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Corre Midterms > LAW: RA No. 6657 - Comprehensive Agrarian Reform Law of 1988 SALIENT FEATURES > Flashcards

LAW: RA No. 6657 - Comprehensive Agrarian Reform Law of 1988 SALIENT FEATURES Flashcards

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1
Q

What is CARL?

A

Comprehensive Agrarian Reform Law was
made into Law on June 10, 1988 through Republic
Act No. 6657

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2
Q

What are the principles and policies under RA
6657?

A
  1. Promote social justice
  2. More equitable distribution and ownership of land
  3. Founded on the right of farmers and regular farmworkers
  4. Recognize participation of farmers, farmworkers
    and landowners, as well as cooperatives and
    other independent farmers’ organizations
  5. support to agriculture
  6. Apply the principles of agrarian reform, or
    stewardship
  7. Resettle farmers and farmworkers in its own
    agricultural estates
  8. the formation and maintenance of economic-size
  9. land has a social function and landownership has a social responsibility
  10. Provide incentives to landowners to invest the
    proceeds of the agrarian reform program
  11. May lease undeveloped lands of the public
    domain
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3
Q

What are the key components of CARP?

A

LAP
Land Tenure Improvement
Agrarian Justice Delivery.
Program Beneficiaries Development.

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4
Q

What are the most common misconceptions
about CARL?

A
  • CARL is not really comprehensive.
  • CARL is a violation of rights to private property
  • CARP is Pro-tenant
  • CARL is anti-landowner
  • Agrarian Reform leads to fragmentation of
    lands
  • Small farms are less efficient and less
    productive
  • The CARP is a total failure
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5
Q

What is the coverage of CARL?

A
  • All public and private agricultural lands
  • Other lands of the public domain suitable for
    agriculture regardless of tenurial arrangement
    and commodity produced
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6
Q

What specific lands are included in the
coverage of CARP?

A

GAPP
Government owned lands - agriculture.
Alienable and disposable lands of the public - agriculture.
Public domain lands in excess of the specific limits

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7
Q

What is the Scope of CARP?

A

10.3 million hectares of private and public agricultural land

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8
Q

What do we mean by agricultural lands?

A

Land devoted to agricultural activity and not classified as mineral, forest,
residential, commercial or industrial land

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9
Q

What is meant by ‘”agricultural activity?”

A

CROP
Cultivation of soil
Reaping or harvesting of farm product
Other operations done by farmers
Planting of crops

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10
Q

Is Agricultural land the same as alienable and
disposable land?

A

YES. the term “agricultural
lands” used in the constitution has been
substituted with “alienable or disposable lands

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11
Q

Is it true that only agricultural lands are
alienable or can be transferred to other private
individuals or corporations or juridical entities?

A

YES. “Alienable lands of the
public domain are limited to agricultural lands.”

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12
Q

What are non-agricultural lands?

A

FIRM
Forest or Timber
Industrial and Commercial lands
Residential
Mineral

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13
Q

What are the classification of lands?

A

PRIMARY CLASSIFICATION - TANM
* Timber or Forest
* Agricultural
* National Parks
* Mineral

SECONDARY CLASSIFICATION - RIC
* Residential
* Industrial
* Commercial

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14
Q

What land is subject for reclassification?

A
  • Ceases to be economically feasible and sound
  • Have substantially greater economic value
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15
Q

Who is authorized to classify and reclassify
lands?

A

Only the President of the Philippines

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16
Q

What are the limitations on the authority of
local government units (LGUs) regarding
reclassification?

A
  • 15% for highly-urbanized and independent
    component cities
  • 10% for component cities and first to third
    class municipalities
  • 5% for fourth to sixth class municipalities

In addition, the following types of agricultural
lands shall not be covered under the said reclassification:
* Lands distributed to agrarian reform
beneficiaries;
* Lands already issued a notice of coverage or
voluntary offered for coverage under CARP;
* Lands identified as non-negotiable for
conversion

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17
Q

Can agricultural lands already reclassified by
the LGUs into “forest conservation zones” be
covered by CARP?

A

Yes. The reclassification done by the LGU is not
valid because ‘forest land’ is a primary
classification which only the President has the
right to classify

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18
Q

When can agricultural lands reclassified by the
LGUs into residential, commercial or industrial
be covered by CARP?

A

When reclassification was done by LGU after
June 15, 1988, the land is still covered by CARP. In this case,
the landowner needs to apply for exemption and
land conversion

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19
Q

What is meant by public lands?

A

UNNO
Unappropriated Lands
Not acquired by private persons
Not held back or reserved for any special governmental or public purpose; and
Open to entry and settlement.

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20
Q

Are private corporations or associations
allowed to own public domain lands?

A

No. Private corporations or associations may not
hold such alienable lands of the public domain
except:
* By lease for a period not exceeding 25 years,
renewable for not more than 25 years, and not
to exceed 1,000 hectares in area;
* Citizens of the Philippines may lease not more
than 500 hectares

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21
Q

When can a Public Domain land become a
Private land?

A

When they are acquired by private individuals
either by purchase, homestead or grant

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22
Q

Are foreigners allowed to own lands in the
Philippines?

A

NO.

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23
Q

Are lands foreclosed/owned by Government
Financial Institutions (GFI) and other
instrumentalities covered by CARP?

A

Yes. If these lands are suitable for agriculture

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24
Q

What public lands are exempted/excluded from
CARP coverage?

A
  • Parks
  • Wildlife
  • Forest reserves
  • Reforestation
  • National defense
  • Fish sanctuaries and
    breeding grounds
  • Watersheds and
    mangroves
  • School sites and campuses including experimental farm stations operated for educational
    purposes
    Seeds and seedling research and pilot production centers
  • Communal burial ground and cemeteries
  • Penal colonies and penal farms
  • Government research and quarantine centers
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25
Implies a keeping out or prohibiting of that which is not yet in the law
Exclusion
26
implies release from some obligation or legal requirement, where others are not
Exemption
27
What are the statutory/legal bases that support the coverage of public lands?
- The CARL of 1998 shall cover, regardless of tenurial arrangement and commodity produced, all public and private agricultural lands - Resettle landless farmers and farm workers in its own agricultural estate - Surrender to the Department all landholdings suitable for agriculture
28
What are Private Lands?
AGOS Acquired through various mode of land acquisition; Granted by the state Owned by natural or juridical persons or corporation; and Segregated from the lands of the public domain
29
Who are qualified to own private lands in the Philippines?
Filipino Citizens Natural-born Filipino Citizens but lost their Citizenship Filipino Corporations
30
Are all private lands covered by CARP?
No. Only agricultural lands devoted to or suitable for agriculture
31
What is Expropriation?
the right of the government to take the land, mineral rights or other property out of the owner’s possession, especially for public use with just compensation.
32
The full and fair equivalent of the property taken from its owner by the expropriator
Just Compensation
33
What type of Expropriation is practiced by DAR?
Expropriation is identical to compulsory acquisition of lands exercised by the government to be redistributed to landless farmers
34
What type of lands are priorities for immediate expropriation under CARP?
Idle or abandoned lands
35
What are the statutory/legal bases for expropriation under CARP?
Section 22, Article XVIII of Philippine Constitution Section 18 (h) of EO 229
36
Agricultural lands, not cultivated, tilled or developed to produce any crop nor devoted to any specific economic purpose continuously for a period of 3 years immediately prior to the receipt of notice of acquisition by the government as provided in RA 6657,
Idle or abandoned lands
37
Refers to lands which are not included or have been removed in the coverage of CARP
Exempted and Excluded
38
an immunity or privilege. While CARP covers all agricultural lands some agricultural lands are not covered by CARP under certain conditions.
Exempted
39
The type of lands shall not be placed under CARP coverage.
Excluded
40
What lands are exempted from the coverage of CARP?
PALL 1. Private lands actually, directly, and exclusively used for prawn farms and fishponds 2. All homesteads 3. Lands devoted to raising of livestock 4. Lands retained by landowners that are covered under leasehold
41
What lands are excluded from the coverage of CARL?
LAP 1. Lands for national defense, school sites and campuses, including experimental farm stations etc. 2. All lands with 18% slope and over, except those already developed 3. Protected areas for ecological purpose
42
Identified portion of land and water set aside by reason of their unique physical and biological significance, managed to enhanced biological diversity and protected against destructive human exploitation
Protected area
43
Why are protected areas excluded from CARP
* Not classified as agricultural lands and are not arable * Part of our cultural heritage, like national parks and national monuments, that must be taken cared of for future generation * Habitat of all life forms and primary source of “food web” to ensure biodiversity * Needed to maintain ecological balance
44
Are there instances when protected areas can be covered by CARP?
LAD Land or a portion thereof, are no longer actually, directly or exclusively used as designated; Are suitable for agriculture; and Declared/reclassified as alienable and disposable
45
What are the ways by which the government can acquire landholdings for distribution under CARP?
COVER Compulsory acquisition (CA) Offer to sell Voluntary Land Transfer/Direct Payment Scheme Executive Order 407 (1990) as amended by EO 448 and 506 - to immediately transfer to DAR all their landholdings suitable for agriculture Rice and Corn lands (Operation Land Transfer) under PD 27 and EO 228).
46
What is the retention limit of the landowner?
maximum of 5 hectares
47
Who has the primary responsibility to determine the value and compensation for all lands covered?
Land Bank of the Philippines (LBP)
48
What factors are considered in the determination of just compensation?
CCONNSIDER Cost of acquisition of the land Current value of like properties Official assessment by government assessors Nature of land Non-payment of taxes and/or loans secured from government financing institutions Sworn valuation by the landowner Income Declaration of taxes Economic and social benefits contributed by the farmers/farmworkers and the government Real/actual use of land
49
How does LBP determine the value of the land?
Land Value is equal to the sum of the Capitalized Net Income, Comparable Sales, and Market Value weighted at 60%, 30%, and 10% respectively. LV = (CNI x 0.6) + (CS x 0.3) + (MV x 0.10)
50
What are the forms of payment to landowner?
Cash Landowners may be paid in kind through: * Shares of stocks in government owned and controlled corporations, LBP preferred shares, assets or qualified investment * Tax credits * Land Bank bonds
51
Do landowners pay taxes for transactions involving transfer of ownership?
No. Transfer of ownership transactions under RA 6657 are exempted from taxes arising from capital gains and from payment of registration fees and all other taxes and fees for the transfer.
52
Who are CARP beneficiaries?
* Agricultural lessees or share tenants; * Regular farmworkers; * Seasonal farmworkers; * Other farmworkers; * Actual tillers or occupants of Public lands; * Collectives or cooperatives of the above beneficiaries; * Others directly working on the land.
53
Are there qualifications required to become CARP beneficiary?
LAW Landless Filipino citizen At least 15 years old or head of family at the time the property was transferred in the name of the Republic of the Philippines Willingness, ability, and aptitude to cultivate the land and make it as productive as possible.
54
One who owns less than 3 hectares of agricultural land
Landless
55
What is the basis of DAR in awarding land?
Beneficiary landholding does not exceed three hectares
56
Why is the award ceiling set at a minimum of 3 hectares?
Because this is considered to be the economic family farm size characterized by the following: Permits efficient use of labor and capital resources of the farm family; * Will produce an income sufficient to provide a modest standard of living to meet farm family’s need for food, clothing, shelter, and education; * Provides possible allowance for payment of yearly installments on the land, and reasonable reserves to absorb yearly fluctuations in income.
57
Does the landowner have the right to assign beneficiaries for his/her landholding?
NO
58
What is the proof of ownership given to the Agrarian Reform Beneficiary (ARB)?
Emancipation Patent (EP) under PD 27 or Certificate of Landownership Award (CLOA) under CARP.
59
Is an ARB allowed to transfer his/her land ownership to another beneficiary?
Yes. Under the following conditions: * After full payment of amortizations (Section 6 of EO 228). * After the period of ten (10) years (Section 27, RA 6657) * Through hereditary succession by an heir—not subject to ten year period prohibition (DAR AO 8, 1995)
60
Does an awardee still qualify to become a beneficiary after disposing his/her landholding?
No. Awardee who dispose his/her landholdings shall no longer be qualified to become beneficiary under CARP. However, the children or spouse of the beneficiary has the right to repurchase the acquired land which was transferred to the DAR within a period of two (2) years
61
To whom should a land be transferred in the event of death of the ARB?
transferred to his/her heirs
62
What if the surviving heirs are minors?
Shall be represented by the guardian
63
Once the CLOA is awarded, what is the obligation of the ARB?
The agrarian reform beneficiary should: * Exercise the diligence of a good father/ mother/heir of a family in the use, cultivation, and preservation of the land and the improvement thereon. * Keep the land awarded to him/her intact, and must not subdivide the land in favor of his/her children/heirs. * Pay the required amount of amortization for the land * Not neglect, abandon, misuse, or sell the land.
64
How will ARBs pay for the land?
30 equal annual payments at six percent (6%) interest per year. A two percent (2%) interest deduction shall be given for payments made on time
65
What are the support services does a beneficiary is entitled to?
Land surveys and titling; * Liberalized terms on credit facilities and production loans; * Extension services by way of planting, * Infrastructure services * Research, production, and use of organic fertilizers
66
Are landowners affected by CARP provided also with support services?
YES. * Investment information, financial counseling and assistance; * Facilities, programs and schemes for conversion or exchange of bonds; * Marketing of LBP Bonds; and * Other services for utilization of proceeds of sale
67
Can an awarded CLOA to ARB be cancelled?
YES. * Material misrepresentation of the beneficiary’s basic qualifications * Sale, transfer, lease, or other forms of conveyance; * Misuse of the land, causing substantial and unreasonable damage; * Continuous neglect or abandonment Failure to pay an aggregate of three consecutive amortizations to the LBP or to the landowner * Conversion of the awarded land to non-agricultural use; * Waiver of rights to awarded lands; * Surrender of awarded land to landowner or other non-beneficiary; or * Misuse or diversion of financial

Corre Midterms (7 decks)

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