Comprehensive Agrarian Reform Law of 1988
Comprehensive Agrarian Reform Law of 1988
Comprehensive Agrarian Reform Law of 1988
SECTION 1. TITLE. The Act shall be known as the In determining retention limits,
COMPREHENSIVE AGRARIAN REFORM LAW OF 1988. the State shall respect the
rights of small landowners.
Approved on June 10, 1988. The State shall provide
Effectivity: June 15, 1988. incentives for voluntary land-
Its operation covers all public and private sharing.
agricultural lands, regardless of tenurial o SEC5, ARTXII
arrangement and commodity produced, The State shall recognize the
including other lands of the public domain right of farmers, farmworkers,
suitable for agriculture. and landowners, as well as
SECTION 2. DECLARATION OF PRINCIPLES AND cooperatives, and other
POLICIES. independent farmers’
organizations to participate in
PURPOSES: the planning, organization, and
o Promote social justice and management of the program
industrialization The State shall support
o Provide the mechanism for its agriculture through appropriate
implementation technology and research, and
o Other purposes adequate financial, production,
PRINCIPLES AND POLICIES marketing, and other support
(WEJASRE-ECO-SUB-SO-IEP-CA) services.
o Welfare of landless farmers o SEC6, ARTXII
o Equitable distribution and ownership of The State shall apply the
lands principles of agrarian reform,
o Just distribution of agricultural lands or stewardship, whenever
o Appropriate support in technology and applicable xxx
research The State may resettle landless
o Stewardship whenever applicable farmers and farmworkers in its
o Resettlement of landless farmers own agricultural estates which
o ECOnomic-size family farm shall be distributed to tem in
the manner provided by law.
o SUBsistence fishermen’s rights
o SEC7, ARTXII
o Social responsibility principle
The State shall protect the
o IEP- Industrializatiion, Employment and
rights of subsistence fishermen
Privatization of public sector
xxx
enterprises
o SEC8, ARTXII
o Capital-extensive farms development
The State shall provide
CONSTITUTIONAL BASIS OF CARL (1987 CONST)
incentives to landowners to
o SEC4, ART.XII
invest the proceeds of the
State shall undertake agrarian
agrarian reform program to
reform program founded on
promote industrialization,
the rights of the farmers and
employment and privatization
regular farmworkers, who are
of public sector enterprises. xxx
landless, to own directly or
collectively the lands they till SECTION 3. DEFINITIONS.
or, in case of other
farmworkers, to receive a just AGRARIAN REFORM – redistribution of lands,
share of the fruits thereof. regardless of crops or fruits produced , to
State shall encourage and farmers and regular farmworkers, who are
undertake the just distribution landless, irrespective of tenurial arrangement,
of all agricultural lands, subject to include the totality of factors and support
to such priorities and services designed to lift the economic status of
reasonable retention limits as the beneficiaries and all other arrangements
the Congress may prescribe xxx alternative to the physical redistribution of
FARMWORKERS* – a natural person who Jesus vs. IAC, GR No 72282, July 24,
tenders service for value as an employee or 1989)
laborer in an agrivultural enterprise of farm o LEASEHOLD TENANCY vs CIVIL LAW
regardless of whether his compensation is paid TENANCY
on daily, weekly, monthly or “pakyaw” basis.
The term includes individual whose work has LEASEHOLD TENANCY CIVIL LAW TENANCY
Agrarian Land Rural or urban
ceased as a consequence of, or in connection
Personal Cultivation of
No need to personally
with, a pending agrarian dispute, and who has
Land cultivate the land
not obtained a substantially equivalent and Devoted to agriculture
Any other lawful
regular farm employment. pursuit
REGULAR FARMWORKER* - a natural persono Governed by special Governed by the civil
who is employed on a permanent basis by an laws code
agricultural enterprise or farm.
SEASONAL FARMWORKER* - a natural person
o IMMEDIATE FARM HOUSEHOLD –
who is employed on a recurrent, periodic or
membership of the family of the lessee or
intermittent basis by an agricultural enterprise
lessor and other persons who are
or farm, whether as a permanent or non-
dependent upon him for support and who
permanent laborer, such as “dumaan,”
usually help him in his activities. (De Jesus
“sacada”, and the like.
vs. IAC, GR No 72282, July 24, 1989)
OTHER FARMWORKER – a farmworker who
does not fall under paragraphs g,h,i SECTION 4. SCOPE.
(farmworker, regular farmworker, or seasonal
farmworker). LANDS COVERED BY CARL OF 1988
COOPERATIVES – organizations composed o All public and private agricultural lands
primarily of small agricultural producers, o Other lands of public domain suitable
farmers, farmworkers, or other agrarian reform for agriculture
beneficiaries who voluntarily organize SPECIFIC LANDS COVERED BY CARP
themselves for the purpose of pooling land, o Alienable and disposable lands of public
human, technological, financial, or other domain suitable for agriculture
economic resources, and operated on the o All lands of public domain in excess of
principle of one member of a cooperative, with the specific limits as determined by
the same rights and duties as a natural person. Congress
OTHER DEFINITIONS AS ENUNCIATED IN SC’s o All lands owned by the Government
DECISIONS devoted to or suitable for agriculture
o AGRICULTURAL LESSEE – The mere fact o All private lands devoted to or suitable
that the land is agricultural does not for agriculture regardless of the
ipso facto make one an agricultural agricultural products raised or that can
lessee. The law provides conditions or be raised thereof
requisites before one can qualify as
SECTION 5. SCHEDULE OF IMPLEMENTATION.
such and the land being agricultural is
only one of them. Among others, the Distribution of all lands covered by this Act
law requires the tenant and his shall be implemented immediately and
immediate family to work the land. (De completed within 10 years from effectivity
Jesus vs. IAC, GR No 72282, July 24, thereof (or from June 15, 1988).
1989)
o AGRICULTURAL LESSEE vs CIVIL LAW SECTION 6. RETENTION LIMITS.
LESSEE - An AGRICULTURAL LESSEE
WHAT IS THE RETENTION LIMIT?
whose security of tenure is guaranteed
o Shall not exceed 5 hectares but 3
by the tenancy law should be
hectares may be awarded to each child
distinguished from a CIVIL LAW LESSEE
of land owner subject to the following
whose right to work on the land expires
qualifications:
in accordance with the terms and
He is at least 15 years old
conditions of the lease agreements. (De
The potential beneficiaries, with the assistance NOTICES REQUIRED IN IMPLEMENTING CARP
of the BARC and the DAR shall provide the o Notice of coverage and letter of
following data: invitation to a preliminary conference
o Names and members of the immediate sent to the landowner, the
farm household representative of the BARC, LBP, farmer
o Owners or administrators pf the lands beneficiaries and other interested
they work on and the length of tenurial parties
relationship o NOTICE OF ACQUISITION sent to the
o Location and area of the land they work landowner
o Crops planted
SECTION 17. DETERMINATION OF JUST
o Their share in the harvest or amount of
COMPENSATION
rental paid or wages received
The registry or list of all potential CARP WHAT IS JUST COMPENSATION?
beneficiaries in the barangay shall be posted in o Just and complete equivalent of the loss
the barangay hall, school or other public which the owner of the thing
buildings in the barangay where it shall be open expropriated has to suffer by reason of
to inspection by the public at all reasonable the expropriation
hours. o The full and fair equivalent of the
property taken from its owner by the
SECTION 16. PROCEDURE AND ACQUISITION OF
expropriator.
PRIVATE LANDS
FACTORS CONSIDERED IN DETERMINING JUST
1. Before proceeding with the procedures COMPENSATION
mentioned in section 16, it is necessary that the o Cost of acquisition of land
lands covered by CARP is already identified o Current value of the like properties
2. After the identification, the DAR shall send its o Nature of the land
notice to acquire the lands to the owners o Actual use and income
thereof o Sworn valuation by the landowner
3. If DAR’s offer is accepted by the landowner, the o Tax declarations
LBP shall pay the landowner the purchase price o Assessments made by the government
of the land within 30days after he executes and assessors
delivers a deed of transfer in favor of the o Social and economic benefits
Government and surrenders the Certificate of contributed by the farmers and
Title and other muniments of title farmworkers and by the government
4. If there is rejection or failure to reply, the DAR o Non payment of taxes or loans secured
shall conduct summary administrative from any government financing
proceeding to determine the compensation for institution on the said land
the land by requiring the landowner, the LBP
WHO MAKES THE PRELIMINARY
and othe interested parties to submit evidence
DETERMINATION OF JUST COMPENSATION
as to the just compensation for the land, within
CASES?
15days from the receipt of the notice.
Thereafter, the matter is deemed submitted for PROVINCIAL REGIONAL DEPARTMENT
decision AGRARIAN AGRARIAN OF AGRARIAN
5. In case of receipt of payment or in the case of REFORM REFORM REFORM
rejection or non-reply from the landowner, the ADJUDICATO ADJUDICATO ADJUDICATIO
R R N BOARD
DAR shall take immediate possession of the
If the If the If the offer is
lands and shall request the proper Registry of compensatio government’s more than
Deeds to issue a Tansfer of Certificate Title in n offered offer is more 5million pesos
the name of the Republic of the Philippines, does not than 2million
upon the deposit of the compensation in cash exceed pesos but
or LBP bonds 2million does not
6. If there is an agreement with a decision, any pesos exceed
5million
issue as to the matter of just compensation will
pesos
be decided by the appropriate court
o Other details of arrangement must be one or several of the items susceptible of cultivation
registered and approved by the DAR. of production, the tenant by a single person
cultivating the land together with members of
SECTION 22. QUALIFIED BENEFICIARIES personally with aid of his immediate farm
labor available from household, belonging to or
BENEFICIARIES: members of his immediate legally possessed by
o Landless residents of the same farm household, and the another in consideration
barangay, or if there is none, to produce thereof to be of a fixed amount in
divided between the money or in produce or in
o Landless residents of the same
landholder and the tenant both.
municipalilty, following the order of
ELEMENTS OF AGRICULTURAL TENANCY
priority:
o Parties
Agricultural lessees and share
o Agricultural land
tenants
o Consent
Regulr farmworkers
o Agricultural production as purpose
Seasonal farmworkers
o Personal cultivation
Other farmworkers
o Compensation
Actual tillers or occupants of
public lands SECTION 23. DISTRIBUTION LIMIT
Collective or cooperatives of
the above beneficiaries No qualified beneficiary may own more than 3
Others directly working on the hectares of land
land
SECTION 24. AWARD TO BENEFICIARIES
o PROVISO: 2 PREFERENCES
Children of landowners who are The rights and responsibilities of the beneficiary
qualified shall be given shall commence from the time the DAR makes
preference in the distribution of an award of the land to him, which award shall
the land of their parents be completed within 180days from the time
Actual tenant-tillers in the DAR takes actual possession of the land.
landholding shall not be Ownership by the beneficiary shall be
objected or removed evidenced by a Certificate of Land Ownership
therefrom. Award (CLOA), which shall contain the
o BASIC QUALIFICATIONS OF restrictions and conditions provided for in the
BENEFICIARIES Act, and shall be recorded in the Register of
Willingness Deeds concerned and annotated on the
Aptitude Certificate of Title.
Ability to cultivate and make
the lands as productive as SECTION 25. AWARD CEILINGS FOR BENEFICIARIES
possible.
Beneficiaries shall not be awarded an
o GROUNDS FOR DISQUALIFICATIONS OF
agricultural land exceeding 3 hectares.
BENEFICIARIES
Landless beneficiary – one who owns less than
Guilty of negligence, misuse of
3 hectares of land
the land
OPTION FOR COLLECTIVE OWNERSHIP –
Beneficiaries under PD27 who
organization into one group through
have culpably sold, disposed of,
o Co-ownership
or abandoned their land
o Farmers’ cooperative
KINDS OF AGRICULTURAL TENANCY*
RESTRICTION: The total area to
SHARE TENANCY LEASEHOLD TENANCY be awarded shall not exceed
Exists when two persons Exists when a person who, the total number of co-owners
agree on a joint either personally or with or members of the cooperative
undertaking for the aid of labor available or collective organization
agricultural production from members of his
multiplied by the award limit
wherein one party immediate farm
furnishes the land and the household undertakes to EXCEPT in meritorious cases as
other his labor, with either cultivate a piece of determined by the PARC.
or both contributing any agricultural land
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