It aims to aid the agrarian reform beneficiaries by providing them necessary support services to make their lands more productive, and enable them to venture in income generating livelihood projects in accordance to Section 14 of RA Section 37 of RA as amended. The results show that the comprehensive agrarian reform program has a positive impact on the lives of the farmer beneficiaries.
It has contributed to higher income and led to reduced poverty incidence before and after the program. Republic Act No. From Wikipedia, the free encyclopedia. Agrarian reform can refer either, narrowly, to government-initiated or government-backed redistribution of agricultural land see land reform or, broadly, to an overall redirection of the agrarian system of the country, which often includes land reform measures. The Comprehensive Agrarian Reform Law was laid down in the year , 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. What are the benefits of agrarian reform? Support services for the agrarian reform communities became pivotal in enhancing food security and building infrastructures that promote food production, enhance community trading and increase rural household income.
What is the most significant agrarian law? Procedure for Acquisition of Private Lands. Said notice shall contain the offer of the DAR to pay a corresponding value in accordance with the valuation set forth in Sections 17, 18, and other pertinent provisions hereof. After the expiration of the above period, the matter is deemed submitted for decision. The DAR shall decide the case within thirty 30 days after it is submitted for decision. The DAR shall thereafter proceed with the redistribution of the land to the qualified beneficiaries.
Determination of Just Compensation. The social and economic benefits contributed by the farmers and the farmworkers and by the Government to the property as well as the non-payment of taxes or loans secured from any government financing institution on the said land shall be considered as additional factors to determine its valuation. Valuation and Mode of Compensation. The compensation shall be paid on one of the following modes, at the option of the landowner:.
Such LBP bonds may be used by the landowner, his successors in interest or his assigns, up to the amount of their face value, for any of the following:. In case of extraordinary inflation, the PARC shall take appropriate measures to protect the economy. Incentives for Voluntary Offers for Sales. Voluntary Land Transfer. Negotiations between the landowners and qualified beneficiaries covering any voluntary land transfer which remain unresolved after one 1 year shall not be recognized and such land shall instead be acquired by the government and transferred pursuant to this Act.
Said approval shall be considered given, unless notice of disapproval is received by the farmer-beneficiary within thirty 30 days from the date of registration. In the event they cannot agree on the price of land, the procedure for compulsory acquisition as provided in Section 16 shall apply. The LBP shall extend financing to the beneficiaries for purposes of acquiring the land. Qualified Beneficiaries.
Provided, however, that the children of landowners who are qualified under Section 6 of this Act shall be given preference in the distribution of the land of their parents: and provided, further, that actual tenant-tillers in the landholdings shall not be ejected or removed therefrom. Beneficiaries under Presidential Decree No. A basic qualification of a beneficiary shall be his willingness, aptitude, and ability to cultivate and make the land as productive as possible.
The DAR shall adopt a system of monitoring the record or performance of each beneficiary, so that any beneficiary guilty of negligence or misuse of the land or any support extended to him shall forfeit his right to continue as such beneficiary. If, due to the landowner's retention rights or to the number of tenants, lessees, or workers on the land, there is not enough land to accommodate any or some of them, they may be granted ownership of other lands available for distribution under this Act, at the option of the beneficiaries.
Farmers already in place and those not accommodated in the distribution of privately-owned lands will be given preferential rights in the distribution of lands from the public domain. Distribution Limit. Award to Beneficiaries. Ownership of the beneficiary shall be evidenced by a Certificate of Land Ownership Award, which shall contain the restrictions and conditions provided for in this Act, and shall be recorded in the Register of Deeds concerned and annotated on the Certificate of Title.
Award Ceilings for Beneficiaries. For purposes of this Act, a landless beneficiary is one who owns less than three 3 hectares of agricultural land. The beneficiaries may opt for collective ownership, such as co-ownership or farmers cooperative or some other form of collective organization: provided, that the total area that may be awarded shall not exceed the total number of co-owners or member of the cooperative or collective organization multiplied by the award limit above prescribed, except in meritorious cases as determined by the PARC.
Title to the property shall be issued in the name of the co-owners or the cooperative or collective organization as the case may be. Payment by Beneficiaries.
The LBP shall have a lien by way of mortgage on the land awarded to the beneficiary; and this mortgage may be foreclosed by the LBP for non-payment of an aggregate of three 3 annual amortizations. The LBP shall advise the DAR of such proceedings and the latter shall subsequently award the forfeited landholdings to other qualified beneficiaries. A beneficiary whose land, as provided herein, has been foreclosed shall thereafter be permanently disqualified from becoming a beneficiary under this Act.
Transferability of Awarded Lands. If the land has not yet been fully paid by the beneficiary, the rights to the land may be transferred or conveyed, with prior approval of the DAR, to any heir of the beneficiary or to any other beneficiary who, as a condition for such transfer or conveyance, shall cultivate the land himself. Failing compliance herewith, the land shall be transferred to the LBP which shall give due notice of the availability of the land in the manner specified in the immediately preceding paragraph.
In the event of such transfer to the LBP, the latter shall compensate the beneficiary in one lump sum for the amounts the latter has already paid, together with the value of improvements he has made on the land. Standing Crops at the Time of Acquisition. In case it is not economically feasible and sound to divide the land, then it shall be owned collectively by the workers' cooperative or association which will deal with the corporation or business association.
Until a new agreement is entered into by and between the workers' cooperative or association and the corporation or business association, any agreement existing at the time this Act takes effect between the former and the previous landowner shall be respected by both the workers' cooperative or association and the corporation or business association.
Homelots and Farmlots for Members of Cooperatives. Corporate Landowners. Upon certification by the DAR, corporations owning agricultural lands may give their qualified beneficiaries the right to purchase such proportion of the capital stock of the corporation that the agricultural land, actually devoted to agricultural activities, bears in relation to the company's total assets, under such terms and conditions as may be agreed upon by them.
The same principle shall be applied to associations, with respect to their equity or participation. Corporations or associations which voluntarily divest a proportion of their capital stock, equity or participation in favor of their workers or other qualified beneficiaries under this section shall be deemed to have complied with the provisions of the Act: provided, that the following conditions are complied with:.
If within two 2 years from the approval of this Act, the land or stock transfer envisioned above is not made or realized or the plan for such stock distribution approved by the PARC within the same period, the agricultural land of the corporate owners or corporation shall be subject to the compulsory coverage of this Act.
To forestall any disruption in the normal operation of lands to be turned over to the farmworker-beneficiaries mentioned above, a transitory period, the length of which shall be determined by the DAR, shall be established. Payment of Shares of Cooperative or Association.
The landowner and the LBP shall assist the farmers-beneficiaries and workers-beneficiaries in the payment for said shares by providing credit financing. Valuation of Lands. The landowner has the obligation to cultivate directly or through labor administration, and thereby make productive, the area he retains.
CARL is the most comprehensive agrarian reform law because it covers all private and public lands and other lands suitable for agriculture regardless of tenurial agreement and crops produced. CARP gave to farmers who did not have capital and entrepreneurship fully-developed lands forcibly taken from qualified owners.
Farmers then had to fend for themselves and face the burden of risks and losses because of their meager resources. Sixty per cent of allotted funds for CARP went to the intended beneficiaries. There are mainly three reasons for the failure. First is that the reform should have a specific political objective to be achieved within a limited period of time. Once done, the implementation of the agrarian reform program should be terminated. Save Saved Removed 0. What are the disadvantages of carp?
What are the two offices in Comprehensive Agrarian Reform Program? Who are the agrarian reform beneficiaries? Qualified beneficiaries are farmers, tillers or farmworkers who are landless or who own less than three 3 hectares of agricultural lands; Filipino citizens; residents of the barangay or the municipality if there are not enough qualified beneficiaries in the barangay where the landholding is located; at least How many hectares of agricultural land can a Filipino own?
It is important to achieve the objectives of this research paper, in order for the authors to analyze clearly the current situation of the landless farmers at the Hacienda Luisita.
It is important to analyze whether the rights of these farmers, due to a well known law are being set aside because of its own provisions. It is also important to know the general outcome or the good or bad oa no changes at all after the ruling of their case at the Supreme Court of the Philippines on their favor. The problems that this research would like to answer are the question of what is the General Provision of CARP Law with regard to the protection of farmers working inside the Hacienda Luisita, What are the legal remedies of the farmers if this law was set aside, or what are the other laws pertaining to the protection for landless farmers aside form the CARP Law and What are the effects of the CARP Law for the Hacienda Luisita farmers especially on their case at the Supreme Court of the Philippines.
These questions when answered, would hopefully meet the objectives of this research paper. The data gathered for this research came from the Labor Code of the Philippines, The Constitutional Law of the Philippines and numerous articles from different newspapers, journals and books with regard to the CARP Law in the Philippines.
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