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RA 9700: Comprehensive Agrarian Reform Law/CARPER (Approved August 7, 2009)

The CARPER law: 1. Extended the comprehensive agrarian reform program for another 5 years. 2. Redistributes private and public agricultural lands to landless farmers and farmworkers to help them become independent small farmers. 3. Covers alienable and disposable public lands suitable for agriculture, with beneficiaries receiving a maximum of 3 hectares paid over 30 years at 6% interest.

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Marcial Militante
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145 views3 pages

RA 9700: Comprehensive Agrarian Reform Law/CARPER (Approved August 7, 2009)

The CARPER law: 1. Extended the comprehensive agrarian reform program for another 5 years. 2. Redistributes private and public agricultural lands to landless farmers and farmworkers to help them become independent small farmers. 3. Covers alienable and disposable public lands suitable for agriculture, with beneficiaries receiving a maximum of 3 hectares paid over 30 years at 6% interest.

Uploaded by

Marcial Militante
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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RA 9700: Comprehensive Agrarian Reform Law/CARPER (approved August 7, 2009)

1. It extended the program for another 5 years


2. It is the redistribution of private and public agricultural lands to help the beneficiaries survive
as small independent farmers, regardless of the tenurial arrangement
3. It covers: alienable and disposable lands of public domain suitable for agriculture
4. It awards ceiling of 3 hectares for beneficiaries and payment of beneficiaries must be 30
years at 6% interest per annum to Land Bank. Awarded lands shall not be sold to non-
beneficiary of the program
5. The lands covered may be disposed before 10-year period only to the government, Land
Bank or program beneficiaries and may be disposed or encumbered after 10yrs from date of
registration
6. Conversion is allowed after 5 years if applicable and no conversion on irrigated lands
7. The law has laid down penalties of either3 years imprisonment or 15k fine or both

Following the acquisition of lands under Section 11 of RA 9700(Section 26 of RA 6657 as


amended) the DAR distributes these to the qualified beneficiaries, who then pay for the land
through the Land Bank of the Philippines or directly to their former owners.
Beneficiaries of CARPER are landless farmers, including agricultural lessees, tenants, as well as
regular, seasonal and other farmworkers. In a certain landholding the qualified beneficiaries
who are tenants and regular farmworkers will receive 3 hectares each before distributing the
remaining land to the other qualified beneficiaries like seasonal farmworks, and other
farmworkers (Section 22 of CARL). The Department of Agrarian Reform (DAR) identifies and
screens potential beneficiaries and validates their qualifications. Beneficiaries must be least 15
years old, be a resident of the barangay where the land holding is located, and own no more
than 3 hectares of agricultural land.

The CARPER law has bias for organized farmers to be beneficiaries because the Congress
believes that the success rate of organized farmers is high and can make their awarded lands
productive.
Policies in Converting Agricultural Lands – Section 73 of the CARPER law: "Any conversion by
any landowner of his/her agricultural land into any non-agricultural use with intent to avoid the
application of this Act to his/her landholdings and to dispossess his/her bonafide tenant
farmers." Failure to comply will result in an imprisonment of 6 to 12 years and/or a penalty of
200,000 pesos to 1 million pesos. The CARPER law prohibits any conversion of irrigated and
irrigable lands and mandates the National Irrigation Administration to identify these. CARPER
law also states that non-implementation of the conversion plan will result to automatic
coverage of the subject by CARP.

Proof of classification of land as “Alieanble and Disposable Public Land”

- Kung hindi malinaw na ang lupa ay alienable and disposable public land, ang petition sa
korte ay hindi aaprobahan. Ang alinman sa mga sumusunod ay maaaring ikonsiderang
sapat na ebidensya para patunayan na ang lupa ay “alienable at disposable”

 Certification of the Bureau of Forest Development


 Land Classification Map
 Executive proclamation
 Legislative act or executive proclamation
 Report of a land inspector of the Bureau of Lands
 Certification by the CENRO of the DENR
 Certification by DENR Regional Technical Director

May presumption ang batas na kung hindi mapatunayan na ang lupa ay pribadong pagmamay-
ari, ang Estado ang may-ari nito at hindi pwedeng patitulohan. Ito ay isa sa mga desisyon ng
Supreme Court sa kasong Valiao et.al vs. Republic et.al, G.R. 170757, November 28, 2011:
"Under the Regalian Doctrine, all lands not appearing to be clearly within private ownership are
presumed to belong to the State. They are beyond the commerce of man and not susceptible of
private appropriation and acquisitive prescription. Occupation thereof in the concept of owner
no matter how long cannot ripen into ownership and be registered. The burden of overcoming
the presumption is on the person applying for registration who must prove that the land is
alienable and disposable by means of a positive act of the government such as a presidential
proclamation or an executive order; an administrative action; investigation reports of the
Bureau of lands; and a legislative act or statute. The applicant may also secure a government
certification that the land claimed to have been possessed for the required number of years is
alienable and disposable. In this case, no such evidence was offered by Pedro et.al. So land is
still an inalienable public domain."
Tax declarations / Tax receipts
- Tax declarations and payment of taxes are not conclusive proof of ownership but have strong
probative value when accompanied by proof of actual possession or supported by other
effective proof. (Malabanan vs. Republic, GR No. 158449, Oct. 22, 2004)
Ang application for judicial registration of untitled land and issuance of title ay pwedeng isampa
sa Municipal Trial Court o Regional Trial Court kung saan makikita ang lupa depende sa kanyang
value. Kailangan patunayan ng petitioner na siya ay nagbigay ng notice sa adjoining owner at sa
Office of Solicitor General upang makumpleto ang pag-acquire ng jurisdiction ng korte.

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