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Republic of the Philippines “In cases where the fishponds or prawn farms

Congress of the Philippines have been subjected to the Comprehensive


Metro Manila Agrarian Reform Law by voluntary offer to sell,
or commercial farms deferment or notices of
Third Regular Session compulsory acquisition, a simple and absolute
Begun and held in Metro Manila, on Monday, majority of the actual regular workers or
the twenty-fifth day of July, nineteen hundred tenants must consent to the exemption within
and ninety-four. one (1) year from the effectivity of this Act
When the workers or tenants do not agree to
[REPUBLIC ACT NO. 7881] this exemption the fishponds or prawn farms
shall be distributed collectively to the worker-
AN ACT AMENDING CERTAIN PROVISIONS OF
beneficiaries or tenants who shall form a
REPUBLIC ACT NO. 6657, ENTITLED “AN ACT
cooperative or association to manage the same.
INSTITUTING A COMPREHENSIVE AGRARIAN
REFORM PROGRAM TO PROMOTE SOCIAL “In cases where the fishponds or prawn farms
JUSTICE AND INDUSTRIALIZATION, PROVIDING have not been subjected to the Comprehensive
THE MECHANISM FOR ITS IMPLEMETATION, Agrarian Reform Law the consent of the farm
AND FOR OTHER PURPOSES” workers shall no longer be necessary’ however,
the provision of Section 32-A hereof on
Be it enacted by the Senate and House of
incentives shall apply.”
Representatives of the Philippines in Congress
assembled: “c) Lands actually, directly and exclusively used
and found to be necessary for national defense,
SECTION 1. Section 3, Paragraph (b) of Republic
school sites and campuses, including
Act No. 6657 is hereby amended to read as
experimental farm stations operated by public
follows:
or private schools for educational purposes,
“SECTION 3. Definitions. – For the purpose of seeds and seedlings research and pilot
this Act, unless the context indicates otherwise: production center, church sites and convents
appurtenant thereto, mosque sites and Islamic
“(b) Agriculture, Agricultural Enterprise or centers appurtenant thereto, communal burial
Agricultural Activity means the cultivation of grounds and cemeteries, penal colonies and
the soil, planting of crops, (growing of fruit penal farms actually worked by the inmates,
trees, including the harvesting of such farm government and private research and
‘products, and other farm activities and quarantine centers and all lands with eighteen
practices performed by a farmer in conjunction percent (18%) slope and over, except those
with such farming operations done by persons already developed, shall be exempt from the
whether natural or juridical.” coverage of this Act.”

SEC. 2. Section 10 of Republic Act No. 6657 is SEC. 3. Section 11, Paragraph 1 is hereby
hereby amended to read as follows: amended to read as follows:

“SECTION 10. Exemptions and Exclusions. “SECTION 11. Commercial Farming. –


Commercial farms, which are private
“a) Lands actually, directly and exclusively used
agricultural lands devoted to saltbeds, fruit
for parks, wildlife, forest reserves,
farms, orchards, vegetable and cut-flower
reforestation, fish sanctuaries and breeding
farms, and cacao, coffee and rubber
grounds, watersheds and mangroves shall be
plantations, shall be subject to immediate
exempt from the coverage of this Act.
compulsory acquisition and distribution after
“b) Private lands actually, directly and ten (10) years from the effectivity of this Act.In
exclusively used for prawn farms and fishponds the case of new farms, the ten-year period shall
shall be exempt from the coverage of this begin from the first year of commercial
Act: Provided, That said prawn farms and production and operation, as determined by the
fishponds have not been distributed and DAR.During the ten-year period, the
Certificate of Land Ownership Award (CLOA) Government shall initiate steps necessary to
issued to agrarian reform beneficiaries under acquire these lands, upon payment of just
the Comprehensive Agrarian Reform Program. compensation for the land and the
improvements thereon, preferably in favor of
organized cooperatives or associations which of the Environmental Impact Statement (EIS)
shall thereafter manage the said lands for the System established under Presidential Decree
workers-beneficiaries.” No. 1586,'” to ensure the protection of river
systems, aquifers and mangrove vegetations
SEC. 4. There shall be incorporated after Section
from pollution and environmental
32 of Republic Act No. 6657 a new section to degradation: Provided, further. That the
read as follows: approval shall be in accordance with a set of
“SECTION 32-A. Incentives. – Individuals or guidelines to be drawn up and promulgated by
entities owning or operating fishponds and the DAR and the BFAR: Provided, furthermore,
prawn farms are hereby mandated to execute That small-farmer cooperatives and
within six (6) months from the effectivity of this organizations shall be given preference in the
Act an incentive plan with their regular fishpond award of the Fishpond Lease Agreements
or prawn farmworkers or fishpond or prawn (FLAs).
farm workers’ organization, if any, whereby “No conversion of more than five (5) hectares
seven point five percent (7.5%) of their net of private lands to fishponds and prawn farms
profit before tax from the operation of the
shall be allowed after the passage of this Act,
fishpond or prawn farms are distributed within except when the use of the land is more
sixty (60) days at the end of the fiscal year as economically feasible and sound for fishpond
compensation to regular and other pond and/or prawn farm, as certified by the Bureau
workers in such ponds over and above the of Fisheries and Aquatic Resources (BFAR), and
compensation they currently receive. a simple and absolute majority of the regular
“In order to safeguard the right of the regular farm workers or tenants agree to the
fishpond or prawn farm workers under the conversion, the Department of Agrarian
incentive plan, the books of the fishpond or Reform, may approve applications for change in
prawn farm owners shall be subject to periodic the use of the land: Provided, finally, That no
audit or inspection by certified public piecemeal conversion to circumvent the
accountants chosen by the workers. provisions of this Act shall be allowed. In these
cases where the change of use is approved, the
“The foregoing provision shall not apply to provisions of Section 32-A hereof on incentives
agricultural lands subsequently converted to shall apply.”
fishpond or prawn farms provided the size of
the land converted does not exceed the “SECTION 65-B. Inventory. – Within one (1) year
retention limit of the landowner.” from the effectivity of this Act, the BFAR shall
undertake and finish an inventory of all
SEC. 5. There shall be incorporated after Section government and private fishponds and prawn
65 of Republic Act No. 6657 new sections to farms, and undertake a program to promote the
read as follows: sustainable management and utilization of
prawn farms and fishponds. No lease under
“SECTION 65-A. Conversion into Fishpond and
Section 65-A hereof may be granted until after
Prawn Farms. – No conversion of public
the completion of the said inventory.
agricultural lands into fishponds and prawn
farms shall be made except in situations where “The sustainable management and utilization of
the provincial government with the prawn farms and fishponds shall be in
concurrence of the Bureau of Fisheries and accordance with the effluent standards,
Aquatic Resources (BFAR) declares a coastal pollution charges and other pollution control
zone as suitable for fishpond development. In measures such as, but not limited to, the
such case, the Department of Environment and quantity of fertilizers, pesticides and other
Natural Resources (DENR) shall allow the lease chemicals used, that may be established by the
and development of such areas: Provided, That Fertilizer and Pesticide Authority (FPA), the
the declaration shall not apply to Environmental Management Bureau(EMB),and
environmentally critical projects and areas as other appropriate government regulatory
contained in title (A) sub-paragraph two, (B-5) bodies, and existing regulations governing
and (C-1) and title (B), number eleven (11) of water utilization, primarily Presidential Decree
Proclamation No. 21-+6, entitled “Proclaiming No. 1067, entitled “A Decree Instituting A Water
Certain Areas and Types of Projects as Code, Thereby Revising and Consolidating the
Environmentally Critical and Within the Scope Laws Governing the Ownership, Appropriation,
Utilization, Exploitation, Development, passed by the Senate and the House of
Conservation and Protection of Water Representatives on February 7, 1995 and
Resources.” February 8, 1998, respectively.

“SECTION 65-C. Protection of Mangrove Areas. Approved: FEB 20 1995


– In existing Fishpond Lease Agreements (FLAs)
and those that will be issued after the (Sgd.) FIDEL V. RAMOS
effectivity of this Act, a portion of the fishpond President of the Philippines
area fronting the sea, sufficient to protect the Source: Presidential Management Staff
environment, shall be established as a buffer
zone and be planted to specified mangrove REPUBLIC ACT NO. 7905
species to be determined in consultation with
the regional office of the DENR. The Secretary
of Environment and Natural Resources shall
AN ACT TO STRENGTHEN THE
provide the penalties for any violation of this
IMPLEMENTATION OF THE COMPREHENSIVE
undertaking as well as the rules for its
AGRARIAN REFORM PROGRAM, AND FOR
implementation.”
OTHER PURPOSES.
“SECTION 65-D. Change of Crops. – The change
of crops to commercial crops or high value
crops shall not be considered as a conversion in SECTION 1. Section 35 of Republic Act No.
the use or nature of the land. The change in 6657, otherwise known as the "Comprehensive
crop should however, not prejudice the rights of Agrarian Reform Law of 1988", is hereby
tenants or leaseholders should there be any and amended to read as
the consent of a simple and absolute majority follows:chanroblesvirtualawlibrary
of the affected farm workers, if any, shall first
be obtained.”

SEC. 6. There shall be incorporated after Section "Sec. 35. Creation of Support Services Office. —
73 of Republic Act No. 6657 a new section to There is hereby created the Office of Support
read as follows: Services under the DAR to be headed by an
Undersecretary.
“SECTION 73-A. Exception. –The provisions of chan robles virtual law library
Section 73, paragraph (E), to the contrary
notwithstanding, the sale and/or transfer of "The Office shall provide general support and
agricultural land in cases where such sale, coordinative services in the implementation of
transfer or conveyance is made necessary as a the program, particularly in carrying out the
result of a bank’s foreclosure of the mortgaged provisions of the following services to farmer
land is hereby permitted.” beneficiaries and affected
landowners:chanroblesvirtualawlibrary
SEC. 7. Separability Clause. – If, for any reason,
any section or provision of this Act is declared "(1) Irrigation facilities, especially second crop
null and void, no other section, provision or part or dry season irrigation facilities;
thereof shall be affected and the same shall chan robles virtual law library
remain in full force and effect. "(2) Infrastructure development and public
SEC. 8 Effectivity Clause. – This Act shall take works projects in areas and settlements that
effect fifteen (15) days after its publication in at come under agrarian reform, and for this
least two (2) newspapers of general circulation. purpose, the preparation of the physical
development plan of such settlements
Approved, providing suitable barangay sites, potable water
and power resources, irrigation systems, seeds
(Sgd.) JOSE DE VENECIA, JR. and seedling banks, post harvest facilities, and (Sgd.) EDGARDO
Speaker of the House of other facilities for a sound agricultural President of the
Representatives development plan.For the purpose of providing
the aforecited infrastructure and facilities, the
This Act which is a consolidation of Senate Bill DAR is authorized to enter into contracts with
No. 740 and House Bill No. 918, was finally interested private parties on long term basis or
through joint-venture agreements or build-
operate-transfer scheme;
"Sec. 36.Funding for Support Services. — In
"(3) Government subsidies for the use of order to cover the expenses and cost of support
irrigation facilities; services, at least twenty-five percent (25%) of
all appropriations for agrarian reform shall be
"(4) Price support and guarantee for all immediately set aside and made available for
agricultural produce; this purpose: Provided, That for the next five (5)
"(5) Extending to small landowners, farmers and years, a minimum of one (1) Agrarian Reform
farmers' organizations the necessary credit, like Community (ARC) shall be established by the
concessional and collateral-free loans, for agro- DAR, in coordination with the local government
industrialization based on social collaterals like units, non-governmental organizations and
the guarantees of farmers' organizations; people organizations in each legislative district
with a predominant agricultural population:
"(6) Promoting, developing and extending Provided, further, That the areas in which the
financial assistance to small and medium-scale ARCs are to be established shall have been fully
industries in agrarian reform areas; subjected under this law.

"(7) Assigning sufficient numbers of agricultural chan robles virtual law library
extension workers to farmers' organizations;
"For this purpose, an Agrarian Reform
"(8) Undertake research, development and Community shall be defined as a barangay or a
dissemination of information on agrarian cluster of barangays primarily composed and
reform, plants and crops best suited for managed by Agrarian Reform Beneficiaries who
cultivation and marketing, and low-cost and shall be willing to be organized and undertake
ecologically sound farm inputs and technologies the integrated development of an area and/or
to minimize reliance on expensive and imported their organizations/cooperative.In each
agricultural inputs; community, the DAR, together with the
agencies and organizations abovementioned,
"(9) Development of cooperative management
shall identify the farmers association,
skills through intensive training;
cooperative or their respective federation
"(10) Assistance in the identification of ready approved by the farmers-beneficiaries that shall
markets for agricultural produce and training in take the lead in the agricultural development of
the other various aspects of marketing; the area.In addition, the DAR shall be
authorized to package proposals and receive
"(11) Conduct an effective information grants, aid and other forms of financial
dissemination system through the Department assistance from any source."
of Agriculture to promote marketing and
minimize spoilage of agricultural produce and
products;
Sec. 3. Section 44 of the same law is hereby
"(12) Create a credit guarantee fund for amended as follows:chanroblesvirtualawlibrary
agricultural landowners that will enhance the
collateral value of agricultural lands that are
affected or will be affected by coverage under "Sec. 44. Provincial Agrarian Reform
the agrarian reform program; and Coordinating Committee (PARCCOM). — A
Provincial Agrarian Reform Coordinating
"(13) Administration, operation, management
Committee is hereby created in each province,
and funding of support services programs and
composed of a Chairman, who shall be
projects including pilot projects and models
appointed by the President upon the
related to agrarian reform as developed by the
recommendation of the EXCOM, the Provincial
DAR."
Agrarian Reform Officer as Executive Officer,
and one (1) representative each from the
Departments of Agriculture, and of
Sec. 2. Section 36 of the same law is hereby Environment and Natural Resources and from
amended to read as the LBP; one (1) representative each from
follows:chanroblesvirtualawlibrary existing farmers' organizations, agricultural
cooperatives and non-governmental
organizations in the province; two (2)
representatives from landowners, at least one Sec. 4. Section 45 of the same law is hereby
(1) of whom shall be a producer representing amended to read as
the principal crop of the province, and two (2) follows:chanroblesvirtualawlibrary
representatives from farmer and farmworker or
beneficiaries, at least one (1) of whom shall be a
farmer or farmworker representing the "Sec. 45.Province-by-province Implementation.
principal crop of the province, as — The PARC shall provide the guidelines for the
members: Provided, That in areas where there province-by-province implementation of the
are cultural communities, the latter shall CARP, taking into account the peculiarities and
likewise have one (1) representative. needs of each place, kind of crops needed or
suited, land distribution workload, beneficiaries
development activities and other factors
"The PARCCOM shall coordinate and monitor prevalent or obtaining in the area.In all cases,
the implementation of the CARP in the the implementing agencies at the provincial
province.It shall provide information on the level shall promote the development of
provisions of the CARP, guidelines issued by the identified ARCs without neglecting the needs
PARC and on the progress of the CARP, in the and problems of other beneficiaries.The ten-
province; in addition, it year program of distribution of public and
private land in each province shall be adjusted
shall:chanroblesvirtualawlibrary
from year to year by the province's PARCCOM
"(a) Recommend to the PARC the in accordance with the level of operations
following:chanroblesvirtualawlibrary previously established by the PARC, in every
case ensuring that support services are
"(1) Market prices to be used in the available or have been programmed before
determination of the profit sharing obligation of actual distribution is effected."
agricultural entities in the province;

chan robles virtual law library


Sec. 5.This Act shall take effect upon its
"(2) Adoption of the direct payment scheme approval.
between the landowner and the farmer and/or
farmworker beneficiary: Provided, that the
amount and terms of payment are not more
burdensome to the agrarian reform beneficiary Approved: February
than under the compulsory coverage provision
of the CARL: Provided, further, That the agrarian
reform beneficiary agrees to the amount and
Republic Act No. 9700 August 7, 2009
terms of payment: Provided, furthermore, That
the DAR shall act as mediator in cases of AN ACT STRENGTHENING THE
disagreement between the landowner and the COMPREHENSIVE AGRARIAN REFORM
farmer and/or farmworker PROGRAM (CARP), EXTENDING THE
beneficiary; Provided, finally, That the farmer ACQUISITION AND DISTRIBUTION OF ALL
and/or farmer beneficiary shall be eligible to AGRICULTURAL LANDS, INSTITUTING
borrow from the LBP an amount equal to NECESSARY REFORMS, AMENDING FOR THE
eighty-five percent (85%) of the selling price of PURPOSE CERTAIN PROVISIONS OF REPUBLIC
the land that they have acquired; ACT NO. 6657, OTHERWISE KNOWN AS THE
COMPREHENSIVE AGRARIAN REFORM LAW OF
"(3) Continuous processing of applications for
1988, AS AMENDED, AND APPROPRIATING
lease back arrangements, joint-venture
FUNDS THEREFOR
agreements and other schemes that will
optimize the operating size for agricultural Be it enacted by the Senate and House of
production and also promote both security of Representatives of the Philippines in Congress
tenure and security of income to farmer assembled::
beneficiaries: Provided, That lease back
arrangements should be the last resort."
Section1. Section 2 of Republic Act No. 6657, as "The agrarian reform program is founded on
amended, otherwise known as the the right of farmers and regular farmworkers,
Comprehensive Agrarian Reform Law of 1988, is who are landless, to own directly or collectively
hereby further amended to read as follows: the lands they till or, in the case of other
farmworkers, to receive a just share of the fruits
"SEC. 2. Declaration of Principles and Policies. - thereof. To this end, the State shall encourage
It is the policy of the State to pursue a and undertake the just distribution of all
Comprehensive Agrarian Reform Program agricultural lands, subject to the priorities and
(CARP). The welfare of the landless farmers and retention limits set forth in this Act, taking into
farmworkers will receive the highest account ecological, developmental, and equity
consideration to promote social justice and to considerations, and subject to the payment of
move the nation toward sound rural just compensation. The State shall respect the
development and industrialization, and the right of small landowners, and shall provide
establishment of owner cultivatorship of
incentive for voluntary land-sharing.
economic-size farms as the basis of Philippine
agriculture. "As much as practicable, the implementation of
the program shall be community-based to
"The State shall promote industrialization and assure, among others, that the farmers shall
full employment based on sound agricultural have greater control of farmgate prices, and
development and agrarian reform, through
easier access to credit.
industries that make full and efficient use of
human and natural resources, and which are "The State shall recognize the right of farmers,
competitive in both domestic and foreign farmworkers and landowners, as well as
markets: Provided, That the conversion of cooperatives and other independent farmers’
agricultural lands into industrial, commercial or organizations, to participate in the planning,
residential lands shall take into account, tillers' organization, and management of the program,
rights and national food security. Further, the and shall provide support to agriculture through
State shall protect Filipino enterprises against appropriate technology and research, and
unfair foreign competition and trade practices. adequate financial, production, marketing and
other support services.
"The State recognizes that there is not enough
agricultural land to be divided and distributed "The State shall recognize and enforce,
to each farmer and regular farmworker so that consistent with existing laws, the rights of rural
each one can own his/her economic-size family women to own and control land, taking into
farm. This being the case, a meaningful agrarian consideration the substantive equality between
reform program to uplift the lives and economic men and women as qualified beneficiaries, to
status of the farmer and his/her children can receive a just share of the fruits thereof, and to
only be achieved through simultaneous be represented in advisory or appropriate
industrialization aimed at developing a self- decision-making bodies. These rights shall be
reliant and independent national economy independent of their male relatives and of their
effectively controlled by Filipinos. civil status.

"To this end, the State may, in the interest of "The State shall apply the principles of agrarian
national welfare or defense, establish and reform, or stewardship, whenever applicable, in
operate vital industries. accordance with law, in the disposition or
utilization of other natural resources, including
"A more equitable distribution and ownership lands of the public domain, under lease or
of land, with due regard to the rights of concession, suitable to agriculture, subject to
landowners to just compensation, retention prior rights, homestead rights of small settlers
rights under Section 6 of Republic Act No. 6657, and the rights of indigenous communities to
as amended, and to the ecological needs of the
their ancestral lands.
nation, shall be undertaken to provide farmers
and farmworkers with the opportunity to "The State may resettle landless farmers and
enhance their dignity and improve the quality of farm workers in its own agricultural estates,
their lives through greater productivity of which shall be distributed to them in the
agricultural lands. manner provided by law.
"By means of appropriate incentives, the State and/or fisheries either by himself/herself, or
shall encourage the formation and maintenance primarily with the assistance of his/her
of economic-size family farms to be constituted immediate farm household, whether the land is
by individual beneficiaries and small owned by him/her, or by another person under
landowners. a leasehold or share tenancy agreement or
arrangement with the owner thereof.
"The State shall protect the rights of
subsistence fishermen, especially of local "x x x
communities, to the preferential use of
communal marine and fishing resources, both "(1) Rural women refer to women who are
inland and offshore. It shall provide support to engaged directly or indirectly in farming and/or
such fishermen through appropriate technology fishing as their source of livelihood, whether
and research, adequate financial, production paid or unpaid, regular or seasonal, or in food
preparation, managing the household, caring
and marketing assistance and other services.
The State shall also protect, develop and for the children, and other similar activities."
conserve such resources. The protection shall Section 3. Section 4 of Republic Act No. 6657, as
extend to offshore fishing grounds of amended, is hereby further amended to read as
subsistence fishermen against foreign intrusion. follows:
Fishworkers shall receive a just share from their
labor in the utilization of marine and fishing "SEC. 4.Scope. -The Comprehensive Agrarian
resources. Reform Law of 1988 shall cover, regardless of
tenurial arrangement and commodity
"The State shall be guided by the principles that produced, all public and private agricultural
land has a social function and land ownership lands as provided in Proclamation No. 131 and
has a social responsibility. Owners of Executive Order No. 229, including other lands
agricultural land have the obligation to cultivate of the public domain suitable for
directly or through labor administration the agriculture: Provided, That landholdings of
lands they own and thereby make the land landowners with a total area of five (5) hectares
productive. and below shall not be covered for acquisition
"The State shall provide incentives to and distribution to qualified beneficiaries.
landowners to invest the proceeds of the "More specifically, the following lands are
agrarian reform program to promote covered by the CARP:
industrialization, employment and privatization
of public sector enterprises. Financial "(a) All alienable and disposable lands of the
instruments used as payment for lands shall public domain devoted to or suitable for
contain features that shall enhance negotiability agriculture. No reclassification of forest or
and acceptability in the marketplace. mineral lands to agricultural lands shall be
undertaken after the approval of this Act until
"The State may lease undeveloped lands of the Congress, taking into account ecological,
public domain to qualified entities for the developmental and equity considerations, shall
development of capital-intensive farms, and have determined by law, the specific limits of
traditional and pioneering crops especially the public domain;
those for exports subject to the prior rights of
the beneficiaries under this Act." "(b) All lands of the public domain in excess of
the specific limits as determined by Congress in
Section 2. Section 3 of Republic Act No. 6657, as the preceding paragraph;
amended, is hereby further amended to read as
follows: "(c) All other lands owned by the Government
devoted to or suitable for agriculture; and
"SEC. 3. Definitions. - For the purpose of this
Act, unless the context indicates otherwise: "(d) All private lands devoted to or suitable for
agriculture regardless of the agricultural
"x x x products raised or that can be raised thereon.
"(f) Farmer refers to a natural person whose "A comprehensive inventory system in
primary livelihood is cultivation of land or the consonance with the national land use plan
production of agricultural crops, livestock shall be instituted by the Department of
Agrarian Reform (DAR), in accordance with the hectares which have already been subjected to
Local Government Code, for the purpose of a notice of coverage issued on or before
properly identifying and classifying farmlands December 10, 2008; rice and corn lands under
within one (1)year from effectivity of this Act, Presidential Decree No. 27; all idle or
without prejudice to the implementation of the abandoned lands; all private lands voluntarily
land acquisition and distribution." offered by the owners for agrarian
reform: Provided, That with respect to
Section 4. There shall be incorporated after voluntary land transfer, only those submitted by
Section 6 of Republic Act No. 6657, as June 30, 2009 shall be
amended, new sections to read as follows: allowed Provided, further, That after June 30,
"SEC. 6-A. Exception to Retention Limits. - 2009, the modes of acquisition shall be limited
Provincial, city and municipal government ,units to voluntary offer to sell and compulsory
acquiring private agricultural lands by acquisition: Provided, furthermore, That all
expropriation or other modes of acquisition to previously acquired lands wherein valuation is
be used for actual, direct and exclusive public subject to challenge by landowners shall be
purposes, such as roads and bridges, public completed and finally resolved pursuant to
markets, school sites, resettlement sites, local Section 17 of Republic Act No. 6657, as
government facilities, public parks and amended: Provided, finally, as mandated by the
barangay plazas or squares, consistent with the Constitution, Republic Act No. 6657, as
approved local comprehensive land use plan, amended, and Republic Act No. 3844,as
shall not be subject to the five (5)-hectare amended, only farmers (tenants or lessees) and
retention limit under this Section and Sections regular farmworkers actually tilling the lands, as
70 and 73(a) of Republic Act No. 6657, as certified under oath by the Barangay Agrarian
amended: Provided, That lands subject to CARP Reform Council (BARC) and attested under oath
shall first undergo the land acquisition and by the landowners, are the qualified
distribution process of the program: Provided, beneficiaries. The intended beneficiary shall
further, That when these lands have been state under oath before the judge of the city or
subjected to expropriation, the agrarian reform municipal court that he/she is willing to work
beneficiaries therein shall be paid just on the land to make it productive and to
compensation." assume the obligation of paying the
amortization for the compensation of the land
"SEC. 6-B. Review of Limits of Land Size. - Within and the land taxes thereon; all lands foreclosed
six (6) months from the effectivity of this Act, by government financial institutions; all lands
the DAR shall submit a comprehensive study on acquired by the Presidential Commission on
the land size appropriate for each type of crop Good Government (PCGG); and all other lands
to Congress for a possible review of limits of owned by the government devoted to or
land sizes provided in this Act." suitable for agriculture, which shall be acquired
and distributed immediately upon the
Section 5. Section 7 of Republic Act No. 6657, as
effectivity of this Act, with the implementation
amended, is hereby further amended to read as
to be completed by June 30, 2012;
follows:
"Phase Two: (a) Lands twenty-four (24) hectares
"SEC. 7. Priorities. - The DAR, in coordination
up to fifty (50) hectares shall likewise be
with the Presidential Agrarian Reform Council
covered for purposes of agrarian reform upon
(PARC) shall plan and program the final
the effectivity of this Act. All alienable and
acquisition and distribution of all remaining
disposable public agricultural lands; all arable
unacquired and undistributed agricultural lands
public agricultural lands under agro-forest,
from the effectivity of this Act until June 30,
pasture and agricultural leases already
2014. Lands shall be acquired and distributed as
cultivated and planted to crops in accordance
follows:
with Section 6, Article XIII of the Constitution;
"Phase One: During the five (5)-year extension all public agricultural lands which are to be
period hereafter all remaining lands above fifty opened for new development and
(50) hectares shall be covered for purposes of resettlement: and all private agricultural lands
agrarian reform upon the effectivity of this Act. of landowners with aggregate landholdings
All private agricultural lands of landowners with above twenty-four (24) hectares up to fifty (50)
aggregate landholdings in excess of fifty (50) hectares which have already been subjected to
a notice of coverage issued on or before the implementation of this Act particularly the
December 1O, 2008, to implement principally provisions of this Section.
the rights of farmers and regular farmworkers,
who are landless, to own directly or collectively "Land acquisition and distribution shall be
completed by June 30, 2014 on a province-by-
the lands they till, which shall be distributed
immediately upon the effectivity of this Act, province basis. In any case, the PARC or the
with the implementation to be completed by PARC Executive Committee (PARC EXCOM),
upon recommendation by the Provincial
June 30, 2012; and
Agrarian Reform Coordinating Committee
"(b) All remaining private agricultural lands of (PARCCOM), may declare certain provinces as
landowners with aggregate landholdings in priority land reform areas, in which case the
excess of twenty-four (24) hectares, regardless acquisition and distribution of private
as to whether these have been subjected to agricultural lands therein under advanced
notices of coverage or not, with the phases may be implemented ahead of the
implementation to begin on July 1, 2012 and to above schedules on the condition that prior
be completed by June 30, 2013; phases in these provinces have been
completed: Provided, That notwithstanding the
"Phase Three: All other private agricultural above schedules, phase three (b) shall not be
lands commencing with large landholdings and implemented in a particular province until at
proceeding to medium and small landholdings least ninety percent (90%) of the provincial
under the following schedule: balance of that particular province as of January
"(a) Lands of landowners with aggregate 1, 2009 under Phase One, Phase Two (a), Phase
landholdings above ten (10) hectares up to Two (b),,and Phase Three (a), excluding lands
twenty- four (24)hectares, insofar as the excess under the jurisdiction of the Department of
hectarage above ten (10) hectares is concerned, Environment and Natural Resources (DENR),
to begin on July 1,2012 and to be completed by have been successfully completed.
June 30, 2013; and "The PARC shall establish guidelines to
"(b) Lands of landowners with aggregate implement the above priorities and distribution
landholdings from the retention limit up to ten scheme, including the determination of who are
(10) hectares, to begin on July 1, 2013 and to be qualified beneficiaries: Provided, That an
completed by June 30, 2014; to implement owner-tiller may be a beneficiary of the land
principally the right of farmers and regular he/she does not own but is actually cultivating
farmworkers who are landless, to own directly to the extent of the difference between the
or collectively the lands they till. area of the land he/she owns and the award
ceiling of three (3) hectares: Provided, further,
"The schedule of acquisition and redistribution That collective ownership by the farmer
of all agricultural lands covered by this program beneficiaries shall be subject to Section 25 of
shall be made in accordance with the above Republic Act No. 6657, as amended: Provided,
order o f priority, which shall be provided in the furthermore, That rural women shall be given
implementing rules to be prepared by the PARC, the opportunity t o participate in the
taking into consideration the following: the development planning and implementation of
landholdings wherein the farmers are organized this Act: Provided, finally, That in no case should
and understand ,the meaning and obligations of the agrarian reform beneficiaries' sex,
farmland ownership; the distribution of lands to economic, religious, social, cultural and political
the tillers at the earliest practicable time; the attributes adversely affect the distribution of
enhancement of agricultural productivity; and lands."
the availability of funds and resources to
implement and support the program: Provided, Section 6. The title of Section 16of Republic Act
That the PARC shall design and conduct No. 6657, as amended, is hereby further
seminars, symposia, information campaigns, amended to read as follows:
and other similar programs for farmers who are "SEC. 16. Procedure for Acquisition and
not organized or not covered by any
Distribution of Private Lands."
landholdings. Completion by these farmers of
the aforementioned seminars, symposia, and
other similar programs shall be encouraged in
Section 7. Section 17of Republic Act No. 6657, indefeasible and imprescriptible after one (1)
as amended, is hereby further amended to read year from its registration with the Office of the
as follows: Registry of Deeds, subject to the conditions,
limitations and qualifications of this Act, the
"SEC. 17. Determination of Just Compensation. -
property registration decree, and other
In determining just compensation, the cost of pertinent laws. The emancipation patents or
acquisition of the land, the value of the the certificates of land ownership award being
standing crop, the current: value of like titles brought under the operation of the
properties, its nature, actual use and income, torrens system, are conferred with the same
the sworn valuation by the owner, the tax indefeasibility and security afforded to all titles
declarations, the assessment made by under the said system, as provided for by
government assessors, and seventy percent Presidential Decree No. 1529, as amended by
(70%) of the zonal valuation of the Bureau of
Republic Act No. 6732.
Internal Revenue (BIR), translated into a basic
formula by the DAR shall be considered, subject "It is the ministerial duty of the Registry of
to the final decision of the proper court. The Deeds to register the title of the land in the
social and economic benefits contributed by the name of the Republic of the Philippines, after
farmers and the farmworkers and by the the Land Bank of the Philippines (LBP) has
Government t o the property as well as the certified that the necessary deposit in the name
nonpayment of taxes or loans secured from any of the landowner constituting full payment in
government financing institution on the said cash or in bond with due notice to the
land shall be considered as additional factors to landowner and the registration of the certificate
determine its valuation." of land ownership award issued to the
beneficiaries, and to cancel previous titles
Section 8. There shall be incorporated after
pertaining thereto.
Section 22 of Republic Act No. 6657, as
amended, a new section to read as follows: "Identified and qualified agrarian reform
beneficiaries, based on Section 22 of Republic
"SEC. 22-A. Order of Priority. - A landholding of Act No. 6657, as, amended, shall have
a landowner shall be distributed first to usufructuary rights over the awarded land as
qualified beneficiaries under Section 22, soon as the DAR takes possession of such land,
subparagraphs (a) and (b) of that same and such right shall not be diminished even
landholding up to a maximum of three (3) pending the awarding of the emancipation
hectares each. Only when these beneficiaries patent or the certificate of land ownership
have all received three (3) hectares each, shall
award.
the remaining portion of the landholding, if any,
be distributed to other beneficiaries under "All cases involving the cancellation of
Section 22, subparagraphs (c), (d), (e), (f), and registered emancipation patents, certificates of
(g)." land ownership award, and other titles issued
under any agrarian reform program are within
Section 9. Section 24 of Republic Act No. 6657, the exclusive and original jurisdiction of the
as amended, is hereby further amended to read Secretary of the DAR."
as follows:
Section 10. Section 25 of Republic Act So. 6657,
"SEC. 24. Award to Beneficiaries. - The rights as amended, is hereby further amended to read
and responsibilities of the beneficiaries shall as follows:
commence from their receipt of a duly
registered emancipation patent or certificate of "SEC.25. Award Ceilings for Beneficiaries. -
land ownership award and their actual physical Beneficiaries shall be awarded an area not
possession of the awarded land. Such award exceeding three (3) hectares, which may cover a
shall be completed in not more than one contiguous tract of land or several parcels of
hundred eighty (180) days from the date of land cumulated up to the prescribed award
registration of the title in the name of the limits. The determination of the size of the land
Republic of the Philippines: Provided, That the for distribution shall consider crop type, ,soil
emancipation patents, the certificates of land type, weather patterns and other pertinent
ownership award, and other titles issued under variables or factors which are deemed critical
any agrarian reform program shall be for the success of the beneficiaries.
"For purposes of this Act, a landless beneficiary similar facilities that cannot be subdivided or
is one who owns less than three (3) hectares of assigned to individual farmers.
agricultural land.
"For idle and abandoned lands or
"Whenever appropriate, the DAR shall underdeveloped agricultural lands to be
encourage the agrarian reform beneficiaries to covered by CARP, collective ownership shall be
form or join farmers' cooperatives for purposes allowed only if the beneficiaries opt for it and
of affiliating with existing cooperative banks in there is a clear development plan that would
their respective provinces or localities, as well require collective farming or integrated farm
as forming blocs of agrarian reform operations exhibiting the conditions described
beneficiaries, corporations, and partnerships above. Otherwise, the land awarded to a
and joining other farmers' collective farmer-beneficiary should be in the form of a n
organizations, including irrigators' associations: individual title, covering one (1) contiguous
Provided, That the agrarian reform beneficiaries tract or several parcels of land cumulated up to
shall be assured of corresponding shares in the a maximum of three (3) hectares.
corporation, seats in the board of directors, and
"In case of collective ownership, title to the
an equitable share in the profit.
property shall be issued in the name of the co-
"In general, the land awarded to a farmer- owners or the cooperative or collective
beneficiary should be in the form of an organization as the case may be. If the
individual title, covering one (1)contiguous tract certificates of land ownership award are given
or several parcels of land cumulated up to a to cooperatives then the names of the
maximum of three (3) hectares. beneficiaries must also be listed in the same
certificate of land ownership award.
"The beneficiaries may opt for collective
ownership, such as co-workers or farmers "With regard to existing collective certificates of
cooperative or some other form of collective land ownership award, the DAR should
organization and for the issuance of collective immediately undertake the parcelization of said
ownership titles: Provided, That the total area certificates of land ownership award,
that may be awarded shall not exceed the total particularly those that do not exhibit the
number of co-owners or members of the conditions for collective ownership outlined
cooperative or collective organization above. The DAR shall conduct a review and
multiplied by the award limit above prescribed, redocumentation of all the collective
except in meritorious cases as determined by certificates of land ownership award. The DAR
the PARC. shall prepare a prioritized list of certificates of
land ownership award to be parcelized. The
"The conditions for the issuance of collective parcelization shall commence immediately
titles are as follows: upon approval of this Act and shall not exceed a
"(a) The current farm management system of period of three (3) years. Only those existing
the land covered by CARP will not be certificates of land ownership award that are
appropriate for individual farming of farm collectively farmed or are operated in an
parcels; integrated manner shall remain as collective."

"(b) The farm labor system is specialized, where Section 11. Section 26 of Republic Act No. 6657,
the farmworkers are organized by functions and as amended, is hereby further amended to read
not by specific parcels such as spraying, as follows:
weeding, packing and other similar functions; "SEC. 26. Payment by Beneficiaries. - Lands
"(c) The potential beneficiaries are currently not awarded pursuant to this Act shall be paid for
farming individual parcels hut collectively work by the beneficiaries to the LBP in thirty (30)
on large contiguous areas; and annual amortizations at six percent (6%)
interest per annum. The annual amortization
"(d) The farm consists of multiple crops being shall start one (1) year from the date of the
farmed in an integrated manner or includes certificate of land ownership award registration.
non- crop production areas that are necessary However, if the occupancy took place after the
for the viability of farm operations, such as certificate of land ownership award registration,
packing plants, storage areas, dikes, and other the amortization shall start one (1) year from
actual occupancy. The payments for the first "If the land has not yet been fully paid by the
three (3) years after the award shall be at beneficiary, the rights to the land may be
reduced amounts as established by the PARC: transferred or conveyed, with prior approval of
Provided, That the first five (5) annual payments the DAR, to any heir of the beneficiary or to any
may not be more than five percent (5%) of the other beneficiary who, as a condition for such
value of the annual gross production as transfer or conveyance, shall cultivate the land
established by the DAR. Should the scheduled himself/herself. Failing compliance herewith,
annual payments after the fifth (5th) year the land shall be transferred to the LBP which
exceed ten percent (10%) of the annual gross shall give due notice of the availability of the
production and the failure to produce land in the manner specified in the immediately
accordingly is not due to the beneficiary's fault, preceding paragraph.
the LBP shall reduce the interest rate and/or
reduce the principal obligation to make the "In the event of such transfer to the LBP, the
latter shall compensate the beneficiary in one
repayment affordable.
lump sump for the amounts the latter has
"The LBP shall have a lien by way of mortgage already paid, together with the value of
on the land awarded to the beneficiary; and this improvements he/she has made on the land."
mortgage may be foreclosed by the LBP for
non-payment of an aggregate of three (3) Section 13. Section 36 of Republic Act No. 6657,
annual amortizations. The LBP shall advise the as amended, is hereby further amended to read
DAR of such proceedings and the latter shall as follows:
subsequently award the forfeited landholding "SEC. 36. Funding for Support Services. - In order
to other qualified beneficiaries. A beneficiary to cover the expenses and cost of support
whose land, as provided herein, has been services, at least forty percent (40%) of all
foreclosed shall thereafter be permanently appropriations for agrarian reform during the
disqualified from becoming a beneficiary under five (5) year extension period shall be
this Act." immediately set aside and made available for
Section 12. Section 27 of Republic Act No. 6657, this purpose: Provided, That the DAR shall
as amended, is hereby further amended to read pursue integrated land acquisition and
distribution and support services strategy
as follows:
requiring a plan to be developed parallel to the
"SEC. 27. Transferability of Awarded Lands. - land acquisition and distribution process. The
Lands acquired by beneficiaries under this Act planning and implementation for land
or other agrarian reform laws shall not be sold, acquisition and distribution shall be hand-in-
transferred or conveyed except through hand with support services
hereditary succession, or to the government, or delivery: Provided, further, That for the next five
to the LBP, or to other qualified beneficiaries (5) years, as far as practicable, a minimum of
through the DAR for a period of ten (10) two (2) Agrarian Reform Communities (ARCs)
years: Provided, however, That the children or shall be established by the DAR, in coordination
the spouse of the transferor shall have a right to with the local government units, non-
repurchase the land from the government or governmental organizations, 'community-based
LBP within a period of two (2) years. Due notice cooperatives and people's organizations in each
of the availability of the land shall be given by legislative district with a predominant
the LBP to the BARC of the barangay where the agricultural population: Provided, furthermore,
land is situated. The PARCCOM, as herein That the areas in which the ARCS are to be
provided, shall, in turn, be given due notice established shall have been substantially
thereof by the BARC. covered under the provisions of this Act and
other agrarian or land reform
"The title of the land awarded under the laws: Provided, finally, That a complementary
agrarian reform must indicate that it is an support services delivery strategy for existing
emancipation patent or a certificate of land agrarian reform beneficiaries that are not in
ownership award and the subsequent transfer barangays within the ARCs shall be adopted by
title must also indicate that it is an the DAR.
emancipation patent or a certificate of land
ownership award. "For this purpose, an Agrarian Reform
Community is composed and managed by
agrarian reform beneficiaries who shall be cooperatives and accredited cooperative banks
willing to be organized and to undertake the shall provide the delivery system for
integrated development of an area and/or their disbursement of the above financial assistance
organizations/ cooperatives. In each to individual agrarian reform beneficiaries,
community, the DAR, together with the holders of collective titles and cooperatives.
agencies and organizations abovementioned,
shall identify the farmers' association, "For this purpose, all financing institutions may
cooperative or their respective federations accept as collateral for loans the purchase
approved by the farmers- beneficiaries that orders, marketing agreements or expected
shall take the lead in the agricultural harvests: Provided, That loans obtained shall be
development of the area. In addition, the DAR, used in the improvement or development of
in close coordination with the congressional the farm holding of the agrarian reform
oversight committee created herein, with due beneficiary or the establishment of facilities
notice to the concerned representative of the which shall enhance production or marketing of
legislative district prior to implementation shall agricultural products of increase farm income
be authorized to package proposals and receive therefrom: Provided, further, That of the
grants, aids and other forms of financial remaining seventy percent (70%) for the
support services, fifteen percent (15%) shall be
assistance from any source"
earmarked for farm inputs as requested by the
Section 14. Section 37 of Republic Act No. 6657, duly accredited agrarian reform beneficiaries'
as amended, is hereby further amended to read organizations, such as, but not limited to: (1)
as follows: seeds, seedlings and/or planting materials; (2)
organic fertilizers; (3) pesticides; (4)herbicides;
"SEC. 37. Support Services for the Agrarian and (5) farm animals, implements/'machineries;
Reform Beneficiaries. - The State shall adopt the and five percent (5%) for seminars, trainings
integrated policy of support services delivery to
and the like to help empower agrarian reform
agrarian reform beneficiaries. To this end, the beneficiaries.
DAR, the Department of Finance, and the
Bangko Sentral ng Pilipinas (BSP) shall institute "(c) Extension services by way of planting,
reforms to liberalize access to credit by agrarian cropping, production and post-harvest
reform beneficiaries. The PARC shall ensure that technology transfer, as well as marketing and
support services for agrarian reform management assistance and support to
beneficiaries are provided, such as: cooperatives and farmers' organizations;

"(a) Land surveys and titling; "(d) Infrastructure such as, but not limited to,
access trails, mini-dams, public utilities,
"(b) Socialized terms on agricultural credit
marketing and storage facilities;
facilities;
"(e) Research, production and use of organic
"Thirty percent (30%) of all appropriations for fertilizers and other local substances necessary
support services referred to in Section 36 of in farming and cultivation; and
Republic Act No. 6657, as amended, shall be
immediately set aside and made available for "(f) Direct and active DAR assistance in the
agricultural credit facilities: Provided, That one- education and organization of actual and
third (1/3) of this segregated appropriation shall potential agrarian reform beneficiaries, at the
be specifically allocated for subsidies to support barangay, municipal, city, provincial, and
the initial capitalization for agricultural national levels, towards helping them
production to new agrarian reform beneficiaries understand their rights and responsibilities as
upon the awarding of the emancipation patent owner-cultivators developing farm- related
or the certificate of land ownership award and trust relationships among themselves and their
the remaining two-thirds (2/3) shall be neighbors, and increasing farm production and
allocated to provide access to socialized credit profitability with the ultimate end of
to existing agrarian reform beneficiaries, empowering them to chart their own destiny.
including the leaseholders: Provided, further, The representatives of the agrarian reform
the LBP and other concerned government beneficiaries to the PARC shall be chosen from
financial institutions, accredited savings and the 'nominees of the duly accredited agrarian
credit cooperatives, financial service reform beneficiaries' organizations, or in its
absence, from organizations of actual and support services, and equal treatment in land
potential agrarian reform beneficiaries as reform and resettlement schemes.
forwarded to and processed by the PARC
EXCOM. "The DAR shall establish and maintain a
women's desk, which will be primarily
"The PARC shall formulate policies to ensure responsible for formulating and implementing
that support services for agrarian reform programs and activities related to the
beneficiaries shall be provided at all stages of protection and promotion of women's rights, as
the program implementation with the well as providing an avenue where women can
concurrence of the concerned agrarian reform register their complaints and grievances
beneficiaries. principally related t o their rural activities."

"The PARC shall likewise adopt, implement, and Section 16. Section 38 of Republic Act No. 6657,
monitor policies and programs to ensure the as amended, is hereby further amended to read
fundamental equality of women and men in the as follows:
agrarian reform program as well as respect for
the human rights, social protection, and decent "SEC. 38. Support Services for Landowners. - The
working conditions of both paid and unpaid PARC, with the assistance of such other
government agencies and instrumentalities as it
men and women farmer-beneficiaries.
may direct, shall provide landowners affected
"The Bagong Kilusang Kabuhayan sa by the CARP and prior agrarian reform
Kaunlaran (BKKK) Secretariat shall be programs with the following services:
transferred and attached t o the LBP, for its
"(a) Investment information, financial and
supervision including all its applicable and
existing funds, personnel, properties, counseling assistance, particularly investment
equipment and records. information on government-owned and/or -
controlled corporations and disposable assets
"Misuse or diversion of the financial and of the government in pursuit of national
support services herein provided shall result in industrialization and economic independence:
sanctions against the beneficiary guilty thereof,
including the forfeiture of the land transferred "(b) Facilities, programs and schemes for the
to him/her or lesser sanctions as may be conversion or exchange of bonds issued for
provided by the PARC, without prejudice to payment of the lands acquired with stocks and
criminal prosecution." bonds issued by the National Government, the
BSP and other government institutions and
Section 15. There shall be incorporated after instrumentalities;
Section 37 of Republic Act No. 6657, as
"(c) Marketing of agrarian reform bonds, as well
amended, a new section to read as follows:
as promoting the marketability of said bonds in
"SEC. 37-A. Equal Support Services for Rural traditional and non-traditional financial markets
Women. - Support services shall be extended and stock exchanges: and/or
equally to women and men agrarian reform
"(d) Other services designed t o utilize
beneficiaries.
productively the proceeds of the sale of such
"The PARC shall ensure that these support lands for rural industrialization.
services, as provided for in this Act, integrate
the specific needs and well-being of women "A landowner who invests in rural-based
farmer- beneficiaries taking into account the industries shall be entitled to the incentives
specific requirements of female family granted to a registered enterprise engaged in a
pioneer or preferred area of investment as
members of farmer- beneficiaries.
provided for in the Omnibus Investment Code
"The PARC shall also ensure that rural women of 1987,or to such other incentives as the PARC,
will be able to participate in all community the LBP, or other government financial
activities. To this effect, rural women are institutions shall provide.
entitled to self-organization in order to obtain
equal access to economic opportunities and to "The LBP shall redeem a landowner's agrarian
have access to agricultural credit and loans, reform bonds at face value as an incentive:
marketing facilities and technology, and other Provided, That at least fifty percent (50%) of the
proceeds thereof shall be invested in a Board of
Investments (BOI)-registered company or in any Section 18. Section 50 of Republic Act No. 6657,
agri-business or agro-industrial enterprise in the as amended, is hereby further amended to read
region where the CARP-covered landholding is as follows:
located. An additional incentive of two percent
"SEC. 50. Quasi-Judicial Powers of the DAR. -
(2%) in cash shall be paid to a landowner who
maintains his/her enterprise as a going concern The DAR is hereby vested with primary
for five (5) years or keeps his/her investments in jurisdiction to determine and adjudicate
a BOI- registered firm for the same period: agrarian reform matters and shall have
Provided, further, That the rights of the agrarian exclusive original jurisdiction over all matters
reform beneficiaries are not, in any way, involving the implementation of agrarian
reform, except those falling under the exclusive
prejudiced or impaired thereby.
jurisdiction of the Department of Agriculture
"The DAR, the LBP and the Department of Trade (DA) and the DENR.
and Industry shall jointly formulate the program
to carry out these provisions under the "It shall not be bound by technical rules of
supervision of the PARC: Provided, That in no procedure and evidence but shall proceed to
hear and decide all cases, disputes or
case shall the landowners' sex, economic,
religious, social, cultural and political attributes controversies in a most expeditious manner,
exclude them from accessing these support employing all reasonable means to ascertain
the facts of every case in accordance with
services."
justice and equity and the merits of the case.
Section 17. Section 41 of Republic Act No. 6657, Toward this end, it shall adopt a uniform rule of
as amended, is hereby further amended to read procedure to achieve a just, expeditious and
as follows: inexpensive determination of every action or
proceeding before it.
"SEC. 41. The Presidential Agrarian Reform
Council. - The Presidential Agrarian Reform "It shall have the power to summon witnesses,
Council (PARC) shall be composed of the administer oaths, take testimony, require
President of the Philippines as Chairperson, the submission of reports, compel the production of
Secretary of Agrarian Reform as Vice- books and documents and answers to
Chairperson and the following as members: interrogatories and issue subpoena,
Secretaries of the Departments of Agriculture; and subpoena duces tecum and to enforce its
Environment and Natural Resources; Budget writs through sheriffs or other duly deputized
and Management; Interior and Local officers. It shall likewise have the power to
Government; Public Works and Highways; Trade punish direct and indirect contempts in the
and Industry; Finance; and Labor and same manner and subject to the same penalties
Employment; Director-General of the National as provided in the Rules of Court.
Economic and Development Authority;
President, Land Bank of the Philippines; "Responsible farmer leaders shall be allowed to
represent themselves, their fellow farmers, or
Administrator, National Irrigation
Administration; Administrator, Land their organizations in any proceedings before
Registration Authority; and six (6) the DAR Provided, however, That when there
representatives of affected landowners to are two or more representatives for any
represent Luzon, Visayas and Mindanao; six (6) individual or group, the representatives should
representatives of agrarian reform choose only one among themselves to
beneficiaries, two (2) each from Luzon, Visayas represent such party or group before any DAB
and Mindanao: Provided, That at least one (1) of proceedings.
them shall be from the indigenous "Notwithstanding an appeal to the Court of
peoples: Provided, further, That at least one Appeals, the decision of the DAR shall be
(1)of them shall come from a duly recognized immediately executory except a decision or a
national organization of rural women or a portion thereof involving solely the issue of just
national organization of agrarian reform compensation."
beneficiaries with a substantial number of
women members: Provided, finally, That at Section 19. Section 50 of Republic Act No. 6657,
least twenty percent (20%) of the members of as amended, is hereby further amended by
the PARC shall be women but in no case shall adding Section 50-A to read as follows:
they be less than two (Z)."
"SEC. 50-A. Exclusive Jurisdiction on Agrarian "SEC. 63. Funding Source. - The amount needed
Dispute. - No court or prosecutor's office shall to further implement the CARP as provided in
take cognizance of cases pertaining to the this Act, until June 30, 2014, upon expiration of
implementation of the CARP except those funding under Republic Act No. 8532 and other
provided under Section 57 of Republic Act No. pertinent laws, shall be funded from the
6657, as amended. If there is an allegation from Agrarian Reform Fund and other funding
any of the parties that the case is agrarian in sources in the amount of at least One hundred
nature and one of the parties is a farmer, fifty billion pesos (P150,000,000,000.00).
farmworker, or tenant, the case shall be
automatically referred by the judge or the "Additional amounts are hereby authorized to
prosecutor to the DAR which shall determine be appropriated as and when needed to
and certify within fifteen (15) days from referral augment the Agrarian Reform Fund in order to
whether an agrarian dispute exists: Provided, fully implement the provisions of this Act during
That from the determination of the DAR, an the five (5)-year extension period.
aggrieved party shall have judicial recourse. In "Sources of funding or appropriations shall
cases referred by the municipal trial court and include the following:
the prosecutor's office, the appeal shall be with
the proper regional trial court, and in cases "(a) Proceeds of the sales of the Privatization
referred by the regional trial court, the appeal and Management Office (PMO);
shall be to the Court of Appeals.
"e)All receipts from assets recovered and from
"In cases where regular courts or quasi-judicial sales of ill-gotten wealth recovered through the
bodies have competent jurisdiction, agrarian PCGG excluding the amount appropriated for
reform beneficiaries or identified beneficiaries compensation to victims of human rights
and/or their associations shall have legal violations under the applicable law;
standing and interest to intervene concerning
"(c) Proceeds of the disposition and
their individual or collective rights and/or
development of the properties of the
interests under the CARP.
Government in foreign countries, for the
"The fact of non-registration of such specific purposes of financing production
associations with the Securities and Exchange credits, infrastructure and other support
Commission, or Cooperative Development services required by this Act;
Authority, or any concerned government
"(d) All income and, collections of whatever
agency shall not be used against them to deny
form and nature arising from the agrarian
the existence of their legal standing and interest
reform operations, projects and programs of
in a case filed before such courts and quasi-
the DAR and other CARP implementing
judicial bodies."
agencies;
Section 20. Section 55 of Republic Act No. 6657,
"(e) Portion of amounts accruing to the
as amended, is hereby further amended to read
Philippines from all sources of official foreign.
as follows:
aid grants and concessional financing from all
"SEC. 55. No Restraining Order or Preliminary countries, to be used for the specific purposes
Injunction. -Except for the Supreme Court, no of financing productions, credits,
court in the Philippines shall have jurisdiction to infrastructures, and other support services
issue any restraining order or writ of required by this Act:
preliminary injunction against the PARC, the
"(f) Yearly appropriations of no less than Five
DAR, or any of its duly authorized or designated
billion pesos (P5,000,000,000.00) from the
agencies in any case, dispute or controversy
General Appropriations Act;
arising from, necessary to, or in connection with
the application, implementation, enforcement, "(g) Gratuitous financial assistance from
or interpretation of this Act and other pertinent legitimate sources; and
laws on agrarian reform."
"(h) Other government funds not otherwise
Section 21. Section 63 of Republic Act No. 6657, appropriated.
as amended, is hereby further amended to read
as follows:
"All funds appropriated to implement the Irrigation Administration shall submit a
provisions of this Act shall be considered consolidated data on the location nationwide of
continuing appropriations during the period of all irrigable lands within one (1)year from the
its implementation: Provided, That if the need effectivity of this Act.
arises, specific amounts for bond redemptions,
interest payments and other existing "Failure to implement the conversion plan
obligations arising from the implementation of within five (5) years from the approval of such
the program shall be included in the annual conversion plan or any violation of the
General Appropriations Act: Provided, further, conditions of the conversion order due to the
That all just compensation payments to fault of the applicant shall cause the land to
landowners, including execution of judgments automatically be covered by CARP."
therefore, shall only be sourced from the Section 23. Section 68 of Republic Act No. 6657,
Agrarian Reform Fund: Provided, however, That as amended, is hereby further amended to read
just compensation payments that cannot be as follows:
covered within the approved annual budget of
the program shall be chargeable against the "SEC. 68. Immunity of Government Agencies
debt service program of the national from Undue Interference. - In cases falling
government, or any unprogrammed item in the within their jurisdiction, no injunction,
General Appropriations Act: Provided, finally, restraining order, prohibition or mandamus
That after the completion of the land shall be issued by the regional trial courts,
acquisition and distribution component of the municipal trial courts, municipal circuit trial
CARP, the yearly appropriation shall be courts, and metropolitan trial courts against the
allocated fully to support services, agrarian DAR, the DA, the DENR, and the Department of
justice delivery and operational requirements of Justice in their implementation of the
the DAR and the other CARP implementing program."
agencies."
Section 24. Section 73 of Republic Act No. 6657,
Section 22. Section 65 of Republic Act No. 6657, as amended, is hereby further amended to read
as amended, is hereby further amended to read as follows:
as follows:
"SEC. 73. Prohibited Acts and Omissions. - The
"SEC. 65. Conversion of Lands. - After the lapse following are prohibited:
of five (5) years from its award, when the land
"(a) The ownership or possession, for the
ceases to be economically feasible and sound
purpose of circumventing the provisions of this
for agricultural purposes, or the locality has
Act, of agricultural lands in excess of the total
become urbanized and the land will have a
retention limits or award ceilings by any person,
greater economic value for residential,
natural or juridical, except those under
commercial or industrial purposes, the DAR,
collective ownership by farmer-beneficiaries;
upon application of the beneficiary or the
landowner with respect only to his/her retained "(b) The forcible entry or illegal detainer by
area which is tenanted, with due notice to the persons who are not qualified beneficiaries
affected parties, and subject to existing laws, under this Act to avail themselves of the rights
may authorize the reclassification or conversion and benefits of the Agrarian Reform Program:
of the land and its disposition: Provided, That if
the applicant is a beneficiary under agrarian "(c) Any conversion by , any landowner of
laws and the land sought to be converted is the his/her agricultural' land into any non-
land awarded to him/her or any portion agricultural use with intent to avoid the
thereof, the applicant, after the conversion is application of this Act to his/her landholdings
granted, shall invest at least ten percent and to dispossess his/her bonafide tenant
(10%)of the proceeds coming from the farmers:
conversion in government
"(d) The malicious and willful prevention or
securities: Provided, further, That the applicant
obstruction by any person, association or entity
upon conversion shall fully pay the price of the
of the implementation of the CARP;
land: Provided, furthermore, That irrigated and
irrigable lands, shall not be subject to "(e) The sale, transfer, conveyance or change of
conversion: Provided, finally, That the National the nature of lands outside of urban centers
and city limits either in whole or in part after civil service law, rules and regulations. "Any
the effectivity of this Act, except after final person convicted under this Act shall not be
completion of the appropriate conversion under entitled to any benefit provided for in any
Section 65 of Republic Act No. 6657, as agrarian reform law or program."
amended. The date of the registration of the
deed of conveyance in the Register of Deeds Section 25. Section 74 of Republic Act No. 6657,
with respect to titled lands and the date of the as amended, is hereby further amended to read
issuance of the tax declaration to the transferee as follows:
of the property with respect to unregistered "SEC. 74. Penalties. - Any person who knowingly
lands, as the case may be, shall be conclusive or willfully violates the provisions of this Act
for the purpose of this Act; shall be punished by imprisonment of not less
"(f) The sale, transfer or conveyance by a than one (1) month to not more than three (3)
years or a fine of not less than One thousand
beneficiary of the right to use or any other
usufructuary right over the land he/she pesos (P1,000.00) and not more than Fifteen
acquired by virtue of being a beneficiary, in thousand pesos (P15,000.00), or both, at the
discretion of the court: Provided, That the
order to circumvent the provisions of this Act;
following corresponding penalties shall be
"(g) The unjustified, willful, and malicious act by imposed for the specific violations hereunder:
a responsible officer or officers of the
"(a) Imprisonment of three (3) years and one (1)
government through the following:
day to six (6) years or a fine of not less than
"(1) The denial of notice and/or reply to Fifty thousand pesos (P50,000.00)and not more
landowners; than One hundred fifty thousand pesos
(P150,000.00), or both, at the discretion of the
"(2) The deprivation of retention rights; court upon any person who violates Section 73,
"(3) The undue or inordinate delay in the subparagraphs (a), (b), (f), (g), and (h) of
preparation of claim folders; or Republic Act No. 6657, as amended; and

"(4) Any undue delay, refusal or failure in the "(b) Imprisonment of six (6) years and one (1)
payment of just compensation; day to twelve (12) years or a fine of not less
than Two hundred thousand pesos
"(h) The undue delay or unjustified failure of (P200,000.00) and not more than One million
the DAR, the LBP, the PARC, the PARCCOM, and pesos (P1,000,000.00), or both, at the discretion
any concerned government agency or any of the court upon any person who violates
government official or employee to submit the Section 73, subparagraphs (c), (d), (e), and (i) of
required report, data and/or other official Republic Act No. 6657, as amended.
document involving the implementation of the
provisions of this Act, as required by the parties "If the offender is a corporation or association,
or the government, including the House of the officer responsible therefor shall be
Representatives and the Senate of the criminally liable."
Philippines as well as their respective
Section 26. Congressional Oversight
committees, and the congressional oversight Committee. - A Congressional Oversight
committee created herein; Committee on Agrarian Reform (COCAR) is
"(i) The undue delay in the compliance with the hereby created to oversee and monitor the
obligation to certify or attest and/or falsification implementation of this Act. It shall be
of the certification or attestation as required composed of the Chairpersons of the
under Section 7 of Republic Act No. 6657, as Committee on Agrarian Reform of both Houses
amended; and of Congress, three (3) Members of the House of
Representatives, and three (3) Members of the
"(j) Any other culpable neglect or willful Senate of the Philippines, to be designated
violations of the provisions of this Act. respectively by the Speaker of the House of
Representatives and the President of the
"In the case of government officials and
Senate of the Philippines.
employees, a conviction under this Act is
without prejudice to any civil case and/or The Chairpersons of the Committees on
appropriate administrative proceedings under Agrarian Reform of the House of
Representatives and of the Senate of the may be necessary in the performance of its
Philippines shall be the Chairpersons of the functions;
COCAR. The Members shall receive no
compensation; however, traveling and other (h) Engage the services of resource persons
from the public and private sectors as well as
necessary expenses shall be allowed.
civil society including the various agrarian
In order to carry out the objectives of this Act, reform groups or organizations in the different
the COCAR shall be provided with the necessary regions of the country as may be needed;
appropriations for its operation. An initial
amount of Twenty-five million pesos (i) Approve the budget for the work of the
(P25,000,000.00) is hereby appropriated for the Committee and all disbursements therefrom,
COCAR for the first year of its operation and the including compensation of all personnel;
same amount shall be appropriated every year (j) Organize its staff and hire and appoint such
thereafter. employees and personnel whether temporary,
The term of the COCAR shall end six (6) months contractual or on constancy subject to
after the expiration of the extended period of applicable rules; and
five (5) years. (k) Exercise all the powers necessary and
Section 27. Powers and Functions of the incidental to attain the purposes for which it is
COCAR. - The COCAR shall have the following created.
powers and functions: Section 28. Periodic Reports. - The COCAR shall
(a) Prescribe and adopt guidelines which shall submit to the Speaker of the House of
govern its work; Representatives and to the President of the
Senate of the Philippines periodic reports on its
(b) Hold hearings and consultations, receive findings and recommendations on actions to be
testimonies and reports pertinent to its undertaken by both Houses of Congress, the
specified concerns; DAR, and the PARC.

(c) Secure from any department, bureau, office Section 29. Access to Information. -
or instrumentality of the government such Notwithstanding the provisions of Republic Act
assistance as may be needed, including No. 1405 and other pertinent laws, information
technical information, preparation and on the amount of just compensation paid to any
production of reports and submission of landowner under Republic Act No. 6657, as
recommendations or plans as it may require, amended, and other agrarian reform laws shall
particularly a yearly report of the record or be deemed public information.
performance of each agrarian reform
beneficiary as provided under Section 22 of Section 30. Resolution of Case. - Any case
and/or proceeding involving the
Republic Act No. 6657, as amended;
implementation of the provisions of Republic
(d) Secure from the DAR or the LBP information Act No. 6657, as amended, which may remain
on the amount of just compensation pending on June 30, 2014 shall be allowed to
determined to be paid or which has been paid proceed to its finality and be executed even
to any landowner; beyond such date.

(e) Secure from the DAR or the LBP quarterly Section 31. Implementing Rules and
reports on the disbursement of funds for the Regulations. - The PARC and the DAR shall
agrarian reform program; provide the necessary implementing rules and
regulations within thirty (30) days upon the
(f) Oversee and monitor, in such a manner as it approval of this Act. Such rules and regulations
may deem necessary, the actual shall take effect on July 1, 2009 and it shall be
implementation of the program and projects by published in at least two (2) newspapers of
the DAR; general circulation.
(g) Summon by subpoena any public or private Section 32. Repealing Clause. - Section 53 of
citizen to testify before it, or require Republic Act No. 3844, otherwise known as the
by subpoena duces tecumto produce before it
Agricultural Land Reform Code, is hereby
such records, reports, or other documents as repealed and all other laws, decrees, executive
orders, issuances, rules and regulations, or parts
thereof inconsistent with this Act are hereby
likewise repealed or amended accordingly.

Section 33. Separability Clause. - If, for any


reason, any section or provision of this Act is
declared unconstitutional or invalid, the other
sections or provisions not affected thereby shall
remain in full force and effect.

Section 34. Effectivity Clause. - This Act shall


take effect on July 1,2009 and it shall be
published in at least two (2) newspapers of
general circulation.

Approved,

(Sgd.) PROSPERO C. NOGRALES


Speaker of the House of Representatives