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RA 6657

Comprehensive Agrarian
Reform Law of 1998
Comprehensive Agrarian Reform
Program, commonly known as
CARP, is an agrarian reform law of
the Philippines passed in 1988. It is
part of the long history of attempts
at land reform in the Philippines
The law was outlined by former
President Corazon C. Aquino
through Presidential Proclamation
131 and Executive Order 229 on
June 22, 1987. The law was enacted
by the 8th Congress of the
Philippines and signed by Aquino on
June 10, 1988
In this program, all lands exceeding
seven hectares were bought by the
government and sold to the landless
farmers. Owners of lands were paid
through installment basis for 15
years.
The Comprehensive Agrarian
Reform Law was laid down to
protect the agricultural workers in
Philippines. The comprehensive
agrarian reform law aimed at
helping the small and marginal
farmers of Philippines by providing
them easy access to land and other
necessary inputs.
A Brief History:
Agrarian Condition in Philippines
For a long period of time, the agrarian system
of Philippines was being controlled by the
large landlords.
The small farmers in Philippines were
struggling for their rights to land and other
natural resources.
Itwas observed that about 2.9 million small
farms occupied about half of the total arable
land of Philippines, whereas the medium and
large farms occupied about 11.5% of the total
farmland
The primary objective of instituting
the Comprehensive Agrarian Reform
law was to successfully devise land
reform in Philippines
Itaims to break up agricultural
lands and transform them into
economic-size farms to be owned by
the farmers themselves, with the
end in view of uplifting their socio
economic status.
CARP recognizes as beneficiaries of
the agrarian reform not only farmers
but all workers in the land given
that they are landless and willing to
cultivate the land.
The two agencies mandated to do
the tasks of land acquisition and
distributions are the Department of
Agrarian Reform (DAR) and the
Department of Environment and
Natural Resources (DENR)

The land acquisition and distribution are
the main essence of the CARP.
DAR- is involved in Land distribution of
private and government-owned lands
and settlement areas
DENR- is responsible for land survey and
approval of surveys plans; land
distribution of public lands; and the
distribution of stewardship contracts in
forestry areas
The Land Bank of the Philippines is
responsible for land valuation and
landowners compensation.
The Land registration Authority is
for land titling and registration.
Section 16 of CARP, Land
Acquisition
The Compulsary Acquisition
Processs
1.Identification by DAR of the land,
landowner and beneficiary
2.Notice by the DAR to the landowner
about the compulsory acquisition and the
price offer
3.Reply by the landowner about his
acceptance or rejection of the offered
price:
Iflandowner accepts the offered price-
Land Bank will pay the land owner within
30 days from execution and delivery of
Deed of Transfer
Iflandowner rejects the offer- DAR will
determine just compensation thru
summary administrative proceedings
If the landowner disagrees with the
decision of DAR, he may bring the
matter to the regular courts of justice for
final determination of just compensation
4. Taking of immediate possession of the
land by the DAR:
i. if the land owner receives the
corresponding payment
ii. If the landowner does not respond to
the Notice of Acquisition
5. Request of DAR to the Registry of Deeds
to issue TCT to Republic of the Philippines
6. Distribution of the land to the qualified
beneficiaries.
Section 17. Determination of Just
Compensation
"Section 17. Determination of Just Compensation. - In
determining just compensation, the cost of acquisition of the
land, the value of the standing crop, the current: value of like
properties, its nature, actual use and income, the sworn valuation
by the owner, the tax declarations, the assessment made by
government assessors, and seventy percent (70%) of the zonal
valuation of the Bureau of Internal Revenue (BIR), translated into
a basic formula by the DAR shall be considered, subject to the
final decision of the proper court. The social and economic
benefits contributed by the farmers and the farmworkers and by
the Government to the property as well as the nonpayment of
taxes or loans secured from any government financing institution
on the said land shall be considered as additional factors to
determine its valuation."
JUST COMPENSATION

Safeguards:
1. Right to retain property until he/ she has
fully reimbursed all the necessary and useful
expenses made by him/her on the property
(Art 1, Sec.4)

2. Right to be paid just compensation for their


landholdings, acquired by the government for
distribution to Agrarian Reform Beneficiaries
(Art. III, Sec. 9)
Just compensation is the full and fair
equivalent of the property taken
away from its owner by
expropriation (Manila Railroad Co.
vs. Velasquez, 32 Phil 268)
Just compensation = Fair Market
Value
Fair market value means the full
and fair equivalent of the loss
sustained by the landowner. (Export
Processing Zone Authority vs Judge
Dulay, 149 SCRA 305, 1987)
Does the capacity of the tenant
and government to pay determine
the amount of just compensation?
No. The buying power of the farmer-
beneficiary and the government is not
considered as a factor in determining just
compensation. It is the amount equivalent to
the increase in the value of the land due in
justice to the landowner so that if the farmer
cannot pay for it the State must pay.