Implementation of Land Acquisition and Distribution
- Land acquisition and distribution cover all lands under the program's scope.
- Subject to constitutional limits on priorities and retention.
- Just compensation must be paid to landowners.
Exemptions from Coverage
- Lands used for national defense, schools, religious purposes, penal colonies, research, and quarantine centers are exempt.
Compulsory Registration of Agricultural Lands
- All owners, lessees, or managers of agricultural land must file sworn statements with detailed information about the land, tenancy, crops, contracts, market values, and compensation expectations within 180 days.
- Failure to register results in valuation based on Assessor's value for compensation.
- Real property tax will be based on owner’s declared fair market value post-registration.
Private Land Acquisition Procedure
- DAR identifies landowners and beneficiaries, publishes acquisition decision and notifies landowners.
- Landowner has 15 days to accept or reject offer.
- If accepted, Land Bank of the Philippines (LBP) pays within 15 days after title surrender.
- If rejected/no response, DAR conducts summary proceedings to determine compensation.
- Decisions may be appealed in courts.
- DAR takes possession upon trust fund establishment or acceptance.
- Title transferred to the Republic as Trustee for beneficiaries.
Compensation to Landowners
- Based on owner’s declared market value, subject to PARC controls.
- Payment modes include: a. Bonds payable over 10 years with 10% upfront cash payment. b. Direct cash or kind payment by beneficiaries subject to DAR approval. c. Other PARC-approved payment modes.
Assistance to Landowners
- LBP provides investment counseling, bond conversion/exchange, and bond marketing services.
Voluntary Land Transfer
- Landowners may transfer land directly to beneficiaries under DAR-approved terms.
- Beneficiaries must be those eligible under government acquisition.
- Minimum transferred land area must equal government acquisition amount.
- Agreement binding and recorded with DAR with sanctions for non-compliance.
Voluntary Offer to Sell
- Government may purchase productive and suitable agricultural lands voluntarily offered.
- Transactions exempt from capital gains and related taxes.
Corporate Landowners
- May allow workers to purchase corporation stock proportional to land assets.
- PARC approval of stock distribution plan satisfies CARP land distribution requirements.
Leases, Management Contracts, and Mortgages
- Existing leases and contracts registered before this Order continue for 5 years.
- Renewal requires beneficiary agreement.
- Rentals may be renegotiated or determined by DAR.
- Government assumes mortgages up to landowner compensation value.
Payment Terms for Beneficiaries
- Payments made in 30 equal annual installments at 6% interest.
- 2% interest rebate for punctual payments.
- Annual amortization capped at 10% of land's annual gross production value.
- LBP may reduce interest or principal for affordability.
- Prepayment incentives provided.
- LBP lien via mortgage enforceable upon default.
Credit Support for Beneficiaries
- Eligible for production loans for one crop cycle secured and renewable upon repayment.
Collective or Individual Ownership
- Multiple beneficiaries may choose collective or individual ownership.
- Collective ownership divides shares equivalent to retention limits.
- Beneficiaries may decide operation or subdivision.
Distribution and Utilization of Public Lands
- Public agricultural lands are distributed by DENR to qualified beneficiaries certified jointly with DAR.
Production Sharing
- Operators with gross sales over P5 million annually must allocate at least 2.5% of gross sales to farmworkers as additional compensation.
- Compensation limited to 100% of regular annual compensation.
Quasi-Judicial Powers of DAR
- DAR has exclusive original jurisdiction over agrarian reform matters excluding DENR and DA jurisdictions.
- Powers include contempt sanctions and issuance of subpoenas.
- Decisions appealable to Regional Trial Courts but immediately executory.
Presidential Agrarian Reform Council (PARC)
- Composed of the President (Chairman), heads of key government agencies, and representatives of beneficiaries and landowners.
- DAR Secretary serves as Director-General and Secretariat provider.
- Formulates policies including acquisition scheduling, valuation control, and support services.
- Executive Committee oversees implementation program within 90 days.
- Basic CARP policies emphasize farmers’ rights, respect for small landowners, voluntary sharing, participation, ancestral land rights, agriculture support, and expropriation of idle lands.
Barangay Agrarian Reform Council (BARC)
- Convened by DAR at barangay level.
- Includes representatives of beneficiaries, non-beneficiaries, cooperatives, cooperatives, landowners, NGOs, government officials, and LBP.
- Functions include supporting program implementation, mediating agrarian conflicts, and performing delegated tasks.
Agrarian Reform Fund and Financing
- Special fund of P50 billion created from asset sales and recovered ill-gotten wealth.
- P2.7 billion supplemental appropriation for 1987.
- Funds automatically appropriated for CARP purposes.
Sanctions
- Permanent disqualification for those who prematurely claim benefits by entering land.
- Liability for contempt for willful obstruction of CARP implementation.
Protection of Ancestral Lands
- Rights of indigenous cultural communities to ancestral lands protected within national framework.
Immunity of Government Agencies
- Lower courts prohibited from issuing injunctions or restraining orders against DAR, DA, DENR, and DOJ implementing CARP.
Inter-Agency Cooperation
- PARC authorized to enlist assistance from other government bodies and corporations.
Application of Existing Agrarian Laws
- Presidential Decree No. 27 and Republic Act No. 3844 apply as supplementary laws where consistent.
Free Registration of Titles
- Registers of Deeds must register titles and related documents free of charge for CARP implementation.
Separability and Repealing Clauses
- Invalidity of any provision does not affect the rest.
- Inconsistent laws or provisions are repealed or amended.
Effectivity
- The Order takes effect 15 days after publication in the Official Gazette or a widely circulated newspaper.