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CHAPTER X Special Areas of

Concern

Section 40. Special Areas of Concern. As an
integral part of the Comprehensive Agrarian
Reform Program, the following principles in
these special areas of concern shall be
observed:
(1) Subsistence Fishing. Small fisherfolk,
including seaweed farmers, shall be assured of
greater access to the utilization of water
resources.
Small fisherfolk
According to Agriculture & Fisheries Modernization
Act broadly defines as natural persons dependent
on small-scale subsistence farming and fisheries
activities as their primary source of income.
According to Bureau of Fisheries & Aquatic
Resources they are those who operates fishing
vessels of 3 gross tons or less. Including fishworkers
or helpers in fishing boats , fishponds, hatchers or
fish processing establishments.
This provision is supported by Center for
Empowerment and Resource Development
(CERD) a NGO that envisions empowered, self-
reliant coastal communities sustainably living
in harmony with abundant and diverse coastal
and marine environment and as such would
like to contribute to saving and restoring
coastal environment through building local
institutions, creating model communities and
learning areas and building partnerships.
(2) Logging and Mining Concessions. Subject to
the requirement of a balanced ecology and
conservation of water resources, suitable areas,
as determined by the Department of
Environment and Natural Resources (DENR), in
logging, mining and pasture areas, shall be
opened up for agrarian settlements whose
beneficiaries shall be required to undertake
reforestation and conservation production
methods. Subject to existing laws, rules and
regulations, settlers and members of tribal
communities shall be allowed to enjoy and
exploit the products of the forest other than
timer within the logging concessions.
Farm settlements may be opened up in
logging and mining concessions provided that
the beneficiaries will undertake reforestation
and conservation production methods.
reforestation and conservation production
methods
The optimal area of forest in the Philippines is
about 12M hectares or 40% of land area
Only 6.7M hectares are currently forested
additional 5.3M hectares of land must be
reforested.
The government implemented MASTER PLAN FOR
FORESTRY DEVELOPMENT
Which aims to reverse deforestation, conserve all
virgin forests and manage residual forests and
plantations efficiently and sustainably.
Today, there is a strong political will to involve
upland dwellers and non-governmental
organization in establishing and managing tree
plantations.
Examples:
Industrial Forest Management Agreements
(IFMA)
Timber License Agreements (TLA) to utilize
private individuals and corporations involved in
forest utilizations.
In situ conservation
Registration passed to prevent logging certain
leguminous timber tree species
They are treated as assets that should be
protected
Conservation of forest genetic resources is
fundamental to the sustainable and productive
management of forest ecosystems.
Ex situ conservation
These involves seed banks, clone banks, plant
museums and in vitro banks but non has been
used for timber species



laws, rules and regulations for tribal
communities
RA 8371 which is an act to recognize, protect and
promote the rights of indigenous cultural
communities or indigenous people, creating a
national commission of indigenous people
establishing implementing mechanisms,
appropriating funds therefore and for other
purposes.
(3) Sparsely Occupied Public Agricultural
Lands. Sparsely occupied agricultural lands
of the public domain shall be surveyed,
proclaimed and developed as farm
settlements for qualified landless people
based on an organized program to ensure
their orderly and early development
Sparsely Occupied Public Agricultural Lands
are the rural residential/ agricultural lands
Used primarily for farmland agricultural uses
and single family homes on large lots.
Farm settlements may be opened up here for
qualified people pursuant to an organized
program to ensure development.
Agricultural land allocations shall be made for ideal
family-size farms as determined by the PARC.
Pioneers and other settlers shall be treated equally in
every respect.
Economic family-size farm means an area of farm
land that permits efficient use of labor and capital
resources of the farm family and will produce an
income sufficient to provide a modest standard of
living to meet a farm familys basic needs with
possible allowance for payment of yearly
installments on the land, and reasonable reserves
to absorb yearly fluctuations in income.
This will be determined by Presidential Agrarian
Reform Council (PARC)

Subject to the prior rights of qualified
beneficiaries, uncultivated lands of the public
domain shall be made available on a lease
basis to interested and qualified parties.
Parties who will engaged in the development
of capital-intensive, traditional or pioneering
crops shall be given priority.
The lease period, which shall not be more
than a total of fifty (50) years, shall be
proportionate to the amount of investment
and production goals of the lessee. A system
of evaluation and audit shall be instituted.

(4) Idle, Abandoned, Foreclosed and
Sequestered Lands. Idle, abandoned,
foreclosed and sequestered lands shall be
planned for distribution as home lots and
family-size farmlots to actual occupants. If
land area permits, other landless families shall
be accommodated in these lands.

(5) Rural Women. All qualified women
members of the agricultural labor force must
be guaranteed and assured equal right to
ownership of the land, equal shares of the
farm's produce, and representation in
advisory or appropriate decision-making
bodies.

Rural women are those engaged directly or
indirectly in farming or fishing as their source
of livelihood, whether paid or unpaid, regular
or seasonal, or in food preparation, managing
the household, caring for the children and
other similar activities.
They are guaranteed and assured of the
following:
Equal right to ownership of the land
Equal shares of the farms produce; and
Representation in advisory or appropriate
decision-making bodies.

(6) Veterans and Retirees. In accordance
with Section 7 of Article XVI of the
Constitution, landless war veterans and
veterans of military campaigns, their surviving
spouse and orphans, retirees of the Armed
Forces of the Philippines (AFP) and the
Integrated National Police (INP), returnees,
surrenderees, and similar beneficiaries shall
be given due consideration in the disposition
of agricultural lands of the public domain.

(7) Agriculture Graduates. Graduates of
agricultural schools who are landless shall be
assisted by the government, through the DAR,
in their desire to own and till agricultural
lands.

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