Part 2

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Sec. 3(a) of RA 6657 – Definition of Agrarian Reform Posted on June 22, 2014 by albinoski2005 (a) Agrarian Reform means redistribution of lands, regardless of crops or fruits produced, to farmers and regular farmworkers who are landless, irrespective of tenurial arrangement, to include the totality of factors and support services designed to lift the economic status of the beneficiaries and all other arrangements alternative to the physical redistribution of lands, such as production or profit-sharing, labor administration, and the distribution of shares of stocks, which will allow beneficiaries to receive a just share of the fruits of the lands they work. Sec. 4 of RA 6657 – Scope of the Comprehensive Agrarian Reform Program (CARP) Posted on June 22, 2014 by albinoski2005 SECTION 4. Scope. — The Comprehensive Agrarian Reform Law of 1989 shall cover, regardless of tenurial arrangement and commodity produced, all public and private agricultural lands, as provided in Proclamation No. 131 and Executive Order No. 229, including other lands of the public domain suitable for agriculture.

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Agrarian Part 2

Transcript of Part 2

Sec. 3(a) of RA 6657 Definition of AgrarianReformPosted onJune 22, 2014byalbinoski2005(a) Agrarian Reform means redistribution of lands, regardless of crops orfruits produced, to farmers and regular farmworkers who are landless,irrespective of tenurial arrangement, to include the totality of factors andsupport services designed to lift the economic status of the beneficiaries and allother arrangements alternative to the physical redistribution of lands, such asproduction or profit-sharing, labor administration, and the distribution of sharesof stocks, which will allow beneficiaries to receive a just share of the fruits ofthe lands they work.Sec. 4 of RA 6657 Scope of the Comprehensive Agrarian Reform Program(CARP)Posted onJune 22, 2014byalbinoski2005SECTION 4. Scope. The Comprehensive Agrarian Reform Law of1989 shall cover, regardless of tenurial arrangement and commodity produced, allpublic and private agricultural lands, as provided in Proclamation No. 131 andExecutive Order No. 229, including other lands of the public domain suitable foragriculture.More specifically the following lands are covered by the ComprehensiveAgrarian Reform Program:(a) All alienable and disposable lands of the public domain devoted to orsuitable for agriculture. No reclassification of forest or mineral lands toagricultural lands shall be undertaken after the approval of this Act untilCongress, taking into account ecological, developmental and equityconsiderations, shall have determined by law, the specific limits of the publicdomain.(b) All lands of the public domain in excess of the specific limits asdetermined by Congress in the preceding paragraph;(c) All other lands owned by the Government devoted to or suitable foragriculture; and(d) All private lands devoted to or suitable for agriculture regardless of theagricultural products raised or that can be raised thereon.Sec. 7 of RA 6657 Priorities of CARPCoveragePosted onJune 22, 2014byalbinoski2005SECTION 7. Priorities. The Department of Agrarian Reform (DAR)in coordination with the Presidential Agrarian Reform Council (PARC) shall plan andprogram the acquisition and distribution of all agricultural lands through a period often (10) years from the effectivity of this Act. Lands shall be acquired and distributedas follows:Phase One: Rice and corn lands under Presidential Decree No. 27; all idle orabandoned lands; all private lands voluntarily offered by theowners for agrarian reform; all lands foreclosed by the governmentfinancial institutions; all lands acquired by the PresidentialCommission on Good Government (PCGG); and all other landsowned by the government devoted to or suitable for agriculture,which shall be acquired and distributed immediately upon theeffectivity of this Act, with the implementation to be completedwithin a period of not more than four (4) years;Phase Two: All alienable and disposable public agricultural lands; all arablepublic agricultural lands under agro-forest, pasture and agriculturalleases already cultivated and planted to crops in accordance withSection 6, Article XIII of the Constitution; all public agriculturallands which are to be opened for new development andresettlement; and all private agricultural lands in excess of fifty(50) hectares, insofar as the excess hectarage is concerned, toimplement principally the rights of farmers and regularfarmworkers, who are the landless, to own directly or collectivelythe lands they till, which shall be distributed immediately upon theeffectivity of this Act, with the implementation to be completedwithin a period of not more than four (4) years.Phase Three: All other private agricultural lands commencing with largelandholdings and proceeding to medium and small landholdingsunder the following schedule:(a) Landholdings above twenty-four (24) hectares up to fifty(50) hectares, to begin on the fourth (4th) year from the effectivityof this Act and to be completed within three (3) years; and(b) Landholdings from the retention limit up to twenty-four(24) hectares, to begin on the sixth (6th) year from the effectivityof this Act and to be completed within four (4) years; to implementprincipally the right of farmers and regular farmworkers who arelandless, to own directly or collectively the lands they till.The schedule of acquisition and redistribution of all agricultural lands coveredby this program shall be made in accordance with the above order of priority, whichshall be provided in the implementing rules to be prepared by the PresidentialAgrarian Reform Council (PARC), taking into consideration the following; the needto distribute land to the tillers at the earliest practicable time; the need to enhanceagricultural productivity; and the availability of funds and resources to implement andsupport the program.In any case, the PARC, upon recommendation by the Provincial AgrarianReform Coordinating Committee (PARCCOM), may declare certain provinces orregion as priority land reform areas, in which the acquisition and distribution ofprivate agricultural lands therein may be implemented ahead of the above schedules.In effecting the transfer within these guidelines, priority must be given to landsthat are tenanted.The PARC shall establish guidelines to implement the above priorities anddistribution scheme, including the determination of who are qualified beneficiaries:Provided, That an owner-tiller may be a beneficiary of the land he does not own but isactually cultivating to the extent of the difference between the area of the land heowns and the award ceiling of three (3) hectares.Sec. 16 of RA 6657 Land Acquisition (CompulsoryAcquisition)Posted onJune 22, 2014byalbinoski2005Rate This

SECTION 16. Procedure for Acquisition of Private Lands. Forpurposes of acquisition of private lands, the following procedures shall be followed:(a) After having identified the land, the landowners and the beneficiaries, theDAR shall send its notice to acquire the land to the owners thereof, by personaldelivery or registered mail, and post the same in a conspicuous place in themunicipal building and barangay hall of the place where the property is located.Said notice shall contain the offer of the DAR to pay a corresponding value inaccordance with the valuation set forth in Sections 17, 18, and other pertinentprovisions hereof.(b) Within thirty (30) days from the date of receipt of written notice bypersonal delivery or registered mail, the landowner, his administrator orrepresentative shall inform the DAR of his acceptance or rejection of the offer.(c) If the landowner accepts the offer of the DAR, the Land Bank of thePhilippines (LBP) shall pay the landowner the purchase price of the land withinthirty (30) days after he executes and delivers a deed of transfer in favor of thegovernment and surrenders the Certificate of Title and other muniments of title.(d) In case of rejection or failure to reply, the DAR shall conduct summaryadministrative proceedings to determine the compensation for the land requiringthe landowner, the LBP and other interested parties to submit evidence as to thejust compensation for the land, within fifteen (15) days from the receipt of thenotice. After the expiration of the above period, the matter is deemed submittedfor decision. The DAR shall decide the case within thirty (30) days after it issubmitted for decision.(e) Upon receipt by the landowner of the corresponding payment or, in caseof rejection or no response from the landowner, upon the deposit with anaccessible bank designated by the DAR of the compensation in cash or in LBPbonds in accordance with this Act, the DAR shall take immediate possession ofthe land and shall request the proper Register of Deeds to issue a TransferCertificate of Title (TCT) in the name of the Republic of the Philippines. TheDAR shall thereafter proceed with the redistribution of the land to the qualifiedbeneficiaries.(f) Any party who disagrees with the decision may bring the matter to thecourt of proper jurisdiction for final determination of just compensation.Sec. 19 of RA 6657 Land Acquisition (Voluntary Offer toSell)Posted onJune 22, 2014byalbinoski2005SECTION 19. Incentives for Voluntary Offers for Sales. Landowners,other than banks and other financial institutions, who voluntarily offer their lands forsale shall be entitled to an additional five percent (5%) cash payment.