RA 9700 (2009) - Strengthening CARP
RA 9700 (2009) - Strengthening CARP
9700 August 7, 2009 "The State recognizes that there is not enough
agricultural land to be divided and distributed to each
AN ACT STRENGTHENING THE COMPREHENSIVE farmer and regular farmworker so that each one can own
AGRARIAN REFORM PROGRAM (CARP), EXTENDING THE his/her economic-size family farm. This being the case, a
ACQUISITION AND DISTRIBUTION OF ALL AGRICULTURAL meaningful agrarian reform program to uplift the lives and
LANDS, INSTITUTING NECESSARY REFORMS, AMENDING economic status of the farmer and his/her children can
FOR THE PURPOSE CERTAIN PROVISIONS OF REPUBLIC only be achieved through simultaneous industrialization
ACT NO. 6657, OTHERWISE KNOWN AS THE aimed at developing a self-reliant and independent
COMPREHENSIVE AGRARIAN REFORM LAW OF 1988, AS national economy effectively controlled by Filipinos.
AMENDED, AND APPROPRIATING FUNDS THEREFOR
"To this end, the State may, in the interest of national
Be it enacted by the Senate and House of Representatives of the welfare or defense, establish and operate vital industries.
Philippines in Congress assembled::
"A more equitable distribution and ownership of land, with
Section1. Section 2 of Republic Act No. 6657, as amended, due regard to the rights of landowners to just
otherwise known as the Comprehensive Agrarian Reform Law of compensation, retention rights under Section 6 of
1988, is hereby further amended to read as follows: Republic Act No. 6657, as amended, and to the
ecological needs of the nation, shall be undertaken to
"SEC. 2. Declaration of Principles and Policies. - It is the provide farmers and farmworkers with the opportunity to
policy of the State to pursue a Comprehensive Agrarian enhance their dignity and improve the quality of their lives
Reform Program (CARP). The welfare of the landless through greater productivity of agricultural lands.
farmers and farmworkers will receive the highest
consideration to promote social justice and to move the "The agrarian reform program is founded on the right of
nation toward sound rural development and farmers and regular farmworkers, who are landless, to
industrialization, and the establishment of owner own directly or collectively the lands they till or, in the
cultivatorship of economic-size farms as the basis of case of other farmworkers, to receive a just share of the
Philippine agriculture. fruits thereof. To this end, the State shall encourage and
undertake the just distribution of all agricultural lands,
"The State shall promote industrialization and full subject to the priorities and retention limits set forth in this
employment based on sound agricultural development Act, taking into account ecological, developmental, and
and agrarian reform, through industries that make full and equity considerations, and subject to the payment of just
efficient use of human and natural resources, and which compensation. The State shall respect the right of small
are competitive in both domestic and foreign landowners, and shall provide incentive for voluntary
markets: Provided, That the conversion of agricultural land-sharing.
lands into industrial, commercial or residential lands shall
take into account, tillers' rights and national food "As much as practicable, the implementation of the
security. Further, the State shall protect Filipino program shall be community-based to assure, among
enterprises against unfair foreign competition and trade others, that the farmers shall have greater control of
practices. farmgate prices, and easier access to credit.
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"The State shall recognize the right of farmers, and research, adequate financial, production and
farmworkers and landowners, as well as cooperatives and marketing assistance and other services. The State shall
other independent farmers’ organizations, to participate in also protect, develop and conserve such resources. The
the planning, organization, and management of the protection shall extend to offshore fishing grounds of
program, and shall provide support to agriculture through subsistence fishermen against foreign intrusion.
appropriate technology and research, and adequate Fishworkers shall receive a just share from their labor in
financial, production, marketing and other support the utilization of marine and fishing resources.
services.
"The State shall be guided by the principles that land has
"The State shall recognize and enforce, consistent with a social function and land ownership has a social
existing laws, the rights of rural women to own and control responsibility. Owners of agricultural land have the
land, taking into consideration the substantive equality obligation to cultivate directly or through labor
between men and women as qualified beneficiaries, to administration the lands they own and thereby make the
receive a just share of the fruits thereof, and to be land productive.
represented in advisory or appropriate decision-making
bodies. These rights shall be independent of their male "The State shall provide incentives to landowners to
relatives and of their civil status. invest the proceeds of the agrarian reform program to
promote industrialization, employment and privatization of
"The State shall apply the principles of agrarian reform, or public sector enterprises. Financial instruments used as
stewardship, whenever applicable, in accordance with payment for lands shall contain features that shall
law, in the disposition or utilization of other natural enhance negotiability and acceptability in the
resources, including lands of the public domain, under marketplace.
lease or concession, suitable to agriculture, subject to
prior rights, homestead rights of small settlers and the "The State may lease undeveloped lands of the public
rights of indigenous communities to their ancestral lands. domain to qualified entities for the development of capital-
intensive farms, and traditional and pioneering crops
"The State may resettle landless farmers and farm especially those for exports subject to the prior rights of
workers in its own agricultural estates, which shall be the beneficiaries under this Act."
distributed to them in the manner provided by law.
Section 2. Section 3 of Republic Act No. 6657, as amended, is
"By means of appropriate incentives, the State shall hereby further amended to read as follows:
encourage the formation and maintenance of economic-
size family farms to be constituted by individual "SEC. 3. Definitions. - For the purpose of this Act, unless
beneficiaries and small landowners. the context indicates otherwise:
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himself/herself, or primarily with the assistance of his/her "(b) All lands of the public domain in excess of the
immediate farm household, whether the land is owned by specific limits as determined by Congress in the
him/her, or by another person under a leasehold or share preceding paragraph;
tenancy agreement or arrangement with the owner
thereof. "(c) All other lands owned by the Government
devoted to or suitable for agriculture; and
"x x x
"(d) All private lands devoted to or suitable for
"(1) Rural women refer to women who are engaged agriculture regardless of the agricultural products
directly or indirectly in farming and/or fishing as their raised or that can be raised thereon.
source of livelihood, whether paid or unpaid, regular or
seasonal, or in food preparation, managing the "A comprehensive inventory system in consonance with
household, caring for the children, and other similar the national land use plan shall be instituted by the
activities." Department of Agrarian Reform (DAR), in accordance
with the Local Government Code, for the purpose of
Section 3. Section 4 of Republic Act No. 6657, as amended, is properly identifying and classifying farmlands within one
hereby further amended to read as follows: (1)year from effectivity of this Act, without prejudice to the
implementation of the land acquisition and distribution."
"SEC. 4.Scope. -The Comprehensive Agrarian Reform
Law of 1988 shall cover, regardless of tenurial Section 4. There shall be incorporated after Section 6 of
arrangement and commodity produced, all public and Republic Act No. 6657, as amended, new sections to read as
private agricultural lands as provided in Proclamation No. follows:
131 and Executive Order No. 229, including other lands of
the public domain suitable for agriculture: Provided, That "SEC. 6-A. Exception to Retention Limits. - Provincial, city
landholdings of landowners with a total area of five (5) and municipal government ,units acquiring private
hectares and below shall not be covered for acquisition agricultural lands by expropriation or other modes of
and distribution to qualified beneficiaries. acquisition to be used for actual, direct and exclusive
public purposes, such as roads and bridges, public
"More specifically, the following lands are covered by the markets, school sites, resettlement sites, local
CARP: government facilities, public parks and barangay plazas or
squares, consistent with the approved local
"(a) All alienable and disposable lands of the comprehensive land use plan, shall not be subject to the
public domain devoted to or suitable for five (5)-hectare retention limit under this Section and
agriculture. No reclassification of forest or mineral Sections 70 and 73(a) of Republic Act No. 6657, as
lands to agricultural lands shall be undertaken amended: Provided, That lands subject to CARP shall first
after the approval of this Act until Congress, undergo the land acquisition and distribution process of
taking into account ecological, developmental and the program: Provided, further, That when these lands
equity considerations, shall have determined by have been subjected to expropriation, the agrarian reform
law, the specific limits of the public domain; beneficiaries therein shall be paid just compensation."
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"SEC. 6-B. Review of Limits of Land Size. - Within six (6) beneficiaries. The intended beneficiary shall state under
months from the effectivity of this Act, the DAR shall oath before the judge of the city or municipal court that
submit a comprehensive study on the land size he/she is willing to work on the land to make it productive
appropriate for each type of crop to Congress for a and to assume the obligation of paying the amortization
possible review of limits of land sizes provided in this Act." for the compensation of the land and the land taxes
thereon; all lands foreclosed by government financial
Section 5. Section 7 of Republic Act No. 6657, as amended, is institutions; all lands acquired by the Presidential
hereby further amended to read as follows: Commission on Good Government (PCGG); and all other
lands owned by the government devoted to or suitable for
"SEC. 7. Priorities. - The DAR, in coordination with the agriculture, which shall be acquired and distributed
Presidential Agrarian Reform Council (PARC) shall plan immediately upon the effectivity of this Act, with the
and program the final acquisition and distribution of all implementation to be completed by June 30, 2012;
remaining unacquired and undistributed agricultural lands
from the effectivity of this Act until June 30, 2014. Lands "Phase Two: (a) Lands twenty-four (24) hectares up to
shall be acquired and distributed as follows: fifty (50) hectares shall likewise be covered for purposes
of agrarian reform upon the effectivity of this Act. All
"Phase One: During the five (5)-year extension period alienable and disposable public agricultural lands; all
hereafter all remaining lands above fifty (50) hectares arable public agricultural lands under agro-forest, pasture
shall be covered for purposes of agrarian reform upon the and agricultural leases already cultivated and planted to
effectivity of this Act. All private agricultural lands of crops in accordance with Section 6, Article XIII of the
landowners with aggregate landholdings in excess of fifty Constitution; all public agricultural lands which are to be
(50) hectares which have already been subjected to a opened for new development and resettlement: and all
notice of coverage issued on or before December 10, private agricultural lands of landowners with aggregate
2008; rice and corn lands under Presidential Decree No. landholdings above twenty-four (24) hectares up to fifty
27; all idle or abandoned lands; all private lands (50) hectares which have already been subjected to a
voluntarily offered by the owners for agrarian notice of coverage issued on or before December 1O,
reform: Provided, That with respect to voluntary land 2008, to implement principally the rights of farmers and
transfer, only those submitted by June 30, 2009 shall be regular farmworkers, who are landless, to own directly or
allowed Provided, further, That after June 30, 2009, the collectively the lands they till, which shall be distributed
modes of acquisition shall be limited to voluntary offer to immediately upon the effectivity of this Act, with the
sell and compulsory acquisition: Provided, furthermore, implementation to be completed by June 30, 2012; and
That all previously acquired lands wherein valuation is
subject to challenge by landowners shall be completed "(b) All remaining private agricultural lands of landowners
and finally resolved pursuant to Section 17 of Republic with aggregate landholdings in excess of twenty-four (24)
Act No. 6657, as amended: Provided, finally, as hectares, regardless as to whether these have been
mandated by the Constitution, Republic Act No. 6657, as subjected to notices of coverage or not, with the
amended, and Republic Act No. 3844,as amended, only implementation to begin on July 1, 2012 and to be
farmers (tenants or lessees) and regular farmworkers completed by June 30, 2013;
actually tilling the lands, as certified under oath by the
Barangay Agrarian Reform Council (BARC) and attested "Phase Three: All other private agricultural lands
under oath by the landowners, are the qualified commencing with large landholdings and proceeding to
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medium and small landholdings under the following areas, in which case the acquisition and distribution of
schedule: private agricultural lands therein under advanced phases
may be implemented ahead of the above schedules on
"(a) Lands of landowners with aggregate landholdings the condition that prior phases in these provinces have
above ten (10) hectares up to twenty- four (24)hectares, been completed: Provided, That notwithstanding the
insofar as the excess hectarage above ten (10) hectares above schedules, phase three (b) shall not be
is concerned, to begin on July 1,2012 and to be implemented in a particular province until at least ninety
completed by June 30, 2013; and percent (90%) of the provincial balance of that particular
province as of January 1, 2009 under Phase One, Phase
"(b) Lands of landowners with aggregate landholdings Two (a), Phase Two (b),,and Phase Three (a), excluding
from the retention limit up to ten (10) hectares, to begin on lands under the jurisdiction of the Department of
July 1, 2013 and to be completed by June 30, 2014; to Environment and Natural Resources (DENR), have been
implement principally the right of farmers and regular successfully completed.
farmworkers who are landless, to own directly or
collectively the lands they till. "The PARC shall establish guidelines to implement the
above priorities and distribution scheme, including the
"The schedule of acquisition and redistribution of all determination of who are qualified beneficiaries: Provided,
agricultural lands covered by this program shall be made That an owner-tiller may be a beneficiary of the land
in accordance with the above order o f priority, which shall he/she does not own but is actually cultivating to the
be provided in the implementing rules to be prepared by extent of the difference between the area of the land
the PARC, taking into consideration the following: the he/she owns and the award ceiling of three (3) hectares:
landholdings wherein the farmers are organized and Provided, further, That collective ownership by the farmer
understand ,the meaning and obligations of farmland beneficiaries shall be subject to Section 25 of Republic
ownership; the distribution of lands to the tillers at the Act No. 6657, as amended: Provided, furthermore, That
earliest practicable time; the enhancement of agricultural rural women shall be given the opportunity t o participate
productivity; and the availability of funds and resources to in the development planning and implementation of this
implement and support the program: Provided, That the Act: Provided, finally, That in no case should the agrarian
PARC shall design and conduct seminars, symposia, reform beneficiaries' sex, economic, religious, social,
information campaigns, and other similar programs for cultural and political attributes adversely affect the
farmers who are not organized or not covered by any distribution of lands."
landholdings. Completion by these farmers of the
aforementioned seminars, symposia, and other similar Section 6. The title of Section 16of Republic Act No. 6657, as
programs shall be encouraged in the implementation of amended, is hereby further amended to read as follows:
this Act particularly the provisions of this Section.
"SEC. 16. Procedure for Acquisition and Distribution of
"Land acquisition and distribution shall be completed by Private Lands."
June 30, 2014 on a province-by- province basis. In any
case, the PARC or the PARC Executive Committee Section 7. Section 17of Republic Act No. 6657, as amended, is
(PARC EXCOM), upon recommendation by the Provincial hereby further amended to read as follows:
Agrarian Reform Coordinating Committee (PARCCOM),
may declare certain provinces as priority land reform
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"SEC. 17. Determination of Just Compensation. - In name of the Republic of the Philippines: Provided, That
determining just compensation, the cost of acquisition of the emancipation patents, the certificates of land
the land, the value of the standing crop, the current: value ownership award, and other titles issued under any
of like properties, its nature, actual use and income, the agrarian reform program shall be indefeasible and
sworn valuation by the owner, the tax declarations, the imprescriptible after one (1) year from its registration with
assessment made by government assessors, and seventy the Office of the Registry of Deeds, subject to the
percent (70%) of the zonal valuation of the Bureau of conditions, limitations and qualifications of this Act, the
Internal Revenue (BIR), translated into a basic formula by property registration decree, and other pertinent laws.
the DAR shall be considered, subject to the final decision The emancipation patents or the certificates of land
of the proper court. The social and economic benefits ownership award being titles brought under the operation
contributed by the farmers and the farmworkers and by of the torrens system, are conferred with the same
the Government t o the property as well as the indefeasibility and security afforded to all titles under the
nonpayment of taxes or loans secured from any said system, as provided for by Presidential Decree No.
government financing institution on the said land shall be 1529, as amended by Republic Act No. 6732.
considered as additional factors to determine its
valuation." "It is the ministerial duty of the Registry of Deeds to
register the title of the land in the name of the Republic of
Section 8. There shall be incorporated after Section 22 of the Philippines, after the Land Bank of the Philippines
Republic Act No. 6657, as amended, a new section to read as (LBP) has certified that the necessary deposit in the name
follows: of the landowner constituting full payment in cash or in
bond with due notice to the landowner and the registration
"SEC. 22-A. Order of Priority. - A landholding of a of the certificate of land ownership award issued to the
landowner shall be distributed first to qualified beneficiaries, and to cancel previous titles pertaining
beneficiaries under Section 22, subparagraphs (a) and (b) thereto.
of that same landholding up to a maximum of three (3)
hectares each. Only when these beneficiaries have all "Identified and qualified agrarian reform beneficiaries,
received three (3) hectares each, shall the remaining based on Section 22 of Republic Act No. 6657, as,
portion of the landholding, if any, be distributed to other amended, shall have usufructuary rights over the
beneficiaries under Section 22, subparagraphs (c), (d), awarded land as soon as the DAR takes possession of
(e), (f), and (g)." such land, and such right shall not be diminished even
pending the awarding of the emancipation patent or the
Section 9. Section 24 of Republic Act No. 6657, as amended, is certificate of land ownership award.
hereby further amended to read as follows:
"All cases involving the cancellation of registered
"SEC. 24. Award to Beneficiaries. - The rights and emancipation patents, certificates of land ownership
responsibilities of the beneficiaries shall commence from award, and other titles issued under any agrarian reform
their receipt of a duly registered emancipation patent or program are within the exclusive and original jurisdiction
certificate of land ownership award and their actual of the Secretary of the DAR."
physical possession of the awarded land. Such award
shall be completed in not more than one hundred eighty Section 10. Section 25 of Republic Act So. 6657, as amended, is
(180) days from the date of registration of the title in the hereby further amended to read as follows:
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"SEC.25. Award Ceilings for Beneficiaries. - Beneficiaries "(a) The current farm management system of the
shall be awarded an area not exceeding three (3) land covered by CARP will not be appropriate for
hectares, which may cover a contiguous tract of land or individual farming of farm parcels;
several parcels of land cumulated up to the prescribed
award limits. The determination of the size of the land for "(b) The farm labor system is specialized, where
distribution shall consider crop type, ,soil type, weather the farmworkers are organized by functions and
patterns and other pertinent variables or factors which are not by specific parcels such as spraying, weeding,
deemed critical for the success of the beneficiaries. packing and other similar functions;
"For purposes of this Act, a landless beneficiary is one "(c) The potential beneficiaries are currently not
who owns less than three (3) hectares of agricultural land. farming individual parcels hut collectively work on
large contiguous areas; and
"Whenever appropriate, the DAR shall encourage the
agrarian reform beneficiaries to form or join farmers' "(d) The farm consists of multiple crops being
cooperatives for purposes of affiliating with existing farmed in an integrated manner or includes non-
cooperative banks in their respective provinces or crop production areas that are necessary for the
localities, as well as forming blocs of agrarian reform viability of farm operations, such as packing
beneficiaries, corporations, and partnerships and joining plants, storage areas, dikes, and other similar
other farmers' collective organizations, including irrigators' facilities that cannot be subdivided or assigned to
associations: Provided, That the agrarian reform individual farmers.
beneficiaries shall be assured of corresponding shares in
the corporation, seats in the board of directors, and an "For idle and abandoned lands or underdeveloped
equitable share in the profit. agricultural lands to be covered by CARP, collective
ownership shall be allowed only if the beneficiaries opt for
"In general, the land awarded to a farmer- beneficiary it and there is a clear development plan that would require
should be in the form of an individual title, covering one collective farming or integrated farm operations exhibiting
(1)contiguous tract or several parcels of land cumulated the conditions described above. Otherwise, the land
up to a maximum of three (3) hectares. awarded to a farmer-beneficiary should be in the form of a
n individual title, covering one (1) contiguous tract or
"The beneficiaries may opt for collective ownership, such several parcels of land cumulated up to a maximum of
as co-workers or farmers cooperative or some other form three (3) hectares.
of collective organization and for the issuance of collective
ownership titles: Provided, That the total area that may be "In case of collective ownership, title to the property shall
awarded shall not exceed the total number of co-owners be issued in the name of the co- owners or the
or members of the cooperative or collective organization cooperative or collective organization as the case may be.
multiplied by the award limit above prescribed, except in If the certificates of land ownership award are given to
meritorious cases as determined by the PARC. cooperatives then the names of the beneficiaries must
also be listed in the same certificate of land ownership
"The conditions for the issuance of collective titles are as award.
follows:
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"With regard to existing collective certificates of land aggregate of three (3) annual amortizations. The LBP
ownership award, the DAR should immediately undertake shall advise the DAR of such proceedings and the latter
the parcelization of said certificates of land ownership shall subsequently award the forfeited landholding to
award, particularly those that do not exhibit the conditions other qualified beneficiaries. A beneficiary whose land, as
for collective ownership outlined above. The DAR shall provided herein, has been foreclosed shall thereafter be
conduct a review and redocumentation of all the collective permanently disqualified from becoming a beneficiary
certificates of land ownership award. The DAR shall under this Act."
prepare a prioritized list of certificates of land ownership
award to be parcelized. The parcelization shall commence Section 12. Section 27 of Republic Act No. 6657, as amended, is
immediately upon approval of this Act and shall not hereby further amended to read as follows:
exceed a period of three (3) years. Only those existing
certificates of land ownership award that are collectively "SEC. 27. Transferability of Awarded Lands. - Lands
farmed or are operated in an integrated manner shall acquired by beneficiaries under this Act or other agrarian
remain as collective." reform laws shall not be sold, transferred or conveyed
except through hereditary succession, or to the
Section 11. Section 26 of Republic Act No. 6657, as amended, is government, or to the LBP, or to other qualified
hereby further amended to read as follows: beneficiaries through the DAR for a period of ten (10)
years: Provided, however, That the children or the spouse
"SEC. 26. Payment by Beneficiaries. - Lands awarded of the transferor shall have a right to repurchase the land
pursuant to this Act shall be paid for by the beneficiaries from the government or LBP within a period of two (2)
to the LBP in thirty (30) annual amortizations at six years. Due notice of the availability of the land shall be
percent (6%) interest per annum. The annual amortization given by the LBP to the BARC of the barangay where the
shall start one (1) year from the date of the certificate of land is situated. The PARCCOM, as herein provided,
land ownership award registration. However, if the shall, in turn, be given due notice thereof by the BARC.
occupancy took place after the certificate of land
ownership award registration, the amortization shall start "The title of the land awarded under the agrarian reform
one (1) year from actual occupancy. The payments for the must indicate that it is an emancipation patent or a
first three (3) years after the award shall be at reduced certificate of land ownership award and the subsequent
amounts as established by the PARC: Provided, That the transfer title must also indicate that it is an emancipation
first five (5) annual payments may not be more than five patent or a certificate of land ownership award.
percent (5%) of the value of the annual gross production
as established by the DAR. Should the scheduled annual "If the land has not yet been fully paid by the beneficiary,
payments after the fifth (5th) year exceed ten percent the rights to the land may be transferred or conveyed,
(10%) of the annual gross production and the failure to with prior approval of the DAR, to any heir of the
produce accordingly is not due to the beneficiary's fault, beneficiary or to any other beneficiary who, as a condition
the LBP shall reduce the interest rate and/or reduce the for such transfer or conveyance, shall cultivate the land
principal obligation to make the repayment affordable. himself/herself. Failing compliance herewith, the land
shall be transferred to the LBP which shall give due notice
"The LBP shall have a lien by way of mortgage on the of the availability of the land in the manner specified in the
land awarded to the beneficiary; and this mortgage may immediately preceding paragraph.
be foreclosed by the LBP for non-payment of an
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"In the event of such transfer to the LBP, the latter shall cooperative or their respective federations approved by
compensate the beneficiary in one lump sump for the the farmers- beneficiaries that shall take the lead in the
amounts the latter has already paid, together with the agricultural development of the area. In addition, the DAR,
value of improvements he/she has made on the land." in close coordination with the congressional oversight
committee created herein, with due notice to the
Section 13. Section 36 of Republic Act No. 6657, as amended, is concerned representative of the legislative district prior to
hereby further amended to read as follows: implementation shall be authorized to package proposals
and receive grants, aids and other forms of financial
"SEC. 36. Funding for Support Services. - In order to assistance from any source"
cover the expenses and cost of support services, at least
forty percent (40%) of all appropriations for agrarian Section 14. Section 37 of Republic Act No. 6657, as amended, is
reform during the five (5) year extension period shall be hereby further amended to read as follows:
immediately set aside and made available for this
purpose: Provided, That the DAR shall pursue integrated "SEC. 37. Support Services for the Agrarian Reform
land acquisition and distribution and support services Beneficiaries. - The State shall adopt the integrated policy
strategy requiring a plan to be developed parallel to the of support services delivery to agrarian reform
land acquisition and distribution process. The planning beneficiaries. To this end, the DAR, the Department of
and implementation for land acquisition and distribution Finance, and the Bangko Sentral ng Pilipinas (BSP) shall
shall be hand-in-hand with support services institute reforms to liberalize access to credit by agrarian
delivery: Provided, further, That for the next five (5) years, reform beneficiaries. The PARC shall ensure that support
as far as practicable, a minimum of two (2) Agrarian services for agrarian reform beneficiaries are provided,
Reform Communities (ARCs) shall be established by the such as:
DAR, in coordination with the local government units, non-
governmental organizations, 'community-based "(a) Land surveys and titling;
cooperatives and people's organizations in each
legislative district with a predominant agricultural "(b) Socialized terms on agricultural credit
population: Provided, furthermore, That the areas in which facilities;
the ARCS are to be established shall have been
substantially covered under the provisions of this Act and
"Thirty percent (30%) of all appropriations for
other agrarian or land reform laws: Provided, finally, That
support services referred to in Section 36 of
a complementary support services delivery strategy for
Republic Act No. 6657, as amended, shall be
existing agrarian reform beneficiaries that are not in
immediately set aside and made available for
barangays within the ARCs shall be adopted by the DAR.
agricultural credit facilities: Provided, That one-
third (1/3) of this segregated appropriation shall
"For this purpose, an Agrarian Reform Community is be specifically allocated for subsidies to support
composed and managed by agrarian reform beneficiaries the initial capitalization for agricultural production
who shall be willing to be organized and to undertake the to new agrarian reform beneficiaries upon the
integrated development of an area and/or their awarding of the emancipation patent or the
organizations/ cooperatives. In each community, the DAR, certificate of land ownership award and the
together with the agencies and organizations remaining two-thirds (2/3) shall be allocated to
abovementioned, shall identify the farmers' association,
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provide access to socialized credit to existing "(d) Infrastructure such as, but not limited to,
agrarian reform beneficiaries, including the access trails, mini-dams, public utilities, marketing
leaseholders: Provided, further, the LBP and other and storage facilities;
concerned government financial institutions,
accredited savings and credit cooperatives, "(e) Research, production and use of organic
financial service cooperatives and accredited fertilizers and other local substances necessary in
cooperative banks shall provide the delivery farming and cultivation; and
system for disbursement of the above financial
assistance to individual agrarian reform "(f) Direct and active DAR assistance in the
beneficiaries, holders of collective titles and education and organization of actual and potential
cooperatives. agrarian reform beneficiaries, at the barangay,
municipal, city, provincial, and national levels,
"For this purpose, all financing institutions may towards helping them understand their rights and
accept as collateral for loans the purchase orders, responsibilities as owner-cultivators developing
marketing agreements or expected farm- related trust relationships among
harvests: Provided, That loans obtained shall be themselves and their neighbors, and increasing
used in the improvement or development of the farm production and profitability with the ultimate
farm holding of the agrarian reform beneficiary or end of empowering them to chart their own
the establishment of facilities which shall enhance destiny. The representatives of the agrarian
production or marketing of agricultural products of reform beneficiaries to the PARC shall be chosen
increase farm income from the 'nominees of the duly accredited agrarian
therefrom: Provided, further, That of the remaining reform beneficiaries' organizations, or in its
seventy percent (70%) for the support services, absence, from organizations of actual and
fifteen percent (15%) shall be earmarked for farm potential agrarian reform beneficiaries as
inputs as requested by the duly accredited forwarded to and processed by the PARC
agrarian reform beneficiaries' organizations, such EXCOM.
as, but not limited to: (1) seeds, seedlings and/or
planting materials; (2) organic fertilizers; (3) "The PARC shall formulate policies to ensure that support
pesticides; (4)herbicides; and (5) farm animals, services for agrarian reform beneficiaries shall be
implements/'machineries; and five percent (5%) provided at all stages of the program implementation with
for seminars, trainings and the like to help the concurrence of the concerned agrarian reform
empower agrarian reform beneficiaries. beneficiaries.
"(c) Extension services by way of planting, "The PARC shall likewise adopt, implement, and monitor
cropping, production and post-harvest technology policies and programs to ensure the fundamental equality
transfer, as well as marketing and management of women and men in the agrarian reform program as well
assistance and support to cooperatives and as respect for the human rights, social protection, and
farmers' organizations; decent working conditions of both paid and unpaid men
and women farmer-beneficiaries.
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"The Bagong Kilusang Kabuhayan sa Kaunlaran (BKKK) complaints and grievances principally related t o their
Secretariat shall be transferred and attached t o the LBP, rural activities."
for its supervision including all its applicable and existing
funds, personnel, properties, equipment and records. Section 16. Section 38 of Republic Act No. 6657, as amended, is
hereby further amended to read as follows:
"Misuse or diversion of the financial and support services
herein provided shall result in sanctions against the "SEC. 38. Support Services for Landowners. - The PARC,
beneficiary guilty thereof, including the forfeiture of the with the assistance of such other government agencies
land transferred to him/her or lesser sanctions as may be and instrumentalities as it may direct, shall provide
provided by the PARC, without prejudice to criminal landowners affected by the CARP and prior agrarian
prosecution." reform programs with the following services:
Section 15. There shall be incorporated after Section 37 of "(a) Investment information, financial and
Republic Act No. 6657, as amended, a new section to read as counseling assistance, particularly investment
follows: information on government-owned and/or
-controlled corporations and disposable assets of
"SEC. 37-A. Equal Support Services for Rural Women. - the government in pursuit of national
Support services shall be extended equally to women and industrialization and economic independence:
men agrarian reform beneficiaries.
"(b) Facilities, programs and schemes for the
"The PARC shall ensure that these support services, as conversion or exchange of bonds issued for
provided for in this Act, integrate the specific needs and payment of the lands acquired with stocks and
well-being of women farmer- beneficiaries taking into bonds issued by the National Government, the
account the specific requirements of female family BSP and other government institutions and
members of farmer- beneficiaries. instrumentalities;
"The PARC shall also ensure that rural women will be "(c) Marketing of agrarian reform bonds, as well
able to participate in all community activities. To this as promoting the marketability of said bonds in
effect, rural women are entitled to self-organization in traditional and non-traditional financial markets
order to obtain equal access to economic opportunities and stock exchanges: and/or
and to have access to agricultural credit and loans,
marketing facilities and technology, and other support "(d) Other services designed t o utilize
services, and equal treatment in land reform and productively the proceeds of the sale of such
resettlement schemes. lands for rural industrialization.
"The DAR shall establish and maintain a women's desk, "A landowner who invests in rural-based industries shall
which will be primarily responsible for formulating and be entitled to the incentives granted to a registered
implementing programs and activities related to the enterprise engaged in a pioneer or preferred area of
protection and promotion of women's rights, as well as investment as provided for in the Omnibus Investment
providing an avenue where women can register their Code of 1987,or to such other incentives as the PARC,
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the LBP, or other government financial institutions shall Luzon, Visayas and Mindanao; six (6) representatives of
provide. agrarian reform beneficiaries, two (2) each from Luzon,
Visayas and Mindanao: Provided, That at least one (1) of
"The LBP shall redeem a landowner's agrarian reform them shall be from the indigenous
bonds at face value as an incentive: Provided, That at peoples: Provided, further, That at least one (1)of them
least fifty percent (50%) of the proceeds thereof shall be shall come from a duly recognized national organization
invested in a Board of Investments (BOI)-registered of rural women or a national organization of agrarian
company or in any agri-business or agro-industrial reform beneficiaries with a substantial number of women
enterprise in the region where the CARP-covered members: Provided, finally, That at least twenty percent
landholding is located. An additional incentive of two (20%) of the members of the PARC shall be women but in
percent (2%) in cash shall be paid to a landowner who no case shall they be less than two (Z)."
maintains his/her enterprise as a going concern for five
(5) years or keeps his/her investments in a BOI- Section 18. Section 50 of Republic Act No. 6657, as amended, is
registered firm for the same period: Provided, further, hereby further amended to read as follows:
That the rights of the agrarian reform beneficiaries are
not, in any way, prejudiced or impaired thereby. "SEC. 50. Quasi-Judicial Powers of the DAR. - The DAR
is hereby vested with primary jurisdiction to determine and
"The DAR, the LBP and the Department of Trade and adjudicate agrarian reform matters and shall have
Industry shall jointly formulate the program to carry out exclusive original jurisdiction over all matters involving the
these provisions under the supervision of the PARC: implementation of agrarian reform, except those falling
Provided, That in no case shall the landowners' sex, under the exclusive jurisdiction of the Department of
economic, religious, social, cultural and political attributes Agriculture (DA) and the DENR.
exclude them from accessing these support services."
"It shall not be bound by technical rules of procedure and
Section 17. Section 41 of Republic Act No. 6657, as amended, is evidence but shall proceed to hear and decide all cases,
hereby further amended to read as follows: disputes or controversies in a most expeditious manner,
employing all reasonable means to ascertain the facts of
"SEC. 41. The Presidential Agrarian Reform Council. - every case in accordance with justice and equity and the
The Presidential Agrarian Reform Council (PARC) shall merits of the case. Toward this end, it shall adopt a
be composed of the President of the Philippines as uniform rule of procedure to achieve a just, expeditious
Chairperson, the Secretary of Agrarian Reform as Vice- and inexpensive determination of every action or
Chairperson and the following as members: Secretaries of proceeding before it.
the Departments of Agriculture; Environment and Natural
Resources; Budget and Management; Interior and Local "It shall have the power to summon witnesses, administer
Government; Public Works and Highways; Trade and oaths, take testimony, require submission of reports,
Industry; Finance; and Labor and Employment; Director- compel the production of books and documents and
General of the National Economic and Development answers to interrogatories and issue subpoena,
Authority; President, Land Bank of the Philippines; and subpoena duces tecum and to enforce its writs
Administrator, National Irrigation Administration; through sheriffs or other duly deputized officers. It shall
Administrator, Land Registration Authority; and six (6) likewise have the power to punish direct and indirect
representatives of affected landowners to represent
12
contempts in the same manner and subject to the same have legal standing and interest to intervene concerning
penalties as provided in the Rules of Court. their individual or collective rights and/or interests under
the CARP.
"Responsible farmer leaders shall be allowed to represent
themselves, their fellow farmers, or their organizations in "The fact of non-registration of such associations with the
any proceedings before the DAR Provided, however, That Securities and Exchange Commission, or Cooperative
when there are two or more representatives for any Development Authority, or any concerned government
individual or group, the representatives should choose agency shall not be used against them to deny the
only one among themselves to represent such party or existence of their legal standing and interest in a case
group before any DAB proceedings. filed before such courts and quasi-judicial bodies."
"Notwithstanding an appeal to the Court of Appeals, the Section 20. Section 55 of Republic Act No. 6657, as amended, is
decision of the DAR shall be immediately executory hereby further amended to read as follows:
except a decision or a portion thereof involving solely the
issue of just compensation." "SEC. 55. No Restraining Order or Preliminary Injunction.
-Except for the Supreme Court, no court in the Philippines
Section 19. Section 50 of Republic Act No. 6657, as amended, is shall have jurisdiction to issue any restraining order or writ
hereby further amended by adding Section 50-A to read as of preliminary injunction against the PARC, the DAR, or
follows: any of its duly authorized or designated agencies in any
case, dispute or controversy arising from, necessary to, or
"SEC. 50-A. Exclusive Jurisdiction on Agrarian Dispute. - in connection with the application, implementation,
No court or prosecutor's office shall take cognizance of enforcement, or interpretation of this Act and other
cases pertaining to the implementation of the CARP pertinent laws on agrarian reform."
except those provided under Section 57 of Republic Act
No. 6657, as amended. If there is an allegation from any Section 21. Section 63 of Republic Act No. 6657, as amended, is
of the parties that the case is agrarian in nature and one hereby further amended to read as follows:
of the parties is a farmer, farmworker, or tenant, the case
shall be automatically referred by the judge or the "SEC. 63. Funding Source. - The amount needed to
prosecutor to the DAR which shall determine and certify further implement the CARP as provided in this Act, until
within fifteen (15) days from referral whether an agrarian June 30, 2014, upon expiration of funding under Republic
dispute exists: Provided, That from the determination of Act No. 8532 and other pertinent laws, shall be funded
the DAR, an aggrieved party shall have judicial recourse. from the Agrarian Reform Fund and other funding sources
In cases referred by the municipal trial court and the in the amount of at least One hundred fifty billion pesos
prosecutor's office, the appeal shall be with the proper (P150,000,000,000.00).
regional trial court, and in cases referred by the regional
trial court, the appeal shall be to the Court of Appeals. "Additional amounts are hereby authorized to be
appropriated as and when needed to augment the
"In cases where regular courts or quasi-judicial bodies Agrarian Reform Fund in order to fully implement the
have competent jurisdiction, agrarian reform beneficiaries provisions of this Act during the five (5)-year extension
or identified beneficiaries and/or their associations shall period.
13
"Sources of funding or appropriations shall include the "All funds appropriated to implement the provisions of this
following: Act shall be considered continuing appropriations during
the period of its implementation: Provided, That if the
"(a) Proceeds of the sales of the Privatization and need arises, specific amounts for bond redemptions,
Management Office (PMO); interest payments and other existing obligations arising
from the implementation of the program shall be included
"e)All receipts from assets recovered and from in the annual General Appropriations
sales of ill-gotten wealth recovered through the Act: Provided, further, That all just compensation
PCGG excluding the amount appropriated for payments to landowners, including execution of
compensation to victims of human rights violations judgments therefore, shall only be sourced from the
under the applicable law; Agrarian Reform Fund: Provided, however, That just
compensation payments that cannot be covered within
the approved annual budget of the program shall be
"(c) Proceeds of the disposition and development
chargeable against the debt service program of the
of the properties of the Government in foreign
national government, or any unprogrammed item in the
countries, for the specific purposes of financing
General Appropriations Act: Provided, finally, That after
production credits, infrastructure and other
the completion of the land acquisition and distribution
support services required by this Act;
component of the CARP, the yearly appropriation shall be
allocated fully to support services, agrarian justice
"(d) All income and, collections of whatever form delivery and operational requirements of the DAR and the
and nature arising from the agrarian reform other CARP implementing agencies."
operations, projects and programs of the DAR and
other CARP implementing agencies;
Section 22. Section 65 of Republic Act No. 6657, as amended, is
hereby further amended to read as follows:
"(e) Portion of amounts accruing to the Philippines
from all sources of official foreign. aid grants and
"SEC. 65. Conversion of Lands. - After the lapse of five
concessional financing from all countries, to be
(5) years from its award, when the land ceases to be
used for the specific purposes of financing
economically feasible and sound for agricultural
productions, credits, infrastructures, and other
purposes, or the locality has become urbanized and the
support services required by this Act:
land will have a greater economic value for residential,
commercial or industrial purposes, the DAR, upon
"(f) Yearly appropriations of no less than Five application of the beneficiary or the landowner with
billion pesos (P5,000,000,000.00) from the respect only to his/her retained area which is tenanted,
General Appropriations Act; with due notice to the affected parties, and subject to
existing laws, may authorize the reclassification or
"(g) Gratuitous financial assistance from legitimate conversion of the land and its disposition: Provided, That
sources; and if the applicant is a beneficiary under agrarian laws and
the land sought to be converted is the land awarded to
"(h) Other government funds not otherwise him/her or any portion thereof, the applicant, after the
appropriated. conversion is granted, shall invest at least ten percent
(10%)of the proceeds coming from the conversion in
14
government securities: Provided, further, That the "(b) The forcible entry or illegal detainer by
applicant upon conversion shall fully pay the price of the persons who are not qualified beneficiaries under
land: Provided, furthermore, That irrigated and irrigable this Act to avail themselves of the rights and
lands, shall not be subject to conversion: Provided, finally, benefits of the Agrarian Reform Program:
That the National Irrigation Administration shall submit a
consolidated data on the location nationwide of all "(c) Any conversion by , any landowner of his/her
irrigable lands within one (1)year from the effectivity of agricultural' land into any non-agricultural use with
this Act. intent to avoid the application of this Act to his/her
landholdings and to dispossess his/her bonafide
"Failure to implement the conversion plan within five (5) tenant farmers:
years from the approval of such conversion plan or any
violation of the conditions of the conversion order due to "(d) The malicious and willful prevention or
the fault of the applicant shall cause the land to obstruction by any person, association or entity of
automatically be covered by CARP." the implementation of the CARP;
Section 23. Section 68 of Republic Act No. 6657, as amended, is "(e) The sale, transfer, conveyance or change of
hereby further amended to read as follows: the nature of lands outside of urban centers and
city limits either in whole or in part after the
"SEC. 68. Immunity of Government Agencies from Undue effectivity of this Act, except after final completion
Interference. - In cases falling within their jurisdiction, no of the appropriate conversion under Section 65 of
injunction, restraining order, prohibition or mandamus Republic Act No. 6657, as amended. The date of
shall be issued by the regional trial courts, municipal trial the registration of the deed of conveyance in the
courts, municipal circuit trial courts, and metropolitan trial Register of Deeds with respect to titled lands and
courts against the DAR, the DA, the DENR, and the the date of the issuance of the tax declaration to
Department of Justice in their implementation of the the transferee of the property with respect to
program." unregistered lands, as the case may be, shall be
conclusive for the purpose of this Act;
Section 24. Section 73 of Republic Act No. 6657, as amended, is
hereby further amended to read as follows: "(f) The sale, transfer or conveyance by a
beneficiary of the right to use or any other
"SEC. 73. Prohibited Acts and Omissions. - The following usufructuary right over the land he/she acquired
are prohibited: by virtue of being a beneficiary, in order to
circumvent the provisions of this Act;
"(a) The ownership or possession, for the purpose
of circumventing the provisions of this Act, of "(g) The unjustified, willful, and malicious act by a
agricultural lands in excess of the total retention responsible officer or officers of the government
limits or award ceilings by any person, natural or through the following:
juridical, except those under collective ownership
by farmer-beneficiaries; "(1) The denial of notice and/or reply to
landowners;
15
"(2) The deprivation of retention rights; "SEC. 74. Penalties. - Any person who knowingly or
willfully violates the provisions of this Act shall be
"(3) The undue or inordinate delay in the punished by imprisonment of not less than one (1) month
preparation of claim folders; or to not more than three (3) years or a fine of not less than
One thousand pesos (P1,000.00) and not more than
"(4) Any undue delay, refusal or failure in Fifteen thousand pesos (P15,000.00), or both, at the
the payment of just compensation; discretion of the court: Provided, That the following
corresponding penalties shall be imposed for the specific
violations hereunder:
"(h) The undue delay or unjustified failure of the
DAR, the LBP, the PARC, the PARCCOM, and
any concerned government agency or any "(a) Imprisonment of three (3) years and one (1)
government official or employee to submit the day to six (6) years or a fine of not less than Fifty
required report, data and/or other official thousand pesos (P50,000.00)and not more than
document involving the implementation of the One hundred fifty thousand pesos (P150,000.00),
provisions of this Act, as required by the parties or or both, at the discretion of the court upon any
the government, including the House of person who violates Section 73, subparagraphs
Representatives and the Senate of the Philippines (a), (b), (f), (g), and (h) of Republic Act No. 6657,
as well as their respective committees, and the as amended; and
congressional oversight committee created
herein; "(b) Imprisonment of six (6) years and one (1) day
to twelve (12) years or a fine of not less than Two
"(i) The undue delay in the compliance with the hundred thousand pesos (P200,000.00) and not
obligation to certify or attest and/or falsification of more than One million pesos (P1,000,000.00), or
the certification or attestation as required under both, at the discretion of the court upon any
Section 7 of Republic Act No. 6657, as amended; person who violates Section 73, subparagraphs
and (c), (d), (e), and (i) of Republic Act No. 6657, as
amended.
"(j) Any other culpable neglect or willful violations
of the provisions of this Act. "If the offender is a corporation or association, the officer
responsible therefor shall be criminally liable."
"In the case of government officials and employees, a
conviction under this Act is without prejudice to any civil Section 26. Congressional Oversight Committee. - A
case and/or appropriate administrative proceedings under Congressional Oversight Committee on Agrarian Reform
civil service law, rules and regulations. "Any person (COCAR) is hereby created to oversee and monitor the
convicted under this Act shall not be entitled to any implementation of this Act. It shall be composed of the
benefit provided for in any agrarian reform law or Chairpersons of the Committee on Agrarian Reform of both
program." Houses of Congress, three (3) Members of the House of
Representatives, and three (3) Members of the Senate of the
Philippines, to be designated respectively by the Speaker of the
Section 25. Section 74 of Republic Act No. 6657, as amended, is
House of Representatives and the President of the Senate of the
hereby further amended to read as follows:
Philippines.
16
The Chairpersons of the Committees on Agrarian Reform of the (e) Secure from the DAR or the LBP quarterly reports on
House of Representatives and of the Senate of the Philippines the disbursement of funds for the agrarian reform
shall be the Chairpersons of the COCAR. The Members shall program;
receive no compensation; however, traveling and other necessary
expenses shall be allowed. (f) Oversee and monitor, in such a manner as it may
deem necessary, the actual implementation of the
In order to carry out the objectives of this Act, the COCAR shall program and projects by the DAR;
be provided with the necessary appropriations for its operation.
An initial amount of Twenty-five million pesos (P25,000,000.00) is (g) Summon by subpoena any public or private citizen to
hereby appropriated for the COCAR for the first year of its testify before it, or require by subpoena duces tecum to
operation and the same amount shall be appropriated every year produce before it such records, reports, or other
thereafter. documents as may be necessary in the performance of its
functions;
The term of the COCAR shall end six (6) months after the
expiration of the extended period of five (5) years. (h) Engage the services of resource persons from the
public and private sectors as well as civil society including
Section 27. Powers and Functions of the COCAR. - The the various agrarian reform groups or organizations in the
COCAR shall have the following powers and functions: different regions of the country as may be needed;
(a) Prescribe and adopt guidelines which shall govern its (i) Approve the budget for the work of the Committee and
work; all disbursements therefrom, including compensation of all
personnel;
(b) Hold hearings and consultations, receive testimonies
and reports pertinent to its specified concerns; (j) Organize its staff and hire and appoint such employees
and personnel whether temporary, contractual or on
(c) Secure from any department, bureau, office or constancy subject to applicable rules; and
instrumentality of the government such assistance as may
be needed, including technical information, preparation (k) Exercise all the powers necessary and incidental to
and production of reports and submission of attain the purposes for which it is created.
recommendations or plans as it may require, particularly a
yearly report of the record or performance of each Section 28. Periodic Reports. - The COCAR shall submit to the
agrarian reform beneficiary as provided under Section 22 Speaker of the House of Representatives and to the President of
of Republic Act No. 6657, as amended; the Senate of the Philippines periodic reports on its findings and
recommendations on actions to be undertaken by both Houses of
(d) Secure from the DAR or the LBP information on the Congress, the DAR, and the PARC.
amount of just compensation determined to be paid or
which has been paid to any landowner; Section 29. Access to Information. - Notwithstanding the
provisions of Republic Act No. 1405 and other pertinent laws,
information on the amount of just compensation paid to any
17
landowner under Republic Act No. 6657, as amended, and other This Act which is a consolidation of Senate Bill No. 2666 and,
agrarian reform laws shall be deemed public information. House Bill No. 4077 was finally passed by the Senate and the
House of Representatives on August 3, 2009 and July 29, 2009,
Section 30. Resolution of Case. - Any case and/or proceeding respectively.
involving the implementation of the provisions of Republic Act No.
6657, as amended, which may remain pending on June 30, 2014 (Sgd.) MARILYN B. BARUA- (Sgd.) EMMA LIRIO-REYES
shall be allowed to proceed to its finality and be executed even YAP Secretary of Senate
beyond such date. Secretary General
House of Represenatives
Section 31. Implementing Rules and Regulations. - The PARC
and the DAR shall provide the necessary implementing rules and
Approved: August 7, 2009
regulations within thirty (30) days upon the approval of this Act.
Such rules and regulations shall take effect on July 1, 2009 and it
shall be published in at least two (2) newspapers of general (Sgd.) GLORIA MACAPAGAL-ARROYO
circulation. President of the Philippines
Approved,
18