COMPREHENSIVE AGRARIAN REFORM PROGRAM (CARP): IS IT OVER?

Comprehensive Agrarian Reform Program; CARP; Comprehensive Agrarian Reform Law; RA 6657; RA 9700; Comprehensive Agrarian Reform Program Extension with Reforms; CARPER; LAD or Land Acquisition and Distribution; Notice of Coverage; Department of Agrarian Reform; Rights of Landowner; Land Tenancy; Agrarian Reform Beneficiary; Land Tenants; Agricultural Tenants; Retention Rights; Right of Retention; Compulsroy Acquisition; Agrarian Reform; Agrarian Reform Extension; LAD Free 2022; Reporma sa lupa; Agricultural land; Agricultural Land in Philippines; Agrarian Reform in Philippines

RA 9700

"SEC. 7. Priorities. - The DAR, in coordination with the Presidential Agrarian Reform Council (PARC) shall plan and program the final acquisition and distribution of all remaining unacquired and undistributed agricultural lands from the effectivity of this Act until June 30, 2014.”

“Section 21. Section 63 of Republic Act No. 6657, as amended, is hereby further amended to read as follows:

"SEC. 63. Funding Source. -
Provided, finally, That after the completion of the land acquisition and distribution component of the CARP, the yearly appropriation shall be allocated fully to support services, agrarian justice delivery and operational requirements of the DAR and the other CARP implementing agencies."

Section 30. Resolution of Case. - Any case and/or proceeding involving the implementation of the provisions of Republic Act No. 6657, as amended, which may remain pending on June 30, 2014 shall be allowed to proceed to its finality and be executed even beyond such date.

IRR

“The acquisition and distribution of agricultural lands under CARP shall be completed by June 30, 2014. However, the process of acquisition and distribution for landholdings which were issued with Notices of Coverage (NOCs) on or before June 30, 2014 shall continue even after June 30,2014 until the said lands have been awarded to qualified beneficiaries.”

IRR

1. Within thirty (30) calendar days from receipt of NOC or from its date of publication, the LO has:

1.1 The right to choose a retention area not exceeding five (5) hectares pursuant to Section 6 of R.A. No. 6657, as amended; and

1.2 The privilege to nominate child/ren who may qualify as preferred beneficiary/ies.

The landowner is likewise given the same thirty (30)-day prescribed period from receipt or date of publication of NOC, whichever is applicable, within which to protest coverage. Upon receipt of the protest of coverage by DAR, the LO is given another thirty (30) days to substantiate his/her protest and/or application for exemption or exclusion from CARP coverage. Failure to comply within the aforementioned 30-day reglementary periods shall be construed as a waiver or abandonment of the right to protest and/or to file for an application for exemption or exclusion from CARP coverage.
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6. For landholdings under compulsory acquisition (CA), the landowner shall choose his retained area within thirty (30) days from receipt of Notice of Coverage (NOC) or date of publication of NOC.

Failure to exercise the right to choose within the prescribed period shall constitute a waiver thereof. In which case the DAR, through the MARO, shall automatically choose for the landowner his/her retention area.

For landholdings under voluntary offer to sell (VOS), the landowner shall exercise his right of retention simultaneously at the time of the offer for sale of the subject landholding.

1987 Constitution

AGRARIAN AND NATURAL RESOURCES REFORM

Section 4. The State shall, by law, undertake an agrarian reform program founded on the right of farmers and regular farmworkers who are landless, to own directly or collectively the lands they till or, in the case of other farmworkers, to receive a just share of the fruits thereof. To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to such priorities and reasonable retention limits as the Congress may prescribe, taking into account ecological, developmental, or equity considerations, and subject to the payment of just compensation. In determining retention limits, the State shall respect the right of small landowners. The State shall further provide incentives for voluntary land-sharing.“