The Comprehensive Agrarian Reform Program Extension with Reforms (CARPER) Law
(signed on August 7, 2009)
I GUIDING PRINCIPLES AND POLICIES (Section 2)
■ In pursuit of CARP, the State must give highest consideration to the welfare of the landless farmers and farmworkers to promote social justice and to move the nation toward sound rural development and industrialization, and the establishment of owner cultivatorship of economic-size farms as the basis of Philippine agriculture ■ Land-to-the-tiller remains the core doctrine in the implementation of the CARP. (Farmers and regular farmworkers who directly own and collectively till the land have the right to own it). ■ Land has a social function and landownership has a social responsibility. (Owners of agricultural land have the obligation to cultivate directly or through labor administration the lands they own and make them productive). ■ A meaningful agrarian reform can only be achieved through simultaneous industrialization. ■ In just and equitable distribution of the ownership of the land to farmers and regular farmworkers, the following must be considered: a. The rights of landowners for just compensation and retention right; b. The developmental and ecological needs of the nation; and c. The equity consideration of other farmworkers to receive a just share of the fruits of the land. ■ The right of farmers, farmworkers and landowners as well as cooperatives and other independent farmers’ organization to participate in the planning, organization and management of the program must be recognized. ■ Support to agriculture through appropriate technology and research and adequate financial, production, marketing and other support services must be provided. ■ Incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization, employment and privatization of public sector enterprises must also be provided. ■ The right of small landowners must be respected, and incentive for voluntary land-sharing must be provided to them. ■ As far as practicable, the implementation of the CARP must be community-based. ■ The rights of rural women to own and control land, to receive a just share of the fruits, and to be represented in advisory or appropriate decision-making bodies must be recognized and enforced. ■ By way of incentives, the formation and maintenance of economic family-size farms to constitute by individual beneficiaries and small landowners must be encouraged. ■ In land conversion, the rights of the tillers and the issue of national food security must be taken into account. ■ The rights of subsistence fishermen to the preferential use of communal marine and fishing resources, both inland and offshore must be protected. II EXTENSION AND REFORMS ON THE THREE (3) MAJOR CARP THRUSTS A. ON LAND TENURE IMPROVEMENT (LTI)
1. Section 3 on Scope
Landholdings of landowners with a total area of 5 hectares and below shall not be covered for land acquisition and distribution to qualified beneficiaries. 2. Section 4 on Exception to Retention Limits
Private agricultural lands subject to expropriation by LGUs for public purposes are not subject to the 5-hectare retention limit of RA 6657. 3. Section 5 on Priorities:
■ DAR in coordination with PARC shall plan and program the final 5-year acquisition and distribution of all remaining unacquired and undistributed agricultural lands from July 1, 2009 to June 30, 2014. ■ On voluntary land transfer mode, only those submitted by June 30, 2009 shall be allowed ■ After June 30, 2009, the mode of land acquisition shall be limited to voluntary offer to sell (VOS) and compulsory acquisition (CA). ■ All previously acquired lands wherein valuation is subject to challenge by landowners shall be completed and finally resolved ■ Only farmers (tenants or lessees) and regular farmworkers actually tilling the lands, as certified under oath by the BARC and attested under oath by the landowners are the...