Comprehensive Agrarian Reform Law (CARL)
Proclamation No. 131 stress the need for a comprehensive, realistic and effective agrarian reform program, wherein the time the act was implemented was experiencing crisis. This act is implemented for the benefit of the welfare of the landless farmers and farmworkers for a more equitable distribution and ownership of land, with full consideration of the rights of the land owners. The aim of this act also includes the promotion of social justice among farmers/farmworkers and landowners and the innovation of the country’s farming techniques, which can help improve the production. The act also covers the education and orientation of the farmers on ways to further improve their harvests. The CARL also reiterates redevelopment of the Philippine agriculture to be the economic priority of the state.
The protection of labour is one of the primary reasons why this act was implemented. It guarantees the rights of the workers to self-organization, collective bargaining and negotiations and peaceful activities, including the right to strike in accordance with the law. It also promotes the principle of shared responsibility between the workers and the employers. With the help of this act the relation between the farmers/farmworkers and the employers shall strengthen and with that misunderstandings about the fruits of production shall lessen.
The following are the important features of the CARL:
Chapter II – Coverage
Even though chapter II only tackles about the act’s coverage I still consider it as an important feature of CARL. It is a chapter wherein you can understand the scope and limitations of the said act. It specifies the lands, priorities, exemptions, and exclusions that the act covers. It is also said in chapter II that a land owned must not exceed five (5) hectares. This chapter enumerates the limitations that this law has no jurisdiction on.
This chapter also states the possible lands in which the government may consider distributing to the landless farmers. It also indicates the way of acquiring such lands. It very much defines the whole coverage of the act wherein we can know such limitations of the acquisition of the farmers of lands.
Chapter IV – Registration
In order to distribute the lands properly the government should first know all those persons who own agricultural lands and those farmers who are qualified beneficiaries of the CARL. In this chapter, all persons, natural or juridical including government entities, that own or claim to own agricultural lands, whether in their names or in the name of others, except those who have already registered pursuant to Executive Order No. 229 shall file a sworn statement that he/she own such property.
The government must identify all possible agricultural lands that can be acquired by all agricultural lessees, tenants and farmworkers. Thus, this chapter shall entitle all persons who own and those farmers who are qualified to register to be one of the CARL. It is also stated in this the required data needed when registering their selves for CARL.
Chapter VI – Compensation
Landowners should be compensated upon agreement with the government to acquire his/her property in accordance with the agreed amount between the landowner and the DAR and the LBP. In determining just compensation, the cost of acquisition of the land, the current value of the like properties, its nature, actual use and income, the sworn valuation by the owner, the tax declarations, and the assessment made by government assessors shall be considered. There are four (4) modes of payment of the compensation subject to the owner’s choice. First is cash payment which is hereby subject to some terms and conditions. Second is shares of stock in government-owned or controlled corporations, LBP preferred shares, physical assets or other qualified investments in accordance with guidelines set by the PARL. Next is tax credit which...