RA 9700 Presentation as of 10.22

RA 9700 -The RA 9700 -The Comprehensive Comprehensive

Agrarian Reform Agrarian Reform Program Extension Program Extension with Reforms Lawwith Reforms Law

(CARPER Law)(CARPER Law)Atty. Jim G. ColetoAtty. Jim G. Coleto

HEA and Assistant SecretaryHEA and Assistant SecretaryDepartment of Agrarian ReformDepartment of Agrarian Reform

Presented during the MCLE for Presented during the MCLE for DAR Lawyers in July 2009, DAR Lawyers in July 2009, CARPO Admin Conference,CARPO Admin Conference,

Legal Sector Assessment in Legal Sector Assessment in September 2009 September 2009

BARIE-initiated series on CARPER BARIE-initiated series on CARPER in October 2009in October 2009

MilestonesMilestones• Approval of Senate Bill 2666 on 2 June 2009 Approval of Senate Bill 2666 on 2 June 2009

and House Bill 4077 on 5 June 2009and House Bill 4077 on 5 June 2009

• Bicameral Conference on 9 June 2009Bicameral Conference on 9 June 2009

• Presentation of the results of the Bicam by Presentation of the results of the Bicam by the Committee Secretaries of both Houses on the Committee Secretaries of both Houses on

17 June 200917 June 2009

• Final Draft as of 2 July 2009; ratified by Final Draft as of 2 July 2009; ratified by CongressCongress

• PGMA signing on 7 August 2009 of RA 9700PGMA signing on 7 August 2009 of RA 9700

• Effectivity retroactive 1 July 2009Effectivity retroactive 1 July 2009

TitleTitle

An Act strengthening the An Act strengthening the Comprehensive Agrarian Reform Comprehensive Agrarian Reform Program (CARP), Extending the Program (CARP), Extending the

Acquisition and Distribution of all Acquisition and Distribution of all Agricultural Lands, Instituting Agricultural Lands, Instituting

Necessary Reforms, Amending for Necessary Reforms, Amending for the purpose certain provisions of the purpose certain provisions of Republic Act No. 6657, Otherwise Republic Act No. 6657, Otherwise

known as the Comprehensive known as the Comprehensive Agrarian Reform Law of 1988, as Agrarian Reform Law of 1988, as

Amended and Appropriating Amended and Appropriating Funds thereforFunds therefor

Discussion HighlightsDiscussion Highlights

• Amendments/revisions to RA Amendments/revisions to RA 66576657

• CARPER includes 34 sectionsCARPER includes 34 sections• BackgroundBackground• Judicial PrecedentsJudicial Precedents

CARPER Provisions

Amended provisions per RA 6657

Sec. 1 Sec. 2, Declaration of Principles and Policies

Sec. 2 Sec. 3, Definitions

Sec. 3 Sec. 4, Scope

Sec. 4 Sec. 6, Retention Limits; incorporates Sec. 6-A, Exception to Retention Limits, and Sec. 6-B, Review of Limits of Land Size

Sec. 5 Sec. 7, Priorities

Sec. 6 Sec. 16, Procedure for Acquisition of Private Lands

Sec. 7 Sec. 17, Determination of Just Compensation

Sec. 8 Sec. 22, Qualified Beneficiaries

CARPER Provisions


Sec. 9 Sec. 24, Award to Beneficiaries

Sec. 10 Sec. 25, Award Ceilings for Beneficiaries

Sec. 12 Sec. 27, Transferability of Awarded Lands

Sec. 13 Sec. 36, Funding for Support Services

Sec. 14 Sec. 37, Support Services to the Beneficiaries

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. 41, The Presidential Agrarian Reform Council

Sec. 18 Sec. 50, Quasi-Judicial Powers of the DAR

Sec. 19 : New provision, incorporated as Sec. 50-A, Exclusive Jurisdiction of Agrarian Dispute

Sec. 20 Sec. 55, No Restraining Order or Preliminary Injunction

Sec. 21 Sec. 63, Funding Source

Sec. 22 Sec. 65, Conversion of Lands

Sec. 23 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. 1. Declaration of Sec. 1. Declaration of Principles and PoliciesPrinciples and Policies

• Categorical statement on industrialization Categorical statement on industrialization and full employment as anchored not only and full employment as anchored not only on agricultural development but also on on agricultural development but also on

agrarian reformagrarian reform, through industries that , through industries that would maximize our human and natural would maximize our human and natural

resources able to compete in both resources able to compete in both domestic and foreign marketsdomestic and foreign markets

• Conversion of agricultural lands into other Conversion of agricultural lands into other uses to take into account the tillers’ rights uses to take into account the tillers’ rights

and national food securityand national food security

• Recognition of the limitations on agricultural Recognition of the limitations on agricultural resources for distribution to ensure economic-resources for distribution to ensure economic-sized family farms for beneficiaries, therefore, sized family farms for beneficiaries, therefore,

industrialization and agrarian reform industrialization and agrarian reform should be pursued simultaneouslyshould be pursued simultaneously

• Industrialization aimed at developing self-reliant Industrialization aimed at developing self-reliant

and independent national economy effectively and independent national economy effectively controlled by Filipinoscontrolled by Filipinos

• The State may establish and operate vital The State may establish and operate vital industries in the interest of national welfare or industries in the interest of national welfare or

defense.defense.

Sec. 1. Declaration of Sec. 1. Declaration of Principles and Policies (Principles and Policies (cont’dcont’d))

• Program implementation should be Program implementation should be community-basedcommunity-based as far as practicable as far as practicable

to ensure farmers’ greater control of farm to ensure farmers’ greater control of farm gate prices and easier access to creditgate prices and easier access to credit

• Equal rights of womenEqual rights of women to own and to own and control land, receive a just share of the control land, receive a just share of the

fruits thereof, and be represented in fruits thereof, and be represented in advisory or decision-making bodies, advisory or decision-making bodies,

independent of their male relatives and independent of their male relatives and civil statuscivil status

Sec. 1. Declaration of Principles Sec. 1. Declaration of Principles and Policies (and Policies (cont’dcont’d))

Sec. 2. DefinitionsSec. 2. Definitions

• FarmerFarmer defined to include those defined to include those involved in livestock and/or fisheries involved in livestock and/or fisheries

productionproduction

• Included definition of Included definition of rural womenrural women as those engaged directly or as those engaged directly or

indirectly in farming and/or fishingindirectly in farming and/or fishing

Sec. 3. ScopeSec. 3. Scope

• Exclusion from coverageExclusion from coverage of of landholdings with an area of five (5) landholdings with an area of five (5)

hectares and below. hectares and below.

• Comprehensive inventory systemComprehensive inventory system in in consonance with the National Land Use consonance with the National Land Use

Plan in accordance with the Local Plan in accordance with the Local Government Code to be instituted by the Government Code to be instituted by the DAR within one (1) year from effectivity DAR within one (1) year from effectivity

of the law. of the law.

• Sec. 6 of RA 6657 on Retention Sec. 6 of RA 6657 on Retention Limits is amended to include the Limits is amended to include the following:following:

Sec. 6-A, Sec. 6-A, Exceptions to Retention Exceptions to Retention LimitsLimits); and); and

Sec. 6-B, Sec. 6-B, Review of Limits of Land Review of Limits of Land SizeSize

Sec. 4. Retention LimitsSec. 4. Retention Limits

• Sec. 6-A:Sec. 6-A: Local government units acquiring private Local government units acquiring private

agricultural lands by expropriation or other agricultural lands by expropriation or other modes for actual, direct and exclusive modes for actual, direct and exclusive public purposes shall not be subject to the public purposes shall not be subject to the five-hectare retention limit under this five-hectare retention limit under this section and Sec. 70 and 73-A of RA 6657, section and Sec. 70 and 73-A of RA 6657, provided that:provided that:

• Lands subject to CARP are first acquired Lands subject to CARP are first acquired and distributed under the program; and,and distributed under the program; and,

• Beneficiaries are paid just compensationBeneficiaries are paid just compensation

Sec. 4. Retention Limits (Sec. 4. Retention Limits (cont’dcont’d))

• Sec. 6-B:Sec. 6-B:

DAR to submit to Congress within six DAR to submit to Congress within six (6) months from the effectivity of the (6) months from the effectivity of the law, a comprehensive study on the law, a comprehensive study on the land size appropriate for each type of land size appropriate for each type of crop, for a possible review of limits of crop, for a possible review of limits of land sizes. land sizes.

Sec. 4. Retention Limits (Sec. 4. Retention Limits (cont’dcont’d))

Sec. 5. PrioritiesSec. 5. Priorities

• Final acquisition and distribution of Final acquisition and distribution of remaining unacquired and remaining unacquired and undistributed lands from undistributed lands from July 1, 2009 July 1, 2009 to June 30, 2014:to June 30, 2014:

• Phase One:Phase One: 1 July 2009 – 30 June 1 July 2009 – 30 June 20122012

– All lands above 50 hectaresAll lands above 50 hectares– All lands in excess of 50 hectares already All lands in excess of 50 hectares already

issued NOCs on or before 31 December 2008issued NOCs on or before 31 December 2008– All rice and corn landsAll rice and corn lands– GOLs/KKK, GFI/GOCC, PCGG acquired landsGOLs/KKK, GFI/GOCC, PCGG acquired lands

• Phase TwoPhase Two

(A) Lands above twenty-four (24) up (A) Lands above twenty-four (24) up to fifty (50) hectares issued NOCs on or to fifty (50) hectares issued NOCs on or before 10 December 2008, to be before 10 December 2008, to be completed by 30 June 2012completed by 30 June 2012

(B) All remaining private (B) All remaining private agricultural lands of LOs with aggregate agricultural lands of LOs with aggregate area in excess of 24 hectares, to be area in excess of 24 hectares, to be implemented and completed from 1 July implemented and completed from 1 July 2012 to 30 June 2013 2012 to 30 June 2013

Sec. 5. Priorities (Sec. 5. Priorities (cont’dcont’d))

•Phase Three:Phase Three:

(A) Lands in excess of ten (10) (A) Lands in excess of ten (10) hectares up to 24 hectares – 1 July 2012 hectares up to 24 hectares – 1 July 2012 to 30 June 2013to 30 June 2013

(B) Lands in excess of retention limit (B) Lands in excess of retention limit up to ten (10) hectares: 1 July 2013 to 30 up to ten (10) hectares: 1 July 2013 to 30 June 2014June 2014


• Other salient provisions:Other salient provisions:

Only VLTs submitted by 30 June 2009 allowedOnly VLTs submitted by 30 June 2009 allowed

After 30 June 2009, only CAs and VOS modes of After 30 June 2009, only CAs and VOS modes of acquisition allowedacquisition allowed

All previously acquired lands wherein valuation is All previously acquired lands wherein valuation is subject to challenge by LOs to be completed and subject to challenge by LOs to be completed and finally resolvedfinally resolved

Only farmers (tenants or lessees) and regular Only farmers (tenants or lessees) and regular farmworkers actually tilling the lands as farmworkers actually tilling the lands as certified under oath by the BARC and certified under oath by the BARC and attested by the LOsattested by the LOs shall be qualified as shall be qualified as beneficiariesbeneficiaries


• Other salient provisionsOther salient provisions::

Undertaking by the intended beneficiary before Undertaking by the intended beneficiary before the municipal/city court judge of his/her the municipal/city court judge of his/her willingness to work the land and make it willingness to work the land and make it productive and to assume the obligation of paying productive and to assume the obligation of paying the land amortizations and land taxesthe land amortizations and land taxes

LAD to be completed on a province-by-province LAD to be completed on a province-by-province

basis; PARC may declare priority land reform basis; PARC may declare priority land reform areasareas

Succeeding phase of LAD to commence only upon Succeeding phase of LAD to commence only upon completion of at least 90% of the immediately completion of at least 90% of the immediately preceding phasepreceding phase



Implementing rules to be prepared by PARC to Implementing rules to be prepared by PARC to take into consideration the following:take into consideration the following:

farmers are organized and understand the meaning and farmers are organized and understand the meaning and obligations of farmland ownership;obligations of farmland ownership;

Distribution of lands to the tillers at the earliest Distribution of lands to the tillers at the earliest practicable time;practicable time;

Enhancement of agricultural productivityEnhancement of agricultural productivity Availability of funds and resources to implement the Availability of funds and resources to implement the

programprogram

PARC to design and conduct information and PARC to design and conduct information and education campaign for farmerseducation campaign for farmers



An owner/tiller may be a beneficiary of other lands he/she An owner/tiller may be a beneficiary of other lands he/she is actually cultivating to the extent of the difference is actually cultivating to the extent of the difference between the area of the land he/she owns and the award between the area of the land he/she owns and the award ceiling of three hectaresceiling of three hectares

Collective ownership shall be subject to Sec. 25 of RA Collective ownership shall be subject to Sec. 25 of RA 66576657

Rural women shall be given the opportunity to participate Rural women shall be given the opportunity to participate in the development planning and implementation of this in the development planning and implementation of this ActAct

In no case should the ARBs sex, economic, religious, In no case should the ARBs sex, economic, religious, social, cultural, and political attributes adversely affect the social, cultural, and political attributes adversely affect the distribution of landsdistribution of lands


Sec. 6. Procedure for Acquisition Sec. 6. Procedure for Acquisition and DISTRIBUTION of Private and DISTRIBUTION of Private

LandsLands

• Amends the title of Sec. 17 of Amends the title of Sec. 17 of RA 6657 to include the word RA 6657 to include the word “DISTRIBUTION.”“DISTRIBUTION.”

Sec. 7. Determination of Just Sec. 7. Determination of Just CompensationCompensation

• Two (2) other factors are included Two (2) other factors are included in the determination of just in the determination of just compensation: compensation:

1.1. Value of standing cropValue of standing crop

2.2. 70% of zonal valuation70% of zonal valuation

Sec. 8. Qualified Beneficiaries Sec. 8. Qualified Beneficiaries

• Landholdings shall first be distributed to Landholdings shall first be distributed to agricultural lessees and share tenants, agricultural lessees and share tenants, then to regular farmworkers of that same then to regular farmworkers of that same landholding up to a maximum of three (3) landholding up to a maximum of three (3) hectares each. The remaining portion, if hectares each. The remaining portion, if any, shall thereafter be distributed to any, shall thereafter be distributed to other qualified beneficiaries pursuant to other qualified beneficiaries pursuant to Sec. 22, subpars. (C), (D), (E), (F), and Sec. 22, subpars. (C), (D), (E), (F), and (G) of RA No. 6657(G) of RA No. 6657

Sec. 9. Award to BeneficiariesSec. 9. Award to Beneficiaries

• Rights and responsibilities of ARBs to Rights and responsibilities of ARBs to commence upon their receipt of their commence upon their receipt of their duly-registered EP or CLOA and their duly-registered EP or CLOA and their actual physical position of the awarded actual physical position of the awarded land, which award to be completed by the land, which award to be completed by the DAR in not more than 180 days from the DAR in not more than 180 days from the date of registration of the RP Title.date of registration of the RP Title.

• EPs, CLOAs, and other titles awarded EPs, CLOAs, and other titles awarded

under the agrarian reform program shall under the agrarian reform program shall be be indefeasible and imprescriptible indefeasible and imprescriptible after one (1) yearafter one (1) year from its registration from its registration with the Registry of Deedswith the Registry of Deeds

• Ministerial duty of Register of DeedsMinisterial duty of Register of Deeds to to register title in the name of RP after LBP register title in the name of RP after LBP duly certifies that the necessary deposit in duly certifies that the necessary deposit in favor of the landowner has been made, and favor of the landowner has been made, and to cancel previous titles pertaining theretoto cancel previous titles pertaining thereto

• Identified and qualified ARBs have Identified and qualified ARBs have usufructuary rights of over awarded landusufructuary rights of over awarded land as soon as the DAR takes possession of the as soon as the DAR takes possession of the same, even pending award of the EP or CLOAsame, even pending award of the EP or CLOA

Sec. 9. Award to Beneficiaries Sec. 9. Award to Beneficiaries ((cont’dcont’d))

• Exclusive and original Exclusive and original jurisdiction of the Secretary of jurisdiction of the Secretary of the DARthe DAR over all cases involving over all cases involving the cancellation of emancipation the cancellation of emancipation

patents, certificates of land patents, certificates of land ownership award, and other titles ownership award, and other titles issued under any agrarian reform issued under any agrarian reform

programprogram

Sec. 9. Award to Beneficiaries Sec. 9. Award to Beneficiaries ((cont’dcont’d))

Sec. 10. Award Ceilings for Sec. 10. Award Ceilings for BeneficiariesBeneficiaries

• Determination of the size of land Determination of the size of land for distribution shall consider crop for distribution shall consider crop type, soil type, weather patterns type, soil type, weather patterns and other pertinent variables or and other pertinent variables or factors deemed critical for the factors deemed critical for the success of the ARBssuccess of the ARBs

• DAR to encourage ARBs to form or DAR to encourage ARBs to form or

join organizationsjoin organizations

• General principle: General principle: Individual titleIndividual title, , but ARBs may opt for collective but ARBs may opt for collective ownership and for the issuance of ownership and for the issuance of collective ownership titles, but total collective ownership titles, but total area that may be awarded shall not area that may be awarded shall not exceed the total number of co-owners exceed the total number of co-owners or members multiplied by the award or members multiplied by the award limit, except in meritorious cases as limit, except in meritorious cases as determined by the PARC.determined by the PARC.

Sec. 10. Award Ceilings for Sec. 10. Award Ceilings for Beneficiaries (Beneficiaries (cont’dcont’d))

• Conditions for the issuance of collective title:Conditions for the issuance of collective title:

A.A. current farm management inappropriate for individual current farm management inappropriate for individual farmingfarming

B.B. farm labor system is specialized, where the farmworkers farm labor system is specialized, where the farmworkers are organized by functions and not by specific parcelsare organized by functions and not by specific parcels

C.C. Potential beneficiaries are currently working collectively Potential beneficiaries are currently working collectively on large contiguous areas and not farming individual on large contiguous areas and not farming individual parcelsparcels

D.D. Farm consists of multiple crops being farmed in Farm consists of multiple crops being farmed in integrated manner or includes non-crop production integrated manner or includes non-crop production areas that cannot be subdivided or assigned to areas that cannot be subdivided or assigned to individual farmersindividual farmers


• Idle and abandoned lands shall be Idle and abandoned lands shall be awarded under collective ownership only awarded under collective ownership only if the ARBs opt for it and there is a clear if the ARBs opt for it and there is a clear development plan that would require development plan that would require collective farmingcollective farming

• CLOAs shall be issued in the name of the CLOAs shall be issued in the name of the

co-owners or the cooperative or co-owners or the cooperative or collective organization, as the case may collective organization, as the case may be. In the case of the latter, the names of be. In the case of the latter, the names of the beneficiaries must also be listed in the beneficiaries must also be listed in the same CLOAthe same CLOA


• DAR shall immediately undertake DAR shall immediately undertake parcelization of existing collective parcelization of existing collective CLOAs especially those that do not CLOAs especially those that do not exhibit the requirements for collective exhibit the requirements for collective ownership. ownership.

• Parcelization to commence immediately Parcelization to commence immediately upon effectivity of this Act and not to upon effectivity of this Act and not to exceed a period of three (3) years.exceed a period of three (3) years.


Sec. 11. Payment by BeneficiariesSec. 11. Payment by Beneficiaries

• Specifies when amortization shall Specifies when amortization shall commence:commence:

one (1) year from the date of registration of one (1) year from the date of registration of the CLOA; or,the CLOA; or,

one (1) year from the date o actual one (1) year from the date o actual occupancy if the occupancy took place after occupancy if the occupancy took place after the registration of the CLOAthe registration of the CLOA

• Payments for first three (3) years SHALL Payments for first three (3) years SHALL be at reduced amount as established by be at reduced amount as established by the PARCthe PARC

Sec. 12.Transferability of Sec. 12.Transferability of Awarded LandsAwarded Lands

• Prohibition for a period of ten (10) Prohibition for a period of ten (10) years against sale, transfer, or years against sale, transfer, or conveyance of awarded landsconveyance of awarded lands exceptexcept THROUGH THE DAR, and only THROUGH THE DAR, and only under the following conditions:under the following conditions:

Through hereditary succession, orThrough hereditary succession, or To the government, orTo the government, or To the LBP, orTo the LBP, or To other qualified beneficiariesTo other qualified beneficiaries

• Title of land awarded under the Title of land awarded under the agrarian reform program must indicate agrarian reform program must indicate that it is an Emancipation Patent or that it is an Emancipation Patent or Certificate of Land Ownership Award Certificate of Land Ownership Award and the subsequent transfer must also and the subsequent transfer must also indicate the sameindicate the same

Sec. 12.Transferability of Sec. 12.Transferability of Awarded Lands (Awarded Lands (cont’dcont’d))

Sec.13. Funding for Support Sec.13. Funding for Support ServicesServices

• Funding share for support services increased to 40% of Funding share for support services increased to 40% of total agrarian reform appropriationstotal agrarian reform appropriations

• DAR to pursue an integrated LAD and PBD strategyDAR to pursue an integrated LAD and PBD strategy

• Establishment, as far as practicable, of a minimum of Establishment, as far as practicable, of a minimum of two (2) ARCs per year per legislative district in areas two (2) ARCs per year per legislative district in areas

which have been substantially covered under the which have been substantially covered under the agrarian reform programagrarian reform program

• DAR to ensure complementary support services DAR to ensure complementary support services delivery for non-ARC areasdelivery for non-ARC areas

• DAR authorized to package proposals and receive DAR authorized to package proposals and receive

grants, aids, and other forms of financial assistance grants, aids, and other forms of financial assistance from any source, in close coordination with the COCAR, from any source, in close coordination with the COCAR, with due notice to the concerned representative of the with due notice to the concerned representative of the

legislative district prior to implementationlegislative district prior to implementation

Sec. 14. Support Services for Sec. 14. Support Services for Agrarian Reform BeneficiariesAgrarian Reform Beneficiaries

• The State shall adopt the The State shall adopt the integrated policy of support integrated policy of support services delivery to ARBsservices delivery to ARBs

• The DAR, the Department of The DAR, the Department of Finance, and the Bangko Sentral ng Finance, and the Bangko Sentral ng Pilipinas shall institute reforms to Pilipinas shall institute reforms to liberalize access to credit by ARBS, liberalize access to credit by ARBS, such as socialized terms on such as socialized terms on agricultural credit facilitiesagricultural credit facilities

• 30% of the 40% support services 30% of the 40% support services allocation shall be immediately set allocation shall be immediately set aside and made available for aside and made available for agricultural credit facilities:agricultural credit facilities:

1/3 for subsidies to support initial 1/3 for subsidies to support initial capitalization of new ARBs upon the capitalization of new ARBs upon the awarding of their EP or CLOA; andawarding of their EP or CLOA; and

2/3 allocation to provide access to 2/3 allocation to provide access to socialized credit for ARBs and socialized credit for ARBs and leaseholdersleaseholders

Sec. 14. Support Services for Sec. 14. Support Services for Agrarian Reform Beneficiaries Agrarian Reform Beneficiaries

((cont’dcont’d))

• LBP and other concerned government LBP and other concerned government financial institutions, accredited savings financial institutions, accredited savings and credit cooperatives, financial service and credit cooperatives, financial service cooperatives and accredited cooperative cooperatives and accredited cooperative banks shall provide the delivery system banks shall provide the delivery system for disbursement of the said financial for disbursement of the said financial assistanceassistance

• All financial institutions may accept as All financial institutions may accept as collateral for loans the purchase orders, collateral for loans the purchase orders, marketing agreements or expected marketing agreements or expected harvests harvests



• Remaining 70% of the 40% support services Remaining 70% of the 40% support services allocation, 15% shall be earmarked for farm allocation, 15% shall be earmarked for farm inputs and 5% for seminars, trainings and the inputs and 5% for seminars, trainings and the likelike

• Direct and active DAR assistance in the Direct and active DAR assistance in the

education and organization of actual and education and organization of actual and potential ARBspotential ARBs

• PARC to adopt, implement, and monitor policies PARC to adopt, implement, and monitor policies and programs to ensure fundamental equality and programs to ensure fundamental equality of women and men in the implementation of the of women and men in the implementation of the programprogram



Sec.15. Equal Support Sec.15. Equal Support Services for Rural WomenServices for Rural Women

• Support services shall be extended Support services shall be extended equally to women and men agrarian equally to women and men agrarian

reform beneficiariesreform beneficiaries

• PARC to ensure that these support PARC to ensure that these support services integrate with the specific needs services integrate with the specific needs

and well-being of women farmer-and well-being of women farmer-beneficiariesbeneficiaries

Sec.16. Support Services for Sec.16. Support Services for LandownersLandowners

Investment assistance to affected LOs shall Investment assistance to affected LOs shall include access to INVESTMENT include access to INVESTMENT

INFORMATION, FINANCIAL AND INFORMATION, FINANCIAL AND COUNSELING ASSISTANCE COUNSELING ASSISTANCE

PARTICULARLY PARTICULARLY INVESTMENT INVESTMENT INFORMATION ON GOVERNMENT INFORMATION ON GOVERNMENT

OWNED OR CONTROLLED OWNED OR CONTROLLED CORPORATIONS AND DISPOSABLE CORPORATIONS AND DISPOSABLE

ASSETSASSETS OF THE GOVERNMENT IN OF THE GOVERNMENT IN PURSUIT OF NATIONAL PURSUIT OF NATIONAL

INDUSTRIALIZATION AND ECONOMIC INDUSTRIALIZATION AND ECONOMIC INDEPENDENCE.INDEPENDENCE.

• LBP shall redeem an LO’s agrarian reform LBP shall redeem an LO’s agrarian reform bonds at face value as an incentive, provided bonds at face value as an incentive, provided that:that:

At least 50% of the proceeds shall be invested in a At least 50% of the proceeds shall be invested in a BOI-registered company or in any agri-business or BOI-registered company or in any agri-business or agro-industrial enterprise where the CARP covered agro-industrial enterprise where the CARP covered landholding is locatedlandholding is located

• Additional 2% incentive in cash shall be paid to Additional 2% incentive in cash shall be paid to an LO who maintains his/her enterprise as a an LO who maintains his/her enterprise as a going concern for 5 years or keeps his / her going concern for 5 years or keeps his / her investment in a BOI-registered firm for the investment in a BOI-registered firm for the same period. Provided, further that the rights same period. Provided, further that the rights of the ARBs are not, in any prejudiced or of the ARBs are not, in any prejudiced or impaired thereby.impaired thereby.

Sec.16. Support Services for Sec.16. Support Services for Landowners (Landowners (cont’dcont’d))

THE DAR, LBP, AND THE DEPARTMENT THE DAR, LBP, AND THE DEPARTMENT OF TRADE AND INDUSTRY SHALL OF TRADE AND INDUSTRY SHALL

JOINTLY FORMULATE THE PROGRAM TO JOINTLY FORMULATE THE PROGRAM TO CARRY OUT THESE PROVISIONS UNDER CARRY OUT THESE PROVISIONS UNDER

THE SUPERVISION OF THE PARC; THE SUPERVISION OF THE PARC; PROVIDEDPROVIDED, THAT IN NO CASE SHALL , THAT IN NO CASE SHALL

THE LO’S SEX, ECONOMIC, RELIGIOUS, THE LO’S SEX, ECONOMIC, RELIGIOUS, SOCIAL, CULTURAL AND POLITICAL SOCIAL, CULTURAL AND POLITICAL ATTRIBUTES EXCLUDE THEM FROM ATTRIBUTES EXCLUDE THEM FROM

ACCESSING THESE SUPPORT SERVICES.ACCESSING THESE SUPPORT SERVICES.

Sec.16. Support Services for Sec.16. Support Services for Landowners (Landowners (cont’dcont’d))

Sec. 17. The Presidential Sec. 17. The Presidential Agrarian Reform CouncilAgrarian Reform Council

• Inclusion of the Land Registration Authority Inclusion of the Land Registration Authority Administrator as memberAdministrator as member

• Of the six (6) beneficiary representatives, at Of the six (6) beneficiary representatives, at least one (1) shall be from the Indigenous least one (1) shall be from the Indigenous Peoples, and one (1) from a duly recognized Peoples, and one (1) from a duly recognized national organization of rural women or a national organization of rural women or a national organization of ARBs with a national organization of ARBs with a substantial number of women memberssubstantial number of women members

• At least 20% of the members of the PARC At least 20% of the members of the PARC shall be women but in no case shall they be shall be women but in no case shall they be two (2)two (2)

Sec. 18.Quasi-Judicial Powers Sec. 18.Quasi-Judicial Powers of the DARof the DAR

• Decisions of the DAR shall be Decisions of the DAR shall be immediately executory notwithstanding immediately executory notwithstanding

an appeal to the Court of Appeals, an appeal to the Court of Appeals, except a decision or a portion except a decision or a portion

thereof involving solely the issue of thereof involving solely the issue of just compensationjust compensation

Sec. 19. Exclusive Sec. 19. Exclusive Jurisdiction on Agrarian Jurisdiction on Agrarian

DisputeDispute

• No court or prosecutor ‘s office No court or prosecutor ‘s office shall take cognizance of cases shall take cognizance of cases

pertaining to the implementation pertaining to the implementation of the CARP except those of the CARP except those

provided under Sec 57 of RA provided under Sec 57 of RA 6657.6657.

Sec. 19. Exclusive Jurisdiction Sec. 19. Exclusive Jurisdiction on Agrarian Dispute on Agrarian Dispute (cont’d)(cont’d)

• Automatic referral by the judge or Automatic referral by the judge or prosecutor to the DARprosecutor to the DAR of cases where there of cases where there are allegations from any of the parties that the are allegations from any of the parties that the

dispute is agrarian in nature, and one of the dispute is agrarian in nature, and one of the parties is a farmer, farmworker or a tenant; DAR parties is a farmer, farmworker or a tenant; DAR to certify within 15 days from referral whether to certify within 15 days from referral whether

or not an agrarian dispute exists. or not an agrarian dispute exists.

• Aggrieved party shall have judicial recourseAggrieved party shall have judicial recourse, , in cases referred by the MTC and prosecutor’s in cases referred by the MTC and prosecutor’s

office, with the proper regional trial court, and in office, with the proper regional trial court, and in cases referred by the RTC, to the Court of cases referred by the RTC, to the Court of

Appeals.Appeals.

• Legal personality of ARBs or identified Legal personality of ARBs or identified beneficiaries in cases before regular courts beneficiaries in cases before regular courts or quasi-judicial bodies of competent or quasi-judicial bodies of competent jurisdiction to intervene concerning their jurisdiction to intervene concerning their individual or collective rights and/or interests individual or collective rights and/or interests under the CARPunder the CARP

• Non-registration with the SEC of associations Non-registration with the SEC of associations of ARBs or identified beneficiaries not a bar of ARBs or identified beneficiaries not a bar to the existence of said legal standing and to the existence of said legal standing and interestinterest

Sec. 19. Exclusive Sec. 19. Exclusive Jurisdiction on Agrarian Jurisdiction on Agrarian

DisputeDispute

Sec. 20. No Restraining Order or Sec. 20. No Restraining Order or Preliminary InjunctionPreliminary Injunction

EXCEPT FOR THE SUPREME EXCEPT FOR THE SUPREME COURTCOURT, no court in the Philippines , no court in the Philippines shall have jurisdiction to issue any shall have jurisdiction to issue any

restraining order or writ of restraining order or writ of preliminary injunction against the preliminary injunction against the PARC, the DAR, or any of its duly PARC, the DAR, or any of its duly

authorized representativeauthorized representative

Sec. 21. Funding SourceSec. 21. Funding Source

• Additional funding for CARP until 30 June 2014 Additional funding for CARP until 30 June 2014 of at least ONE HUNDRED FIFTY BILLION of at least ONE HUNDRED FIFTY BILLION PESOS (PESOS (PhP150,000,000,000.00PhP150,000,000,000.00) funded ) funded from from the Agrarian Reform Fund and other the Agrarian Reform Fund and other funding sourcesfunding sources

• All funds appropriated during the 5-yr period All funds appropriated during the 5-yr period shall be considered shall be considered continuing appropriationscontinuing appropriations during the period of its implementationduring the period of its implementation

• As the need arises, specific amounts for bond As the need arises, specific amounts for bond redemptions, interest payments and other redemptions, interest payments and other existing obligations arising from program existing obligations arising from program implementation shall be included in the annual implementation shall be included in the annual general appropriationsgeneral appropriations

• Sources of funding or appropriationsSources of funding or appropriations::

a)a) Proceeds from the sales of the Privatization Proceeds from the sales of the Privatization and Management Office (PMO)and Management Office (PMO)

b)b) All receipts from assets recovered and from All receipts from assets recovered and from sales of ill-gotten wealth through the PCGG sales of ill-gotten wealth through the PCGG excluding the amount appropriated for excluding the amount appropriated for compensation of Human Rights victimscompensation of Human Rights victims

c)c) Proceeds of the disposition and development Proceeds of the disposition and development of Philippine Government properties abroadof Philippine Government properties abroad

Sec. 21. Funding Source (Sec. 21. Funding Source (cont’dcont’d))

• Sources of funding or appropriationsSources of funding or appropriations::

d)d) All income and collections of whatever form and All income and collections of whatever form and naturenature arising from the agrarian reform operations, arising from the agrarian reform operations, projects and programs of the DAR and other CARP projects and programs of the DAR and other CARP implementing agenciesimplementing agencies

e)e) Portion of amounts accruing to the Philippines from Portion of amounts accruing to the Philippines from all sources of foreign aid grants and concessional all sources of foreign aid grants and concessional financingfinancing

f)f) Yearly appropriations of no less than Yearly appropriations of no less than FIVE BILLION FIVE BILLION PESOSPESOS from the GAA from the GAA

d)d) Gratuitous financial assistance from legitimate Gratuitous financial assistance from legitimate

sourcessources

e)e) Other government funds not otherwise appropriatedOther government funds not otherwise appropriated


• Just compensation payments shall only be Just compensation payments shall only be sourced from the ARFsourced from the ARF

• Just compensation payments that cannot be Just compensation payments that cannot be covered within the program’s approved annual covered within the program’s approved annual budget shall be budget shall be chargeable against the debt chargeable against the debt service programservice program of the national government or of the national government or any unprogrammed item in the GAA.any unprogrammed item in the GAA.

• After completion of the LAD component of the After completion of the LAD component of the CARP (30 June 2014), CARP (30 June 2014), yearly appropriation yearly appropriation shall be allocated fully to support services, shall be allocated fully to support services, agrarian justice delivery, and operational agrarian justice delivery, and operational requirementsrequirements of the DAR and other CARP of the DAR and other CARP implementing agencies.implementing agencies.


Sec. 22. Conversion of LandsSec. 22. Conversion of Lands

• DAR may, with due notice to the affected parties DAR may, with due notice to the affected parties and subject to existing laws, authorize the and subject to existing laws, authorize the reclassification or conversion of lands and its reclassification or conversion of lands and its disposition after five (5) years from its award disposition after five (5) years from its award when:when:

the land ceases to be economically feasible and sound the land ceases to be economically feasible and sound for agricultural purposes, orfor agricultural purposes, or

the locality has become urbanized and the land will the locality has become urbanized and the land will have greater economic value for residential, have greater economic value for residential, commercial or industrial purposecommercial or industrial purpose

• Who may apply for conversion:Who may apply for conversion:

the beneficiary, orthe beneficiary, or the landowner with respect only to his/her retained the landowner with respect only to his/her retained

area which is tenantedarea which is tenanted

• If the applicant for conversion is an If the applicant for conversion is an agrarian reform beneficiary and the agrarian reform beneficiary and the land sought to be converted in the land land sought to be converted in the land awarded to him/her or a portion awarded to him/her or a portion thereof, the applicant, after conversion thereof, the applicant, after conversion is granted shall:is granted shall:

a)a) Invest at least 10% of the proceeds coming from Invest at least 10% of the proceeds coming from conversion in government securities; andconversion in government securities; and

b)b) Fully pay the price of the landFully pay the price of the land • Irrigated and irrigable lands shall not Irrigated and irrigable lands shall not

be subject to conversionbe subject to conversion

Sec. 22. Conversion of Lands Sec. 22. Conversion of Lands ((cont’dcont’d))

• NIA shall submit a consolidated data on NIA shall submit a consolidated data on the location nationwide of all irrigable the location nationwide of all irrigable lands within one (1) year from the lands within one (1) year from the effectivity of this Act.effectivity of this Act.

• Failure to implement the conversion plan Failure to implement the conversion plan within 5 years from the approval of such within 5 years from the approval of such conversion plan or any violation of the conversion plan or any violation of the conditions of the conversion order due to conditions of the conversion order due to the fault of the applicant shall cause the the fault of the applicant shall cause the land to automatically be covered by land to automatically be covered by CARP.CARP.

Sec. 22. Conversion of Lands Sec. 22. Conversion of Lands ((cont’dcont’d))

Sec. 23. Immunity of Sec. 23. Immunity of Government Agencies from Government Agencies from

Undue InterferenceUndue Interference

IN CASES FALLING WITHIN THEIR IN CASES FALLING WITHIN THEIR JURISDICTION, JURISDICTION, NO INJUNCTION, NO INJUNCTION,

RESTRAINING ORDER, PROHIBITION RESTRAINING ORDER, PROHIBITION OR MANDAMUS SHALL BE ISSUEDOR MANDAMUS SHALL BE ISSUED BY THE RTC, MTC , TRIAL COURTS, BY THE RTC, MTC , TRIAL COURTS,

MUNICIPAL CIRCUIT TRIAL COURTS, MUNICIPAL CIRCUIT TRIAL COURTS, METROPOLITAN TRIAL COURTS METROPOLITAN TRIAL COURTS

AGAINST THE DAR, DA, DENR AND THE AGAINST THE DAR, DA, DENR AND THE DOJ IN THEIR IMPLEMENTATION OF DOJ IN THEIR IMPLEMENTATION OF

THE PROGRAM.THE PROGRAM.

Sec. 24. Prohibited Acts and Sec. 24. Prohibited Acts and OmissionsOmissions

• In addition to those enumerated Prohibited In addition to those enumerated Prohibited Acts and Omissions in Sec. 73 of RA 6657, Acts and Omissions in Sec. 73 of RA 6657, the following are also prohibited and shall the following are also prohibited and shall constitute unjustified, willful, and constitute unjustified, willful, and malicious act by a responsible government malicious act by a responsible government officer or officers:officer or officers:

1)1) Denial of notice and/or reply to the Denial of notice and/or reply to the landownerslandowners

2)2) Deprivation of retention rightsDeprivation of retention rights3)3) Undue or inordinate delay in the Undue or inordinate delay in the

preparation of claim folderspreparation of claim folders4)4) Any undue delay, refusal or failure in the Any undue delay, refusal or failure in the

payment of just compensationpayment of just compensation

• The following are additionally The following are additionally enumerated as prohibited acts:enumerated as prohibited acts:

Undue delay or unjustified failure in the Undue delay or unjustified failure in the submission of required reportssubmission of required reports

Undue delay in the compliance with the Undue delay in the compliance with the obligation and/or falsification of the obligation and/or falsification of the certification or attestationcertification or attestation

Any culpable neglect or willful violations Any culpable neglect or willful violations of the provisions of this Actof the provisions of this Act

Sec. 24. Prohibited Acts Sec. 24. Prohibited Acts and Omissions (and Omissions (cont’dcont’d))

• Conviction under this Act is without Conviction under this Act is without prejudice to any civil and/or appropriate prejudice to any civil and/or appropriate administrative proceedings under Civil administrative proceedings under Civil Service laws, rules and regulations in case Service laws, rules and regulations in case of government officials and employeesof government officials and employees

• Any person convicted under this Act shall Any person convicted under this Act shall not be entitled to any benefits provided for not be entitled to any benefits provided for in any agrarian reform law or programin any agrarian reform law or program

Sec. 24. Prohibited Acts and Sec. 24. Prohibited Acts and Omissions (Omissions (cont’dcont’d))

Sec. 25. PenaltiesSec. 25. Penalties

• Penalties imposed for specific violations:Penalties imposed for specific violations:

1)1) Imprisonment of Imprisonment of three (3) years and one (1) three (3) years and one (1) day to six (6) yearsday to six (6) years or a fine of not less than or a fine of not less than Fifty Thousand PesosFifty Thousand Pesos, or both, at the discretion , or both, at the discretion of the court upon any person who violates Sec. of the court upon any person who violates Sec. 73 subparagraphs (A), (B), (F), (G), and (H) of 73 subparagraphs (A), (B), (F), (G), and (H) of Republic Act No. 6657, as amended; andRepublic Act No. 6657, as amended; and

2)2) Imprisonment of six(6) years and one (1) Imprisonment of six(6) years and one (1)

day to twelve (12) yearsday to twelve (12) years or a fine of or a fine of not less not less than Two Hundred Thousand Pesos and not than Two Hundred Thousand Pesos and not more than One Million Pesosmore than One Million Pesos, or both, at the , or both, at the discretion of the court upon any person who discretion of the court upon any person who violates Sec. 73, subparagraphs (C), (D), (E), and violates Sec. 73, subparagraphs (C), (D), (E), and (I) of Republic Act No. 6657, as amended(I) of Republic Act No. 6657, as amended

• Twenty-five Million PesosTwenty-five Million Pesos (PhP25,000,000.00) yearly (PhP25,000,000.00) yearly

appropriation for the COCARappropriation for the COCAR

• Term of COCAR to end six (6) months Term of COCAR to end six (6) months after the expiration of the five-year after the expiration of the five-year

extended period of the CARPextended period of the CARP

Sec. 26. Congressional Oversight Sec. 26. Congressional Oversight Committee (cont’d)Committee (cont’d)

Sec. 26. Congressional Oversight Sec. 26. Congressional Oversight CommitteeCommittee

• Creation of a Creation of a Congressional Oversight Congressional Oversight Committee on Agrarian Reform Committee on Agrarian Reform (COCAR)(COCAR) to oversee and monitor to oversee and monitor implementation of this Act.implementation of this Act.

• Membership:Membership:– ChairpersonsChairpersons: Chairpersons of the House : Chairpersons of the House

and Senate Committees on Agrarian Reformand Senate Committees on Agrarian Reform– Three (3) members from each Houses of Three (3) members from each Houses of

CongressCongress, to be respectively designated by , to be respectively designated by the Speaker and the Senate Presidentthe Speaker and the Senate President

Sec. 27. Powers and Sec. 27. Powers and Functions of the COCARFunctions of the COCAR

a)a) Prescribed and adopt guidelines which shall Prescribed and adopt guidelines which shall govern its work;govern its work;

b)b) Hold hearings and consultations, receive Hold hearings and consultations, receive testimonies and reports pertinent to its specified testimonies and reports pertinent to its specified concerns;concerns;

c)c) Secure from any department, bureau, office or Secure from any department, bureau, office or instrumentality of the government such assistance instrumentality of the government such assistance as may be needed, including technical information, as may be needed, including technical information, preparation and production of reports and preparation and production of reports and submission of recommendations or plans as it may submission of recommendations or plans as it may require, particularly a yearly report of the record require, particularly a yearly report of the record or performance of each ARB as provided under or performance of each ARB as provided under Sec 22 of RA 6657, as amended;Sec 22 of RA 6657, as amended;

d)d) Secure from the DAR or the LBP information on Secure from the DAR or the LBP information on the amount of just compensation determined to the amount of just compensation determined to be paid or which has been paid to any LObe paid or which has been paid to any LO

e)e) Secure from the DAR or the LBP quarterly Secure from the DAR or the LBP quarterly reports on the disbursement of funds for the reports on the disbursement of funds for the agrarian reform programagrarian reform program

f)f) OverseeOversee and monitor, in such a manner as it may and monitor, in such a manner as it may

deem necessary, the actual implementation of deem necessary, the actual implementation of the program and projects by the DAR.the program and projects by the DAR.

Sec. 26. Congressional Oversight Sec. 26. Congressional Oversight Committee (cont’d)Committee (cont’d)

g)g) Summon by subpoena any public or Summon by subpoena any public or private citizen to testify before it, or private citizen to testify before it, or require by subpoena duces tecum to require by subpoena duces tecum to produce before it such records, reports produce before it such records, reports or other documents as my be necessary or other documents as my be necessary in the performance of its functions.in the performance of its functions.

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

Sec. 27. Powers and Sec. 27. Powers and Functions of the COCAR Functions of the COCAR


i)i) Approve the budget for the work of the Approve the budget for the work of the Committee and all disbursements therefrom, Committee and all disbursements therefrom, including compensation of all personnel;including compensation of all personnel;

j)j) Organize its staff and hire and appoint such Organize its staff and hire and appoint such employees and personnel whether temporary, employees and personnel whether temporary, contractual or on consultancy, subject to contractual or on consultancy, subject to applicable rules; andapplicable rules; and

k)k) Exercise all the powers necessary and incidental Exercise all the powers necessary and incidental to attain the purposes for which it is created.to attain the purposes for which it is created.

Sec. 27. Powers and Sec. 27. Powers and Functions of the COCAR Functions of the COCAR


Sec. 28. Periodic ReportsSec. 28. Periodic Reports

COCAR shall submit to the Speaker of the COCAR shall submit to the Speaker of the HOR and to the Senate President periodic HOR and to the Senate President periodic

reports on its findings and recommendations reports on its findings and recommendations on actions to be undertaken by both Houses on actions to be undertaken by both Houses

of Congress, the DAR and the PARC.of Congress, the DAR and the PARC.

Sec. 29. Access to InformationSec. 29. Access to Information

Information on the amount of just compensation paid to any LO under RA 6657, as amended, and other AR laws shall be deemed public information.

Sec. 30. Resolution of CasesSec. 30. Resolution of Cases

Any pending case and/or proceeding involving Any pending case and/or proceeding involving CARP implementation as of June 30, 2014 shall CARP implementation as of June 30, 2014 shall

be allowed to proceed to its finality and be be allowed to proceed to its finality and be executed even beyond such date.executed even beyond such date.

Implementing rules and regulations to take effect Implementing rules and regulations to take effect on on July 1, 2009July 1, 2009 shall be formulated by the PARC shall be formulated by the PARC and DAR and DAR within 30 dayswithin 30 days upon the effectivity of upon the effectivity of

this Act and shall be published in at least 2 this Act and shall be published in at least 2 newspapers of general circulation.newspapers of general circulation.

Sec. 31. Implementing Rules and Sec. 31. Implementing Rules and RegulationsRegulations

Sec. 32. Repealing ClauseSec. 32. Repealing Clause

Sec. 53 of RA 3844, otherwise known as Sec. 53 of RA 3844, otherwise known as the Agricultural Land Reform Code, is the Agricultural Land Reform Code, is

hereby repealed and all other laws, hereby repealed and all other laws, decrees, executive orders, issuances, decrees, executive orders, issuances, rules and regulations or parts thereof rules and regulations or parts thereof inconsistent with this Act are hereby inconsistent with this Act are hereby

likewise repealed or amended likewise repealed or amended accordingly.accordingly.

Sec. 33. Separability ClauseSec. 33. Separability Clause

If, for any reason, any section or provision of this If, for any reason, any section or provision of this Act is declared unconstitutional or invalid, the Act is declared unconstitutional or invalid, the

other sections or provisions not affected other sections or provisions not affected thereby shall remain in full force and effect.thereby shall remain in full force and effect.

Sec. 34. Effectivity ClauseSec. 34. Effectivity Clause

Effectivity: 01 July 2009 Publication: at least 2

newspapers of general circulation

RA 9700 Presentation as of 10.22

Documents

Transcript of RA 9700 Presentation as of 10.22