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Republic Act No. 9700 August 7, 2009 6657, as amended, and to the ecological
needs of the nation, shall be undertaken to
AN ACT STRENGTHENING THE COMPREHENSIVE provide farmers and farmworkers with the
AGRARIAN REFORM PROGRAM (CARP), EXTENDING opportunity to enhance their dignity and
THE ACQUISITION AND DISTRIBUTION OF ALL improve the quality of their lives through
AGRICULTURAL LANDS, INSTITUTING NECESSARY greater productivity of agricultural lands.
REFORMS, AMENDING FOR THE PURPOSE CERTAIN
PROVISIONS OF REPUBLIC ACT NO. 6657, OTHERWISE "The agrarian reform program is founded on
KNOWN AS THE COMPREHENSIVE AGRARIAN REFORM the right of farmers and regular farmworkers,
LAW OF 1988, AS AMENDED, AND APPROPRIATING who are landless, to own directly or
FUNDS THEREFOR collectively the lands they till or, in the case
of other farmworkers, to receive a just share
Be it enacted by the Senate and House of of the fruits thereof. To this end, the State shall
Representatives of the Philippines in Congress encourage and undertake the just
assembled:: distribution of all agricultural lands, subject to
the priorities and retention limits set forth in
Section1. Section 2 of Republic Act No. 6657, as this Act, taking into account ecological,
amended, otherwise known as the Comprehensive developmental, and equity considerations,
Agrarian Reform Law of 1988, is hereby further and subject to the payment of just
amended to read as follows: compensation. The State shall respect the
right of small landowners, and shall provide
incentive for voluntary land-sharing.
"SEC. 2. Declaration of Principles and Policies.
- It is the policy of the State to pursue a
Comprehensive Agrarian Reform Program "As much as practicable, the
(CARP). The welfare of the landless farmers implementation of the program shall be
and farmworkers will receive the highest community-based to assure, among others,
consideration to promote social justice and that the farmers shall have greater control of
to move the nation toward sound rural farmgate prices, and easier access to credit.
development and industrialization, and the
establishment of owner cultivatorship of "The State shall recognize the right of farmers,
economic-size farms as the basis of Philippine farmworkers and landowners, as well as
agriculture. cooperatives and other independent
farmers’ organizations, to participate in the
"The State shall promote industrialization and planning, organization, and management of
full employment based on sound agricultural the program, and shall provide support to
development and agrarian reform, through agriculture through appropriate technology
industries that make full and efficient use of and research, and adequate financial,
human and natural resources, and which are production, marketing and other support
competitive in both domestic and foreign services.
markets: Provided, That the conversion of
agricultural lands into industrial, commercial "The State shall recognize and enforce,
or residential lands shall take into account, consistent with existing laws, the rights of rural
tillers' rights and national food women to own and control land, taking into
security. Further, the State shall protect consideration the substantive equality
Filipino enterprises against unfair foreign between men and women as qualified
competition and trade practices. beneficiaries, to receive a just share of the
fruits thereof, and to be represented in
"The State recognizes that there is not advisory or appropriate decision-making
enough agricultural land to be divided and bodies. These rights shall be independent of
distributed to each farmer and regular their male relatives and of their civil status.
farmworker so that each one can own
his/her economic-size family farm. This being "The State shall apply the principles of
the case, a meaningful agrarian reform agrarian reform, or stewardship, whenever
program to uplift the lives and economic applicable, in accordance with law, in the
status of the farmer and his/her children can disposition or utilization of other natural
only be achieved through simultaneous resources, including lands of the public
industrialization aimed at developing a self- domain, under lease or concession, suitable
reliant and independent national economy to agriculture, subject to prior rights,
effectively controlled by Filipinos. homestead rights of small settlers and the
rights of indigenous communities to their
"To this end, the State may, in the interest of ancestral lands.
national welfare or defense, establish and
operate vital industries. "The State may resettle landless farmers and
farm workers in its own agricultural estates,
"A more equitable distribution and ownership which shall be distributed to them in the
of land, with due regard to the rights of manner provided by law.
landowners to just compensation, retention
rights under Section 6 of Republic Act No. "By means of appropriate incentives, the
State shall encourage the formation and
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maintenance of economic-size family farms "(1) Rural women refer to women who are
to be constituted by individual beneficiaries engaged directly or indirectly in farming
and small landowners. and/or fishing as their source of livelihood,
whether paid or unpaid, regular or seasonal,
"The State shall protect the rights of or in food preparation, managing the
subsistence fishermen, especially of local household, caring for the children, and other
communities, to the preferential use of similar activities."
communal marine and fishing resources,
both inland and offshore. It shall provide Section 3. Section 4 of Republic Act No. 6657, as
support to such fishermen through amended, is hereby further amended to read as
appropriate technology and research, follows:
adequate financial, production and
marketing assistance and other services. The "SEC. 4.Scope. -The Comprehensive Agrarian
State shall also protect, develop and Reform Law of 1988 shall cover, regardless of
conserve such resources. The protection shall tenurial arrangement and commodity
extend to offshore fishing grounds of produced, all public and private agricultural
subsistence fishermen against foreign lands as provided in Proclamation No. 131
intrusion. Fishworkers shall receive a just share and Executive Order No. 229, including other
from their labor in the utilization of marine lands of the public domain suitable for
and fishing resources. agriculture: Provided, That landholdings of
landowners with a total area of five (5)
"The State shall be guided by the principles hectares and below shall not be covered for
that land has a social function and land acquisition and distribution to qualified
ownership has a social responsibility. Owners beneficiaries.
of agricultural land have the obligation to
cultivate directly or through labor "More specifically, the following lands are
administration the lands they own and covered by the CARP:
thereby make the land productive.
"(a) All alienable and disposable
"The State shall provide incentives to lands of the public domain devoted
landowners to invest the proceeds of the to or suitable for agriculture. No
agrarian reform program to promote reclassification of forest or mineral
industrialization, employment and lands to agricultural lands shall be
privatization of public sector enterprises. undertaken after the approval of this
Financial instruments used as payment for Act until Congress, taking into
lands shall contain features that shall account ecological, developmental
enhance negotiability and acceptability in and equity considerations, shall have
the marketplace. determined by law, the specific limits
of the public domain;
"The State may lease undeveloped lands of
the public domain to qualified entities for the "(b) All lands of the public domain in
development of capital-intensive farms, and excess of the specific limits as
traditional and pioneering crops especially determined by Congress in the
those for exports subject to the prior rights of preceding paragraph;
the beneficiaries under this Act."
"(c) All other lands owned by the
Section 2. Section 3 of Republic Act No. 6657, as Government devoted to or suitable
amended, is hereby further amended to read as for agriculture; and
follows:
"(d) All private lands devoted to or
"SEC. 3. Definitions. - For the purpose of this suitable for agriculture regardless of
Act, unless the context indicates otherwise: the agricultural products raised or
that can be raised thereon.
"x x x
"A comprehensive inventory system in
"(f) Farmer refers to a natural person whose consonance with the national land use plan
primary livelihood is cultivation of land or the shall be instituted by the Department of
production of agricultural crops, livestock Agrarian Reform (DAR), in accordance with
and/or fisheries either by himself/herself, or the Local Government Code, for the purpose
primarily with the assistance of his/her of properly identifying and classifying
immediate farm household, whether the farmlands within one (1)year from effectivity
land is owned by him/her, or by another of this Act, without prejudice to the
person under a leasehold or share tenancy implementation of the land acquisition and
agreement or arrangement with the owner distribution."
thereof.
Section 4. There shall be incorporated after Section
"x x x 6 of Republic Act No. 6657, as amended, new
sections to read as follows:
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"SEC. 6-A. Exception to Retention Limits. - amended, only farmers (tenants or lessees)
Provincial, city and municipal government and regular farmworkers actually tilling the
,units acquiring private agricultural lands by lands, as certified under oath by the
expropriation or other modes of acquisition Barangay Agrarian Reform Council (BARC)
to be used for actual, direct and exclusive and attested under oath by the landowners,
public purposes, such as roads and bridges, are the qualified beneficiaries. The intended
public markets, school sites, resettlement beneficiary shall state under oath before the
sites, local government facilities, public parks judge of the city or municipal court that
and barangay plazas or squares, consistent he/she is willing to work on the land to make
with the approved local comprehensive it productive and to assume the obligation of
land use plan, shall not be subject to the five paying the amortization for the
(5)-hectare retention limit under this Section compensation of the land and the land taxes
and Sections 70 and 73(a) of Republic Act thereon; all lands foreclosed by government
No. 6657, as amended: Provided, That lands financial institutions; all lands acquired by the
subject to CARP shall first undergo the land Presidential Commission on Good
acquisition and distribution process of the Government (PCGG); and all other lands
program: Provided, further, That when these owned by the government devoted to or
lands have been subjected to expropriation, suitable for agriculture, which shall be
the agrarian reform beneficiaries therein shall acquired and distributed immediately upon
be paid just compensation." the effectivity of this Act, with the
implementation to be completed by June
"SEC. 6-B. Review of Limits of Land Size. - 30, 2012;
Within six (6) months from the effectivity of this
Act, the DAR shall submit a comprehensive "Phase Two: (a) Lands twenty-four (24)
study on the land size appropriate for each hectares up to fifty (50) hectares shall likewise
type of crop to Congress for a possible review be covered for purposes of agrarian reform
of limits of land sizes provided in this Act." upon the effectivity of this Act. All alienable
and disposable public agricultural lands; all
Section 5. Section 7 of Republic Act No. 6657, as arable public agricultural lands under agro-
amended, is hereby further amended to read as forest, pasture and agricultural leases
follows: already cultivated and planted to crops in
accordance with Section 6, Article XIII of the
"SEC. 7. Priorities. - The DAR, in coordination Constitution; all public agricultural lands
with the Presidential Agrarian Reform Council which are to be opened for new
(PARC) shall plan and program the final development and resettlement: and all
acquisition and distribution of all remaining private agricultural lands of landowners with
unacquired and undistributed agricultural aggregate landholdings above twenty-four
lands from the effectivity of this Act until June (24) hectares up to fifty (50) hectares which
30, 2014. Lands shall be acquired and have already been subjected to a notice of
distributed as follows: coverage issued on or before December 1O,
2008, to implement principally the rights of
farmers and regular farmworkers, who are
"Phase One: During the five (5)-year
landless, to own directly or collectively the
extension period hereafter all remaining
lands they till, which shall be distributed
lands above fifty (50) hectares shall be
immediately upon the effectivity of this Act,
covered for purposes of agrarian reform
with the implementation to be completed by
upon the effectivity of this Act. All private
June 30, 2012; and
agricultural lands of landowners with
aggregate landholdings in excess of fifty (50)
hectares which have already been "(b) All remaining private agricultural lands of
subjected to a notice of coverage issued on landowners with aggregate landholdings in
or before December 10, 2008; rice and corn excess of twenty-four (24) hectares,
lands under Presidential Decree No. 27; all regardless as to whether these have been
idle or abandoned lands; all private lands subjected to notices of coverage or not, with
voluntarily offered by the owners for agrarian the implementation to begin on July 1, 2012
reform: Provided, That with respect to and to be completed by June 30, 2013;
voluntary land transfer, only those submitted
by June 30, 2009 shall be "Phase Three: All other private agricultural
allowed Provided, further, That after June 30, lands commencing with large landholdings
2009, the modes of acquisition shall be and proceeding to medium and small
limited to voluntary offer to sell and landholdings under the following schedule:
compulsory
acquisition: Provided, furthermore, That all "(a) Lands of landowners with aggregate
previously acquired lands wherein valuation landholdings above ten (10) hectares up to
is subject to challenge by landowners shall twenty- four (24)hectares, insofar as the
be completed and finally resolved pursuant excess hectarage above ten (10) hectares is
to Section 17 of Republic Act No. 6657, as concerned, to begin on July 1,2012 and to
amended: Provided, finally, as mandated by be completed by June 30, 2013; and
the Constitution, Republic Act No. 6657, as
amended, and Republic Act No. 3844,as
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"(b) Lands of landowners with aggregate beneficiaries shall be subject to Section 25 of


landholdings from the retention limit up to ten Republic Act No. 6657, as amended:
(10) hectares, to begin on July 1, 2013 and to Provided, furthermore, That rural women shall
be completed by June 30, 2014; to be given the opportunity t o participate in
implement principally the right of farmers the development planning and
and regular farmworkers who are landless, to implementation of this Act: Provided, finally,
own directly or collectively the lands they till. That in no case should the agrarian reform
beneficiaries' sex, economic, religious, social,
"The schedule of acquisition and cultural and political attributes adversely
redistribution of all agricultural lands covered affect the distribution of lands."
by this program shall be made in
accordance with the above order o f priority, Section 6. The title of Section 16of Republic Act No.
which shall be provided in the implementing 6657, as amended, is hereby further amended to
rules to be prepared by the PARC, taking into read as follows:
consideration the following: the landholdings
wherein the farmers are organized and "SEC. 16. Procedure for Acquisition and
understand ,the meaning and obligations of Distribution of Private Lands."
farmland ownership; the distribution of lands
to the tillers at the earliest practicable time; Section 7. Section 17of Republic Act No. 6657, as
the enhancement of agricultural amended, is hereby further amended to read as
productivity; and the availability of funds and follows:
resources to implement and support the
program: Provided, That the PARC shall
"SEC. 17. Determination of Just
design and conduct seminars, symposia,
Compensation. - In determining just
information campaigns, and other similar
compensation, the cost of acquisition of the
programs for farmers who are not organized
land, the value of the standing crop, the
or not covered by any landholdings.
current: value of like properties, its nature,
Completion by these farmers of the
actual use and income, the sworn valuation
aforementioned seminars, symposia, and
by the owner, the tax declarations, the
other similar programs shall be encouraged
assessment made by government assessors,
in the implementation of this Act particularly
and seventy percent (70%) of the zonal
the provisions of this Section.
valuation of the Bureau of Internal Revenue
(BIR), translated into a basic formula by the
"Land acquisition and distribution shall be DAR shall be considered, subject to the final
completed by June 30, 2014 on a province- decision of the proper court. The social and
by- province basis. In any case, the PARC or economic benefits contributed by the
the PARC Executive Committee (PARC farmers and the farmworkers and by the
EXCOM), upon recommendation by the Government t o the property as well as the
Provincial Agrarian Reform Coordinating nonpayment of taxes or loans secured from
Committee (PARCCOM), may declare any government financing institution on the
certain provinces as priority land reform said land shall be considered as additional
areas, in which case the acquisition and factors to determine its valuation."
distribution of private agricultural lands
therein under advanced phases may be
Section 8. There shall be incorporated after Section
implemented ahead of the above schedules
22 of Republic Act No. 6657, as amended, a new
on the condition that prior phases in these
section to read as follows:
provinces have been completed: Provided,
That notwithstanding the above schedules,
"SEC. 22-A. Order of Priority. - A landholding
phase three (b) shall not be implemented in
of a landowner shall be distributed first to
a particular province until at least ninety
qualified beneficiaries under Section 22,
percent (90%) of the provincial balance of
subparagraphs (a) and (b) of that same
that particular province as of January 1, 2009
landholding up to a maximum of three (3)
under Phase One, Phase Two (a), Phase Two
hectares each. Only when these
(b),,and Phase Three (a), excluding lands
beneficiaries have all received three (3)
under the jurisdiction of the Department of
hectares each, shall the remaining portion of
Environment and Natural Resources (DENR),
the landholding, if any, be distributed to
have been successfully completed.
other beneficiaries under Section 22,
subparagraphs (c), (d), (e), (f), and (g)."
"The PARC shall establish guidelines to
implement the above priorities and
Section 9. Section 24 of Republic Act No. 6657, as
distribution scheme, including the
amended, is hereby further amended to read as
determination of who are qualified
follows:
beneficiaries: Provided, That an owner-tiller
may be a beneficiary of the land he/she
does not own but is actually cultivating to the "SEC. 24. Award to Beneficiaries. - The rights
extent of the difference between the area of and responsibilities of the beneficiaries shall
the land he/she owns and the award ceiling commence from their receipt of a duly
of three (3) hectares: Provided, further, That registered emancipation patent or
collective ownership by the farmer certificate of land ownership award and their
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actual physical possession of the awarded "For purposes of this Act, a landless
land. Such award shall be completed in not beneficiary is one who owns less than three
more than one hundred eighty (180) days (3) hectares of agricultural land.
from the date of registration of the title in the
name of the Republic of the "Whenever appropriate, the DAR shall
Philippines: Provided, That the emancipation encourage the agrarian reform beneficiaries
patents, the certificates of land ownership to form or join farmers' cooperatives for
award, and other titles issued under any purposes of affiliating with existing
agrarian reform program shall be cooperative banks in their respective
indefeasible and imprescriptible after one (1) provinces or localities, as well as forming
year from its registration with the Office of the blocs of agrarian reform beneficiaries,
Registry of Deeds, subject to the conditions, corporations, and partnerships and joining
limitations and qualifications of this Act, the other farmers' collective organizations,
property registration decree, and other including irrigators' associations: Provided,
pertinent laws. The emancipation patents or That the agrarian reform beneficiaries shall
the certificates of land ownership award be assured of corresponding shares in the
being titles brought under the operation of corporation, seats in the board of directors,
the torrens system, are conferred with the and an equitable share in the profit.
same indefeasibility and security afforded to
all titles under the said system, as provided for "In general, the land awarded to a farmer-
by Presidential Decree No. 1529, as beneficiary should be in the form of an
amended by Republic Act No. 6732. individual title, covering one (1)contiguous
tract or several parcels of land cumulated up
"It is the ministerial duty of the Registry of to a maximum of three (3) hectares.
Deeds to register the title of the land in the
name of the Republic of the Philippines, after "The beneficiaries may opt for collective
the Land Bank of the Philippines (LBP) has ownership, such as co-workers or farmers
certified that the necessary deposit in the cooperative or some other form of collective
name of the landowner constituting full organization and for the issuance of
payment in cash or in bond with due notice collective ownership titles: Provided, That the
to the landowner and the registration of the total area that may be awarded shall not
certificate of land ownership award issued to exceed the total number of co-owners or
the beneficiaries, and to cancel previous members of the cooperative or collective
titles pertaining thereto. organization multiplied by the award limit
above prescribed, except in meritorious
"Identified and qualified agrarian reform cases as determined by the PARC.
beneficiaries, based on Section 22 of
Republic Act No. 6657, as, amended, shall "The conditions for the issuance of collective
have usufructuary rights over the awarded titles are as follows:
land as soon as the DAR takes possession of
such land, and such right shall not be
"(a) The current farm management
diminished even pending the awarding of
system of the land covered by CARP
the emancipation patent or the certificate of
will not be appropriate for individual
land ownership award.
farming of farm parcels;

"All cases involving the cancellation of


"(b) The farm labor system is
registered emancipation patents,
specialized, where the farmworkers
certificates of land ownership award, and
are organized by functions and not
other titles issued under any agrarian reform
by specific parcels such as spraying,
program are within the exclusive and original
weeding, packing and other similar
jurisdiction of the Secretary of the DAR."
functions;

Section 10. Section 25 of Republic Act So. 6657, as


"(c) The potential beneficiaries are
amended, is hereby further amended to read as
currently not farming individual
follows:
parcels hut collectively work on large
contiguous areas; and
"SEC.25. Award Ceilings for Beneficiaries. -
Beneficiaries shall be awarded an area not
"(d) The farm consists of multiple crops
exceeding three (3) hectares, which may
being farmed in an integrated
cover a contiguous tract of land or several
manner or includes non- crop
parcels of land cumulated up to the
production areas that are necessary
prescribed award limits. The determination of
for the viability of farm operations,
the size of the land for distribution shall
such as packing plants, storage
consider crop type, ,soil type, weather
areas, dikes, and other similar facilities
patterns and other pertinent variables or
that cannot be subdivided or
factors which are deemed critical for the
assigned to individual farmers.
success of the beneficiaries.
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"For idle and abandoned lands or fault, the LBP shall reduce the interest rate
underdeveloped agricultural lands to be and/or reduce the principal obligation to
covered by CARP, collective ownership shall make the repayment affordable.
be allowed only if the beneficiaries opt for it
and there is a clear development plan that "The LBP shall have a lien by way of mortgage
would require collective farming or on the land awarded to the beneficiary; and
integrated farm operations exhibiting the this mortgage may be foreclosed by the LBP
conditions described above. Otherwise, the for non-payment of an aggregate of three
land awarded to a farmer-beneficiary should (3) annual amortizations. The LBP shall advise
be in the form of a n individual title, covering the DAR of such proceedings and the latter
one (1) contiguous tract or several parcels of shall subsequently award the forfeited
land cumulated up to a maximum of three landholding to other qualified beneficiaries.
(3) hectares. A beneficiary whose land, as provided
herein, has been foreclosed shall thereafter
"In case of collective ownership, title to the be permanently disqualified from becoming
property shall be issued in the name of the a beneficiary under this Act."
co- owners or the cooperative or collective
organization as the case may be. If the Section 12. Section 27 of Republic Act No. 6657, as
certificates of land ownership award are amended, is hereby further amended to read as
given to cooperatives then the names of the follows:
beneficiaries must also be listed in the same
certificate of land ownership award. "SEC. 27. Transferability of Awarded Lands. -
Lands acquired by beneficiaries under this
"With regard to existing collective certificates Act or other agrarian reform laws shall not be
of land ownership award, the DAR should sold, transferred or conveyed except
immediately undertake the parcelization of through hereditary succession, or to the
said certificates of land ownership award, government, or to the LBP, or to other
particularly those that do not exhibit the qualified beneficiaries through the DAR for a
conditions for collective ownership outlined period of ten (10) years: Provided, however,
above. The DAR shall conduct a review and That the children or the spouse of the
redocumentation of all the collective transferor shall have a right to repurchase the
certificates of land ownership award. The land from the government or LBP within a
DAR shall prepare a prioritized list of period of two (2) years. Due notice of the
certificates of land ownership award to be availability of the land shall be given by the
parcelized. The parcelization shall LBP to the BARC of the barangay where the
commence immediately upon approval of land is situated. The PARCCOM, as herein
this Act and shall not exceed a period of provided, shall, in turn, be given due notice
three (3) years. Only those existing thereof by the BARC.
certificates of land ownership award that are
collectively farmed or are operated in an "The title of the land awarded under the
integrated manner shall remain as agrarian reform must indicate that it is an
collective." emancipation patent or a certificate of land
ownership award and the subsequent
Section 11. Section 26 of Republic Act No. 6657, as transfer title must also indicate that it is an
amended, is hereby further amended to read as emancipation patent or a certificate of land
follows: ownership award.

"SEC. 26. Payment by Beneficiaries. - Lands "If the land has not yet been fully paid by the
awarded pursuant to this Act shall be paid for beneficiary, the rights to the land may be
by the beneficiaries to the LBP in thirty (30) transferred or conveyed, with prior approval
annual amortizations at six percent (6%) of the DAR, to any heir of the beneficiary or
interest per annum. The annual amortization to any other beneficiary who, as a condition
shall start one (1) year from the date of the for such transfer or conveyance, shall
certificate of land ownership award cultivate the land himself/herself. Failing
registration. However, if the occupancy took compliance herewith, the land shall be
place after the certificate of land ownership transferred to the LBP which shall give due
award registration, the amortization shall start notice of the availability of the land in the
one (1) year from actual occupancy. The manner specified in the immediately
payments for the first three (3) years after the preceding paragraph.
award shall be at reduced amounts as
established by the PARC: Provided, That the "In the event of such transfer to the LBP, the
first five (5) annual payments may not be latter shall compensate the beneficiary in
more than five percent (5%) of the value of one lump sump for the amounts the latter has
the annual gross production as established already paid, together with the value of
by the DAR. Should the scheduled annual improvements he/she has made on the
payments after the fifth (5th) year exceed land."
ten percent (10%) of the annual gross
production and the failure to produce
accordingly is not due to the beneficiary's
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Section 13. Section 36 of Republic Act No. 6657, as this end, the DAR, the Department of
amended, is hereby further amended to read as Finance, and the Bangko Sentral ng Pilipinas
follows: (BSP) shall institute reforms to liberalize access
to credit by agrarian reform beneficiaries.
"SEC. 36. Funding for Support Services. - In The PARC shall ensure that support services
order to cover the expenses and cost of for agrarian reform beneficiaries are
support services, at least forty percent (40%) provided, such as:
of all appropriations for agrarian reform
during the five (5) year extension period shall "(a) Land surveys and titling;
be immediately set aside and made
available for this purpose: Provided, That the "(b) Socialized terms on agricultural
DAR shall pursue integrated land acquisition credit facilities;
and distribution and support services strategy
requiring a plan to be developed parallel to "Thirty percent (30%) of all
the land acquisition and distribution process. appropriations for support services
The planning and implementation for land referred to in Section 36 of Republic
acquisition and distribution shall be hand-in- Act No. 6657, as amended, shall be
hand with support services immediately set aside and made
delivery: Provided, further, That for the next available for agricultural credit
five (5) years, as far as practicable, a facilities: Provided, That one-third
minimum of two (2) Agrarian Reform (1/3) of this segregated appropriation
Communities (ARCs) shall be established by shall be specifically allocated for
the DAR, in coordination with the local subsidies to support the initial
government units, non-governmental capitalization for agricultural
organizations, 'community-based production to new agrarian reform
cooperatives and people's organizations in beneficiaries upon the awarding of
each legislative district with a predominant the emancipation patent or the
agricultural certificate of land ownership award
population: Provided, furthermore, That the and the remaining two-thirds (2/3)
areas in which the ARCS are to be shall be allocated to provide access
established shall have been substantially to socialized credit to existing
covered under the provisions of this Act and agrarian reform beneficiaries,
other agrarian or land reform including the
laws: Provided, finally, That a leaseholders: Provided, further, the
complementary support services delivery LBP and other concerned
strategy for existing agrarian reform government financial institutions,
beneficiaries that are not in barangays within accredited savings and credit
the ARCs shall be adopted by the DAR. cooperatives, financial service
cooperatives and accredited
"For this purpose, an Agrarian Reform cooperative banks shall provide the
Community is composed and managed by delivery system for disbursement of
agrarian reform beneficiaries who shall be the above financial assistance to
willing to be organized and to undertake the individual agrarian reform
integrated development of an area and/or beneficiaries, holders of collective
their organizations/ cooperatives. In each titles and cooperatives.
community, the DAR, together with the
agencies and organizations "For this purpose, all financing
abovementioned, shall identify the farmers' institutions may accept as collateral
association, cooperative or their respective for loans the purchase orders,
federations approved by the farmers- marketing agreements or expected
beneficiaries that shall take the lead in the harvests: Provided, That loans
agricultural development of the area. In obtained shall be used in the
addition, the DAR, in close coordination with improvement or development of the
the congressional oversight committee farm holding of the agrarian reform
created herein, with due notice to the beneficiary or the establishment of
concerned representative of the legislative facilities which shall enhance
district prior to implementation shall be production or marketing of
authorized to package proposals and agricultural products of increase farm
receive grants, aids and other forms of income therefrom: Provided, further,
financial assistance from any source" That of the remaining seventy
percent (70%) for the support
Section 14. Section 37 of Republic Act No. 6657, as services, fifteen percent (15%) shall
amended, is hereby further amended to read as be earmarked for farm inputs as
follows: requested by the duly accredited
agrarian reform beneficiaries'
"SEC. 37. Support Services for the Agrarian organizations, such as, but not limited
Reform Beneficiaries. - The State shall adopt to: (1) seeds, seedlings and/or
the integrated policy of support services planting materials; (2) organic
delivery to agrarian reform beneficiaries. To fertilizers; (3) pesticides; (4)herbicides;
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and (5) farm animals, existing funds, personnel, properties,


implements/'machineries; and five equipment and records.
percent (5%) for seminars, trainings
and the like to help empower "Misuse or diversion of the financial and
agrarian reform beneficiaries. support services herein provided shall result in
sanctions against the beneficiary guilty
"(c) Extension services by way of thereof, including the forfeiture of the land
planting, cropping, production and transferred to him/her or lesser sanctions as
post-harvest technology transfer, as may be provided by the PARC, without
well as marketing and management prejudice to criminal prosecution."
assistance and support to
cooperatives and farmers' Section 15. There shall be incorporated after Section
organizations; 37 of Republic Act No. 6657, as amended, a new
section to read as follows:
"(d) Infrastructure such as, but not
limited to, access trails, mini-dams, "SEC. 37-A. Equal Support Services for Rural
public utilities, marketing and storage Women. - Support services shall be extended
facilities; equally to women and men agrarian reform
beneficiaries.
"(e) Research, production and use of
organic fertilizers and other local "The PARC shall ensure that these support
substances necessary in farming and services, as provided for in this Act, integrate
cultivation; and the specific needs and well-being of women
farmer- beneficiaries taking into account the
"(f) Direct and active DAR assistance specific requirements of female family
in the education and organization of members of farmer- beneficiaries.
actual and potential agrarian reform
beneficiaries, at the barangay, "The PARC shall also ensure that rural women
municipal, city, provincial, and will be able to participate in all community
national levels, towards helping them activities. To this effect, rural women are
understand their rights and entitled to self-organization in order to obtain
responsibilities as owner-cultivators equal access to economic opportunities and
developing farm- related trust to have access to agricultural credit and
relationships among themselves and loans, marketing facilities and technology,
their neighbors, and increasing farm and other support services, and equal
production and profitability with the treatment in land reform and resettlement
ultimate end of empowering them to schemes.
chart their own destiny. The
representatives of the agrarian "The DAR shall establish and maintain a
reform beneficiaries to the PARC shall women's desk, which will be primarily
be chosen from the 'nominees of the responsible for formulating and
duly accredited agrarian reform implementing programs and activities
beneficiaries' organizations, or in its related to the protection and promotion of
absence, from organizations of women's rights, as well as providing an
actual and potential agrarian reform avenue where women can register their
beneficiaries as forwarded to and complaints and grievances principally
processed by the PARC EXCOM. related t o their rural activities."

"The PARC shall formulate policies to ensure Section 16. Section 38 of Republic Act No. 6657, as
that support services for agrarian reform amended, is hereby further amended to read as
beneficiaries shall be provided at all stages follows:
of the program implementation with the
concurrence of the concerned agrarian
"SEC. 38. Support Services for Landowners. -
reform beneficiaries.
The PARC, with the assistance of such other
government agencies and instrumentalities
"The PARC shall likewise adopt, implement, as it may direct, shall provide landowners
and monitor policies and programs to ensure affected by the CARP and prior agrarian
the fundamental equality of women and reform programs with the following services:
men in the agrarian reform program as well
as respect for the human rights, social
"(a) Investment information, financial
protection, and decent working conditions
and counseling assistance,
of both paid and unpaid men and women
particularly investment information
farmer-beneficiaries.
on government-owned and/or -
controlled corporations and
"The Bagong Kilusang Kabuhayan sa disposable assets of the government
Kaunlaran (BKKK) Secretariat shall be in pursuit of national industrialization
transferred and attached t o the LBP, for its and economic independence:
supervision including all its applicable and
9

"(b) Facilities, programs and schemes and Labor and Employment; Director-
for the conversion or exchange of General of the National Economic and
bonds issued for payment of the Development Authority; President, Land
lands acquired with stocks and bonds Bank of the Philippines; Administrator,
issued by the National Government, National Irrigation Administration;
the BSP and other government Administrator, Land Registration Authority;
institutions and instrumentalities; and six (6) representatives of affected
landowners to represent Luzon, Visayas and
"(c) Marketing of agrarian reform Mindanao; six (6) representatives of agrarian
bonds, as well as promoting the reform beneficiaries, two (2) each from
marketability of said bonds in Luzon, Visayas and Mindanao: Provided,
traditional and non-traditional That at least one (1) of them shall be from the
financial markets and stock indigenous peoples: Provided, further, That
exchanges: and/or at least one (1)of them shall come from a
duly recognized national organization of
"(d) Other services designed t o utilize rural women or a national organization of
productively the proceeds of the sale agrarian reform beneficiaries with a
of such lands for rural industrialization. substantial number of women members:
Provided, finally, That at least twenty percent
(20%) of the members of the PARC shall be
"A landowner who invests in rural-based
women but in no case shall they be less than
industries shall be entitled to the incentives
two (Z)."
granted to a registered enterprise engaged
in a pioneer or preferred area of investment
as provided for in the Omnibus Investment Section 18. Section 50 of Republic Act No. 6657, as
Code of 1987,or to such other incentives as amended, is hereby further amended to read as
the PARC, the LBP, or other government follows:
financial institutions shall provide.
"SEC. 50. Quasi-Judicial Powers of the DAR. -
"The LBP shall redeem a landowner's agrarian The DAR is hereby vested with primary
reform bonds at face value as an incentive: jurisdiction to determine and adjudicate
Provided, That at least fifty percent (50%) of agrarian reform matters and shall have
the proceeds thereof shall be invested in a exclusive original jurisdiction over all matters
Board of Investments (BOI)-registered involving the implementation of agrarian
company or in any agri-business or agro- reform, except those falling under the
industrial enterprise in the region where the exclusive jurisdiction of the Department of
CARP-covered landholding is located. An Agriculture (DA) and the DENR.
additional incentive of two percent (2%) in
cash shall be paid to a landowner who "It shall not be bound by technical rules of
maintains his/her enterprise as a going procedure and evidence but shall proceed
concern for five (5) years or keeps his/her to hear and decide all cases, disputes or
investments in a BOI- registered firm for the controversies in a most expeditious manner,
same period: Provided, further, That the rights employing all reasonable means to ascertain
of the agrarian reform beneficiaries are not, the facts of every case in accordance with
in any way, prejudiced or impaired thereby. justice and equity and the merits of the case.
Toward this end, it shall adopt a uniform rule
"The DAR, the LBP and the Department of of procedure to achieve a just, expeditious
Trade and Industry shall jointly formulate the and inexpensive determination of every
program to carry out these provisions under action or proceeding before it.
the supervision of the PARC: Provided, That in
no case shall the landowners' sex, economic, "It shall have the power to summon witnesses,
religious, social, cultural and political administer oaths, take testimony, require
attributes exclude them from accessing submission of reports, compel the production
these support services." of books and documents and answers to
interrogatories and issue subpoena,
Section 17. Section 41 of Republic Act No. 6657, as and subpoena duces tecum and to enforce
amended, is hereby further amended to read as its writs through sheriffs or other duly
follows: deputized officers. It shall likewise have the
power to punish direct and indirect
contempts in the same manner and subject
"SEC. 41. The Presidential Agrarian Reform
to the same penalties as provided in the
Council. - The Presidential Agrarian Reform
Rules of Court.
Council (PARC) shall be composed of the
President of the Philippines as Chairperson,
the Secretary of Agrarian Reform as Vice- "Responsible farmer leaders shall be allowed
Chairperson and the following as members: to represent themselves, their fellow farmers,
Secretaries of the Departments of or their organizations in any proceedings
Agriculture; Environment and Natural before the DAR Provided, however, That
Resources; Budget and Management; when there are two or more representatives
Interior and Local Government; Public Works for any individual or group, the
and Highways; Trade and Industry; Finance; representatives should choose only one
10

among themselves to represent such party or Section 21. Section 63 of Republic Act No. 6657, as
group before any DAB proceedings. amended, is hereby further amended to read as
follows:
"Notwithstanding an appeal to the Court of
Appeals, the decision of the DAR shall be "SEC. 63. Funding Source. - The amount
immediately executory except a decision or needed to further implement the CARP as
a portion thereof involving solely the issue of provided in this Act, until June 30, 2014, upon
just compensation." expiration of funding under Republic Act No.
8532 and other pertinent laws, shall be
Section 19. Section 50 of Republic Act No. 6657, as funded from the Agrarian Reform Fund and
amended, is hereby further amended by adding other funding sources in the amount of at
Section 50-A to read as follows: least One hundred fifty billion pesos
(P150,000,000,000.00).
"SEC. 50-A. Exclusive Jurisdiction on Agrarian
Dispute. - No court or prosecutor's office shall "Additional amounts are hereby authorized
take cognizance of cases pertaining to the to be appropriated as and when needed to
implementation of the CARP except those augment the Agrarian Reform Fund in order
provided under Section 57 of Republic Act to fully implement the provisions of this Act
No. 6657, as amended. If there is an during the five (5)-year extension period.
allegation from any of the parties that the
case is agrarian in nature and one of the "Sources of funding or appropriations shall
parties is a farmer, farmworker, or tenant, the include the following:
case shall be automatically referred by the
judge or the prosecutor to the DAR which "(a) Proceeds of the sales of the
shall determine and certify within fifteen (15) Privatization and Management
days from referral whether an agrarian Office (PMO);
dispute exists: Provided, That from the
determination of the DAR, an aggrieved "e)All receipts from assets recovered
party shall have judicial recourse. In cases and from sales of ill-gotten wealth
referred by the municipal trial court and the recovered through the PCGG
prosecutor's office, the appeal shall be with excluding the amount appropriated
the proper regional trial court, and in cases for compensation to victims of
referred by the regional trial court, the human rights violations under the
appeal shall be to the Court of Appeals. applicable law;

"In cases where regular courts or quasi- "(c) Proceeds of the disposition and
judicial bodies have competent jurisdiction, development of the properties of the
agrarian reform beneficiaries or identified Government in foreign countries, for
beneficiaries and/or their associations shall the specific purposes of financing
have legal standing and interest to intervene production credits, infrastructure and
concerning their individual or collective rights other support services required by this
and/or interests under the CARP. Act;

"The fact of non-registration of such "(d) All income and, collections of


associations with the Securities and whatever form and nature arising
Exchange Commission, or Cooperative from the agrarian reform operations,
Development Authority, or any concerned projects and programs of the DAR
government agency shall not be used and other CARP implementing
against them to deny the existence of their agencies;
legal standing and interest in a case filed
before such courts and quasi-judicial
"(e) Portion of amounts accruing to
bodies."
the Philippines from all sources of
official foreign. aid grants and
Section 20. Section 55 of Republic Act No. 6657, as concessional financing from all
amended, is hereby further amended to read as countries, to be used for the specific
follows: purposes of financing productions,
credits, infrastructures, and other
"SEC. 55. No Restraining Order or Preliminary support services required by this Act:
Injunction. -Except for the Supreme Court, no
court in the Philippines shall have jurisdiction "(f) Yearly appropriations of no less
to issue any restraining order or writ of than Five billion pesos
preliminary injunction against the PARC, the (P5,000,000,000.00) from the General
DAR, or any of its duly authorized or Appropriations Act;
designated agencies in any case, dispute or
controversy arising from, necessary to, or in
"(g) Gratuitous financial assistance
connection with the application,
from legitimate sources; and
implementation, enforcement, or
interpretation of this Act and other pertinent
laws on agrarian reform."
11

"(h) Other government funds not conversion plan or any violation of the
otherwise appropriated. conditions of the conversion order due to the
fault of the applicant shall cause the land to
"All funds appropriated to implement the automatically be covered by CARP."
provisions of this Act shall be considered
continuing appropriations during the period Section 23. Section 68 of Republic Act No. 6657, as
of its implementation: Provided, That if the amended, is hereby further amended to read as
need arises, specific amounts for bond follows:
redemptions, interest payments and other
existing obligations arising from the "SEC. 68. Immunity of Government Agencies
implementation of the program shall be from Undue Interference. - In cases falling
included in the annual General within their jurisdiction, no injunction,
Appropriations Act: Provided, further, That all restraining order, prohibition or mandamus
just compensation payments to landowners, shall be issued by the regional trial courts,
including execution of judgments therefore, municipal trial courts, municipal circuit trial
shall only be sourced from the Agrarian courts, and metropolitan trial courts against
Reform Fund: Provided, however, That just the DAR, the DA, the DENR, and the
compensation payments that cannot be Department of Justice in their
covered within the approved annual budget implementation of the program."
of the program shall be chargeable against
the debt service program of the national Section 24. Section 73 of Republic Act No. 6657, as
government, or any unprogrammed item in amended, is hereby further amended to read as
the General Appropriations follows:
Act: Provided, finally, That after the
completion of the land acquisition and
"SEC. 73. Prohibited Acts and Omissions. - The
distribution component of the CARP, the
following are prohibited:
yearly appropriation shall be allocated fully
to support services, agrarian justice delivery
"(a) The ownership or possession, for
and operational requirements of the DAR
the purpose of circumventing the
and the other CARP implementing
provisions of this Act, of agricultural
agencies."
lands in excess of the total retention
limits or award ceilings by any person,
Section 22. Section 65 of Republic Act No. 6657, as
natural or juridical, except those
amended, is hereby further amended to read as
under collective ownership by
follows:
farmer-beneficiaries;

"SEC. 65. Conversion of Lands. - After the


"(b) The forcible entry or illegal
lapse of five (5) years from its award, when
detainer by persons who are not
the land ceases to be economically feasible
qualified beneficiaries under this Act
and sound for agricultural purposes, or the
to avail themselves of the rights and
locality has become urbanized and the land
benefits of the Agrarian Reform
will have a greater economic value for
Program:
residential, commercial or industrial
purposes, the DAR, upon application of the
"(c) Any conversion by , any
beneficiary or the landowner with respect
landowner of his/her agricultural'
only to his/her retained area which is
land into any non-agricultural use
tenanted, with due notice to the affected
with intent to avoid the application of
parties, and subject to existing laws, may
this Act to his/her landholdings and to
authorize the reclassification or conversion of
dispossess his/her bonafide tenant
the land and its disposition: Provided, That if
farmers:
the applicant is a beneficiary under agrarian
laws and the land sought to be converted is
the land awarded to him/her or any portion "(d) The malicious and willful
thereof, the applicant, after the conversion is prevention or obstruction by any
granted, shall invest at least ten percent person, association or entity of the
(10%)of the proceeds coming from the implementation of the CARP;
conversion in government
securities: Provided, further, That the "(e) The sale, transfer, conveyance or
applicant upon conversion shall fully pay the change of the nature of lands outside
price of the land: Provided, furthermore, That of urban centers and city limits either
irrigated and irrigable lands, shall not be in whole or in part after the effectivity
subject to conversion: Provided, finally, That of this Act, except after final
the National Irrigation Administration shall completion of the appropriate
submit a consolidated data on the location conversion under Section 65 of
nationwide of all irrigable lands within one Republic Act No. 6657, as amended.
(1)year from the effectivity of this Act. The date of the registration of the
deed of conveyance in the Register
"Failure to implement the conversion plan of Deeds with respect to titled lands
within five (5) years from the approval of such and the date of the issuance of the
12

tax declaration to the transferee of Section 25. Section 74 of Republic Act No. 6657, as
the property with respect to amended, is hereby further amended to read as
unregistered lands, as the case may follows:
be, shall be conclusive for the
purpose of this Act; "SEC. 74. Penalties. - Any person who
knowingly or willfully violates the provisions of
"(f) The sale, transfer or conveyance this Act shall be punished by imprisonment of
by a beneficiary of the right to use or not less than one (1) month to not more than
any other usufructuary right over the three (3) years or a fine of not less than One
land he/she acquired by virtue of thousand pesos (P1,000.00) and not more
being a beneficiary, in order to than Fifteen thousand pesos (P15,000.00), or
circumvent the provisions of this Act; both, at the discretion of the court: Provided,
That the following corresponding penalties
"(g) The unjustified, willful, and shall be imposed for the specific violations
malicious act by a responsible officer hereunder:
or officers of the government through
the following: "(a) Imprisonment of three (3) years
and one (1) day to six (6) years or a
"(1) The denial of notice fine of not less than Fifty thousand
and/or reply to landowners; pesos (P50,000.00)and not more than
One hundred fifty thousand pesos
"(2) The deprivation of (P150,000.00), or both, at the
retention rights; discretion of the court upon any
person who violates Section 73,
subparagraphs (a), (b), (f), (g), and
"(3) The undue or inordinate
(h) of Republic Act No. 6657, as
delay in the preparation of
amended; and
claim folders; or

"(b) Imprisonment of six (6) years and


"(4) Any undue delay, refusal
one (1) day to twelve (12) years or a
or failure in the payment of
fine of not less than Two hundred
just compensation;
thousand pesos (P200,000.00) and
not more than One million pesos
"(h) The undue delay or unjustified
(P1,000,000.00), or both, at the
failure of the DAR, the LBP, the PARC,
discretion of the court upon any
the PARCCOM, and any concerned
person who violates Section 73,
government agency or any
subparagraphs (c), (d), (e), and (i) of
government official or employee to
Republic Act No. 6657, as amended.
submit the required report, data
and/or other official document
"If the offender is a corporation or
involving the implementation of the
association, the officer responsible therefor
provisions of this Act, as required by
shall be criminally liable."
the parties or the government,
including the House of
Representatives and the Senate of Section 26. Congressional Oversight Committee. - A
the Philippines as well as their Congressional Oversight Committee on Agrarian
respective committees, and the Reform (COCAR) is hereby created to oversee and
congressional oversight committee monitor the implementation of this Act. It shall be
created herein; composed of the Chairpersons of the Committee on
Agrarian Reform of both Houses of Congress, three
(3) Members of the House of Representatives, and
"(i) The undue delay in the
three (3) Members of the Senate of the Philippines,
compliance with the obligation to
to be designated respectively by the Speaker of the
certify or attest and/or falsification of
House of Representatives and the President of the
the certification or attestation as
Senate of the Philippines.
required under Section 7 of Republic
Act No. 6657, as amended; and
The Chairpersons of the Committees on Agrarian
Reform of the House of Representatives and of the
"(j) Any other culpable neglect or
Senate of the Philippines shall be the Chairpersons of
willful violations of the provisions of this
the COCAR. The Members shall receive no
Act.
compensation; however, traveling and other
necessary expenses shall be allowed.
"In the case of government officials and
employees, a conviction under this Act is
In order to carry out the objectives of this Act, the
without prejudice to any civil case and/or
COCAR shall be provided with the necessary
appropriate administrative proceedings
appropriations for its operation. An initial amount of
under civil service law, rules and regulations.
Twenty-five million pesos (P25,000,000.00) is hereby
"Any person convicted under this Act shall
appropriated for the COCAR for the first year of its
not be entitled to any benefit provided for in
operation and the same amount shall be
any agrarian reform law or program."
appropriated every year thereafter.
13

The term of the COCAR shall end six (6) months after Representatives and to the President of the Senate
the expiration of the extended period of five (5) of the Philippines periodic reports on its findings and
years. recommendations on actions to be undertaken by
both Houses of Congress, the DAR, and the PARC.
Section 27. Powers and Functions of the COCAR. -
The COCAR shall have the following powers and Section 29. Access to Information. - Notwithstanding
functions: the provisions of Republic Act No. 1405 and other
pertinent laws, information on the amount of just
(a) Prescribe and adopt guidelines which compensation paid to any landowner under
shall govern its work; Republic Act No. 6657, as amended, and other
agrarian reform laws shall be deemed public
(b) Hold hearings and consultations, receive information.
testimonies and reports pertinent to its
specified concerns; Section 30. Resolution of Case. - Any case and/or
proceeding involving the implementation of the
(c) Secure from any department, bureau, provisions of Republic Act No. 6657, as amended,
office or instrumentality of the government which may remain pending on June 30, 2014 shall be
such assistance as may be needed, allowed to proceed to its finality and be executed
including technical information, preparation even beyond such date.
and production of reports and submission of
recommendations or plans as it may require, Section 31. Implementing Rules and Regulations. -
particularly a yearly report of the record or The PARC and the DAR shall provide the necessary
performance of each agrarian reform implementing rules and regulations within thirty (30)
beneficiary as provided under Section 22 of days upon the approval of this Act. Such rules and
Republic Act No. 6657, as amended; regulations shall take effect on July 1, 2009 and it
shall be published in at least two (2) newspapers of
(d) Secure from the DAR or the LBP general circulation.
information on the amount of just
compensation determined to be paid or Section 32. Repealing Clause. - Section 53 of
which has been paid to any landowner; Republic Act No. 3844, otherwise known as the
Agricultural Land Reform Code, is hereby repealed
(e) Secure from the DAR or the LBP quarterly and all other laws, decrees, executive orders,
reports on the disbursement of funds for the issuances, rules and regulations, or parts thereof
agrarian reform program; inconsistent with this Act are hereby likewise
repealed or amended accordingly.
(f) Oversee and monitor, in such a manner as
it may deem necessary, the actual Section 33. Separability Clause. - If, for any reason,
implementation of the program and projects any section or provision of this Act is declared
by the DAR; unconstitutional or invalid, the other sections or
provisions not affected thereby shall remain in full
force and effect.
(g) Summon by subpoena any public or
private citizen to testify before it, or require
by subpoena duces tecumto produce Section 34. Effectivity Clause. - This Act shall take
before it such records, reports, or other effect on July 1,2009 and it shall be published in at
documents as may be necessary in the least two (2) newspapers of general circulation.
performance of its functions;

(h) Engage the services of resource persons


from the public and private sectors as well as
civil society including the various agrarian
reform groups or organizations in the different
regions of the country as may be needed;

(i) Approve the budget for the work of the


Committee and all disbursements therefrom,
including compensation of all personnel;

(j) Organize its staff and hire and appoint


such employees and personnel whether
temporary, contractual or on constancy
subject to applicable rules; and

(k) Exercise all the powers necessary and


incidental to attain the purposes for which it
is created.

Section 28. Periodic Reports. - The COCAR shall


submit to the Speaker of the House of