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FAQs On CARP PDF
FAQs On CARP PDF
FAQs on CARP
What are the basic programs of the Department of Agrarian Reform (DAR) to help
its farmers-beneficiaries?
1. Distribution of all agricultural lands regardless of tenurial arrangement and
commodities produced. For non-land distribution however, the DAR strengthens
and protects the farmers security of tenure in leasehold and stock distribution
option.
2. Delivery of appropriate support services such as intensification of support
services; rural enterprise development, promotion of self-reliant livelihood
programs, continuous social marketing and advocacy campaigns.
3. Agrarian justice for agrarian-related cases (e.g. legal representation & adjudication
of cases)
Is the DAR land distribution program uniformly implemented in the country?
It would depend on the hectare target of the region. There are regions with high CARP
scope and the others are high on non-Land Acquisition & Distribution (LAD) programs.
Those with large remaining land acquisition balances are those with problematic
landholdings which are currently being worked out by the DAR. (e.g., CARP
balances in Negros, Region V balances, etc.,).
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FAQs on CARP
How does the DAR conduct its information dissemination drive to the public?
The DAR has a continuous education and information campaign. For instance, the
Agrarian Reform (AR) Advocacy Program is conducted regularly in schools and
institutions who would like to be oriented on CARP.
The Department also farms out information kit, newsletters, brochures, primers
and other IEC materials for dissemination and distribution to the public. It
also accommodates walk-in researchers from different sectors. This policy holds
true to all DAR offices (local and national). The DAR also has its own official
website. Interested public can log on anytime at the DAR website
www.dar.gov.ph for information and updates on CARP implementation.
FAQs on CARP
How does DAR identify an ARB?
The DAR in coordination with the Barangay Agrarian Reform Community (BARC)
registers all agricultural lessees, tenants and farmworkers who are qualified to be
beneficiaries of CARP. These potential beneficiaries with the assistance of the BARC
and the DAR shall provide the following data:
a. Names and members of their immediate farm household;
b. Owners or administrators of the lands they work on and length of tenurial
relationship;
c. Location and area of the land they work;
d. Crops planted; and
e. Share in the harvest or amount of rental paid or wages received
(Section 15 of RA 6657; DAR AO 10 series of 1989 and AO No. 7 series of 2003)
FAQs on CARP
What are private agricultural lands (PAL)?
These are lands already titled in the name of
private individuals. These also include
agricultural lands which have a Torrens title, free-patent titles and those with
homestead patents.
Are uplands which are being agriculturally developed exempted from CARP
coverage?
If at the advent of CARP said lands are already agriculturally developed and productive,
they are not exempted from CARP.
However, for those lands which are above 18% slope, they are exempted from CARP
coverage. (Sec. 10 of RA 6657).
FAQs on CARP
Can the Church become a landowner of an agricultural land?
A religious institution like the Catholic church is considered a juridical person,
meaning it has a legal personality like that of an individual. It can maintain up to 5
hectares of agricultural lands.
Are schools and state universities covered by CARP?
They are exempted from CARP coverage if the use of the land is directly and
exclusively for educational purposes. (Section 10 of RA 6657)
What about military reservations, are they exempted from CARP coverage?
Pursuant to Sec. 10, RA 6657, all defense sites and military reservations are
considered inalienable (cannot be disposed) public lands because ownership is state
owned.
In a stock distribution option (non-land transfer program of CARP), the farmers become
stock owners, meaning, they are given rights to purchase capital stocks, equities or
shares from the corporate landowners and association.
Having acquired shares of stocks, dividend and other financial benefits and
representation in the seat of the board of directors; they also acquire management
rights in the corporate farm concerned. (Section 31-Corporate Landowners, RA 6657)
In a production and profit sharing scheme, there is a distribution of shares of
production and profit for the farmworkers who are awaiting the eventual transfer of
land ownership to them. (Section 32 of RA 6657)
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FAQs on CARP
While the ARBs await the full distribution of the lands in a big farm corporation. A
corporation who earns 5 million or more in a year should give the farm workers or
their farmers association a 3% gross sales of the land production within 60 days of the
fiscal year as additional compensation. (Section 32 RA 6657)
Are farm lands under Multinational Corporations covered by CARP?
Section 31 of RA 6657 states that farm corporations and multinationals are covered
under CARP.
Urban centers and city limits, either in whole or in part after the effectivity of RA 6657.
What agricultural lands do not require conversion clearance?
Lands already classified as commercial, industrial and residential prior to the
effectivity of CARP law on 15 June 1988 do not require conversion clearance.
FAQs on CARP
What is an illegal conversion?
Illegal conversion is the conversion of any landowner of his/her agricultural land
into any non-agricultural use with intent to avoid the application of RA 6657 to
his/her landholding and to dispossess his/het tenant farmers of the land tilled by
them; or the sale, transfer conveyance or change of the nature of lands outside
Do these factors controls what the final value of just compensation will be?
These factors are considered as standards to guide officials in determining just
compensation but these should not control or limit such determination.
Who is in charge in the summary administrative proceedings in the preliminary
determination of just compensation?
The venue for the summary administrative proceedings in the preliminary
determination of just compensation is dependent upon the amount of compensation
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FAQs on CARP
(Amended DARAB Rules of Procedures, 2003)
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FAQs on CARP
In case of default of payment of monthly amortization, is an ARB obliged to pay
additional interest?
In case of fortuitous event or force majeure circumstances like typhoons where an ARB
is not able to harvest, he or she is obliged to pay the Land Bank in the next cropping
season without additional interest.
As much as possible, the government does not want to force the ARBs to pay
additional interests. However, if for three (3) annual amortizations, the
ARB is still not able to pay the LBP, the awarded land will be forfeited and awarded to
other qualified beneficiaries (Section 26 of RA 6657)
What if the ten-year period has lapsed, can ownership of awarded agricultural
lands be transferred or sold?
Yes, transferability/ownership can be allowed, provided the agricultural land has been
fully paid and provided further that the transferee thereof is qualified under the CARP
and does not own more than 5 hectares of agricultural land.
Preference of transferability however, should be to the direct cultivators, the
government thru LBP, or other qualified beneficiaries. (Section 27, RA 6657)
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FAQs on CARP
What are the required documents in transferring the ownership of an awarded
landholding to another beneficiary?
The awardee/transferor is required to submit the following documents attached to
his/her letter request to transfer the awarded land to another beneficiary:
Certificate of full payment of amortization to be issued by LBP
Certificate of full payment of irrigation fees
Certification re: loans
Tax Declaration (Treasurers Office)
Affidavit of transferorno pending case at the DARAB or any of its adjudicators
Affidavit of aggregate area of landholding
Certified copy of ITR
Residence Certificate
Certification to be issued by the Provincial Assessors Office re: extent of
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FAQs on CARP
Can an Agrarian Reform Beneficiary (ARB) acquire title to his/her land awarded
through PD 27 or RA 6657?
Landownership of the beneficiary of CARP shall be evidenced by a Certificate of Land
Ownership Award (CLOA). The certificate shall contain the restrictions provided in
RA 6657 and shall be recorded in the Registry of Deeds (ROD) concerned and
annotated on the certificate of title.
A Certificate of Land Transfer shall be issued in duplicate by the DAR for every land
brought under Operation Land Transfer. The original shall be kept by the beneficiary
and the duplicate in the Registry of Deeds. After the ARBss shall have fully complied
with the requirements for a grant of title under PD 27, an Emancipation Patent (EP)
shall be issued by DAR.
Are ARBs
6657?
required
Yes. The DAR shall prepare by automated data processing a special registry book to be
known as the Provisional Register of Documents issued under PD 27 which shall be
kept and maintained in every ROD throughout the country.
Said registry shall be registry of:
All Certificate of Land Transfer (CLT) issued pursuant to PD No. 27; and
All subsequent transactions affecting Certificate of Land Transfer such as
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FAQs on CARP
What documents will show that the beneficiary is the ultimate owner of the
awarded land under CARP?
The Certificate of Landonership Award (CLOA) is a proof of ownership of the
agrarian reform beneficiary with respect to private agricultural land covered under RA
6657.
What are the grounds in cancelling an awarded CLOA/EP?
An awarded CLOA/EP an be cancelled if the beneficiary violates any of the following:
(Section 4, AO 6, Series of 2011)
FAQs on CARP
Ateneo de Manila, proved positive results on the economic lives of the ARBs under the
program.
What are the strategic directions of DAR as it faces the challenges in
implementation?
CARP
1. Completing the land acquisition and distribution (LAD) in the CARPER balance
focusing on large-sized private agricultural lands; Redeployment of competent
DAR personnel to the 20 high LAD provinces; Streamline LAD processes and
procedures; and Enhance the database of landholdings for ease in targeting and
monitoring the LAD;
2. Prioritizing the subdivision of collective Certificates of Land Ownership Awards
(CLOAs) involving LBP-compensable lands;
3. Fast tracking the documentation and settlement of landowner compensation for
already distributed lands;
4. Synergizing and rationalizing the efforts of the CARP implementing agencies in all
processes of LAD;
5. Partnering with the civil society organizations(CSOs) in the delivery of LTI services,
particularly the large-sized private agricultural lands (PAL);
6. Adopting a job-sharing scheme wherein under the ONE-DAR concept, provinces
will share responsibilities (low-LAD provinces with high LAD provinces) to minimize
the need to hire new personnel; and
7. Increasing the utilization of the services of geodetic engineers to assist the
provincial and municipal offices in land acquisition considering the difficulty
of hiring new personnel and the demands of a post-2014 scenario.
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FAQs on CARP
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Source:
Produced by:
Bureau of Agrarian Reform Information and Education (BARIE)
Communications Development Division (CDD)
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