A 6657)
The following are the probable MIDTERM questions for Agrarian. I got these
questions from our Prof.s discussions on CARP. I have already provided the answers
but you might double check as well Hope this would help! GOD BLESS and GOOD
LUCK to us
4.) What are the rules with regard to the retention limits under CARP?
The retention by the landowner shall in no case exceed five (5)
hectares; and
Three (3) hectares may be awarded to each child of the landowner,
subject to the following qualifications:
(a.)
That he is at least 15 years of age;
(b.)
That he is actually tilling the land or directly managing the farm.
5.) Who can choose the area to be retained?
The landowner can choose the area to be retained except that, in case
the area selected for retention by the landowner is tenanted, the
tenant shall have the option to choose whether to remain therein or be
a beneficiary in the same or another agricultural land with similar or
comparable features.
(a.)
In case the tenant chooses to remain in the retained area, he
shall be considered a leaseholder and shall lose his right to be a
beneficiary under the Act.
(b.)
In case the tenant chooses to be beneficiary in another
agricultural land, he loses his right as a leaseholder to the land
retained by the landowner.
Note: The tenant must exercise his option within a period of one year from the time
the landowner manifests his choice of the area for retention.
6.) What are the exceptions to the retention limits provided above?
(a.)
Landowners whose lands have been covered by P.D. 27 shall be
allowed to keep the area originally retained by them;
(b.)
Original homesteads grantees or their direct compulsory heirs who still
own the original homestead at the time of the approval of the law shall
retain the same areas as long as they continue to cultivate said
homestead.
(c.)
Provincial city and municipal government units acquiring private
agricultural lands by expropriation or other modes of acquisition to be
used for actual , direct and exclusive public purposes.
7.) What are those exemptions and exclusions from the coverage of CARP?
Under Sec. 10 of the Act, the following are exempt from the coverage
of the Act:
(a.)
Lands actually, directly, and exclusively used and found to be
necessary for:
1. Parks, wildlife, forest reserves, and reforestation;
2. Fish sanctuaries and breeding grounds; and
3. Watersheds and mangroves.
(b.)
Private lands actually, directly, and exclusively used for prawn
farms and fishponds;
(c.)
Lands actually, directly, and exclusively used and found to be
necessary for:
1. National defense;
12.)
(c.)
Permanent resident of the barangay and/or municipality where
the landholding is located as provided under section 22 of R.A No.
6657, as amended.
(d.)
At least 15 years of age of time of identification, screening and
selection of farmer- beneficiaries; and
(e.)
Willing, able and equipped with the aptitude to cultivate and
make the land productive.
Note: For farm workers in commercial farms and plantations, in addition to No. 1
requirement above, the applicant must have been employed as of June 15, 1988 in
the landholding covered under CARP.
13.)
What would the DAR issued to the beneficiaries under this Act?
The Certificate of Land Ownership Award (CLOA) if the beneficiaries
have not yet paid the full amount of compensation; or
Emancipation Patent if full compensation had been paid already. In
such case, a title would be issued under beneficiarys name.
Note: Pending full payment, the Certificate of Title is registered in the name of the
Republic of the Philippines.
15.)
16.)
24.)
(5.)
Extending to small landowners, farmers and farmers
organizations the necessary credit, like concessional and collateral-free
loans, agro-industrialization based on social collaterals like the
guarantees of farmers organization;
(6.)
Promoting, developing and extending financial assistance to
small and medium-scale industries in agrarian reform areas;
(7.)
Assigning sufficient numbers of agricultural extension workers to
farmers organization;
(8.)
Undertake research, development and dissemination of
information on agrarian reform plants and crops best suited for
cultivation and marketing, and low-cost and ecologically sound farm
inputs and technologies to minimize reliance on expensive and
imported agricultural inputs;
(9.)
Development of cooperative management skills through
intensive training;
(10.)
Assistance in the identification of ready markets for agricultural
produce and training in other various aspects of marketing; and
(11.)
Administration, operation, management and funding of support
services programs and projects including pilot projects and models
related to agrarian reform as developed by the DAR. (sec 35)
25.)
What are the functions of the Barangay Agrarian Reform Committee
(BARC)?
The functions of BARC are the following:
(a.)
Participate and give support to the implementation of the
programs on agrarian reform;
(b.)
Mediate, conciliate or arbitrate agrarian conflicts and issues that
are brought to it for resolution; and
(c.)
Perform such other functions that the PARC, its Executive
Committee, or the DAR Secretary may delegate to it from time to time
In addition to those provided above, the CARL of 1988 has given the BARC
the following functions:
(a.)
Mediate and conciliate between parties involved in an agrarian
dispute including matters related to tenurial land financial
arrangements;
(b.)
Assist in the identification of qualified beneficiaries and
landowners within the barangay;
(c.)
Attest to the accuracy of the initial parcellary mapping of the
beneficiarys tillage;
(d.)
Assist qualified beneficiaries in obtaining credit from lending
institutions;
(e.)
Assist in the initial determination of the value of lands;
(f.) Assist the DAR representative in the preparation of periodic reports on
the CARP implementation for submission to the DAR;
(g.)
Coordinate the delivery of support services to the beneficiaries;
and
(h.)
Performed such other functions that may be assigned by the
DAR. (sec 47)
Note: The BARC shall endeavor to mediate, conciliate and settle agrarian disputes
lodged before it within 30 days from its taking cognizance thereof. If after the lapse
of 30-day period, it is unable to settle the dispute, it shall issue a certification of its
proceedings and shall furnish a copy thereof upon the parties within seven (7) days
after the expiration of the 30-day period. All decisions of the BARC shall be final and
executor unless appealed to the Provincial Agrarian Reform Officer (PARO), within 10
days from receipt of the decision, by any party aggrieved thereby. The PARO, in
turn, shall render his decision on the appeal within 15 days from receipt of the
records of the case.
26.)
27.)
28.)
29.)
30.)