Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Corre Midterms > LAW: RA No. 6657 - Comprehensive Agrarian Reform Law of 1988 FAQ > Flashcards

LAW: RA No. 6657 - Comprehensive Agrarian Reform Law of 1988 FAQ Flashcards

Frequently Asked Questions on CARP

1
Q

What is the Comprehensive Agrarian Reform Program (CARP)?

A

A social justice and poverty alleviation program which seeks to empower
the lives of agrarian reform beneficiaries (ARBs) through equitable distribution and
ownership of the land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the basis of CARP?

A

RA 6657 or the Comprehensive Agrarian Reform Law (CARL) of 1988

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is the essence of CARP?

A

Asset reform,
i.e., redistribution of wealth thus enabling the
poor and marginalized to have access of capital resources

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

How does the Department of Agrarian Reform (DAR) help the farmers?

A
  1. Distribution of all agricultural lands
  2. Delivery of appropriate support services
  3. Agrarian justice
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Is the DAR land distribution program uniformly implemented in the country?

A

Depend on the hectare target of the region.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

How does the DAR conduct its information dissemination drive to the public?

A

Education and information campaign.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Who are qualified as Agrarian Reform Beneficiaries (ARBs)?

A

ARSOACO
a. Agricultural lessees and share tenants;
b. Regular farmworkers;
c. Seasonal farmworkers;
d. Other farmworkers;
e. Actual tillers or occupants of public lands;
f. Collective or cooperatives of the above beneficiaries; and
g. Others directly working on the land

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are the requisites of a qualified ARB?

A

LFAH
1. Landless as defined in RA 6657. One is considered landless if he/she owns less
than 3 hectares of agricultural land;
2. Filipino citizen;
3. At least 15 years of age or head of the family at the time of acquisition of property;
and
4. Has willingness, ability and aptitude to cultivate and make the land productive as
possible.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

How does DAR identify an ARB?

A

coordination with the Barangay Agrarian Reform Community (BARC)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

DAR shall provide the following data of the beneficiaries:

A

NOLCS
a. Names and members of their immediate farm household;
b. Owners or administrators of the lands they work on and length of tenurial
relationship;
c. Location and area of the land they work;
d. Crops planted; and
e. Share in the harvest or amount of rental paid or wages received

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are the obligations of an ARB?

A
  • The agricultural productivity of the land should be maintained; and
  • The change in the nature of the use of the land shall be protected except with
    the approval of the DAR under its rules on conversion or exemption.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Are idle and abandoned lands covered under the CARP?

A

idle and abandoned agricultural lands are priority areas for
coverage under CARP.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Filipinos working abroad left their farm lands; if they are not being tilled, what
does the DAR do?

A
  • 5-hectare right of retention
  • Owners of agricultural land have the obligation
    to cultivate directly or through labor administration the lands they own and thereby
    make the land productive.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Are uplands which are being agriculturally developed exempted from CARP
coverage?

A

If at the advent of CARP said lands are already agriculturally developed and
productive, they are not exempted from CARP.

-

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Are uplands which are being agriculturally developed exempted from CARP
coverage?

A

If at the advent of CARP said lands are already agriculturally developed and
productive, they are not exempted from CARP.

  • However, for those lands which are above 18% slope, they are exempted from CARP
    coverage.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Can an agricultural land be converted to a residential land?

A

Yes. After the lapse of five years from its award

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are some of the guidelines for converting agricultural lands into residential,
commercial and other non-agricultural uses?

A
  • Should coordinate with the Center for Land Use Policy and Planning Implementation (CLUPPI) office of the DAR.
  • they should get an environmental compliance certificate from the DENR if Environmentally Critical Area (ECA) or Environmentally Critical Project (ECP).
  • coordinate with the LGU regarding the present classification of the land
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are private agricultural lands (PAL)?

A

TFH
Lands already titled in the name of private individuals
includes:
1. Torrens title
2. Free-patent titles
3. Homestead patents

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Acquisition of PAL

A

AGOS
- Acquired through various mode of land acquisition;
- Granted by the state;
- Owned by natural or juridical person or corporations; and
- Segregated from the lands of the public domain

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Are haciendas covered under CARP?

A

YES

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Are there various ways in distributing big landed estates to qualified farmers?

A

PCVN
- Physical Distribution of lands to qualified farmer beneficiaries;
- Compulsory acquisition;
- Voluntary offer to sell/ Voluntary land transfer; and
- Non-land transfer schemes like Stocks Distribution Option (SDO), Production and Profit Sharing (PPS) and Leasehold Operation

21
Q

What are the benefits received by ARBs under the stock distribution option (SDO) plan?

A
  1. Get dividends and proportionate share to the earnings of the land.
  2. Avail of other benefits stated in the MOA
22
Q

What is the difference of stock distribution option from production and profit
sharing?

A

Stock distribution option (non-land transfer program of CARP), the farmers
become stock owners, meaning, they are given rights to purchase capital stocks,
equities or shares from the corporate landowners and association.

Production and profit sharing scheme, there is a distribution of shares of production and profit for the farmworkers who are awaiting the eventual transfer of land ownership to them.

23
Q

Are farm lands under Multinational Corporations covered by CARP?

A

YES

24
Q

What is really happening in Hacienda Luisita?

A

Hacienda Luisita is a sugarcane estate. The land is not economically feasible to be
fragmented.

25
Q

Can the lands of Hacienda Luisita be physically distributed to the farmers?

A

DAR recommended the physical distribution of the lands of Hacienda Luisita to the
farmers. This was affirmed by the Presidential Agrarian Reform Council (PARC).
To date the matter of decision lies with the Supreme Court.

26
Q

What is the allowed retention limit under CARP?

A

Shall not exceed 5 hectares.

Three (3) hectares may be awarded to a child of the landowner subject to the
following qualifications:
1. at least 15 years of age during the CARP coverage; and
2. actually tilling the land or directly managing the farm

27
Q

Can a married couple avail of 5 hectares each?

A

If the marriage was solemnized before 3 August 1988, spouses may retain a total of not more than 5 hectares.

However, if either or both of them are landowners in their own respective rights, they
may retain not more than 5 hectares each from their respective landholdings.

On the other hand, if the marriage was contracted under the new Family Code, they
may retain 5 hectares each if they executed a judicial separation of properties prior to
the marriage. In the absence thereof, only a total of 5 hectares can be retained.

28
Q

Can the Church become a landowner of an agricultural land?

A

YES.
religious institution like the Catholic church is considered a juridical person,

29
Q

Are schools and state universities covered by CARP?

A

NO. exempted from CARP

30
Q

What about military reservations, are they exempted from CARP coverage?

A

NO. all defense sites and military reservations are
considered inalienable

31
Q

Are land transactions under CARP required to pay taxes?

A

Land transactions under the CARP are exempted
from the taxes

32
Q

How much does an ARB pays to Land Bank?

A

30 equal annual payments at 6 % per annum interest and with 2% less deduction for updated amortization payments.

  • 1st 3 years- payments shall not exceed 2.5% of the value of the annual gross
    production (AGP)
  • 4th & 5th years- not to exceed 5% of the value of the AGP
  • 6th- 30th year- not to exceed 30% of the value of the AGP
33
Q

What does the land owner do if he/she does not agree with the valuation of the
agreement?

A

Bring the matter to any special agrarian court for final determination of
just compensation

34
Q

Can a landowner get back his lands from a n ARB?

A

He cannot get back his lands from an ARB. However, if he has not yet been fully paid
he can follow it up with the Land Bank of the Philippines where he will be paid in cash
or in LBP bonds.

35
Q

In case of default of payment of monthly amortization, is an ARB obliged to pay
additional interest?

A
  • force majeure - obliged to pay the Land Bank in the next cropping season without additional interest.
  • still not able to pay the LBP, the awarded land will be forfeited and awarded to other qualified beneficiaries
36
Q

Are CARP farmer beneficiaries allowed to sell their lands?

A
  • Within ten years, FBs cannot sell, transfer or donate the lands awarded
    EXCEPT:
    1. hereditary succession
    2. sold back to the State through the Land Bank of the Philippines or to another qualified beneficiary
  • However, if an ARB sells, transfers, leases or conveys his/her rights over the awarded
    land except to those mentioned above, this will be a ground for disqualification as a
    beneficiary.
37
Q

What if the ten-year period has lapsed, can ownership of awarded agricultural
lands be transferred or sold?

A

YES.
- fully paid
- provided further that the transferee thereof is qualified under the CARP
and does not own more than 5 hectares of agricultural land. direct cultivators

38
Q

What is Leasehold Operation?

A

Non land transfer schemes under CARP which
ensures the tenurial security of farmers and farmworkers. This covers tenanted
retention areas, sugarlands and coconut lands and other agricultural lands with the
prescribed 75-25 sharing arrangement in favor of the ARBs.

39
Q

Who can avail of the Diosdado Macapagal Scholarship

A

Any child or descendants of an ARB who wants to pursue a college degree or
vocational courses can avail of the scholarship.

40
Q

What is an Agrarian Reform Community (ARC)?

A

Identified barangays or clusters of barangays with the highest concentration
of ARBs

41
Q

What are the criteria in ARC selection?

A
  • A large CARP scope (at least 80%) in the locally has been distributed or will be
    distributed within one or two years;
  • There is a high density of potential and actual agrarian reform beneficiaries;
  • There is a low rate of economic growth but with high agro-industrial development potential; and
  • There are non-government organizations and people’s organizations in the area.
42
Q

What is a KALAHI AR Zone?

A

Kapit-Bisig Laban sa Kahirapan (KALAHI)

agrarian reform zones is a
development strategy which evolved from the original ARC concept

43
Q

Why were ARCs expanded to KALAHI AR Zones?

A

The ARCs were expanded to serve as planning and operation areas for partnership
and convergence of resources and efforts of various CARP stakeholders involving one
or more ARCs.

44
Q

What is the status of the DAR’s ARC development?

A

DAR almost doubled the number of ARCs

45
Q

What are foreign Assisted projects (FAPs)?

A

The FAPs of the DAR are the Official Development Assistance (ODA) projects where the
purpose is to fully complement the governments’ limited resources for the
transformation of thousands of barangays into thriving and self-sustaining agrarian
reform communities.

46
Q
A

In particular the FAPs focuses on the following delivery of support services:

Infrastructure– construction of farm to market roads, bridges pre and post harvest
facilities, etc.

· Community and Institutional Development Support (CIDS)
· Agricultural Productivity and Rural Enterprise Development (APRED)
· Basic Education
· Primary Health Care

47
Q

Is it usual for foreign donors to leave the country after the project is in place?

A

These foreign donors actually are not here to stay. They work on the premise that they
help the farmers stand on their own and empower themselves.

48
Q

Do foreign donor countries through foreign funded projects like UNDP, JICA, etc.
expects something in return from the government?

A

In every loan agreement, all foreign funded projects ask for a government of the
Philippines (GOP) counterpart. However, if it is a grant, foreign donors do not require
a GOP counterpart but are given free as aid.

49
Q

What are some of the problems that DAR faces?

A
  • Illegal land transaction/transfer, selling/transfer of rights, missing or lost titles;
    reconstitution of titles; double titling or issuance of award, fictitious land titles,
    etc.;
  • Strong resistance of landowners regarding LAD; leasehold implementation;
    filing of cases to court and harassment against DAR field personnel
  • Limited budget; and
  • Legal obstructions in CARP implementation [e.g. temporary restraining order
    and injunction.
50
Q

Does CARP works?

A

proved positive results on the economic lives of the ARBs under the
program.

Corre Midterms (7 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions