Professional Documents
Culture Documents
Atty. Jim G. Coleto HEA and Assistant Secretary Department of Agrarian Reform Presented during the MCLE for DAR Lawyers in July 2009, CARPO Admin Conference, Legal Sector Assessment in September 2009 BARIE-initiated series on CARPER in October 2009
Milestones
Approval of Senate Bill 2666 on 2 June 2009 and House Bill 4077 on 5 June 2009
Title
An Act strengthening the Comprehensive Agrarian Reform Program (CARP), Extending the Acquisition and Distribution of all Agricultural Lands, Instituting Necessary Reforms, Amending for the purpose certain provisions of Republic Act No. 6657, Otherwise known as the Comprehensive Agrarian Reform Law of 1988, as Amended and Appropriating Funds therefor
Discussion Highlights
Amendments/revisions to RA 6657 CARPER includes 34 sections Background Judicial Precedents
Amended provisions per RA 6657 Sec. 2, Declaration of Principles and Policies Sec. 3, Definitions
Sec. 3 Sec. 4
Sec. 7, Priorities Sec. 16, Procedure for Acquisition of Private Lands Sec. 17, Determination of Just Compensation
Sec. 8
Amended provisions per RA 6657 Sec. 24, Award to Beneficiaries Sec. 25, Award Ceilings for Beneficiaries Sec. 27, Transferability of Awarded Lands Sec. 36, Funding for Support Services
Sec. 14
Sec. 15 : New provision, incorporated as Sec. 37-A, Equal Support Services for Rural Women
Sec. 16 Sec. 38, Support Services to Landowners
CARPER Provisions
Sec. 17 Sec. 18
Sec. 19 : New provision, incorporated as Sec. 50-A, Exclusive Jurisdiction of Agrarian Dispute Sec. 20 Sec. 21 Sec. 22 Sec. 23 Sec. 55, No Restraining Order or Preliminary Injunction Sec. 63, Funding Source Sec. 65, Conversion of Lands Sec. 68, Immunity of Government Agencies from Undue Interference
CARPER Provisions
Sec. 24 Sec.73, Prohibited Acts and Omissions Sec. 25 Sec. 74, Penalties Sec. 26 : New Provision, Congressional Oversight Committee
Sec. 27 : New Provision, Powers and Functions of the COCAR Sec. 28 : New Provision, Periodic Reports of the COCAR Sec. 29 : New Provision, Access to Information Sec. 30 : New Provision, Resolution of Cases Sec. 31 : Implementing Rules and Regulations Sec. 32 : Repealing Clause Sec. 33 : Separability Clause Sec. 34 : Effectivity Clause
Sec. 2. Definitions
Farmer defined to include those involved in livestock and/or fisheries production
Included definition of rural women as those engaged directly or indirectly in farming and/or fishing
Sec. 3. Scope
Exclusion from coverage of landholdings with an area of five (5) hectares and below.
Comprehensive inventory system in consonance with the National Land Use Plan in accordance with the Local Government Code to be instituted by the DAR within one (1) year from effectivity of the law.
Sec. 5. Priorities
Final acquisition and distribution of remaining unacquired and undistributed lands from July 1, 2009 to June 30, 2014:
Only farmers (tenants or lessees) and regular farmworkers actually tilling the lands as certified under oath by the BARC and attested by the LOs shall be qualified as beneficiaries
PARC to design and conduct information and education campaign for farmers
Identified and qualified ARBs have usufructuary rights of over awarded land as soon as the DAR takes possession of the same, even pending award of the EP or CLOA
Parcelization to commence immediately upon effectivity of this Act and not to exceed a period of three (3) years.
Payments for first three (3) years SHALL be at reduced amount as established by the PARC
Additional 2% incentive in cash shall be paid to an LO who maintains his/her enterprise as a going concern for 5 years or keeps his / her investment in a BOIregistered firm for the same period. Provided, further that the rights of the ARBs are not, in any prejudiced or impaired thereby.
Decisions of the DAR shall be immediately executory notwithstanding an appeal to the Court of Appeals, except a decision or a portion thereof involving solely the issue of just compensation
No court or prosecutor s office shall take cognizance of cases pertaining to the implementation of the CARP except those provided under Sec 57 of RA 6657.
b) All receipts from assets recovered and from sales of illgotten wealth through the PCGG excluding the amount appropriated for compensation of Human Rights victims c) Proceeds of the disposition and development of Philippine Government properties abroad
e) f) d) e)
4)
1) Imprisonment of three (3) years and one (1) day to six (6) years or a fine of not less than Fifty Thousand Pesos, or both, at the discretion of the court upon any person who violates Sec. 73 subparagraphs (A), (B), (F), (G), and (H) of Republic Act No. 6657, as amended; and
2) Imprisonment of six(6) years and one (1) day to twelve (12) years or a fine of not less than Two Hundred Thousand Pesos and not more than One Million Pesos, or both, at the discretion of the court upon any person who violates Sec. 73, subparagraphs (C), (D), (E), and (I) of Republic Act No. 6657, as amended
c) Secure from any department, bureau, office or instrumentality of the government such assistance as may be needed, including technical information, preparation and production of reports and submission of recommendations or plans as it may require, particularly a yearly report of the record or performance of each ARB as provided under Sec 22 of RA 6657, as amended;
e)
f)
and monitor, in such a manner as it may deem necessary, the actual implementation of the program and projects by the DAR.
Oversee
Summon by subpoena any public or private citizen to testify before it, or require by subpoena duces tecum to produce before it such records, reports or other documents as my be necessary in the performance of its functions.
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;
h)
Approve the budget for the work of the Committee and all disbursements therefrom, including compensation of all personnel; Organize its staff and hire and appoint such employees and personnel whether temporary, contractual or on consultancy, subject to applicable rules; and Exercise all the powers necessary and incidental to attain the purposes for which it is created.
j)
k)
Sec. 32. Repealing Clause Sec. 53 of RA 3844, otherwise known as the Agricultural Land Reform Code, is hereby repealed and all other laws, decrees, executive orders, issuances, rules and regulations or parts thereof inconsistent with this Act are hereby likewise repealed or amended accordingly.