LAW: RA No. 6657 - Comprehensive Agrarian Reform Law of 1988 SALIENT FEATURES Flashcards
What is CARL?
Comprehensive Agrarian Reform Law was
made into Law on June 10, 1988 through Republic
Act No. 6657
What are the principles and policies under RA
6657?
- Promote social justice
- More equitable distribution and ownership of land
- Founded on the right of farmers and regular farmworkers
- Recognize participation of farmers, farmworkers
and landowners, as well as cooperatives and
other independent farmers’ organizations - support to agriculture
- Apply the principles of agrarian reform, or
stewardship - Resettle farmers and farmworkers in its own
agricultural estates - the formation and maintenance of economic-size
- land has a social function and landownership has a social responsibility
- Provide incentives to landowners to invest the
proceeds of the agrarian reform program - May lease undeveloped lands of the public
domain
What are the key components of CARP?
LAP
Land Tenure Improvement
Agrarian Justice Delivery.
Program Beneficiaries Development.
What are the most common misconceptions
about CARL?
- CARL is not really comprehensive.
- CARL is a violation of rights to private property
- CARP is Pro-tenant
- CARL is anti-landowner
- Agrarian Reform leads to fragmentation of
lands - Small farms are less efficient and less
productive - The CARP is a total failure
What is the coverage of CARL?
- All public and private agricultural lands
- Other lands of the public domain suitable for
agriculture regardless of tenurial arrangement
and commodity produced
What specific lands are included in the
coverage of CARP?
GAPP
Government owned lands - agriculture.
Alienable and disposable lands of the public - agriculture.
Public domain lands in excess of the specific limits
What is the Scope of CARP?
10.3 million hectares of private and public agricultural land
What do we mean by agricultural lands?
Land devoted to agricultural activity and not classified as mineral, forest,
residential, commercial or industrial land
What is meant by ‘”agricultural activity?”
CROP
Cultivation of soil
Reaping or harvesting of farm product
Other operations done by farmers
Planting of crops
Is Agricultural land the same as alienable and
disposable land?
YES. the term “agricultural
lands” used in the constitution has been
substituted with “alienable or disposable lands
Is it true that only agricultural lands are
alienable or can be transferred to other private
individuals or corporations or juridical entities?
YES. “Alienable lands of the
public domain are limited to agricultural lands.”
What are non-agricultural lands?
FIRM
Forest or Timber
Industrial and Commercial lands
Residential
Mineral
What are the classification of lands?
PRIMARY CLASSIFICATION - TANM
* Timber or Forest
* Agricultural
* National Parks
* Mineral
SECONDARY CLASSIFICATION - RIC
* Residential
* Industrial
* Commercial
What land is subject for reclassification?
- Ceases to be economically feasible and sound
- Have substantially greater economic value
Who is authorized to classify and reclassify
lands?
Only the President of the Philippines
What are the limitations on the authority of
local government units (LGUs) regarding
reclassification?
- 15% for highly-urbanized and independent
component cities - 10% for component cities and first to third
class municipalities - 5% for fourth to sixth class municipalities
In addition, the following types of agricultural
lands shall not be covered under the said reclassification:
* Lands distributed to agrarian reform
beneficiaries;
* Lands already issued a notice of coverage or
voluntary offered for coverage under CARP;
* Lands identified as non-negotiable for
conversion
Can agricultural lands already reclassified by
the LGUs into “forest conservation zones” be
covered by CARP?
Yes. The reclassification done by the LGU is not
valid because ‘forest land’ is a primary
classification which only the President has the
right to classify
When can agricultural lands reclassified by the
LGUs into residential, commercial or industrial
be covered by CARP?
When reclassification was done by LGU after
June 15, 1988, the land is still covered by CARP. In this case,
the landowner needs to apply for exemption and
land conversion
What is meant by public lands?
UNNO
Unappropriated Lands
Not acquired by private persons
Not held back or reserved for any special governmental or public purpose; and
Open to entry and settlement.
Are private corporations or associations
allowed to own public domain lands?
No. Private corporations or associations may not
hold such alienable lands of the public domain
except:
* By lease for a period not exceeding 25 years,
renewable for not more than 25 years, and not
to exceed 1,000 hectares in area;
* Citizens of the Philippines may lease not more
than 500 hectares
When can a Public Domain land become a
Private land?
When they are acquired by private individuals
either by purchase, homestead or grant
Are foreigners allowed to own lands in the
Philippines?
NO.
Are lands foreclosed/owned by Government
Financial Institutions (GFI) and other
instrumentalities covered by CARP?
Yes. If these lands are suitable for agriculture
What public lands are exempted/excluded from
CARP coverage?
- Parks
- Wildlife
- Forest reserves
- Reforestation
- National defense
- Fish sanctuaries and
breeding grounds - Watersheds and
mangroves - School sites and campuses including experimental farm stations operated for educational
purposes
Seeds and seedling research and pilot production centers - Communal burial ground and cemeteries
- Penal colonies and penal farms
- Government research and quarantine centers
Implies a keeping
out or prohibiting of that which
is not yet in the law
Exclusion
implies release
from some obligation or legal
requirement, where others are
not
Exemption
What are the statutory/legal bases that support
the coverage of public lands?
- The CARL of 1998 shall cover, regardless of
tenurial arrangement and commodity produced, all public and private agricultural lands - Resettle landless farmers and
farm workers in its own agricultural estate - Surrender to the Department all landholdings suitable for agriculture
What are Private Lands?
AGOS
Acquired through various mode of land
acquisition;
Granted by the state
Owned by natural or juridical persons or
corporation; and
Segregated from the lands of the public domain
Who are qualified to own private lands in the
Philippines?
Filipino Citizens
Natural-born Filipino Citizens but lost their Citizenship
Filipino Corporations
Are all private lands covered by CARP?
No. Only agricultural lands devoted to or suitable
for agriculture
What is Expropriation?
the right of the government to take
the land, mineral rights or other property out of the owner’s possession, especially for public use
with just compensation.
The full and fair equivalent of the property taken from its owner by the expropriator
Just Compensation
What type of Expropriation is practiced by DAR?
Expropriation is identical to compulsory acquisition of lands exercised by the government to be redistributed to landless farmers
What type of lands are priorities for immediate expropriation under CARP?
Idle or abandoned lands
What are the statutory/legal bases for
expropriation under CARP?
Section 22, Article XVIII of Philippine Constitution
Section 18 (h) of EO 229
Agricultural lands, not cultivated, tilled
or developed to produce any crop nor devoted to any specific economic purpose continuously for a period of 3 years immediately prior to the receipt of notice of acquisition by the government as provided in RA 6657,
Idle or abandoned lands
Refers to lands which are not included or have been removed in the coverage of CARP
Exempted and Excluded
an immunity or privilege. While CARP covers all agricultural lands some agricultural lands are not covered by CARP under certain conditions.
Exempted
The type of lands
shall not be placed under CARP coverage.
Excluded
What lands are exempted from the coverage of
CARP?
PALL
1. Private lands actually, directly, and exclusively
used for prawn farms and fishponds
2. All homesteads
3. Lands devoted to raising of livestock
4. Lands retained by landowners that are covered
under leasehold
What lands are excluded from the coverage of
CARL?
LAP
1. Lands for national defense, school sites and campuses, including experimental farm stations etc.
2. All lands with 18% slope and over, except those already developed
3. Protected areas for ecological purpose
Identified portion of land and water set aside by reason of their unique physical and biological significance, managed to enhanced biological diversity and protected against destructive human exploitation
Protected area
Why are protected areas excluded from CARP
- Not classified as agricultural lands and are not
arable - Part of our cultural heritage, like national parks
and national monuments, that must be taken
cared of for future generation - Habitat of all life forms and primary source of
“food web” to ensure biodiversity - Needed to maintain ecological balance
Are there instances when protected areas can
be covered by CARP?
LAD
Land or a portion thereof, are no longer actually,
directly or exclusively used as designated;
Are suitable for agriculture; and
Declared/reclassified as alienable and disposable
What are the ways by which the government
can acquire landholdings for distribution under
CARP?
COVER
Compulsory acquisition (CA)
Offer to sell
Voluntary Land Transfer/Direct Payment Scheme
Executive Order 407 (1990) as amended by EO
448 and 506 - to immediately transfer to DAR all
their landholdings suitable for agriculture
Rice and Corn lands (Operation Land Transfer)
under PD 27 and EO 228).
What is the retention limit of the landowner?
maximum of 5 hectares
Who has the primary responsibility to
determine the value and compensation for all
lands covered?
Land Bank of the Philippines (LBP)
What factors are considered in the determination of just compensation?
CCONNSIDER
Cost of acquisition of the land
Current value of like properties
Official assessment by government assessors
Nature of land
Non-payment of taxes and/or loans secured from
government financing institutions
Sworn valuation by the landowner
Income
Declaration of taxes
Economic and social benefits contributed by the
farmers/farmworkers and the government
Real/actual use of land
How does LBP determine the value of the land?
Land Value is equal to the sum of the Capitalized
Net Income, Comparable Sales, and Market Value
weighted at 60%, 30%, and 10% respectively.
LV = (CNI x 0.6) + (CS x 0.3) + (MV x 0.10)
What are the forms of payment to landowner?
Cash
Landowners may be paid in kind through:
* Shares of stocks in government owned and
controlled corporations, LBP preferred
shares, assets or qualified investment
* Tax credits
* Land Bank bonds
Do landowners pay taxes for transactions
involving transfer of ownership?
No. Transfer of ownership transactions under RA
6657 are exempted from taxes arising from
capital gains and from payment of registration
fees and all other taxes and fees for the transfer.
Who are CARP beneficiaries?
- Agricultural lessees or share tenants;
- Regular farmworkers;
- Seasonal farmworkers;
- Other farmworkers;
- Actual tillers or occupants of Public lands;
- Collectives or cooperatives of the above
beneficiaries; - Others directly working on the land.
Are there qualifications required to become
CARP beneficiary?
LAW
Landless Filipino citizen
At least 15 years old or head of family at the time
the property was transferred in the name of the Republic of the Philippines
Willingness, ability, and aptitude to cultivate the
land and make it as productive as possible.
One who owns less than 3 hectares of agricultural land
Landless
What is the basis of DAR in awarding land?
Beneficiary landholding does not exceed three hectares
Why is the award ceiling set at a minimum of 3
hectares?
Because this is considered to be the economic family farm size characterized by the following:
Permits efficient use of labor and capital
resources of the farm family;
* Will produce an income sufficient to provide a
modest standard of living to meet farm
family’s need for food, clothing, shelter, and
education;
* Provides possible allowance for payment of
yearly installments on the land, and reasonable
reserves to absorb yearly fluctuations in
income.
Does the landowner have the right to assign
beneficiaries for his/her landholding?
NO
What is the proof of ownership given to the
Agrarian Reform Beneficiary (ARB)?
Emancipation Patent (EP) under PD 27 or
Certificate of Landownership Award (CLOA) under CARP.
Is an ARB allowed to transfer his/her land
ownership to another beneficiary?
Yes. Under the following conditions:
* After full payment of amortizations (Section 6 of
EO 228).
* After the period of ten (10) years (Section 27, RA
6657)
* Through hereditary succession by an heir—not
subject to ten year period prohibition (DAR AO 8,
1995)
Does an awardee still qualify to become a
beneficiary after disposing his/her
landholding?
No.
Awardee who dispose his/her landholdings shall
no longer be qualified to become beneficiary under CARP.
However, the children or spouse of the beneficiary
has the right to repurchase the acquired land
which was transferred to the DAR within a period
of two (2) years
To whom should a land be transferred in the
event of death of the ARB?
transferred to his/her heirs
What if the surviving heirs are minors?
Shall be represented by the guardian
Once the CLOA is awarded, what is the
obligation of the ARB?
The agrarian reform beneficiary should:
* Exercise the diligence of a good father/
mother/heir of a family in the use, cultivation,
and preservation of the land and the improvement thereon.
* Keep the land awarded to him/her intact, and
must not subdivide the land in favor of his/her
children/heirs.
* Pay the required amount of amortization for
the land
* Not neglect, abandon, misuse, or sell the land.
How will ARBs pay for the land?
30 equal annual payments at six percent (6%) interest
per year. A two percent (2%) interest deduction
shall be given for payments made on time
What are the support services does a
beneficiary is entitled to?
Land surveys and titling;
* Liberalized terms on credit facilities and
production loans;
* Extension services by way of planting,
* Infrastructure services
* Research, production, and use of organic fertilizers
Are landowners affected by CARP provided also
with support services?
YES.
* Investment information, financial counseling
and assistance;
* Facilities, programs and schemes for conversion or exchange of bonds;
* Marketing of LBP Bonds; and
* Other services for utilization of proceeds of
sale
Can an awarded CLOA to ARB be cancelled?
YES.
* Material misrepresentation of the beneficiary’s
basic qualifications
* Sale, transfer, lease, or other forms of conveyance;
* Misuse of the land, causing substantial and
unreasonable damage;
* Continuous neglect or abandonment
Failure to pay an aggregate of three consecutive amortizations to the LBP or to the landowner
* Conversion of the awarded land to non-agricultural use;
* Waiver of rights to awarded lands;
* Surrender of awarded land to landowner or other non-beneficiary; or
* Misuse or diversion of financial
