COMPREHENSIVE AGRARIAN REFORM PROGRAM
Republic Act. No. 9700 SECTION 23 Immunity of Government Agencies from Undue Interference.
In cases falling within their jurisdiction, no injunction, restraining order, prohibition or mandamus shall be issued by the regional trial courts, municipal trial courts, municipal circuit trial courts, and metropolitan trial courts against the DAR, the DA, the DENR, and the Department of Justice in their implementation of the program."
SECTION 13 Funding for Support Services.
In order to cover the expenses and cost of support services, at least forty percent (40%) of all appropriations for agrarian reform during the five (5) year extension period shall be immediately set aside and made available for this purpose: Provided, That the DAR shall pursue integrated land acquisition and distribution and support services strategy requiring a plan to be developed parallel to the land acquisition and distribution process.
who signed the Executive Order No. 456 on 23rd August to rename the dept. land reform as dept. of agrarian reform.
It was President Arroyo,
Republic Act. No. 9700 SECTION 12 Transferability of Awarded Lands.
Lands acquired by beneficiaries under this Act or other agrarian reform laws shall not be sold, transferred or conveyed except through hereditary succession, or to the government.
SECTION 11 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 annual amortization shall start one (1) year from the date of the certificate of land ownership award registration. However, if the occupancy took place after the certificate of land ownership award registration, the amortization shall start one (1) year from actual occupancy. The payments for the first three (3) years after the award shall be at reduced amounts as established by the PARC:
R.A No 9700 SECTION 7 - Determination of Just Compensation.
determining just compensation, the cost of acquisition of the land, the value of the standing crop, the current: value of like properties, its nature, actual use and income, the sworn valuation by the owner, the tax declarations, the assessment made by government assessors, translated into a basic formula by the DAR shall be considered, subject to the final decision of the proper court.
what land reform was tackled by said administrations?
Mindanao resettlement program and the Land Reform Act of 1955.
Republic Act. No. 9700 SECTION 19 Exclusive Jurisdiction on Agrarian Dispute.
No court or prosecutor's office shall take cognizance of cases pertaining to the implementation of the CARP except those provided under Section 57 of Republic Act No. 6657, as amended. If there is an allegation from any of the parties that the case is agrarian in nature and one of the parties is a farmer, farmworker, or tenant, the case shall be automatically referred by the judge or the prosecutor to the DAR which shall determine and certify within fifteen (15) days from referral whether an agrarian dispute exists.
With martial law, the whole Philippines was declared a land reform area under?
PD 27
in DAR logo, both colors imply that?
economic growth and sound rural development can be achieved through agrarian reform.
In DAR logo, green stands for?
fertility and productivity
In DAR logo, yellow stands for?
hope and a golden harvest of agrarian reform beneficiaries who are the recipients of the services provided by the Department via CARP.
Republic Act. No. 9700 SECTION 6
Procedure for Acquisition and Distribution of Private Lands
R.A No. 9700 SECTION 4 - Exception to Retention Limits
Provincial, city and municipal government,units acquiring private agricultural lands by expropriation or other modes of acquisition to be used for actual, direct and exclusive public purposes, such as roads and bridges, public markets, school sites, resettlement sites, local government facilities, public parks and barangay plazas or squares, consistent with the approved local comprehensive land use plan, shall not be subject to the five (5)-hectare retention limit.
R.A NO 9700 SECTION 2 Rural Women
women who are engaged directly or indirectly in farming and/or fishing as their source of livelihood, whether paid or unpaid, regular or seasonal, or in food preparation, managing the household, caring for the children, and other similar activities."
Republic Act. No. 9700 SECTION 8 Order of Priority.
- A landholding of a landowner shall be distributed first to qualified beneficiaries of that same landholding up to a maximum of three (3) hectares each. Only when these beneficiaries have all received three (3) hectares each, shall the remaining portion of the landholding, if any, be distributed to other beneficiaries.
Republic Act. No. 9700 SECTION 10 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.
SECTION 15 Equal Support Services for Rural Women.
- Support services shall be extended equally to women and men agrarian reform beneficiaries. "The PARC shall also ensure that rural women will be able to participate in all community activities. To this effect, rural women are entitled to self- organization in order to obtain equal access to economic opportunities and to have access to agricultural credit and loans, marketing facilities and technology, and other support services, and equal treatment in land reform and resettlement schemes.
R.A NO 9700 section 3 - Scope
- The Comprehensive Agrarian Reform Law of 1988 shall cover, regardless of tenurial arrangement and commodity produced, all public and private agricultural lands as provided in Proclamation No. 131 and Executive Order No. 229, including other lands of the public domain suitable for agriculture.
R.A. No. 9700 SECTION 14 Support Services for the Agrarian Reform Beneficiaries.
- The State shall adopt the integrated policy of support services delivery to agrarian reform beneficiaries. To this end, the DAR, the Department of Finance, and the Bangko Sentral ng Pilipinas (BSP) shall institute reforms to liberalize access to credit by agrarian reform beneficiaries.
SECTION 20 No Restraining Order or Preliminary Injunction.
-Except for the Supreme Court, no court in the Philippines shall have jurisdiction to issue any restraining order or writ of preliminary injunction against the PARC, the DAR, 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."
Other reforms included limitations on interest rates on loans and an increase in the sharecropping share from 50% to?
70%
what is Republic Act. No. 9700?
AN ACT STRENGTHENING THE COMPREHENSIVE AGRARIAN REFORM PROGRAM (CARP), EXTENDING THE ACQUISITION AND DISTRIBUTION OF ALL AGRICULTURAL LANDS, INSTITUTING NECESSARY REFORMS, AMENDING FOR THE PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 6657, OTHERWISE KNOWN AS THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1988, AS AMENDED, AND APPROPRIATING FUNDS THEREFOR
SECTION 22 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 a greater economic value for residential, commercial or industrial purposes, the DAR, upon application of the beneficiary or the landowner with respect only to his/her retained area which is tenanted, with due notice to the affected parties, and subject to existing laws, may authorize the reclassification or conversion of the land and its disposition.
The Republic Act No. 6657
Comprehensive Agrarian Reform Law was signed by President Corazon C. Aquino on 10th June, 1988.
CARP Meaning
Comprehensive Agrarian Reform Program of 1988,
Comprehensive Agrarian Reform Law is responsible for the implementation of the?
Comprehensive Agrarian Reform Program(CARP) in Philippines.
DAR stands for what?
Department of Agrarian Reform
R.A No. 9700 Section 18 Quasi-judicial Powers Of the DAR
The DAR is hereby vested with 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 Agriculture (DA) and the DENR.
R.A No 9700 SECTION 5 - Priorities.
The DAR, in coordination with the Presidential Agrarian Reform Council (PARC) shall plan and program the final acquisition and distribution of all remaining unacquired and undistributed agricultural lands from the effectivity of this Act until June 30, 2014. Lands shall be acquired and distributed as follows ; "Phase One: During the five (5)-year extension period hereafter all remaining lands above fifty (50) hectares shall be covered for purposes of agrarian reform upon the effectivity of this Act. "Phase Two: Lands twenty-four (24) hectares up to fifty (50) hectares shall likewise be covered for purposes of agrarian reform upon the effectivity of this Act, which have already been subjected to a notice of coverage issued on or before December 10, 2008, to implement principally the rights of farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till. "Phase Three: All other private agricultural lands commencing with large landholdings and proceeding to medium and small landholdings under the following schedule:
whose administration that the reform land was again tackled?
The Macapagal and The Magsaysay Administration
Republic Act. No. 9700 SECTION 16 Support Services for 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 prior agrarian reform programs with the following services: "(a) Investment information, financial and counseling assistance, particularly investment information on government-owned and/or -controlled corporations and disposable assets of the government in pursuit of national industrialization and economic independence: "(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 BSP and other government institutions and instrumentalities, "(c) Marketing of agrarian reform 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 productively the proceeds of the sale of such lands for rural industrialization.
R.A No. 9700 section 17 The presidential Agrarian Reform Council
The Presidential Agrarian Reform Council (PARC) shall be composed of the President of the Philippines as Chairperson, the Secretary of Agrarian Reform as Vice-Chairperson and the following as members: Secretaries of the Departments of Agriculture; Environment and Natural Resources; Budget and Management; Interior and Local Government; Public Works and Highways; Trade and Industry; Finance; and Labor and Employment; Director-General of the National Economic and Development Authority; President, Land Bank of the Philippines; Administrator, National Irrigation Administration; Administrator, Land Registration Authority; and (6) representatives of affected landowners to represent Luzon, Visayas and Mindanao; (6) representatives of agrarian reform beneficiaries, (2) each from Luzon, Visayas and Mindanao: Provided, That at least (1) of them shall be from the indigenous peoples: Provided, further, That at least (1)of them shall come from a duly recognized national organization of rural women or a national organization of agrarian reform beneficiaries with a substantial number of women members: Provided, finally, That at least twenty percent (20%) of the members of the PARC shall be women but in no case shall they be less than (2).
Republic Act. No. 9700 SECTION 21 Funding Source.
The amount needed to further implement the CARP as provided in this Act, until June 30, 2014, upon expiration of funding under Republic Act No. 8532 and other pertinent laws, shall be funded from the Agrarian Reform Fund and other funding sources in the amount of at least One hundred fifty billion pesos (P150,000,000,000.00).
Implementation of Agrarian Reform Program
The implementation of Agrarian reforms proceeded at a very slow pace due to the lack of political will and the redistribution of land was also very slow.
The Comprehensive Agrarian Reform Law is focused on?
The law focused on industrialization in Philippines together with social justice.
SECTION 9 Award to Beneficiaries.
The rights and responsibilities of the beneficiaries shall commence from their receipt of a duly registered emancipation patent or certificate of land ownership award and their actual physical possession of the awarded land. Such award shall be completed in not more than one hundred eighty (180) days from the date of registration of the title in the name of the Republic of the Philippines.
R.A No 9700 Section 4 - review of Limits of Lands Size
Within six (6) months from the effectivity of this Act, the DAR shall submit a comprehensive study on the land size appropriate for each type of crop to Congress for a possible review of limits of land sizes provided in this Act."
What is CARP?
a Philippine state policy that ensures and promotes welfare of landless farmers and farm workers, as well as elevation of social justice and equity among rural areas.
Before the Hispanic period, there were no owner-cultivators, only communal land owned by the barangay which consisted of?
a datu, freemen, serfs and slaves.
completing CARP in accordance with the mandate of the Constitution is?
a necessary condition to correct social injustice, and achieve sound agricultural development and economic growth.
How much land distribution has increased
about 7 million hectares with about 4.2 million farmer beneficiaries.
DAR conducts?
land survey in resettlement areas.
The 1935 Constitution addressed the issue of foreign access to land, i.e. corporations must have at least?
must have at least 60% Filipino ownership, and use-rights were limited in time.
R.A No. 9700 SECTION 1 Declaration of Principles and Policies.
policy of the State to pursue a Comprehensive Agrarian Reform Program (CARP). The welfare of the landless farmers and farmworkers 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-size farms as thebasis of Philippine agriculture.
But very little of these laws were really followed in?
practice and the Huk rebellion was born.
R.A No. 9700 SECTION 2 Farmer
refers to a natural person whose primary livelihood cultivation of land or the production of agricultural crops, livestock and/or fisheries either by himself/herself, or primarily with the assistance of his/her immediate farm household, whether the land is owned by him/her, or by another person under a leasehold or share tenancy agreement or arrangement with the owner thereof.
The primary objective of instituting the Comprehensive Agrarian Reform law was to?
successfully devise land reform in Philippines.
Apart from land reform, the Department of Agrarian Reform began to?
supervise other allied activities to improve the economic and social status of the beneficiaries of land reform in Philippines.
The DAR logo shows the Department's acronym representing the?
the institution and its role as the lead agency in the implementation of the Comprehensive Agrarian Reform Program (CARP)
What is DAR?
the lead implementing agency of Comprehensive Agrarian Reform Program (CARP). It undertakes land tenure improvement and development of program beneficiaries.
The DAR also orchestrates the delivery of support services to?
to farmer-beneficiaries and promotes the development of viable agrarian reform communities.