Overview on CARP

Implementation
Usec. Luis Meinrado C. Pagulayan
LAND IS INDISPENSABLE
TO HUMAN EXISTENCE
 CONSTITUTIONAL LIMITATION

The Congress shall give highest priority to the enactment of

measures that protect and enhance the right of all people to
human dignity, reduce social, economic and political
inequalities and to remove cultural inequities by equitably
diffusing wealth and political power for the common good.

To this end, the State shall regulate the acquisition,

ownership, use and disposition of property and its
increments.
 GENERAL STATUTORY LIMITATION

Felisa Ferrer vs. Carganillo, et al.

(GR No. 170956 12 May 2010)

The use, enjoyment, occupation or disposition of

private property is not absolute. It is predicated on
the social functions of property. It is restricted in a
sense so as to bring maximum benefits to all and not
to a few chosen individuals.
 SPECIFIC STATUTORY LIMITATIONS

REPUBLIC ACT 6657, as amended, otherwise known

as the Comprehensive Agrarian Reform Law,
regulates the ownership, disposition and use of
agricultural lands.
 AGRICULTURAL LAND

Land devoted to agricultural activity

Land not classified as mineral, forest,

residential, commercial or industrial land.
 AGRICULTURAL ACTIVITY

1. Cultivation of the soil

2. Planting of crops
3. Growing of fruit trees
4. Raising of livestock, poultry or fish
5. Harvesting of farm products
6. Other farm activities and practices performed by a
farmer in conjunction with such farming operations
done by person whether natural or juridical
 AGRICULTURAL LANDS ARE SUBJECT TO
AGRARIAN REFORM

Landowner can only own a maximum area of five (5) hectares

Landholdings beyond the ownership ceiling is subject to acquisition by the
State
Acquisition is subject to just compensation
Lands acquired by the State are distributed to qualified farmer-beneficiaries
(FBs)
Qualified FBs pay amortization for 30 years subject to 6% interest (per
annum)
Qualified FBs are prohibited to transfer ownership of the awarded lands
within ten years from registration of CLOA or EP
FBs must cultivate and make the land productive
 AGRARIAN REFORM PROGRAM

The redistribution of public and private agricultural lands.

Undertaken by the State.

In favor of farmers and farmworkers who are landless.
Irrespective of tenurial arrangement.
Regardless of crops produced.
 AGRARIAN REFORM PROGRAM COMPONENTS

Land Tenure Improvement (LTI)

Hastens distribution of lands to landless farmers.

Support Services.
Delivery of structures and facilities as well as assistance and support
programs for the farmers.

Agrarian Justice Delivery.

Adjudication of cases as well as the rendition of legal assistance
through representation service.
ICOVERAGE STATUS (1972-2016)

4,724,719 HECTARES

2,790,644 FBs
 INSTANCES WHEN AGRICULTURAL LANDS
ARE TAKEN OUT OF AGRARIAN REFORM

Exclusion
Exemption
Conversion
 CONCEPT OF EXCLUSION

The act or process of excluding lands from coverage of

agrarian reform program solely because said lands are
devoted to livestock and poultry.

In Luz Farms v. Secretary of DAR, the Court ruled that

lands devoted to livestock and poultry-raising are not
included in the definition of agricultural land.
G.R. No. 86889 : December 4, 1990
 CONCEPT OF EXEMPTION

Private lands actually, directly and exclusively used

for prawn farms and fishponds shall be exempt from
the coverage of CARP (RA 7881).

Reclassification of Agricultural lands to residential,

commercial and industrial use before 15 June 1988
(DOJ Opinion No. 44 s. 1990)
 CONCEPT OF CONVERSION

The act or process of changing the current

physical use of a piece of agricultural land to non-
agricultural purpose/s, such as residential,
commercial, and/or industrial.
PRESIDENTIAL DIRECTIVE ON THE
IMPOSITION OF MORATORIUM ON
CONVERSION APPLICATIONS
THE 35th PRESIDENTIAL AGRARIAN
REFORM COUNCIL
DAR DTI 6 PSR LO
DA DOF 6 PSR FB
DENR DOLE
DBM NEDA
LBP
DILG
NIA
DPWH LRA
 CURRENT PRIORITIES FOR ACTION REGARDING
CONVERSION OF AGRICULTURAL LANDS

Formulation of National Land use Policy

Passage of Genuine Agrarian Reform Law
Review of current status of CARP
implementation in the entire country
Review all existing conversion, exemption
and exclusion orders.
 RATIONALE OF MORATORIUM
Prevent conversion of Prime Agricultural lands.
Ensure food productivity.
Give DAR opportune time to conduct nationwide
assessment of all converted agricultural lands.
Safeguard the milestone achievements of the CARP in
the country.
Discourage ARBs from selling their lands.
 LEGAL BASIS OF THE MORATORIUM

QUASI-LEGISLATIVE POWERS OF
PARC & DAR
(Sec. 49, RA 6657, As Amended)
 LEGAL BASIS OF THE MORATORIUM
CREBA vs. DAR (G.R. No. 183409 June 18, 2010)

The issuance and enforcement of the Secretary of Agrarian

Reform of DAR AO 1 s. 2002, as amended and
Memorandum No. 88 were done in the exercise of his
quasi-legislative and administrative functions and not of
judicial or quasi-judicial functions. XXX
The issuance of said Memorandum 88 was made pursuant
to the general welfare of the public, thus, it cannot be
argued that it was made without any basis.
SCOPE OF THE PROPOSED MORATORIUM

The moratorium applies only to Applications for

Conversion filed upon effectivity of the Executive
Order.

The Moratorium does not apply to applications for

conversion which have already been filed before the
effectivity of the Executive Order provided that the
filing fees, inspection costs, and bonds are paid.
Social Justice is neither communism, nor
despotism, nor atomism, nor anarchy, but the
humanization of laws and the equalization of
social and economic forces by the State so that
justice in its rationale and objectively secular
conception may at least be approximated.

Justice Jose Laurel

Calalang vs. Williams
GR No. 47800.
December 2 1940
MARAMING SALAMAT!