for the purpose
of entering into a lease or growers agreement and for all other legitimate purposes.Until
a new agreement is entered into by and between the workers ' cooperative or
association and the corporation or business association or any other proper
party, any agreement existing at the time this Act takes effect between the
former and the previous landowner shall be respected by both the workers' cooperative
or association in the corporation, business association or such other proper
party. In no case shall the implementation or application of this Act justify
or result in the reduction of status or diminution of any benefits received
or enjoyed by the worker- beneficiaries,or in which they may have a vested right,
at the time this Act becomes effective.
The provision of Section 32 of this Act, with regard to production -and income
sharing shall apply to farms operated by multinational corporations.
During the transition period, the new owners shall be assisted in their efforts
to learn modern technology in production. Enterprises which show a willingness
and commitment and good faith efforts to impart voluntarily such advanced technology
will be given preferential treatment where feasible.
In no case shall a foreign corporation, association, entity or individual enjoy
any right or privileges better than those enjoyed by a domestic corporation,
association, entity or individual.
SEC.9. Ancestral Lands. --For purpose of this Act, ancestral
lands of each indigenous cultural community 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 System shall be respected.
The right of these communities to their ancestral lands shall be protected to
ensure their economic, social and cultural well-being. In line with the other
principles of self-determination and autonomy, the systems of land ownership,
land use, and the modes of settling land disputes of all these communities must
be recognized and respected.
Any provision of law to the contrary notwithstanding, the PARC may suspend the
implementation of this Act with respect to ancestral lands for the purpose of
identifying and delineating such lands: Provided, That in the autonomous regions,
the respective legislature may enact their own laws on ancestral domain subject
to the provisions of the Constitution and the principles enunciated in this
Act and other national laws.
SEC. 10. Exemptions and Exclusions.-
a) Lands actually, directly and exclusively used for parks, wildlife, forest
reserves, reforestation, fish sunctuaries and breeding grounds, watersheds and
mangroves shall be exempt from the coverage of this Act.
b) Private lands actually, directly and exclusively used for prawn farms and
fishponds shall be exempt from the coverage of this Act: Provided, That said
prawn farms and fishponds have not been distributed and Certificate of Land
Ownership Award (CLOA) issued to Agrarian Reform Program.
In cases where the fishponds or prawn farms have been subjected to the Comprehensive
Agrarian Reform Law, by voluntary offer to sell, or commercial farms deferment
or notices of compulsory acquisition , a simple and absolute majority of the
actual regular workers or tenants must consent to the exemption within one (1)
year from the effectivity of this Act. When the workers or tenants do not agree
to this exemption, the fishponds or prawn farms shall be distributed collectively
to the worker-beneficiaries or tenants who shall from cooperative or association
to manage the same.
In cases where the fishponds or prawn farms have not been subjected to the Comprehensive
Agrarian Reform Law, the consent of the farm workers shall no longer be necessary
; however, the provision of Section 32-A hereof on incentives shall apply.
c) Lands actually, directly and exclusively used and found to be necessary for
national defense, school sites and campuses, including experimental farm stations
operated by public or private schools for educational purposes, seeds and seedlings
research and pilot production center, church sites and convents appurtenant
thereto, mosque sites and Islamic centers appurtenant thereto, communal burial
grounds and cemeteries, penal colonies and penal farms actually worked by the
inmates, government and private research and quarantine centers and all lands
with eighteen percent (18%) slope and over, except those already developed,
shall be exempt from the coverage of this Act. ( As amended by R.A 7881)
SEC. 11. Commercial Farming
Commercial farms which are private agricultural lands devoted to salt
beds, 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. In the
case of new farms, the ten-year period shall begin from the first year of commercial
production and operation, as determined by the DAR. During the ten-year period,
the Government shall initiate steps necessary to acquire these lands, upon payment
of just compensation for the land and the improvements thereon, preferably in
favor of organized cooperatives or associations, which shall thereafter manage
the said lands for the workers-beneficiaries.
(As amended by R.A. 7881)
CHAPTER III
IMPROVEMENT OF TENURIAL AND LABOR RELATIONS
SEC. 12. Determination
of Lease Rentals .--In order to protect and improve the tenurial and
economic status of the farmers in tenanted lands under the retention limit and
lands not yet acquired under this Act, the DAR is mandated to determine and
fix immediately the lease rentals thereof on accordance with Section 34 of R.A.
No. 3844 as amended : Provided, That the DAR shall immediately and periodically
review and adjust the rental structure for different crops, including rice and
corn, of different regions in order to improve progressively the conditions
of the farmer, tenant or lessee.
SEC. 32-A Incentives .---Individuals and entities owning
or operating fishpond and prawn farms are hereby mandated to execute within
sex (6) months from the effectivity of this Act, an incentive plan with their
regular fishpond or prawn farm workers or fishpond or prawn farm workers organization,
if any, whereby seven point five percent (7.5%) of their net profit before tax
from the operation of the fishpond or prawn farms are distributed within sixty
(60) days at the end of the fiscal year as compensation to regular and other
pond workers in such ponds over and above the compensation they currently receive.
In order to safeguard the right of the regular fishpond or prawn farm workers
under the incentives plan, the book of the fishpond or prawn farm owners shall
be subject to periodic audit or inspection by certified public accountants chosen
by the workers.
The forgoing provision shall not apply to agricultural lands subsequently converted
to fishponds or prawn farms provided the size of the land converted does not
exceed the retention limit of the landowner. (As added by R.A.
7881)
SEC. 13 . Production Sharing Plan .--- Any enterprise adopting
the scheme provided for in Section 32 or operating under a production venture,
lease management contract or other similar arrangement and any farm covered
by Sections 8 and 11 hereof is hereby mandated to execute within ninety (90)
days from the effectivity of this Act, a production-sharing plan under guidelines
prescribed by the appropriate government agency.
Nothing herein shall be construed to sanction the diminution of any benefits
such as salaries, bonuses, leaves and working conditions granted to the employee-beneficiaries
under existing laws, agreements , and voluntary practice by the enterprise,
nor shall the enterprise and its employee-beneficiaries be prevented from entering
into any agreement with terms more favorable to the latter.
CHAPTER IV
REGISTRATION
SEC. 14. Registration
of Landowners .---Within one hundred eighty (180) days from the effectivity
of this Act, natural or juridical, including government entities, that own or
claim to to own agricultural lands, whether in their names or in the name of
others, except those who have already registered pursuant to Executive Order
No.229, who shall be entitled to such incentives as may be provided for by PARC,
shall file a sworn statement in the proper assessors office in the form to prescribed
by the DAR, stating the following information:
(a) The description and area of the property;
(b) The average gross income from the property for at least three (3) years
(c) The names of the tenants and farm workers therein;
(d) The crops planted in the property and the area covered by each crop as of
June 1,1987
(e) The terms of mortgages, leases, and management contracts subsisting as of
June 1, 1987 ; and
(f) The latest declared market value of the land as determined by the city or
provincial assessor.
SEC. 15. Registration of Beneficiaries. ---The DAR in coordination
with the Barangay Agrarian Reform committee (BARC) as organized in this Act,
shall registered all agricultural lessees, tenants and farm workers who are
qualified to be beneficiaries with the assistance of the BARC and the DAR shall
provide the following data:
a) Names and members of their immediate farm household ;
b) Location and area of the land they work;
c) Crops planted ; and
d) Their share in the harvest or amount of rental paid or wages received.
A copy of the registry or list of all potential CARP beneficiaries in the barangay
shall be posted in the barangay hall, school or other public buildings in the
barangay where it shall be open to inspection by the public at all reasonable
hours.
CHAPTER V
LAND ACQUISITION
SEC.16. Procedure for Acquisition of private
Lands .--- For purposes of acquisition of private lands, the following
procedures shall be followed:
(a) After having identified the land, the landowners and the beneficiaries,
the DAR shall send its notice to acquire the land to the owners thereof, by
personal delivery or registered mail, and post the same in a conspicuous place
in the municipal buildings and barangay hall of the place where the property
is located. Said notice shall contain the offer or the DAR to pay a corresponding
value in accordance with the valuation set forth in Sections 17, 18, and other
pertinent provisions hereof.
(b) Within thirty (30) days from the date of receipt of written notice by personal
delivery or registered mail, the landowners, his administrator or representative
shall inform the DAR of his acceptance or rejection of the offer.
(c) If the landowner accepts the offer of the DAR, the LBP shall pay the landowner
the purchase price of the land within thirty (30) days after he executes and
delivers a deed of transfer on favor of the Government surrenders the Certificate
of Title and other monuments of title.
(d) In case of rejection or failure to reply, the DAR shall conduct summary
administrative proceedings to determine the compensation of the land by requiring
the landowner, the LBP and other interested parties to summit evidence as to
the just compensation for the land, within fifteen (15) days from the receipt
of the notice. After the expiration of the above period , the matter is deemed
submitted for decision. The DAR shall decide the case within thirty (30) days
after it is submitted for the decision.
(e) Upon receipt by the landowner of the corresponding payment or in case of
rejection or no response from the landowner, upon the deposit with an accessible
bank designated by the DAR of the compensation in cash or LBP bonds in accordance
with this Act, the DAR shall take immediate possession of the land and shall
request the proper Register of Deeds to issue a Transfer Certificate of Title
(TCT) in the name of the Republic of the Philippine. The DAR shall thereafter
proceed with the redistribution of the land to the qualified beneficiaries.
(f) Any party who disagrees with the decision may bring the matter to the court
of proper jurisdiction for final determination of just compensation.
CHAPTER VI
COMPENSATION
SEC. 17. Determination
of Just compensation .---In determining just compensation, the cost of
acquisition of the land, the current value of like properties, its nature, actual
used and income, the sworn valuation by the owner, the tax declarations, and
the assessment made by government assessors shall be considered. The social
and economic benefits contributed by the farmers and the farm workers and by
government to the property as well as the non-payment of taxes or loans secured
from any government financing institution on the said land shall be considered
as additional factors to determine its valuation.
SEC. 18. Valuation and mode of compensation
.---The LBP shall compensate the landowner in such amount as as may be agreed
upon by the landowner and the DAR and LBP or as may be finally determined by
the court as just compensation for the land.
The compensation
shall be paid in one of the following modes at the options of the landowner:
(1) Cash payment, under the following terms and conditions:
(a) For lands above fifty (50) hectares, insofar as the excess
hectarage is concerned --- Twenty-five percent (25%)
cash the balance to be paid in government financial instruments negotiable at
any time.
(b) For lands above twenty-four hectares and up to fifty (50) hectares
--Thirty percent (30%) cash the balance to be paid in government financial instruments
negotiable at any time.
(c) For lands twenty-four (24) hectares and below ---Thirty-five
percent (35%) cash the balance to be paid in government financial instruments
negotiable at any time.
(2) 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;
(3) Tax credits which can be used against any tax liability ;
(4) LBP bonds, which shall have the following features:
(a) Market interest rates aligned with 91-days treasury bill rates. Ten percent
(10%) of the face value of the bonds shall mature every year from the date of
issuance until the tenth (10th) year: Provided, That should the landowner choose
to forego the cash portion, whether in full or in part, he shall be paid correspondingly
in LBP bonds:
(b) Transferability and negotiability. Such LBP bonds may be used by the landowner,
his successors in interest or his assigns, up to the amount of their face value
for any of the following:
(i) Acquisition of land or other real properties of the government, including
assets under the Assets Privatization Program and other assets foreclosed by
government financial institution in the same province or region where the lands
for which the bonds were paid are situated ;
(ii) Acquisitions of shares of stock of government-owned or controlled corporations
or shares or stock owned by the government in private corporations;
(iii) Substitution for surety or bail bonds for the provisional release of accused
persons, or for performance bonds;
(iv) Security for loans with any government financial institution, provided
the proceeds of the loans shall be invested in an economic enterprise, preferably
in a small and medium -scale industry, in the same province or region as the
land for which the bonds are paid;
(v) Payment for various taxes and fees to government : Provided, That the use
of these bonds for these purposes will be limited to a certain percentage of
the outstanding balance of the financial instrument : Provided, further, That
the PARC shall determine the percentages mention above;
(vi) Payment for tuition fees of the immediate family of the original bondholder
in government universities, colleges, trade schools and other institutions;
(vii) Payment for fees of the immediate family of the original bondholder in
government hospitals; and
(viii) Such other uses as the PARC may from time to time to allow.
In case of extraordinary inflation, the PARC shall take appropriate measures
to protect the economy.
SEC. 19. Incentives for Voluntary offers for Sale.--Landowners, other
than banks and other financial institutions, who voluntarily offer their lands
for sale shall be entitled to an additional five percent (5%) cash payment.
SEC. 20.Voluntary Land Transfer.-- Land owners of agricultural lands
subject to acquisition under this Act may enter into a voluntary arrangement
for direct transfer of their lands to qualified beneficiaries subject to the
following guidelines :
(a) All notices for voluntary land transfer must be submitted to the DAR within
the first year of the implementation of the CARP. Negotiations between the landowners
and qualified beneficiaries covering any voluntary land transfer which remain
unresolved after one (1) year shall not be recognized and such land shall instead
be acquired by the government and transferred pursuant to this Act.
(b) The terms and conditions of such transfer shall not be less favorable to
the transferee than those of the government 's standing offer to purchase from
the landowner and to resell to the beneficiaries, if such offers have been made
and are fully known to both parties.
(c) The voluntary agreement shall include sanctions for non-compliance by either
party and shall be duly recorded and its implementation monitored by the DAR.
SEC. 21. Payment of compensation by Beneficiaries under voluntary
Land Transfer.--- Direct payment in cash or in kind may be made by the
farmer-beneficiary to the landowner under terms to be mutually agreed upon by
both parties, which shall be binding upon them, upon registration with and approval
by the DAR. Said approval shall be considered given, unless notice of disapproval
is received by the farmer-beneficiary within 30 days form the date of registration.
In the event they cannot agree on the price of land, the procedure for compulsory
acquisition as provided in Section 16 shall apply. The LBP shall extend financing
to the beneficiaries for purposes of acquiring the land.
CHAPTER VII
LAND REDISTRIBUTION
SEC. 22
Qualified Beneficiaries.---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 in the following order
of priority:
(a) agricultural lessees and share tenants ;
(b) regular farm workers ;
(c) seasonal farm workers ;
(d) other farm workers ;
(e) actual tillers or occupants of public lands;
(f) collective or cooperatives of the above beneficiaries ; and
(g) others directly working on the land.
Provided, however, That the children of landowners who are qualified under Section
6 of this Act shall be given preference in the distribution of the land of their
parents; And provided, further, that actual tenant -tillers in the landholding
shall not be ejected or removed therefrom.
Beneficiaries under Presidential Decree No. 27 who have culpably sold, disposed
of, or abandoned their land are disqualified to become beneficiaries under their
program.
A basic qualification of a beneficiary shall be his willingness, aptitude and
ability to cultivate and make land as productive as possible. The DAR shall
adopt a system of monitoring the record or performance of each beneficiary,
so that any beneficiary guilty of negligence or misuse of the land of any support
extended to him shall forfeit his right to continue as such beneficiary. The
DAR shall submit periodic reports on the performance of the beneficiaries to
the PARC.
If, due to landowner's retention rights or to the number of tenants, lessees,
or workers on the land, there is not enough land to accommodate any or some
of them, they may be granted ownership of other lands available for distribution
under this Act, at the option of the beneficiaries.
Farmers already in place and those not accommodated in the distribution of privately-owned
lands will be given preferential rights in the distribution of lands from the
public domain.
SEC. 28. Award to Beneficiaries.--- The rights and responsibilities
of the beneficiary shall commence from the time the DAR makes and award of the
land to him, which award shall be completed within one hundred eighty (189)
days from the time the DAR takes actual possession of the land. Ownership of
the beneficiary shall be evidenced by a Certificate of Land ownership Award,
which shall contain the restrictions and conditions provided for in this Act,
and shall be recorded in the Register of Deeds concerned and annotated on the
Certificate of Title.
SEC. 25. Award Ceilings for Beneficiaries.-- --Beneficiaries
shall be awarded an area not exceeding three (3) hectares, which may cover a
contiguous tract of land or several parcels of land cumulated up to the prescribed
award limits.
For purposes of this Act, a landless beneficiary is one who owns less than three
(3) hectares of agricultural land.
The beneficiaries may not collective ownership, such as co-workers or farmers
cooperative or some other form of collective organization: Provided, That the
total area that may be awarded shall not exceed the total number of co-workers
or members of the cooperative or collective organization multiplied by the award
limit above prescribed, except in meritorious cases as determined by the PARC.
Title to the property shall be issued in the name of the co-owners or the cooperative
or collective organization as the case may be.
SEC. 26. Payment by beneficiaries .---Lands
awarded pursuant to this Act shall be paid for by the beneficiaries to the LBP
in thirty (30) annual amortizations at six percent (6%) interest per annum.
The payments for the firs three (3) years after the award may be at reduced
amounts as established by the PARC : Provided, That the first five percent (5%)
of the value of the annual gross production as established by the DAR. Should
the scheduled annual payments after the fifth year exceed ten percent (10) of
the annual gross production and the failure to produce accordingly is not due
to the beneficiary's fault, the LBP may reduce the interest rate or reduce the
principal obligation to make the payment affordable.
The LBP shall have a lien by way of mortgage on the land awarded to beneficiary
; and this mortgage be foreclosed by the LBP for non-payment of an aggregate
of three (3) annual amortizations. The LBP shall advise the DAR of such proceedings
and the latter shall subsequently award the forfeited landholding to other qualified
beneficiaries. A beneficiary whose land, as provided herein, has been foreclosed
shall thereafter be permanently disqualified from becoming a beneficiary under
this ACT.
SEC. 27. Transferability of Awarded Lands. ---Lands acquired
by beneficiaries under this ACT may not be sold, transferred or conveyed except
through hereditary succession, or to the government, or to the LBP, or to other
qualified beneficiaries for a period of ten (10) years: Provided, however, That
the children or the spouse of the transferor shall have a right to repurchase
the land from the government or LBP within a period of two (2) years. Due notice
of the availability of the land shall be given by the LBP to the Barangay Agrarian
Reform Committee (BARC) of the barangay where the land is situated. The Provincial
Agrarian Coordinating Committee (PARCCOM), As herein provided, shall, in turn,
be given due notice thereof by the BARC.
If the land has not yet been fully paid by the beneficiary, the right to the
land may be transferred or conveyed, with prior approval of the DAR, to any
heir of the beneficiary or to any other beneficiary who, as a condition for
such transfer or conveyance, shall cultivate the land himself. Failing compliance
herewith, the land shall be transferred to the LBP which shall give due notice
of the availability of the land in the manner specified in the immediately preceding
paragraph.
In the event of such transfer to the LBP, the latter shall compensate the beneficiary
in one lump sum for the amounts the latter has already paid, together with the
value of improvements he has made on the land.
SEC. 28 . Standing Crops at the time of Acquisition. ---The
landowner shall retain his share of any standing crops unharvested at the time
the DAR shall take possession of the land under Section 16 of this Act, and
shall be given a reasonable time to harvest the same.
CHAPTER VIII
CORPORATE FARMS
SEC. 29.
Farms Owned or Operated by Corporations or Other Business Associations.
--- In the case of farms owned or operated by corporations or other business
associations, the following rules shall be observed by the PARC.
In general, lands shall be distributed directly to the individual worker-beneficiaries.
In case it is not economically feasible and sound to divide the land, then it
shall be owned collectively by the worker-beneficiaries who shall form a workers
cooperative or association which will deal with the corporation to business
association. Until a new agreement is entered into by and between the workers'
cooperative or association and the corporation or business association, any
agreement existing at the time this Act takes effect between the former and
the previous landowner shall be respected by both the workers cooperative or
association and the corporation or business association.
SEC. 30. Homelots and Farmlots for Members of Cooperatives.
---The individual members of the cooperatives or corporations mentioned in the
preceding section shall be provided with Homelots and small Farmlots for their
family use, to be taken from the land owned by the cooperative or corporation.
SEC. 31. Corporate Landowners. ---Corporate landowners may voluntarily
transfer ownership over their agricultural landholdings to the Republic of the
Philippines pursuant to Section 20 hereof or to qualified beneficiaries, under
such terms and conditions, consistent with this Act, as they may agree upon,
subject to confirmation by the DAR.
Upon certification by the DAR, corporations owning agricultural lands may give
their qualified beneficiaries the right to purchase such proportion of the capital
stock of the corporation that the agricultural land, actually devoted to agricultural
activities, bears in relation to the company's total assets, under such terms
and conditions as may be agreed upon by them. In no case shall the compensation
received by the workers at the time the shares of stocks are distributed be
reduced. the same principle shall be applied to associations, with respect to
their equity or participation.
Corporations or associations which voluntarily divest a proportion of their
capital stock, equity or participation in favor of their workers or other qualified
beneficiaries under this section shall be deemed to have complied with the provisions
of this Act : Provided, That the following condition are complied with :
a) In order to safeguard the right of beneficiaries who own shares of stocks
to dividends and other financial benefits, the books of the corporation or association
shall be subject to periodic audit by certified public accountants chosen by
the beneficiaries;
b) Irrespective of the value of their equity in the corporation or association,
the beneficiaries shall be assured of at least one (1) representative in the
board of directors, or in a management or executive committee, if one exists,
of the corporation or association;
c) Any shares acquired by such workers and beneficiaries shall have the same
rights and features as all other shares; and
d) Any transfer of shares of stocks by the original beneficiaries shall be void
ab- initio unless said transaction is in favor
of a qualified and registered beneficiary within the same corporation.
If within two (2) years from the approval of this Act, the land or stock transfer
envisioned above is not made or realized or the plan for such stock distribution
approved by the PARC within the same period, the agricultural land of the corporate
owners or corporation shall be subject to the compulsory coverage of this Act.
SEC. 32. Production-Sharing .---Pending final land transfer,
individuals or entities owning, or operating under lease or management contract,
agricultural lands are hereby mandated to execute a production-Sharing plan
with their farm workers or farm workers organization, if any, whereby three
percent (3%) of the gross sales from the production of such lands are distributed
within sixty (60) days of the end of the fiscal year as compensation to regular
and other farm workers in such lands over and above the compensation they currently
receive: Provided, That these individuals or entities realize gross sales in
excess of five million pesos per annum unless the DAR, upon proper application,
determines a lower ceiling.
In the event that the individual or entity realizes a profit, an additional
ten percent (10%) of the net profit after tax shall be distributed to said regular
and other farm workers within ninety days of the end of the fiscal year.
To forestal any disruption in the normal operation of lands to be turned over
to the farmworker-beneficiaries mentioned above, a transitory period, the length
of which shall be determined by the DAR, will be established.
During this transitory period, at least one percent (1%) of the gross sales
of the entity shall be distributed to the managerial, supervisory and technical
group in place at the time of the effectivity of this Act, as compensation for
such transitory managerial and technical function as it will perform, pursuant
to an agreement that the farmworker-beneficiaries and the managerial, supervisory
and technical group may conclude, subject to the approval of the DAR.
SEC. 33. Payment of shares of Cooperative or Association
.---Shares of a cooperative or association acquired by farmers-beneficiaries
or workers-beneficiaries shall be fully paid for in an amount corresponding
to the valuation as determined in the immediately succeeding section. The landowner
and the LBP shall assist the farmer-beneficiaries and worker-beneficiaries in
the payment for said shares by providing credit financing.
SEC. 34. valuation of Lands .---A valuation scheme for the
land shall be formulated by the PARC, taking into account the factors enumerated
in Section 17, in addition to the need to stimulate the growth of cooperatives
and the objective of fostering responsible participation of the workers-beneficiaries
in the creation of wealth.
In the determination of a price that is adjust not only to the individual but
to society as will, the PARC shall consult closely with the landowner and the
workers-beneficiaries.
In case of disagreement, the price determined by the PARC, if accepted by the
workers-beneficiaries, shall be followed, without prejudice to the landowner's
right to petition the Special Agrarian Court to resolve the issue or valuation.
CHAPTER IX
SUPPORT SERVICES
SEC. 35. Creation
of Support Services Office .---There is hereby created the Office of
Support Services under the DAR to be headed by an undersecretary.
The office shall provide general support and coordinative services in the implementation
of the program, particularly in carrying out the provisions of the following
services to farmer beneficiaries and affected landowners:
-
Irrigation facilities,
especially second crop or dry season irrigation facilities;
-
Infrastructure
development and public works projects in areas and settlement that cone under
agrarian reform, and for this purpose, the preparation of the physical development
plan of such settlements providing suitable barangay sites, potable water
and power resources, irrigation systems, seeds and seedling banks, post harvest
facilities, and other facilities for a sound agricultural development plan.
For the purpose of providing the aforecited infrastructure and facilities,
the DAR is authorized to enter into contracts with interested private parties
on long term basis or through joint-venture agreements or build-operate-transfer
scheme:
3) Government subsidies
for the use of irrigation facilities
-
Price support
and guarantee for all agricultural produced;
-
Extending to
small landowners, farmers and farmers' organizations the necessary credit,
like concessional and collateral-free loans, for agro-industrializaton based
on social collaterals like the guarantees of farmers' organizations;
-
Promoting, developing
and extending financial assistance to small and medium-scale industries in
agrarian reform areas;
-
Assigning sufficient
numbers of agricultural extension workers to farmers' organization ;
-
Undertake research,
development and dissemination of information on agrarian reform, plants and
crops best suited for cultivation and marketing, and low cost and ecologically
sound farm inputs and technologies to minimize reliance on expensive and imported
agricultural inputs;
-
Development
of cooperative management skills through intensive training ;
-
Assistance in
the identification of ready markets for agricultural produce and training
in the other various aspects of marketing;
-
conduct and
effective information dissemination system through the Departments of Agriculture
to to promote marketing and minimize spoilage of agricultural produce and
products;
-
Create a credit
guarantee fund for agricultural landowners that will enhance the collateral
value of agricultural lands that are affected or will be affected by coverage
under the agrarian reform program; and
-
Administration,
operation, management and funding of support services programs and projects
including pilot projects and models related to agrarian reform as developed
by the DAR. (As amended by R.A.7905)
SEC. 36. Funding
for Support Services. ---In order to cover the expenses and cost of support
, at least twenty-five percent (25%F) of all appropriations for agrarian reform
shall immediately set aside and made available for this purpose: Provided, That
for the next five (5) years, a minimum of one (1) Agrarian Reform community
(ARC) shall be established by the DAR, in coordination with the local government
units, non-governmental organizations and people organizations in each legislative
district with a predominant agricultural population: Provided, further
, That the areas in which the ARCs are to be established shall have been fully
subjected under this law.
For this purpose, an agrarian Reform Community shall be defined as a barangay
or a cluster of barangays primarily composed and managed by Agrarian Reform
Beneficiaries who shall be willing to be organized and undertake the integrated
development of an area and/or their organizations/cooperative. In each community,
the DAR, together with the agencies and organizations above mentioned, shall
identify the farmers association, cooperative or their respective federation
approved by the farmers-beneficiaries that shall take the lead in the agricultural
development of the area. In addition, the DAR shall be authorized to package
proposals and receive grants,aid and other forms of financial assistance from
any source. (As amended by R.A. 7905)
SEC. 37. Support-Services to the Beneficiaries .---The PARC
shall ensure that support services to farmer-beneficiaries are provided , such
as:
(a) Land surveys and titling ;
(b) Liberalized terms of credit facilities and production loans;
(C) Extension services by way of planting, cropping, production and post-harvest
technology transfer as well as marketing and management assistance and support
to cooperatives and farmer organization ;
(d) Infrastructure such as access trails, mini-dams, public utilities, marketing
and storage facilities ; and
(e) Research, production and use of organic fertilizers and other local substances
necessary to farming and cultivation.
The PARC shall formulate policies to ensure that support services to farmer-beneficiaries
shall be provided at all stages of land reform.
The Bagong kilusang kabuhayan sa Kaunlaran (BKK) Secretariat shall be transferred
and attached to the LBP, for its supervision, including all its applicable and
existing funds, personnel, properties, equipment and records.
Misuse or diversion of the financial and support services herein provided shall
result in sanction against the beneficiary guilty thereof, including the forfeiture
of the land transferred to him or lesser sanctions as may be provided by the
PARC, without prejudice to criminal prosecution.
SEC. 38. Support Services to Landowners .--- The PARC, with
the assistance of such other government agencies and instrumentalities as it
may direct, shall provide landowners affected by the CARP and proper agrarian
reform programs with the following services :
(a) Investment information, financial and counseling assistance ;
(b) Facilities programs and schemes for the conversion or exchange of bonds
issued for payment of the lands acquired with stocks and bonds issued by the
National Government, the central bank and other government institution and instrumentalities
;
(c) Marketing of LBP bonds, as well as promoting the marketability of said bonds
in traditional and non-traditional financial markets and stock exchanges;
(d) other services designed to utilize productivity the proceeds of the sale
of such lands for rural industrialization.
A landowner who invests in rural-based industries shall be entitled to the incentives
granted to a registered enterprise engaged in a pioneer or preferred area of
investment as provided for in the Omnibus Investment Code of 1987, or to such
other incentives as the PARC, the LBP, or other governmental financial institutions
may provide.
The LBP shall redeem a landowner's LBP bonds at face value, provided that the
proceeds thereof shall be invested in a BOI- registered company or in any agribusiness
or agro-industrial enterprise in the region where the landowner has previously
made investments, to the extent of thirty percent (30%) of the face value of
said LBP bonds, subject to guidelines that shall be issued by the LBP.
SEC. 39. Land Consolidation.-- --the DAR shall carry out
land consolidation projects to promote equal distribution of landholdings, to
provide the needed infrastructure in agriculture, and to conserve soil fertility
and prevent erosion.
CHAPTER X
SPECIAL AREAS OF CONCERN
SEC. 40. Special
Areas of Concern .---As an integral part of the Comprehensive Agrarian
Reform Program, the following principles in these special ares of concern shall
be observed;
(1) Subsistence Fishing -- small fisher folk, including seaweed farmers, shall
be assured of greater access to the utilization of water resources;
(2) Logging and Mining concessions.--- Subject to the requirement of a balance
ecology and conservation of water resources, suitable areas, as determined by
the Department of Environment and Natural Resources (DENR), in logging mining
and pasture areas, must be opened up for agrarian settlements whose beneficiaries
will be required to undertake reforestation and conversation products methods.
Subject to existing laws, rules and regulation,settler and members of tribal
communities must be allowed to enjoy and exploit the products of the forests
other than timber within the logging concessions.
(3) Sparsely Occupied Public Agricultural lands .-- Sparely Occupied agricultural
lands of the public domain will be surveyed . proclaimed and developed as farm
settlements for qualified landless people based on an organized program to ensure
their orderly and early development
Agricultural land allocations will be made for ideal family-sized farms as determined
by the PARC. Pioneers and other settlers will be treated equally in every respect.
Subject to the prior rights of qualified beneficiaries, uncultivated lands of
the public domain shall be made available on a lease basis to interested and
qualified parties. Parties who will engage i the development of capital-intensive,
traditional of pioneering crops will be given priority.
The lease period, which shall not be more than a total of fifty (50) years,
shall be proportionate to the amount of investment and production goals of the
lessee. A system of evaluation and audit will be instituted.
(4) Idle, abandoned, foreclosed and sequestered lands. -- Idle, abandoned, foreclosed
and sequestered lands shall be Planned for distribution as home lots and family-sized
farm lots to actual occupants. If land area permits, other landless families
will be accommodated in these lands.
(5) Rural Women --- all qualified women members of the agricultural labor force
must be guaranteed and assured equal rights to ownership of the land, equal
shares of the farm's produce, and representation in advisory or appropriate
decision-making bodies.
(6) Veterans and Retirees.---In accordance with
Section
7 of Article xvi of the Constitution, landless war veterans and veterans
of military campaigns, their surviving spouse and orphans, retirees of the Armed
Forces of the Philippines (AFP) and the Integrated National Police (INP), returnees,
surrenderies, and similar beneficiaries shall be given due consideration in
the disposition of agricultural lands of the public domain.
(7) Agriculture Graduates.--Graduates of agricultural schools who are landless
shall be assisted by the government, through the DAR, in their desire to own
and till agricultural lands.
CHAPTER XI
PROGRAM IMPLEMENT
SEC. 41. The
presidential Agrarian Reform Council. --The presidential Agrarian Reform
Council (PARC) shall be composed of the President of the Philippines as Chairman,
the secretary of Agrarian reform as Vice-chairman and the following as members
: Secretaries of the Departments of Agriculture, Environment and Natural Resources;
Budget and management ; Local Government ; Public Works and High- ways ; Trade
and Industry ; Finance ; Labor and Employment ; Director-General of the National
Economic and Development Authority ; President, Land Bank of the Philippines;
Administrator, National Irrigation Administration ; and Three (3) representatives
of affected landowners to represent Luzon, Visayas and Mindanao Provided that
one of them shall be from the cultural communities.
SEC. 42. Executive Committee .--There shall be an Executive
Committee (EXCOM) of the PARC composed of the secretary of the DAR as Chairman,
and such other members as the president may designate, taking into account
Article
XIII, Section 5 of the Constitution. Unless otherwise directed by the PARC,
the EXCOM may meet and decide on any and all matters in between meetings of
the PARC: Provided, however, That its decisions must be reported to the PARC
immediately and not later than the next meeting.
SEC. 43. Secretariat . .---A PARC Secretariat
is hereby established to provide general support and coordinative services such
as inter-agency linkages; program and project appraisal and evaluation and general
operations monitoring for the PARC.
The Secretariat shall be headed by the secretary of Agrarian Reform who shall
be assisted by an Undersecretary and supported by a staff whose composition
shall be determined by the PARC Executive Committee and whose compensation shall
be chargeable against the Agrarian Reform Fund. All officers and employees of
the Secretariat shall be appointed by the Secretary of Agrarian Reform.
SEC. 44. Provincial Agrarian Reform Coordinating Committee
(PARCCOM).-- A Provincial Agrarian Reform Coordinating Committee is hereby created
in each province, composed of a Chairman, who shall be appointed by the President
upon the recommendation of the EXCOM, the Provincial Agrarian Reform Officer
as Executive Officer, and one (1) representative each from the Department of
Agriculture,and Environment and Natural Resources and from the LBP, one (1)
representative each from existing farmers' organizations, agricultural cooperatives
and non-governmental organizations in the province; two (2) representative from
landowners at least one (1) of whom shall be a producer representing the principal
crop of the province, and two (2) representatives from farmer and farm worker
or beneficiaries, at least one (1) of whom shall be a farmer or farm worker
representing the principal crop of the province, as members: Provided
, That in areas where there are culture communities, the latter shall likewise
have one (1) representative.
The PARCCOM shall coordinate and monitor the implementation of the CARP in the
province. It shall provide information on the provisions of the CARP, guidelines
issued by the PARC and on the progress of the CARP if the province; in addition,
it shall:
a) Recommendation to the PARC the following :
-
Market price
to be used in the determination of the profit sharing obligation of agricultural
entities in the province;
-
Adoption of
the direct payment scheme between the landowner and the farmer and /or farm-worker
beneficiary: Provided , that the amount and terms of payment
are not more burden-some to the agrarian reform beneficiary than under the
compulsory coverage provision of the CARL: Provided , further,
That the agrarian reform beneficiary agrees to the amount and the terms
of payment : Provided furthermore , That the DAR shall act as
mediator in cases of disagreement between the landowner and the farmer and
/or farm worker beneficiary : provided, finally, That the farmer
and / or farmer beneficiary shall be eligible to borrow from the LBP an amount
equal to eighty-five percent (85%) of the selling price of the land that they
have acquired;
-
Continuous processing
of applications for lease back arrangements, joint-venture agreements and
other schemes that will optimize the operating size for agriculture production
and also promote both security of tenure and security of income to farmer
beneficiaries: Provided, That lease back arrangements should
be the last resort . (As amended by R.A. 7905)
SEC. 45
Province-by-province Implementation. -- The PARC shall provide
the guidelines for the province-by-province implementation of the CARP, taking
into account peculiarities and needs of each place, kind of crops needed or
suited, land distribution workload , beneficiaries development activities and
other factors prevalent or obtaining in the area. In all cases, the implementing
agencies at the provincial level shall promote the development of identified
ARCs without neglecting the needs and problems of other beneficiaries. The ten
year program of distribution of public and private land in each province shall
be adjusted from year to year by the province's PARCCOM in accordance with the
level of operations previously established by the PARC, in every case ensuring
that support services are available or have been programmed before actual distribution
is effected. (As amended by R.A 7905)
SEC. 46 . Barangay Agrarian Reform Committee (BARC). --Unless
otherwise provided in this Act, the provisions of Executive Order No. 229 regarding
the organization of the Barangay Agrarian Reform Committee (BARC) shall be affect.
SEC. 47. Function of the BARC.---In addition to those provided
in Executive No.229 the BARC shall have the following function;
(a) Mediate and conciliate between parties involved in an agrarian dispute including
matters related to tenurial and financial arrangements;
(b) Assist in the identification of qualified beneficiaries and landowners within
the barangay ;
(c) Attest to the accuracy of the initial parcellary mapping of the beneficiary's
tillage;
(d) Assist qualified beneficiaries in obtaining credit from lending institutions;
(e) Assist in the initial determination of the value of the land ;
(f) Assist the DAR representative in the preparation of periodic reports on
the CARP implementation for submission;
(g) Coordinate the delivery of support services to beneficiaries ; and
(h) Perform such other functions as may be assigned by the DAR .
(2) The BARC shall endeavor to mediate, conciliate and settle agrarian disputes
lodged before it within thirty (30) days from its taking cognizance thereof.
If after the lapse of the thirty day period, it is unable to settle the dispute,
it shall issue a certification of its proceedings and shall furnish a copy thereof
upon the parties within seven (7) days the expiration of the thirty days period.
SEC. 48. Legal Assistance .---The BARC or any member thereof
may, whenever necessary in the exercise of any of its functions hereunder, seek
the legal assistance of the DAR and the Provincial, city , or municipal government
.
SEC. 49. Rules and regulations .---The PARC and the DAR
shall have the power to issue rules and regulations, whether substantive or
procedural, to carry out the objects and purposes of this Act. Said rules shall
take effect ten (10) days after publication in two (2) national newspapers of
general circulation.
CHAPTER XII
ADMINISTRATIVE ADJUDICATION
SEC. 50. Quasi-judicial
Powers of the DAR.---The DAR is hereby vested within primary jurisdiction
to determine and adjudicate agrarian reform matters and shall have exclusive
original jurisdiction over all matters involving the implementation of agrarian
reform, except those falling under the exclusive jurisdiction of the Department
of Agricultural (DA) and the Department of Environment and Natural Resources
(DENR).
It shall not be bound by technical rules of procedure and evidence but shall
proceed to hear and decide all cases, disputes or controversies in a most expeditious
manner, employing all reasonable means to ascertain the facts of every case
in accordance with and equity and the merits of the case. Toward this end, it
shall adopt a uniform rule of procedure to achieve a just, expeditious and inexpensive
determination of every action or proceeding before it.
It shall have the power to summon witnesses, administer oaths, take testimony,
require submission of reports, compel the production of books and documents
and answers to interrogatories and issue subpoena, and subpoena
dupes Tacoma and to enforce its writs through sheriffs or other
duly deputized officers. It shall likewise have the power to punish direct and
indirect contempt in the same manner and subject to the same penalties as provided
in the Rules or Court .
Responsibilities farmer leaders shall be allowed to represent themselves, their
fellow farmers or their organizations in any proceedings before the DAR; Provided,
however, that when there are two or more representatives for any individual
or group, the representatives should choose only one among themselves to represent
such party or group before any DAR proceedings.
Notwithstanding an appeal to the court of Appeals, the decision of the DAR shall
be immediately executory.
SEC.51. Finality of Determination .---Any case or controversy
before it shall be decided within thirty (30) days after it is submitted for
resolution. Only one (1) motion for consideration shall be allowed. Any order,
ruling or decision shall be final after the lapse of fifteen (15) days from
receipt of a copy thereof.
SEC. 52. Frivolous Appeals .---To discourage
frivolous or dilatory appeals from the decisions or orders on the local or provincial
levels, the DAR may impose reasonable penalties, including but not limited to
fines or censures upon erring parties.
SEC. 53 Certification of BARC.---The DAR shall not take
cognizance of any agrarian dispute or controversy unless a certification from
the BARC that the dispute has been submitted or it for mediation and conciliation
without any success of settlement is presented, provided, whoever, that if no
certification is issued by the BARC within thirty (30) days after a matter or
issue is submitted to it for mediation or conciliation the case or dispute may
be brought before PARC.
CHAPTER XIII
JUDICIAL REVIEW
SEC. 54.
Certiorari.--- Any decision, order, award or ruling of the DAR on any
agrarian dispute or on any matter pertaining or the application, implementation,
enforcement, or interpretation of this Act and other pertinent laws on agrarian
reform may be brought to the Court of Appeals by certiorari except as otherwise
provided in this Act within fifteen (15) days from receipt of a copy thereof.
The findings of fact of the DAR shall be final and conclusive if based on substantial
evidence.
SEC . 55. No Restraining Order or Preliminary Injunction
.---No court in the Philippines shall have jurisdiction to issue any restraining
order or writ of preliminary injunction against PARC or any of its duly authorized
or designated agencies in any case, dispute or controversy arising from, necessary
to, or in connection with the application, implementation, enforcement, or interpretation
of this Act and other pertinent laws on agrarian reform.
SEC. 56. Special Agrarian Court.--- The supreme Court shall
designate at least one (1) branch of the Regional Trial Court (RTC) within each
province to act as a special Agrarian Court.
The Supreme Court may designate more branches to constitution such additional
Special Agrarian Courts as may be necessary to cope with the number of agrarian
cases in each province, In the designation, the supreme court shall give preference
to the Regional Trial Courts which have been assigned to handle agrarian cases
or whose presiding judged were former judges of the defunct Court of Agrarian
Relations.
The Regional Trial Court (RTC) judges assigned to said courts shall exercise
said special jurisdiction in addition to the regular jurisdiction of their respective
courts.
The Special Agrarian Courts shall have the power, and prerogatives inherent
in or belonging to the Regional Trial Courts.
SEC. 57. Special Jurisdiction . ---The Special Agrarian
Courts shall have original and exclusive jurisdiction over all petitions for
the determination of just compensation to landowners, and the prosecution of
all criminal offenses under this Act. The Rules of Court shall apply to all
proceedings before the Special Agrarian Courts unless modified by this Act.
The Special Agrarian Courts shall decide all appropriate cases under their special
jurisdiction within thirty (30) days from submission of the case for decision.
SEC. 58. Appointment of Commissioners.--- The
Special Agrarian Courts, upon their own initiative or at the instance of any
of the parties, may appoint one or more commissioners to examine, investigate
and ascertain facts relevant to the dispute, including the valuation of properties,
and to file a written report thereof with the court.
SEC. 59. Orders of the Special Agrarian Courts. ---No order
of the Special Agrarian Courts on any issue, question,matter of incident raised
before them shall be elevated to the appellate courts until the hearing shall
have been terminated and the case decided on the merits.
SEC. 60. Appeals .- ---An appeal may be taken from the decision
of the Special Agrarian Courts by filling a petition for review with the Court
of Appeals fifteen (15) days from receipt of notice of the decision ; otherwise
, the decision shall become final.
An appeal from the decision of the Court of Appeals, or from any order, ruling
or decision of DAR, as the case may be by petition for review with the Supreme
Court within a non-extendible period of fifteen (15) days from receipt of a
copy of said decision.
SEC. 61. Procedure on Review.--- Review by the court of
Appeals or the Supreme court, as the case may be, shall be governed by the Rules
of Court. The Court of Appeals however, may the parties to file simultaneous
memoranda within a period of fifteen (15) days from notice, after which the
case is deemed submitted for decision.
SEC. 62. Preferential Attention in Courts.--- All courts
in the Philippines, both trial and appellate, are hereby enjoined to give preferential
attention to all cases arising from or in connection with the implementation
of the provisions of this Act.
All cases Pending in court arising from or in connection with the implementation
of this Act shall continue to be heard, tried and decided into their finality,
notwithstanding the expiration of the ten-year period mentioned in
Section
5 hereof.
CHAPTER XIV
FINANCING
SEC. 63.
Funding Source.--- The initial amount needed to implement this
Act for the period of ten (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 as and when need
to augment the Agrarian Reform Fund in order to fully implement the provisions
of this Act.
Sources or funding or appropriations shall include the following :
a) Proceeds of the sales of the Assets Privatization Trust ;
b) All receipts from assets recovered and from sales of ill-gotten wealth recovered
through the Presidential Commission on Good Government ;
c) Proceeds of the disposition of the properties of the Government in foreign
;
d) Portion of amounts accruing to the Philippines from all sources or official
foreign aid grants and concessional financing from all countries, to be used
for the specific purposes of financing production credits, infrastructures,
and other support services required by this Act .
e) Other government funds not otherwise appropriated.
All funds appropriated to implement the provisions of this Act shall be considered
continuing appropriations during the period of its implementation.
SEC. 64. Financial intermediary for the CARP.---The
Land Bank of the Philippines shall be the financial intermediary for the CARP,
and shall insure that the social justice objectives of the CARP shall enjoy
a Preference among its priorities.
CHAPTER XV
GENERAL PROVISION
SEC. 65.
Conversion of Lands .--- After the lapse of 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 purposes, the DAR,
upon application or the beneficiary or the landowner, with due notice to the
affected parties, and subject to existing laws, may authorize the reclassification
or conversion of the land and its disposition: Provided, That the beneficiary
shall have fully paid his obligation.
SEC. 65-A Conversion into fishpond and Prawn farms.--- No
conversion of public agricultural lands into fishponds and prawn farms shall
be made except in situations where the provincial government with the concurrence
of the Bureau of Fisheries and Aquatic Resources (BFAR) declares a coastal zone
as suitable for fishpond development. In such case, the Department of Environment
and Natural Resources (DENR) shall allow the lease and development of such areas:
Provided, That the declaration shall not apply to environmentally
critical projects and areas as contained in title (A) sub-paragraph two, (B-5)
and (C) and title (B), number eleven (11) of Proclamation No. 2146, entitled
"Proclaiming Certain Areas and types of Projects as Environmentally Critical
and within the the Scope of the Environmental Impact Statement (EIS) System
established under Presidential Decree No. 1586," to
ensure the protection of river systems, aquifers aquifers and mangrove vegetations
from pollution and environmental degradation: Provided, further,
That the approval shall be in accordance with a set of guidelines to be drawn
up and promulgated by the DAR and the BFAR: Provided, Furthermore,
That small-farmer cooperatives and organizations shall be given preference in
the award of the Fishpond Lease Agreements (FLAs).
No conversation of more than five (5) hectares of private lands to fishponds
and prawn farms shall be allowed after the passage of this Act, except when
the use of the land is more economically feasible and sound for fishpond and
/ or prawn farm, as certified by the Bureau of Fisheries and Aquatic Resources
(BFAR) , and a simple and absolute majority of the regular farm workers or tenants
agree to the conversion, the Department of Agrarian Reform, may approve applications
for change in the use of the land : Provided, Finally, That no
piecemeal conversion to circumvent the provisions of this Act shall be allowed.
In these cases where the change of use is approved, the provisions of Section
32-A hereof on incentives shall apply. (As added by R.A. 7881)
SEC. 56-B. Inventory. ---within one (1) year from the effectivity
of this Act, the BFAR shall undertake and finish an inventory of all government
and private fishponds and prawn farms and undertake a program to promote the
sustainable management and utilization of prawn farms and fishponds. No lease
under Section 65- A hereof may granted until after the completion of the said
inventory.
The sustainable management and utilization of prawn farms and fishponds shall
be in accordance with the efflue standards, pollution charges and other pollution
controls measures such as, but not limited to, the quantity of fertilizers,
pesticides and other chemical used, that may be established to the Fertilizer
and pesticide Authority (FPA), the Environment Management Bureau (EMB), and
other appropriate government regulatory bodies, and existing regulations governing
water utilization, primarily Presidential Decree No. 1067, entitled "A Decree
Instituting a Water Code, Thereby Revising and Consolidating the Laws Governing
the Ownership Appropriation, Utilization, Exploitation , Development Conservation
and Protection of Water Resources." (As added by R.A. 7881)
SEC. 65-C. Protection of Mangrove Areas.--- It * existing
Fishpond Lease Agreement (FlAs) and those that will be issued after the effectivity
of this Act, a portion of the fishpond area fronting the sea, sufficient to
protect the environment, shall be established as a buffer zone and be Planted
to specified mangrove species to be determined in consultation with the regional
office of the DENR. The Secretary of Environmental and Natural Resources shall
provided the penalties for any violation of this undertaking as well as the
rules for its implementation. (As added by R.A.7881)
SEC. 65-D. Change of Crops. ---The change of
crops to commercial crops or high value crops shall not be considered as a conversion
in the use or nature of the land. The change in crop should however, not prejudice
the rights of tenants or leaseholders should there be any and the consent of
a simple and absolute majority of the affected farm workers, if any, shall first
be obtained. (As added by R.A. 7881)
SEC. 66. Exemptions from Taxes and Fees of land Transfers .---
Transactions under this Act involving a transfer of ownership, whether
form natural or juridical persons, shall be exempted form taxes arising from
capital gains. These transactions shall also be exempted from the payment of
registration fees, and all other taxes and fees for the conveyance or transfer
thereof ; Provided, That all arranges in real property taxes, without penalty
or interest, shall be deductible from the compensation to which the owner may
be entitled.
SEC. 67. Free Registration of Patents and Titles.--- All
registers of Deeds are hereby directed to register, free from payment of all
fees and other charges, patents, titles and documents required for the implementation
of the CARP.
SEC. 68. Immunity of Government Agencies from Undue Interference.---
No injunction, restraining order, prohibition or mandamus shall be issued
by the lower courts against the Departments of Agrarian Reform (DAR),
Department of Agriculture (DA) the Department of Environment and Natural Resources
(DENR), and the Department of Justice (DOJ) in their implementation of the Program.
SEC. 69. Assistance of Other Government Entities.--- The
PARC, in the exercise of its functions, is hereby authorized to call upon the
assistance and support of other government Agencies, bureaus and offices, including
government-owned and controlled corporations.
SEC. 70. Disposition of Private Agricultural Lands.--- The
sale or disposition of agricultural lands retained by a landowner as a consequence
of Section 6 hereof shall be valid as long as the total
landholdings that shall be owned by the transferee thereof inclusive of the
land to be acquired shall not exceed the landholdings ceilings provided for
in this Act>
Any sale or disposition of agricultural lands after the effectivity of this
Act found to be contrary to the provision hereof shall be null and void.
Transferees of agricultural lands shall furnish the appropriate Register of
Deeds and the BARC an affidavit attesting that his total landholdings as a result
of the said acquisition do not exceed the landholding ceiling. The Register
of Deeds shall not register the transfer of any agricultural land without the
submission of this sworn statement together with proof of service of a copy
thereof to the BARC.
SEC. 71. Bank Mortgages.- --Banks and other financial institutions
allowed by law to hold mortgage rights or security interests in agricultural
lands to secure loans and other obligations of borrowers, may acquire title
to these mortgaged properties, regardless of area, subject to existing laws
on compulsory transfer of foreclosed assets and acquisition as prescribed under
Section 16 of this Act.
SEC. 72 . Leases, Management, Grower or Services Contracts, Mortgages
and other Claims.--- Lands covered by this Act under lease, management,
grower or service contracts, and the like shall be disposed of as follows:
(a) Lease, management , grower or service contracts covering private lands may
continue under their original terms and conditions until the expiration of the
same even if such land has, in the meantime, been transferred to qualified beneficiaries.
(b) Mortgages and other claims registered with the register of Deeds will be
assumed by the government up to an amount equivalents to the landowner's compensation
value as provided in this Act.
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.
(b) The forcible entry or illegal detianer by persons who are not qualified
beneficiaries under this Act to avail themselves of the rights and benefits
of the Agrarian Reform Program;
(c) the conversion by any landowner of his agricultural land into non-agricultural
use with intent to avoid the application of this Act to his landholdings and
to dispossess his tenant farmers or the land tilled by them ;
(d) The willful prevention or obstruction by any person, association or entity
of the implementation of the CARP.
(e) The sale, transfer , conveyance or change of the nature of lands outside
of urban centers and city limits either in whole or in part after the effectivity
of this Act. The date of the registration of the deed of conveyance in the Register
of Deeds with respect to titled lands and the date of the issuance of the tax
declaration to the transferee of the property with respect to unregistered lands,
as the case may be shall be conclusive for the purpose of this Act.
(f) The sale, Transfer or conveyance by a beneficiary of the right to use or
any other usufructuary right over the land he acquired by virtue of being a
beneficiary, in order to circumvent the provisions of this Act.
SEC. 73-A. Exception . -- The provisions of Section 73, paragraph
(E ), to the contrary notwithstanding, the sale and / or transfer of agricultural
land in cases where such sale, transfer or conveyance is made necessary as a
result of a bank's foreclosed of the mortgaged land is hereby permitted. ( As
added by R.A. 7881)
SEC. 74 . Penalties . ---Any person who knowingly or willfully
violates the provisions of this Act shall shall be punished by imprisonment
of not less than one (1) month to not more than three (3) years or a fine of
not less than (P 1,000.00) and not more than fifteen thousand pesos (P 15,000.00),
or both, at the discretion of the court.
If the offender is a corporation or association, the officer responsible therefor
shall be criminally liable
SEC. 75. Suppletory Application of Existing Legislation .--- The
provisions of Republic Act Number 3844 as amended, Presidential Decree Number
27 and 266 as amended , Executive Order Number 228 and 229, both Series of 1987;
and other laws not inconsistent with this Act shall have suppletory effect.
SEC. 76. Repealing Clause. ---Section 35 Republic Act Number
3844, Presidential Decree Number 316, the last two paragraphs of Section 12
of Presidential Decree Number 1038, and all, other laws, decrees , executive
orders, rules and regulations, issuances or parts thereof inconsistent with
this Act are hereby repealed or amended accordingly.
SEC. 77. Separability Clause.--- If, for any reason, any section
or Provision of this Act is declared null and void, no other section, provision
or part thereof shall be affected and the same shall remain in full force and
effect.
SEC. 78. Effectivity Clause. --- This Act Shall
take effect immediately after publication in at least two (2) national newspapers
of general circulation.*
*This Act (R.A. 6657) was signed by President Aquino on June 10, 1988.
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