Agrarian Law:

Most Important Lessons to Remember about the Philippine Agrarian Law and its
Salient Features

1. What is CARP?
CARP stands for Comprehensive Agrarian Reform Program, a government initiative
that aims to grant landless farmers and farmworkers ownership of agricultural
lands. RA 6657 was signed into law by Pres. Cory Aquino on June 10, 1988, and
effective for completion until 1998. On the year of its deadline, Congress enacted RA
8532 extending the automatic appropriation of ill-gotten wealth recovered by the
PCGG for CARP until 2008. Then, RA 9700 was enacted extending the completion of
the program until 2014.

Evolution of Philippine Agrarian Laws Since 1998

RA 6657 – Comprehensive Agrarian Reform Law of 1998;
- effective for 10 years until 1998;
RA 8532 – enacted in 1998 which extends CARP for 10 years until 2008;
RA 9700 – enacted in 2009 extending CARP for 5 years until 2014.

CARP expired in June 2014 when the Congress did not approve President Aquino’s
proposal to extend it for two more years until June 2016. The Department of
Agrarian Reform (DAR) had processed 494,945 agrarian law implementation cases
since the start of the program, which the KMP claims, by way of criticism, that it
demonstrates the program’s failure and negative impact on the lives of tenants and
farmers.

2. What is CARPER?
CARPER, or the Comprehensive Agrarian Reform Program Extension with Reforms,
is the amendatory law (RA 9700) that extends yet again the deadline of distributing
agricultural lands to farmers for five years. It also amends other provisions stated in
CARP. CARPER was signed into law on August 7, 2009.

3. Who are the beneficiaries of CARP?

Landless farmers, including agricultural lessees, tenants, as well as regular, seasonal
and other farmworkers. The Department of Agrarian Reform (DAR) identifies and
screens potential beneficiaries and validates their qualifications. For example, to
qualify, you must be at least 15 years old, be a resident of the barangay where the
land holding is located, and own less than 3 hectares of agricultural land pursuant to
Section 25 of RA 6657.

4. What is CARPABLE land?

A CARPABLE land is an agricultural land identified and certified by DAR and DENR
to be covered under the Comprehensive Agrarian Reform Program of the
government which is intended for distribution to the beneficiaries.
An estimated 7.8 million hectares of land are identified as CARPABLE and are
covered by the program.

5. How much CARPABLE land has been acquired and distributed so far?
As of December 31, 2013, the government has acquired and distributed 6.9 million
hectares of land, equivalent to 88% of the total land subject to CARP.
A total balance of 906,652 hectares still needs to be acquired by the government for
distribution from 2014 up to 2016.
By June 30, 2014, the government has acquired 99% and only 8% remains to be
distributed.

6. When is the deadline set forth by law for the government to completely
implement CARPER?
The deadline for the government to acquire covered lands under CARPER is June 30,
2014.
The deadline for the government to distribute acquired lands under CARPER is June
30, 2016.

7. How does the government acquire lands to be subjected to CARP?

There are different modes of acquiring and distributing public and private
agricultural lands. For private lands, it can be done through voluntary transfer or
voluntary offer for sale but the most common is by compulsory acquisition, through
which the DAR issues Notices of Coverage to the original owners of the lands.
Notices of Coverage will be issued to most of the landholdings by June 30, 2014.

As long as Notices of Coverage are issued on or before June 30, 2014, land
distribution to beneficiaries shall continue until completion, according to Section 30
of CARPER (RA 9700). Meaning, even after CARPER’s deadline, the law itself
mandates the concerned agencies to finish distributing lands to the beneficiaries up
to the very last hectare. This assures to the farmers that the process for receiving
their land will continue (e.g., beneficiary, identification, survey, generation, and
registration of land titles to beneficiaries).

8. What does it mean by Notice of Coverage?

A Notice of Coverage (NOC) is a letter informing a landowner that his/her land is
covered by CARP, and is subject to acquisition and distribution to beneficiaries. It
likewise informs the landowner of his/her rights under the law, including the right
to retain 5 hectares.

9. What are the key principles and rationale behind the formulation of the
Comprehensive Agrarian Reform Program (CARP) of the Philippines?
1. Welfare of the Landless Farmers
The welfare of the landless farmers and farm workers will receive the highest
consideration to promote social justice, to enhance their dignity and improve
quality of their lives and to move the nation towards sound rural development and
industrialization and the establishment of owner cultivatorship of an economic-size
farms as the basis of Philippine agriculture.
2. Equality and Just Compensation.
The agrarian reform is founded on the right of farmers and regular farm workers,
who are landless, to own the land they till or receive a just share of the fruits
thereof. To this end, the State undertakes the just distribution of all agricultural
lands, subject to priorities and retention limits & payment of just compensation. The
State also respects the rights of small landowners, and provides incentives for
voluntary land-sharing.
3. Equitable distribution and industrialization.
The State recognizes that there is not enough agricultural land to be divided and
distributed to each farmer and regular farm worker so that each one can own an
economic-size family farm. Hence, a meaningful agrarian reform program to uplift
their lives and economic status can only be achieved through simultaneous
industrialization to develop a self-reliant & independent national economy
effectively controlled by the Filipinos.
4. Community-based Implementation.
As much as practicable, the implementation of CARP shall be community-based to
assure, among others, that the farmers shall have greater control f farm gate prices,
and easier access to credit.
5. Social Function and Social Responsibility
The State shall be guided by the principles that land has a social function and land
ownership has a social responsibility. Owners of agricultural land have the
obligation to cultivate directly of through labor administration the lands they own
and thereby make the land productive.

10. Who is a “Farmer” as defined under RA 9700?

“Farmer” refers to a natural person whose primary livelihood is cultivation of land
or the production of agricultural crops and/or fisheries either by himself/herself, or
primarily with the assistance of his/her immediate farm household, whether the
land is owned by him/her, or by another person under a leasehold or share tenancy
agreement or arrangement with the owner thereof.

11. What lands are covered by CARP of our government?

Generally:
(a) All alienable and disposable lands of the public domain devoted to or suitable
for agriculture;
(b) All lands of the public domain in excess of the specific limits as determined
by Congress;
(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.

Specifically:
 (1) All private agricultural lands in excess of retention limit of five (5) hectares;
(2) All rice and corn lands under Presidential Decree No. 27;
Under PD 27, tenant-farmers of rice and corn agricultural lands are “deemed
owners” of the land that they till as of October 21, 1972. Land transfer under PD 27
is effected in two (2) stages: (a) issuance of Certificate of Land Transfer (CLT) & (b)
issuance of emancipation patent.
(3) All idle or abandoned agricultural lands acquired through cadastral by the
government;
(4) All private agricultural lands voluntarily offered and transferred by the owners
for agrarian reform;
(5) All private agricultural lands voluntarily offered for sale to the government for
purposes of CARP;
(6) Those acquired by the government through the ode of compulsory acquisition.
(7) All alienable and disposable public agricultural lands including those under
agro-forest, pasture and agricultural leases, and;
(8) All public agricultural lands which are to be offered for new development and
resettlement.

12. Is there any agricultural land which is exempted or is not covered by CARP?
Yes. Agricultural landholdings of landowners with a total area of five (5) hectares
and below shall not be covered for acquisition and for distribution to qualified
beneficiaries.
So if your agricultural land just measures 5 hectares or less, then it will not be
covered by CARP.

13. What is the obligation of an intended beneficiary under the CARP Law as a form
of commitment to the land being awarded to him?
The intended beneficiary shall state under oath before the judge of the city or
municipal court that he/she is willing to work on the land to make it productive and
to assume the obligation of paying the amortization for the compensation of the
land and the land taxes thereon.

14. Assuming you are qualified beneficiary of CARP, how much share can you get
from the land that is subject for distribution of the government?
ANSWER: Maximum of 3 hectares.
As a rule, beneficiaries shall be awarded an area not exceeding the award ciling of
three (3) hectares which may cover a contiguous tract of land or several parcels of
land cumulated up to prescribed award limit.
Distribution limit – No qualified beneficiary may own more than three (3) hectares
of agricultural land. (Sec. 23, RA 6657).

Case Scenario 1:
In the Year 2000, spouses Adela and Macario Ignacio have in their name a 50,000
square meter corn farm in Nueva Ecija where at least 20 farmers work and reside as
tenants together with their families. In compliance with its mandate to implement
CARP, DAR issued a notice of coverage subjecting said corn farm to CARP for
acquisition and distribution to beneficiaries. Question: Did DAR err in its action to
subject SPS. Ignacio’s land under CARP?
ANSWER:
Yes. It is wrong for DAR to subject the said land under CARP because it is exempted
from its coverage.
Although the corn farm of Sps. Ignacio is an agricultural land but its area or
measurement does not exceed 50,000 square meters or five (5) hectares, such that
it is exempted from the coverage of CARP.

CASE SCENARIO 2:
In the year 1999, spouses Rose and Andres Delarama applied in advance for the
exemption of their 5-hectare banana plantation in Batangas from the mandatory
coverage of CARP. DAR-Batangas noted the application and certified it as exempted
from CARP. Question: Can the government still acquire the said banana plantation
for other lawful purposes despite the certification of exemption by DAR?
ANSWER:
Yes. Local government units may still acquire private agricultural lands by
expropriation or other modes of acquisition to be used for actual, direct and
exclusive public purposes, such as roads, bridges, public markets, school sites,
resettlement sites, local government facilities, public parks etc. without being
restricted by the 5-hectare retention limit of RA 6657, as amended.
Provided, That if the land is subject to CARP, it shall undergo the land acquisition
and distribution process of the program before it can be expropriated for some
other public purposes: Provided, further, that after these lands have been
expropriated, the agrarian reform beneficiaries therein shall be paid just
compensation.

CASE SCENARIO 3:
In the year 1997, the sole heir of late Miguel Hipolito have registered in his name a
23-hectare lansones farm in Occidental Mindoro. However, BIR certified that 50% of
the said farm’s net annual income are always reserved for donation to government
charities for the last 10 years. Question: Can the government still acquire said farm
of Miguel for distribution under CARP?
ANSWER:
Yes. Regardless of the purpose for which the income of a farmland is devoted, the
same remains to be covered by CARP if more than 5 hectares & may be acquired by
government for distribution under such program.
However, the acquisition is always subject to 5-hectare retention limit, which means
that out of 23 hectares, only 18-hectares can be covered by CARP after paying
Miguel a just compensation therefore, while the remaining five (5) hectares shall be
retained by him.

CASE SCENARIO 4:
In 2002, Jake, John and Joseph inherited from their mother a sugarcane plantation in
Negros Oriental with a total area of 150,000 square meters. Upon settlement of their
mother’s estate, a new title for the land was issued naming Jake, John & Joseph
therein as registered Co-owners. Question: Is the said land covered by CARP?
Answer:
No. Because the landholdings of each individual registered owner as stated in the
title did not exceed the retention limit of 50,000 square meters or five (5) hectares.
It appears that as co-owners, each of the three heirs owns an equal portion of the
land which is 5 hectares. Unless the title clearly states otherwise, the presumption is
that the interest of all co-owners to the land is equal.

CASE SCENARIO 5:
For the past 16 years since 1995, Alfredo serves as a caretaker of the rest house of
Julio Mendez situated in the middle of his 85-hectare mango farm in Zambales. In
2011, DAR issued a Notice of Coverage to CARP over the said farm and began
identifying its qualified beneficiaries among its 150 workers. Question: Can Alfredo
qualify as a beneficiary of CARP over the said mango farm?
ANSWER:
No. Because Alfredo is not a farmer within the meaning of RA 9700 and does not
actually till the subject land.
As a policy, only farmers (tenants or lessees) and regular farmworkers actually
tilling the lands, as certified under oath by the Barangay Agrarian Reform Council
(BARC) and attested under oath by landowners, are qualified beneficiaries.

CASE SCENARIO 6:
For the past 20 years since 1994, Rosa has been working as farmer in the 30-hectare
vegetable farm of Doña Cecilia in Benguet. In 1999, it was through her hardwork
that Rosa was able to have a land of her own measuring 4 hectares in the adjacent
town of Bugasong, where her family plants banana, palay & root crops. When Doña
Cecilia’s farm was declared for CARP in 2000, Rosa is one of its applicants as
beneficiary. Question: Is Rosa qualified as beneficiary of CARP?
ANSWER:
No. Because Rosa already has an agricultural land of her own with area that exceeds
the maximum ownership limit of lass than three (3) hectares, hence she is alrady
disqualified to benefit from CARP.
As a rule, to qualify as beneficiary of CARP, the farmer must be “landless” but a
landless farmer is defined as one hwo owns less than three (3) hectares of
agricultural land. (Sec. 25, RA 6657).

CASE SCENARIO 7:
Spouses Andres & Rowena Castillo are the registered conjugal owner of 12-hectare
coconut farm in Iloilo with at least 15 regular workers. They have 3 elementary
grader children. When DAR subjected their farm to CARP in 1999, spouses Castillo
argued that they are entitled to retention right of 5-hectares each over the farm or a
total of 10 hectares. DAR disagreed and argued that spouses Castillo should be
treated as one. Question: Whose contention is correct?