Implementation of Land Acquisition and Distribution
- Land acquisition and distribution applies to all lands under the program's coverage.
- Subject to priorities, retention limits prescribed by Congress, ecological, developmental, and equity considerations.
- Just compensation must be paid to affected landowners.
Exemptions from CARP
- Lands necessary for national defense.
- School sites and campuses.
- Religious purposes.
- Penal colonies.
- Government research and quarantine centers.
Compulsory Registration of Agricultural Lands
- All owners, lessees, or managers of agricultural lands must file sworn statements within 180 days.
- Statement to include description, income, tenants, crops, contracts, market value, and owner's declared fair market value.
- Failure to register results in valuation based on local assessor's value for compensation.
- Owner's declaration sets basis for real property tax after registration period.
Private Land Acquisition Procedures
- DAR identifies lands, landowners, and beneficiaries, then announces acquisition decision and offers payment.
- Landowner has 15 days to accept or reject offer.
- Acceptance leads to payment by Land Bank of the Philippines (LBP) within 15 days after title surrender.
- Rejection or silence triggers administrative proceedings to determine compensation.
- Trust fund established by LBP after decision, payment, or acceptance.
- Land possession transfers to DAR; TCT issued in the name of Republic of the Philippines as trustee for beneficiaries.
- Beneficiaries obtain ownership rights upon issuance of Certificate of Landownership Award.
Compensation to Landowners
- Based on owner's declared fair market value, with controls set by Presidential Agrarian Reform Council (PARC).
- Payment options include bond payment over 10 years, direct payment by beneficiaries, or other modes approved by PARC.
- Bonds bear interest aligned with treasury bill rates, maturing over ten years.
Support to Landowners
- LBP to provide investment information, bond conversion/exchange assistance, and bond marketing services.
Voluntary Land Transfer and Sale
- Landowners may enter voluntary agreements with beneficiaries under DAR-approved terms.
- Guidelines ensure beneficiaries are those eligible under government acquisition, land size matches government acquisition, full disclosure of terms.
- Agreements are binding, recorded, and monitored by DAR.
- Government to purchase voluntarily offered productive agricultural lands, exempt from capital gains and other taxes.
Corporate Landowners
- May offer workers rights to purchase proportional capital stock related to land assets.
- PARC approval of stock distribution plan satisfies land distribution requirements under CARP.
Continuation and Renewal of Leases and Management Contracts
- Pre-existing registered leases and contracts continue under original terms for up to 5 years.
- Renewals require beneficiary consent.
- Rental renegotiations aided by Barangay Agrarian Reform Council (BARC) if terms are unacceptable.
- Mortgages and claims assumed by government up to compensation value.
Payment Terms for Beneficiaries
- 30 equal annual payments at 6% interest per annum.
- First payment due one year after resale.
- 2% rebate for timely amortizations.
- Annual payments capped at 10% of land's annual gross production value.
- LBP may reduce interest or principal to ensure affordability.
- LBP holds mortgage lien with foreclosure upon default of 3 annual amortizations.
Credit Support for Beneficiaries
- Eligible for production loans for one crop cycle, renewable upon repayment.
- Terms determined by LBP.
Collective or Individual Land Ownership
- Land parcels may be owned collectively or individually.
- Collective ownership entails undivided shares within retention limits.
- Beneficiaries decide on parcel operation or subdivision.
Distribution of Public Lands
- Alienable and disposable public lands suitable for agriculture, outside settlements, distributed by DENR with DAR certification.
Production Sharing for Large Agricultural Operators
- Operators with gross sales over P5 million annually must execute production sharing salary plans.
- At least 2.5% of gross sales distributed as additional farmworker compensation, capped at 100% of regular pay.
Quasi-Judicial Powers of DAR
- DAR has exclusive jurisdiction over agrarian reform matters except those under DENR and DA.
- Empowered to punish for contempt and issue subpoenas and writs.
- Decisions immediately executory but appealable to Regional Trial Courts.
Presidential Agrarian Reform Council (PARC)
- Created to coordinate CARP implementation and support services.
- Composed of President (Chairman), various Cabinet Secretaries, agency heads, and representatives of beneficiaries and landowners.
- DAR Secretary acts as Director-General and Secretariat provider.
- PARC formulates policies, sets acquisition schedules, validates compensation controls, and recommends small farm economies.
- Executive Committee handles program implementation plans considering priorities and constitutional guidelines.
Barangay Agrarian Reform Council (BARC)
- Convened at barangay level by DAR to support agrarian reform.
- Composed of farmer beneficiaries and non-beneficiaries, cooperatives, NGOs, landowners, local officials, and DAR, DA, DENR, and LBP representatives.
- Functions: implementation support, conflict mediation, and performance of delegated tasks.
Financing: Agrarian Reform Fund
- Special fund of P50 billion created from proceeds of Asset Privatization Trust and recovered ill-gotten wealth.
- Funds are automatically appropriated for CARP purposes.
- Additional P2.7 billion appropriated as supplemental funds.
Sanctions
- Permanent disqualification from benefits for persons/entities who prematurely occupy lands.
- Liability for contempt for those obstructing CARP implementation.
Protection of Indigenous Ancestral Lands
- Indigenous peoples' rights to ancestral lands protected within national unity framework.
Immunity from Judicial Interference
- No injunctions or restraining orders against DAR, DA, DENR, or DOJ in CARP implementation.
Support from Other Government Entities
- PARC may call on government agencies and government-owned corporations for assistance.
Application of Existing Agrarian Laws
- PD No. 27 remains effective for rice and corn lands.
- RA No. 3844 and other non-conflicting laws have supplemental effect.
Free Registration of Titles and Patents
- Registers of Deeds instructed to register titles and documents required for CARP free of charge.
Separability Clause
- Invalidity of any section does not affect the remainder of the Order.
Repealing Clause
- Laws and issuances inconsistent with this Order are repealed or amended.
Effectivity
- The Order takes effect 15 days after publication in the Official Gazette or a newspaper of general circulation.