Scope of carp
- 2. General o All public and private agricultural lands, including other lands of the public domain suitable to agriculture; o Landholdings of landowners with a total area of five (5) hectares and below are not covered by the acquisition and distribution to qualified beneficiaries. o All agricultural lands including public lands: those devoted principally to the raising of crops such as rice, sugarcane, tobacco, coconuts, or to pasturing, dairying inland fishery and other agricultural uses.
- 3. In particular All alienable and disposable lands of the public domain devoted to or suitable for agriculture. No reclassification of forest or mineral lands to agricultural land shall be undertaken until Congress shall have determined by the law, specific limits of the public domain. All land of the public domain in excess of the specific limits as determined by Congress taking into account ecological development and equity considerations All other lands owned by the government devoted to or suitable for agriculture;
- 4. All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon. Landholdings subject of expropriation or acquisition by local government units not actually, directly and exclusively used for non-agricultural purposes are subject if one or more conditions apply: o There is an agricultural activity. o The land is suitable for agriculture; o The land is presently occupied and tilled by tenants.
- 5. Schedule of Implementation The distribution of all covered by the Act shall be implemented immediately and completed within ten (10) years from the effectivity thereof. Under R.A. No. 9700, the acquisition and distribution of agricultural lands under CARP shall be completed by June 30, 2014.
- 6. Retention Limits The size of any public or private agricultural land which a person may own or retain directly or indirectly shall vary according to factors governing a viable family-sized farm, such as commodity produced, terrain, infrastructure and soil fertility as determined by the Presidential Agrarian Reform Council (PARC).
- 7. o Three hectares may be awarded to each child of the landowner, subject to the following: o He is at least 15 years of age o He is actually tilling the land or directly managing the farm
- 8. Exceptions o Landowners whose lands have been covered by Presidential Decree No. 27 shall be allowed to keep the area originally retained by them thereunder o Original homestead grantees or their direct compulsory heirs who still own the original homestead at the time of the approval of the law shall retain the same areas as long as they continue to cultivate said homestead. o Provincial, city and municipal government units acquiring private agricultural lands by expropriation or other modes of acquisition. o Lands subject to CARP shall first undergo the land acquisition and distribution process of the program.
- 9. Review of limits of land size Within six months from July 1, 2009, the DAR shall submit a comprehensive study on the land size appropriate for each type of crop to Congress for a possible review of limits of land sizes provided in the Act.
- 10. Governing Rules on Land Owners o Landowners who own lands 5 hectares or less may file a request for the issuance of Certification of Retention o Landholdings covered by homestead grants and Free patents issued pursuant to Commonwealth Act No. 141 still owned by the original grantees or their direct compulsory heirs shall be retained by them o Heirs of deceased landowners o The landowner shall exercise his right of retention simultaneously o The landowner shall choose his retained area within 30 days
- 11. o The following factors shall be considered in choosing their retention area: o Terrain o Infrastructure available o Soil fertility o For marriages covered by the Family Code o The DAR shall notify the landowner (LO) through personal service o A tenant chooses to remain in the LO’s retained area
- 12. o Tenants lessees in the retained areas who do not wish to become leaseholders in the retained lands shall be given preference in other landholdings o The security of tenure of the farmers or farmworkers o Land transactions executed prior R.A No. 6657
- 13. Right to choose area. The right to choose the area to be retained, which shall be compact or contiguous, shall pertain to the landowner
- 14. Exceptions o Tenant chooses to remain in the retained area, he shall be considered a leaseholder and shall lose his right to be a beneficiary o Tenant chooses to be a beneficiary in another cultural land, he loses his right as a leaseholder to the land retained by the landowner.
- 15. Priorities Phase One: o All private agricultural lands of landowners with aggregate landholdings in excess of 50 hectares o Rice and corn lands under Presidential Decree No. 27 o All idle or abandoned lands o All private lands voluntarily offered by the owners for agrarian reform o All lands foreclosed by government financial institutions o All lands acquired by the Presidential Commission on Good Government o All other lands owned by the government devoted to, or suitable for agriculture
- 16. Phase Two o All alienable and disposable public agricultural lands o all arable public agricultural lands under agro-forest, pasture and agricultural leases already cultivated and planted to crops in accordance with Section 6, Article XIII of the Constitution; o all public agricultural lands which are to be opened for new development and resettlement; o and all private agricultural lands of landowners with aggregate holdings above 24 hectares up to 50 hectares o All remaining private agricultural lands of landowners with aggregate landholdings in excess of 24 hectares
- 17. Phase Three oLands of landowners with aggregate holdings above 10hectares up to 24 hectares insofar oLands of the landowners with aggregate landholdings from the retention limit up to 10 hectares
- 18. Rules and Guidelines o Rules o The farmers are organized and understand the meaning and obligations of farmland ownership o The distribution of lands to the tillers at the earliest practicable time o The enhancement of agricultural productivity o The availability of funds and resources to implement and support the program
- 19. Completion of the Land Acquisition and Distribution
- 20. Guidelines o Collective ownership by the farmer beneficiaries shall be subject to Section 25 of R.A. No. 6657 as amended o Rural woman shall be given the opportunity to participate in the development planning and implementation of the Act o In no case should the Agrarian reform beneficiaries sex, economic, religious, social, cultural and political attributes adversely affect the distribution of lkands.
- 21. Multinational Corporation o Implementation to be completed within three (3) years o Lease, management, grower or service contracts covering such lands covering an aggregate area in excess 41000 hectares o Contracts covering areas not in excess of 1000 hectares in the case of such corporations and associations o In no case will such leases and other agreements now being implemented extend beyond August 29, 1992
- 22. o Implementation not later than ten years o Distribution, formation of workers’ cooperative or association. o Production and income-sharing o Modern technology in production