QuestionsQuestions (Republic Act No. 9700)
RA 9700 is an act strengthening and extending the Comprehensive Agrarian Reform Program (CARP), extending acquisition and distribution of agricultural lands, reforming certain provisions of RA 6657, and appropriating funds. It mainly amends Republic Act No. 6657 (the Comprehensive Agrarian Reform Law of 1988).
Conversion must take into account tillers’ rights and national food security.
A farmer is a natural person whose primary livelihood is cultivation/production of agricultural crops, livestock, and/or fisheries, either personally or primarily with the assistance of the immediate farm household, whether the land is owned by the farmer or by another person under leasehold or share tenancy.
Rural women are defined as women engaged in farming and/or fishing directly or indirectly as livelihood (paid or unpaid; regular or seasonal), including household and similar activities. The law recognizes their independent rights to own/control land, receive just share of fruits, and be represented in advisory/decision-making bodies, independent of male relatives and civil status.
CARP covers, regardless of tenurial arrangement and commodity produced, all public and private agricultural lands as provided by Proclamation No. 131 and EO No. 229, including other public domain lands suitable for agriculture. It also enumerates specific categories: alienable/disposable public domain devoted/suitable for agriculture; public domain lands in excess of limits set by Congress; government-owned lands devoted/suitable for agriculture; and private lands devoted/suitable for agriculture.
Landholdings of landowners with a total area of five (5) hectares and below shall not be covered for acquisition and distribution to qualified beneficiaries.
Provincial, city, and municipal government units acquiring private agricultural lands by expropriation or other modes for actual, direct, exclusive public purposes (e.g., roads, bridges, public markets, school sites, resettlement sites, LGU facilities, parks, barangay plazas) are not subject to the five (5)-hectare retention limit—provided lands subject to CARP first undergo acquisition and distribution and beneficiaries are paid just compensation after expropriation.
Within six (6) months from effectivity, DAR must submit a comprehensive study on land size appropriate for each type of crop to Congress for possible review of land size limits.
Phase One covers, during the extension, remaining lands above 50 hectares and includes certain rice/corn lands already under notices of coverage, idle/abandoned lands, and voluntary offers submitted by June 30, 2009; implementation to complete by June 30, 2014 on a province basis with possible priority provinces. Phase Two covers 24 to 50 hectares and certain public agricultural lands; to complete by June 30, 2012 (for immediate distributions) and later parts by June 30, 2013 for remaining excess. Phase Three covers above retention limit up to 10 hectares (start July 1, 2013 to June 30, 2014) and above 10 up to 24 hectares (start July 1, 2012 to June 30, 2013).
Only farmers (tenants or lessees) and regular farmworkers actually tilling the land, certified under oath by the Barangay Agrarian Reform Council (BARC) and attested under oath by the landowners, are qualified. The beneficiary must state under oath before the judge that they are willing to work on the land, assume obligation to pay amortization for compensation and land taxes.
Just compensation determination must consider: cost of acquisition; value of standing crop; current value of like properties; nature and actual use and income; owner’s sworn valuation; tax declarations; assessment by government assessors; and 70% of BIR zonal valuation, with a basic formula by DAR, subject to final court decision. Social/economic benefits contributed by farmers/farmworkers and government, and non-payment of taxes/loans secured from government financing institutions on the land are additional factors.
A landholding is distributed first to qualified beneficiaries under Section 22(a) and (b) up to a maximum of 3 hectares each. Only after these beneficiaries receive 3 hectares each (if any remaining portion) is the remaining land distributed to other beneficiaries under Section 22(c)–(g).
Rights/responsibilities commence from receipt of duly registered emancipation patent or CLOA and actual physical possession. Award completion must be within 180 days from title registration in the Republic’s name. Emancipation patents/CLOAs and other agrarian reform titles are indefeasible and imprescriptible after one year from registration with the Registry of Deeds, subject to Act conditions/limitations, and they are Torrens-system titles with similar security as provided under PD 1529 as amended by RA 6732.
Beneficiaries are awarded not exceeding 3 hectares. A landless beneficiary owns less than 3 hectares of agricultural land. The DAR determines land size considering variables such as crop/soil/weather.
CARP-awarded lands generally cannot be sold, transferred, or conveyed except through hereditary succession, or to the government/LBP, or to other qualified beneficiaries through DAR for 10 years. Spouse/children of the transferor have a right to repurchase from government/LBP within two years. Transfers to heirs/other beneficiaries may be allowed with DAR approval if conditions are met (must cultivate).
It provides that no court or prosecutor’s office shall take cognizance of CARP implementation cases except those under Section 57 of RA 6657. If a case is agrarian in nature and one party is a farmer/farmworker/tenant, the judge/prosecutor must automatically refer it to the DAR to determine and certify within 15 days whether an agrarian dispute exists. Judicial recourse follows: from municipal trial court/prosecutor to proper RTC; from RTC to CA. Also, it clarifies that non-registration of associations is not a basis to deny legal standing.