Sei sulla pagina 1di 8

RA 6657: Comprehensive Agrarian Reform Law of 1988

Sec. 26. PAYMENT BY BENEFICIARIES PROTECTION TO THE OTHER HEIR OF THE BENEFICIARY
IF THE LAND HAS NOT BEEN DULY PAID BY HE
Thirty (30) annual amortizations at 6% interest per
BENEFICIARY:
annum, subject to the following restrictions:
The rights to the land may be transferred or
1. The first 5 annual payments may not be more
conveyed, with prior approval of the DAR, to any heir of
than 5% of the value of the annual gross
the beneficiary or to any other beneficiary who SHALL
production as established by the DAR.
cultivate the land himself. Failing compliance herewith,
2. If the scheduled annual payments after the fifth
the land shall be transferred to the LBP which shall give
year exceed 10% of the annual gross production
due notice of the availability of the land.
and the failure to produce accordingly is not
due to the beneficiary’s fault, the LBP may:  ARE SQUATTERS QUALIFIED TO BECOME CARP
a. Reduce the interest rate OR reduce the BENEFICIARIES?
principal obligation to make the ANS: NO. Squatters are disqualified from becoming
repayment affordable. CARP beneficiaries because they are guilty of
forcible entry, or illegal detainer, which are
LBP’s PROTECTION IN THE MEANTIME IF FULL
prohibited acts. They may not claim rights to
PAYMENT IS NOT YET MADE:
properties as landless peasants under the umbrella
1. The LBP shall have a lien by way of mortgage of CARP.
on the land awarded to the beneficiary;  CAN A LANDOWNER CHOOSE HIS BENEFICIARIES?
2. This mortgage may be foreclosed by the LBP ANS: A land owner has NO right to select his
for nonpayment of an aggregate of 3 annual beneficiaries. Land acquisition and land distribution
amortizations. are 2 different transactions. It is the government
o The LBP shall advise the DAR of such which buys the land from the land owner and then
proceedings and the latter shall sells it to the beneficiaries. It is not a direct
subsequently award the forfeited transaction between the landowner and the
landholding to other qualified beneficiaries. The beneficiaries must qualify under
beneficiaries. the law, and it is still the MARO and the BARC who
3. A beneficiary whose land has been foreclosed do the screening.
shall be permanently disqualified from
becoming a beneficiary under this Act.
SEC. 28 STANDING CROPS AT THE TIME OF
SEC. 27. TRANSFERABILITY OF AWARDED LANDS ACQUISITION.

General Rule: Lands acquired by the beneficiaries may The landowner shall retain his share of any standing
not be sold, transferred or conveyed. crops unharvested at the time the DAR shall take
possession of the land under Section 16 of this Act, and
Exceptions: shall be given a reasonable time to harvest the same.
a. Through hereditary succession SEC. 29 FARMS OWNED OR OPERATED BY
b. To the government or the LBP CORPORATIONS OR OTHER BUSINESS ASSOCIATIONS
c. To other qualified beneficiaries for a period of
10 years. GUIDELINES:
 Provided that the children or the spouse of the
1. In general, lands shall be distributed directly to
transferor shall have a right to repurchase the land
the individual worker beneficiaries.
from the government or LBP within 2 years.
2. If it is not economically feasible and sound to
divide the land, it shall be owned collectively by

1
RA 6657: Comprehensive Agrarian Reform Law of 1988

the workers beneficiaries, who shall form a SEC. 32. PRODUCTION SHARING
workers’ cooperative.
REQUIREMENTS BEFORE FINAL LAND TRANSFER

Person owning or operating by virtue of a lease or


management contract shall execute a production
SEC. 30 HOMELOTS AND FARMLOTS FOR MEMBERS OF
sharing plan with their farmworkers or farmworkers’
COOPERATIVES
organization, if any.
The individual members of the cooperatives or
What should be contained in the production sharing
corporations mentioned in the preceding section shall
plan?
be provided with homelots and small farm lots for their
family use, to be taken from the land owned by the 3% of the gross sales from production of such lands are
cooperative or corporation. distributed within sixty (60) days of the end of the fiscal
year as compensation to regular and other farmworkers
SEC. 31. CORPORATE LANDOWNERS
in such lands over and above their current
Two (2) options to corporations owning agricultural compensation.
lands:
 This rule, however, is not absolute and applies only
1. They may voluntarily transfer ownership of for those whose gross sales exceed P5M per annum,
their landholdings to the Republic of the unless the DAR, upon proper application,
Philippines; or determines low ceiling.
2. They may give their qualified beneficiaries the
Can the 3% subject of distribution be increased?
right to repurchase such proportion of the
capital stock of the corporation that the Yes. If the individual or entity realizes a profit, AN
agricultural land actually devoted to agricultural ADDITIONAL 1% OF THE NET PROFIT AFTER TAX shall be
activities, bears in relation to the company’s distributed to said regular and farmworkers within 90
total assets under such terms and conditions as days of the end of the fiscal year.
may be agreed upon by them.
PENDING TURN-OVER TO THE FARMWORKER-
RESTRICTIONS IF OPTION 2 IS CHOSEN: BENEFICIARIES, DAR MAY DETERMINE A TRANSITORY
PERIOD.
a. The books of the corporation or association
shall be subject to periodic credit by What happens during the transitory period?
certified accountants chosen by the
beneficiaries; At least 1% of the gross sales of the entity shall
b. The beneficiaries shall have one (1) be distributed to the managerial supervisory and
representative in the Board of Directors; technical group in place at the time of the effectivity of
c. The beneficiaries shall have the same rights RA 6657.
as other shareholders; What will be the use of 1%?
d. Transfer of shares of stock of the original
beneficiaries shall be void ab initio unless It shall serve as compensation to transitory
said transaction is in form of a qualified managerial and technical functions being performed or
beneficiary. to be performed by said group.
 WHAT IS THE CONSEQUENCE IF THE STOCK SEC. 33. PAYMENT OF SHARES OF COOPERATIVE OR
DISTRIBUTION IS NOT MADE OR REALIZED? ASSOCIATION
ANS: The agricultural land of the corporate owners
or corporation shall be subject of compulsory Shares of a cooperative or association acquired by
coverage of RA 6657. farmers-beneficiaries or workers-beneficiaries shall
2
RA 6657: Comprehensive Agrarian Reform Law of 1988

be fully paid for in an amount corresponding to the FUNDING SET ASIDE FOR SUPPORT SERVICES
valuation as determined in the immediately
1. 25% of all appropriations for agrarian reform
succeeding section. The landowner and the LBP
shall be immediately set aside and made
shall assist the farmers-beneficiaries and workers-
available for this purpose
beneficiaries in the payment for said shares by
2. Any other financial assistance from any source.
providing credit financing.

SEC. 34. VALUATION OF LANDS


SEC. 37 SUPPORT SERVICES TO THE BENEFICIARIES
A valuation scheme for the land shall be formulated by
The PARC shall:
the PARC, taking into account the factors enumerated in
Section 17, in addition to the need to stimulate the 1. Ensure that support services to farmer
growth of cooperatives and the objective of fostering beneficiaries are provided, such as:
responsible participation of the workers-beneficiaries in a. Land surveys and titling
the creation of wealth. b. Liberalized credit facilities
c. Extension services
In the determination of price that is just not only to the
d. Infrastructure specified in Section 37(d)
individuals but to society as well, the PARC shall consult
2. Formulate policies to ensure that support
closely with the landowner and the workers-
services to farmer-beneficiaries shall be
beneficiaries.
provided at all stages of land reform.
In case of disagreement, the price as determined by the
SANCTIONS FOR MISUSE OR DIVERSION OF
PARC, if accepted by the workers-beneficiaries, shall be
FINANCIAL AND SUPPORT SERVICES:
followed, without prejudice to the landowner's right to
petition the Special Agrarian Court to resolve the issue It shall result in sanctions against the guilty
of valuation. beneficiary, including the forfeiture of the land
transferred to him or lesser sanctions as may be
SEC. 35. CREATION OF SUPPORT SERVICES
provided by the PARC, without prejudice to criminal
 Office of Support Services under the Dar is hereby prosecution.
created under the DAR to be headed by an
SEC. 38. SUPPORT SERVICES TO LANDOWNERS
Undersecretary. The Office shall provide general
support in carrying out the provisions of the The PARC shall provide landowners affected by
following services to farmer-beneficiaries and CARP and prior agrarian reform program with the
affected landowners: following services:
a. Irrigation facilities
b. Infrastructure development a. Investment information
c. Government subsidies b. Facilities, programs and scheme for the
d. Price support conversion or exchange of bonds
e. Credit c. Marketing of LBP bonds
f. Financial assistance d. Other services designed to utilize
g. Agricultural extension workers productivity the proceeds of the sale of such
h. Research lands for rural industrialization.
i. Development of cooperative management OTHER INCENTIVES/BENEFITS TO LANDOWNERS:
skills
j. Assistance in marketing a. INCENTIVE – If a landowner invests in rural-
k. Administration of support services based industries, he shall be entitled to the
incentives granted to a registered enterprise
SEC. 36. FUNDINGS FOR SUPPORT SERVICES
3
RA 6657: Comprehensive Agrarian Reform Law of 1988

engaged in a pioneer or preferred area of - The lease period which shall not be more
investment as provided in the Omnibus than a total of 50yrs shall be proportionate
Investment Code of 1987. to the amount of investment and
b. BENEFIT – The LBP shall redeem a landowner’s production goals of the lessee.
LBP bonds at face value, provided that the d. Idle, abandoned, foreclosed sequestered
proceeds thereof shall be invested in a BOI- lands – they shall be planned for distribution
registered company or in any agri-business or as homelots and family-size farmlots to
agro-industrial enterprise, to the extent of 30% actual occupants.
of the face value of the sad LBP bonds. - If land area permits, other landless families
shall be accommodated in these lands.
SEC. 39 LAND CONSOLIDATION
e. Rural women – They shall have equal rights
PURPOSES OF LAND CONSOLIDATION: to ownership of the land, equal share so the
farm’s produce and representation in
1. To promote equal distribution of landholdings advisory or appropriate decision-making
2. To provide the needed infrastructures in bodies.
agriculture f. Veterans and retirees – If landless, they shall
3. To conserve soil fertility and prevent erosion. be given due consideration in the disposition
SEC. 40 SPECIAL AREAS OF CONCERN of agricultural lands of the public domain.
g. Agricultural graduates – If landless, they
SPECIAL AREAS OF CONCERN THAT ARE shall be assisted by the government, thru
CONSIDERED AS INTEGRAL PART OF CARP: DAR, in their desire to own and till
a. Subsistence fishing – they shall be assured agricultural lands.
greater access to the utilization of water SECS. 41-43 – provide for the composition and structure
resources. of the PARC.
b. Logging and mining concessions – suitable
areas in logging, mining and pasture areas SEC 41 (PARC)
shall be required to undertake reforestation 1. Composition: President as Chairman; Secretary
and conservation production methods. of Agrarian Reform as Vice-Chairman.
- Tribal communities shall be allowed to 2. Members: Secretaries of the following
enjoy and exploit the products of the forest Departments:
other than timber within the logging a. DA
concessions. b. DENR
c. Sparsely occupied public agricultural lands – c. Budget and Management
They shall be surveyed, proclaimed and d. DILG
developed as farm settlements for qualified e. DPQH
landless people. f. Trade and Industry
- Agricultural land allocation shall be made g. Finance
of=r ideal family size farms. h. DOLE
- Uncultivated lands of the public domain i. Director of NEDA
shall be made available on a lease basis to j. President of Land Bank of the
interested and qualified parties. Philippines
- Parties who will engage in the development k. Representatives of affected landless
of capital-intensive, traditional or primary landowners in Luzon, Visayas and
crops shall be given priority. Mindanao

4
RA 6657: Comprehensive Agrarian Reform Law of 1988

l. Representatives of Agrarian Reform  The 10-year program of distribution of public and


Beneficiaries, 2 each from Luzon, private lands in each province shall be adjusted
Visayas and Mindanao. Provided that from year to year by the province’s PARCCOM.
one of them shall be from the cultural
SEC. 46. FUNCTIONS OF THE BARC
communities.
a. Mediate and conciliate between parties
SEC 42 – EXECUTIVE COMMITTEE
involved in an agrarian dispute including
Composition – Secretary of DAR as chairman, matters related to tenurial and financial
other members which the President may arrangements;
designate. b. Assist in the identification of qualified
beneficiaries and landowners within the
SEC. 44. PROVINCIAL AGRARIAN REFORM
barangay;
COORDINATING COMMITTEE (PARCCOM)
c. Attest to the accuracy of the initial
Composition: parcellary mapping of the beneficiary
tillage;
1. FUNCTION – it shall coordinate and monitor d. Assist qualified beneficiaries in obtaining
CARP’s implementation in the province. It shall credit from lending institutions;
provide information on the provisions of CARP e. Assis in the initial determination of the
in the provinces. value of the land;
2. Composition – appointed by the President upon f. Assis the DAR Representatives in the
recommendation of the EXCOM. preparation of periodic reports in the CARP
3. PARO (Provincial Agrarian Reform Officer – as implementation for submission to the DAR;
Executive Officer) g. Coordinate the delivery of support services
4. One (1) representative each from to the beneficiaries;
a. DA h. Perform such other functions as may be
b. DENR assigned by the DAR
c. LBP
5. One (1) representative each from the existing SEC. 48 Legal Assistance. — The BARC or any member
farmers organizations, agricultural cooperatives thereof may, whenever necessary in the exercise of any
and NGO’s in the province. of its functions hereunder, seek the legal assistance of
6. Two (2) Representatives from landowners the DAR and the provincial, city, or municipal
7. Two (2) representatives from farmer and government.
farmer-beneficiaries.
SEC 49. Rules and Regulations. — The PARC and the
8. One (1) representative from cultural
DAR shall have the power to issue rules and regulations,
communities, if existing in the area.
whether substantive or procedural, to carry out the
SEC. 45. PROVINCE-BY-PROVINCE IMPLEMENTATION objects and purposes of this Act. Said rules shall take
effect ten (10) days after publication in two (2) national
PURPOSE – To ensure that support services are newspapers of general circulation.
available for have been programmed before actual
distribution is affected. SEC. 50. QUASI-JUDICIAL POWERS OF THE DAR

CONTINUING TASK OF PARC AND PARCCOM: A. PRIMARY JURISDICTION – to determine and


adjudicate agrarian reform matters.
1. Coordinate and monitor CARP’s implementation B. EXCLUSIVE ORIGINAL JURISDICTION – over all
2. Provide information on the provisions of CARP’s matters involving the implementation of agrarian
guidelines issued by the PARC

5
RA 6657: Comprehensive Agrarian Reform Law of 1988

reform except those falling under the exclusive CAN A DECISION, ORDER, AWARD OR RULING OF DAR
jurisdiction of the DA and DENR. BE SUBJECT OF JUDICIAL REVIEW? YES, accdg. to Art.
C. Other powers: 54.
- to summon witnesses
HOW CAN THE SUPREME COURT COPE WITH THE
- administer oaths
NUMBER OF AGRARIAN CASES IN EACH PROVINCE?
- require submission of reports
- compel the production of books and 1. The SC shall designate at least one (1) branch of
documents and answer interrogation RTC within each province to act as Special
- issue subpoenas and subpoena duces Agrarian Court.
tecum 2. The SC may designate more branches to
- enforce its writs thru sheriffs or other duly constitute such additional Special Agrarian
deputized officers. Courts.
- To promote direct and indirect contempts
in the summons as provided in the Rules of WHAT IS THE ORIGINAL AND EXCLUSIVE JURISDICTION
Court. OF SPECIAL AGRARIAN COURTS?

SHOULD THE LITIGANTS BE REPRESENTED BY A They shall have original and exclusive jurisdiction:
LAWYER? 1. Over all petitions from the determination of just
The law is silent. It merely provides that compensation to landowners.
responsible farmer-leaders shall be allowed to 2. The prosecution of all criminal offenses under
represent themselves, their fellow farmers or their CARL.
organizations. SECS. 61-63
SEC. 51.FINALITY OF DETERMINATION SOURCE OF FUNDS NEEDED TO IMPLEMENT THIS ACT:
A case shall be decided within 30 days after it is 1. It shall be funded from the Agrarian Reform
submitted for resolution. Fund created under Sections 20 and 2 of EO
Only one (1) motion for resolution is allowed. 229.
2. Additional amounts are hereby authorized to be
An order, ruling or decision becomes final after the appropriated as and when needed to agument
lapse of fifteen (15) days from receipt of a copy the Agrarian Reform Fund in order to fully
thereof. implement the provisions of this Act.
SEC. 52. FRIVOLUES APPEALS SOURCES OF FUNDING ON APPROPRIATION SHALL
INCLUDE THE FOLLOWING:
The DAR may impose reasonable penalties including
but not limited to fines or censures upon erring a. Proceeds of the sales of the Assets Privatization
parties. Trust;
b. All receipts from asses covered thru the PCGG;
CAN THE DAR IMMEDIATELY TAKE COGNIZANCE OF AN
c. Proceeds of the disposition of the properties of
AGRARIAN DISPUTE OR CONTROVERSY?
the Government in foreign countries;
It shall not take cognizance of an agrarian dispute or d. Other government funds not otherwise
controversy unless there is a certification from the BARC appropriated
that the dispute has been submitted to it without any
SEC.64 Financial Intermediary for the CARP. — The
success of settlement.
Land Bank of the Philippines shall be the financial
SECS. 54-57 intermediary for the CARP, and shall insure that the

6
RA 6657: Comprehensive Agrarian Reform Law of 1988

social justice objectives of the CARP shall enjoy a Municipalities to reclassify lands into non-
preference among its priorities. agricultural lands.

SEC. 65. CONVERSION OF FUNDS What lands are not affected by the 15%, 10% or 5%
requirement as above-mentioned?
IS THE RECLASSIFICATION OR CONVERSION OF AN
AGRICULTURAL LAND INTO RESIDENTIAL, Agricultural lands distributed to agrarian reform
COMMERCIAL OR INDUSTRIAL PURPOSES ALLOWED BY beneficiaries.
RA 6657?
Is the said percentage ceiling absolute?
YES, by express provision of Sec 65. Provided,
No, the President may, when public interest so
however, that the beneficiary shall have fully paid his
requires and upon recommendation of the National
obligation.
Economic and Development Authority (NEDA)
RECLASSIFICATION vs. CONVERSION authorize a city or municipality to reclassify lands in
excess of the limits cited above.
RECLASSIFICATION CONVERSION
It is the act of specifying It is the act of changing  The DAR has the exclusive power to approve or
how agricultural lands the current use of a piece disapprove land use conversion applications. It is
shall be utilized for non- or agricultural land into different form the power of the LGUs to reclassify
agricultural uses, such as some other use. agricultural land under Sec 20 of the LGC.
residential, industrial,
and commercial as RESPONSIBILITY OF DAR IN CASE OF
embodied in the land use RECLASSIFICATION:
plan, subject to the
requirements and a. DAR should see to it that the land sought to be
procedures for reclassified are not distributed or not covered
conversion. by a notice of coverage or not voluntarily
offered for coverage under CARP. The
It also includes the certification must be secured by the Sanggunian
reversion of non- concerned prior to the enactment of an
agricultural lands to ordinance reclassifying the agricultural land.
agricultural uses. b. DAR’s conversion clearance shall still be
required prior to actual change of the use of the
land.
REQUIREMENT FOR RECLASSIFICATION REQUIREMENT PRIOR TO THE ACTUAL USE OF
1. There should be a public hearing LAND:
2. It should be limited to the following percentage After the reclassification by the LGU, a DAR
of the total agricultural land area at the time of conversion clearance shall be required prior to
the passage of the ordinance, thus: actual change of the use of the land. (OP Memo
a. 15% for highly urbanized and independent Circular No. 54 [1993])
cities;
b. 10% for component cities and third class WHO REALLY HAS THE AUTHORITY TO CONVERT
municipalities; AGRICULTURAL LANDS? LGUs OR DAR? DAR.
c. 5% for four to six municipalities.
3. LGUs are mandated to exercise authority in
accordance with MC 54 of the Office of the
President which authorizes the Cities and
7
RA 6657: Comprehensive Agrarian Reform Law of 1988

IS THE AUTHORITY OF THE DAR TO ALLOW


CONVERSION LIMITED ONLY TO LANDS AWARDED
UNDER CARP?

NO. Since the DAR has exclusive original jurisdiction


over all matters involving the implementation of
CARP, it is believed to be the intention of the
Agrarian Reform law that any conversion of a
private agricultural land to non-agricultural uses
should be cleared beforehand by the DAR.

DAR OFFICIALS AUTHORIZED TO ISSUE


CONVERSION ORDERS (under sec 22 of AO 1
[1999]):

a. The Regional Director for areas of not more


than 5 hectares;
b. The duly authorized Undersecretary for
areas 5-50 hectares;
c. The Secretary for areas more than 50
hectares, except for those highly restricted
from conversion which shall be used subject
to his approval regardless of the area.

ARE AGRICULTURAL LANDS EXPROPRIATED BY THE


LGUs SUBJECT TO DAR CONVERSION CLEARANCE
PRIOR TO CHANGE IN USE?

NO. To hold otherwise would mean that the LGUs can


no longer expropriate agricultural lands needed for the
construction of roads, bridges, schools, hospitals, etc.
without first applying for conversion of the use of the
lands with the DAR, because all of these projects would
naturally involve a change in the land use. In effect, it
would be then the DAR to scrutinize whether the
expropriation is for a public purpose or public use.

Potrebbero piacerti anche