Salient Feature on CARP (1)

13

description

important features of CARP

Transcript of Salient Feature on CARP (1)

AGRICULTURAL LANDS

PUBLIC PRIVATE

ALIENABLE NOT ALIENABLE

EXEMPTIONS and

EXCLUSIONS

VESTEDRIGHT

HOMESTEAD ANCESTRAL LAND

a. All alienable and disposable lands of the public domain devoted to or suitable for agriculture

SPECIFIC LANDS COVERED BY CARP

b. All lands of the public domain in excess of the specific limits as determined by Congress in the preceding paragraph;

c. All other lands owned by the Government devoted to or suitable for agriculture; and

d. All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon.

AGRICULTURAL LANDS

PUBLIC PRIVATE

ALIENABLE NOT ALIENABLE

EXEMPTIONS and

EXCLUSIONS

VESTEDRIGHT

HOMESTEAD ANCESTRAL LAND

1. Those which are not suitable for agriculture or those which are classified as mineral, forest residential, commercial or industrial lands. (Sec. 3. ©, RA 6657);

LANDS NOT COVERED BY CARP

2. Those which have been classified and approved as NON-AGRICLTURAL prior to June 15, 1988. (DOJ Opinion No. 44, S. 1990)

3. Those which are EXEMPT pursuant to Sec. 10, RA 6657.

4. Those which are devoted to poultry, swine or livestock-raising as of June 15, 1988 pursuant to the Supreme Court ruling on Luz. Farms vs. The Hon. Secretary of Agrarian Reform (192 SCRA 51);

5. Fishponds and prawn farms exempted pursuant to R.A. No. 7881, and its implementing Administrative Order No. 3, Series of 1995;

6. Those which are retained by the landowners; agricultural.

7. Those lands or portions thereof under the coverage of EO 407 but found to be no longer suitable for agriculture and therefore, could not be given appropriate valuation by the LBP as determined by DAR/LBP; and

8.Those lands declared by Presidential Proclamations for certain uses other than agricultural.

PRIORITIES

Phase One – Effectivity up to not more Phase One – Effectivity up to not more than four (4) yearsthan four (4) years

Phase Two – Immediately and up to not Phase Two – Immediately and up to not more than four (4) yearsmore than four (4) years

Phase Three - Phase Three -

Ten (10) Year Period of Implementation

• 24 to 50 hectares – on the 424 to 50 hectares – on the 4thth year and year and completed within 3 yearscompleted within 3 years

• Retention to 24 hectares – on the 6Retention to 24 hectares – on the 6thth year and year and completed in 4 yearscompleted in 4 years

MODES of ACQUISITION

Compulsory AcquisitionCompulsory Acquisition

Voluntary Offer to SellVoluntary Offer to Sell

Voluntary Land Transfer Voluntary Land Transfer

(Land Transfer Programs)

NON-LAND TRANSFER PROGRAMS

Agricultural LeaseholdAgricultural Leasehold

Production and Profit SharingProduction and Profit Sharing

Stock Distribution PlanStock Distribution Plan

Agricultural lessees and share Agricultural lessees and share tenantstenants

Regular farmworkers;Regular farmworkers; Seasonal farmworkers;Seasonal farmworkers; Other farmworkers;Other farmworkers; Actual tillers or occupants of public Actual tillers or occupants of public

landslands Collectives or cooperatives of the Collectives or cooperatives of the

above beneficiaries; andabove beneficiaries; and Others directly working on the landOthers directly working on the land

QUALIFIED BENEFICIARIES

Award Ceilings for Beneficiaries – 3 Award Ceilings for Beneficiaries – 3 hectareshectares

Retention Area for Landowners – 5 Retention Area for Landowners – 5 hectareshectares

Transferability of Awarded Lands – after Transferability of Awarded Lands – after 10 years10 years

Principle of Affordability and SubsidyPrinciple of Affordability and Subsidy

Valuation and Mode of Compensation to Valuation and Mode of Compensation to LandownersLandowners

OTHER FEATURES OF CARP

DARAB – Adjudicatory BoardDARAB – Adjudicatory Board BARC – MediationBARC – Mediation Administrative Implementation of CARP – ALI Administrative Implementation of CARP – ALI

casescases

ADMINISTRATION ADJUDICATION(Quasi-Judicial Powers of the

DARAB)

Just CompensationJust Compensation Prosecution of all criminal offensesProsecution of all criminal offenses

SPECIAL AGRARIAN COURT

(Regional Trial Court - RTC)