Law Summary
Definitions
- "Farmer" includes any person primarily engaged in farming or fishery, regardless of land ownership status.
- "Rural women" are defined broadly, encompassing all women involved directly or indirectly in agriculture or related household work.
Scope of CARP
- Covers all public and private agricultural lands suitable for agriculture, regardless of tenancy or commodity.
- Lands below five hectares owned by landowners are excluded.
- Coverage includes:
- Alienable and disposable public agricultural lands.
- Lands of the public domain beyond limits defined by law.
- Government-owned agricultural lands.
- Private agricultural lands regardless of produce.
- Department of Agrarian Reform (DAR) to institute land inventory system within one year.
Exceptions and Land Size Review
- Government units acquiring land for public purpose exempted from five-hectare retention limit but must go through land acquisition and distribution.
- DAR to submit a study within six months for Congress to review land size limits.
Land Acquisition Priorities and Phases
- Prioritized acquisition and distribution schedule until June 30, 2014, divided into three phases:
- Phase One: Lands above 50 hectares, idle and abandoned lands, lands already under notice of coverage, government lands.
- Phase Two: Lands 24 to 50 hectares, alienable public lands, lands for resettlement.
- Phase Three: Lands above 10 up to 24 hectares and lands from retention limit to 10 hectares.
- Final distribution priority to tenants and regular farmworkers certified under oath.
- Completion deadlines set per phase.
- Collective ownership subject to conditions and regulations; women and marginalized groups are ensured participation.
Procedure for Acquisition and Distribution
- Title Registration: Emancipation patents and certificates of land ownership award issued are indefeasible one year after registration.
- Usufructuary rights granted upon DAR possession granting benefits to agrarian reform beneficiaries prior to title issuance.
- Jurisdiction over cancellation cases exclusively with DAR.
Award Ceiling and Ownership
- Individual beneficiaries awarded up to 3 hectares, subject to farm conditions.
- Collective ownership allowed if farm management or land characteristics justify it.
- Parcelization of existing collective titles required if not meeting collective criteria.
Payment Terms
- Beneficiaries pay Land Bank of the Philippines in 30 annual installments with 6% interest.
- Amortization starts one year after title registration or actual occupancy.
- Initial years have reduced payments capped at 5% of annual gross production.
- LBP can foreclose land after 3 years of nonpayment.
Transfer Restrictions
- Transfer of awarded lands restricted for 10 years, except hereditary succession, government, LBP, or qualified beneficiaries.
- Rights to repurchase within 2 years offered to family members.
- Transfer approval by DAR required if land is not fully paid; failure leads to transfer to LBP.
Support Services and Funding
- At least 40% of agrarian reform appropriations earmarked for support services during extension period.
- Agrarian Reform Communities (ARCs) development mandated with integrated support.
- Support services include credit access reforms, socialized credit, infrastructure, research, training, and extension services.
- Specific provisions to ensure equal support for rural women with women’s desk in DAR.
- Misuse of support services leads to sanctions including forfeiture of land.
Support to Landowners
- Landowners assisted with investment counseling, bond conversion, and incentives for reinvestment in rural industries.
- Land Bank redeems agrarian reform bonds with conditions to invest proceeds locally.
- Access to support regardless of landowners’ attributes.
Governance and Jurisdiction
- Presidential Agrarian Reform Council (PARC) composition defined, including government officials and representatives of landowners, beneficiaries, indigenous peoples, and rural women.
- DAR given quasi-judicial powers, exempt from technical procedural rules, empowered to enforce and decide agrarian disputes expeditiously.
- Exclusive jurisdiction for DAR on agrarian reform implementation; courts may issue no injunctions except Supreme Court.
Penalties for Violations
- Prohibited acts include illegal land possession, conversion to avoid CARP, obstruction of implementation, unlawful transfer, and administrative delays.
- Penalties range from imprisonment of 1 month to 12 years and fines up to one million pesos depending on violation severity.
- Corporate officers are liable for corporate violations.
- Conviction bars benefits under agrarian reform laws.
Congressional Oversight
- Creation of Congressional Oversight Committee on Agrarian Reform (COCAR) to monitor CARP implementation.
- Powers include holding hearings, securing reports, summoning witnesses, and budget oversight.
- Annual appropriations for COCAR provided.
- Submission of periodic reports to Senate and House leadership.
- Just compensation payment data made public.
Implementation and Effectivity
- Rules and regulations to be issued within 30 days of enactment; effectivity set for July 1, 2009.
- Existing conflicting laws and orders repealed or amended.
- Provisions severable; invalid sections do not affect remaining law.
- CARP implementation funding set at P150 billion plus augmentation from various sources until 2014.
- Pending cases continue beyond extension period to finality.
- Provisions ensure the protection of irrigated and irrigable lands from conversion except under specified conditions.
The Act comprehensively strengthens CARP by extending its coverage, refining its mechanisms, enhancing support services, imposing strict penalties, ensuring inclusive governance, securing adequate funding, and institutionalizing oversight for effective agrarian reform in the Philippines.