2
AGRARIAN SUPERNOTES: LAND ACQUISITION – the transfer of private and public lands to farmer beneficiaries LANDS NOT COVERED BY LAND ACQUISITION: Retention Rights, Exemptions and Exclusions LAND VALUATION – the process of determining the just compensation for the land owners, the modes of payment and the review/appeal process in case the value is deemed too low. LAND REDISTRIBUTION – the awarding of lands to qualified beneficiaries once the property has been “expropriated’ by the government, the payment by the beneficiaries to the government and the subsequent sale or transfer of the distributed land to third parties after distribution. LAND TENURE IMPROVEMENT – LTI – the improvement of the tenurial and socio-economic status of the farmers short of transferring full ownership of the land. CONVERSION – The actual change of the land use from agricultural, to residential, industrial or commercial, of lands which could have potentially been covered under the CARP. Quasi Judicial Powers of the DAR (Agrarian Justice) – the mechanisms to determine the status of the land, entitlements of beneficiaries, and other agrarian matters and disputes which may require mediation, conciliation, determination or adjudication. This topic includes actions by the DAR, the DAR Adjudication Board and the RTC acting as a Special Agrarian Court. 1. What is CARP? What is CARPER? CARP stands for the Comprehensive Agrarian Reform Program, a government initiative that aims to grant landless farmers and farmworkers ownership of agricultural lands. It was signed into law by President Corazon C. Aquino on June 10, 1988, and was scheduled to have been completed in 1998. On the year of its deadline, Congress enacted a law (Republic Act No. 8532) appropriating additional funds for the program and extending the automatic appropriation of ill-

Agrarian Supernotes

Embed Size (px)

DESCRIPTION

AGRA

Citation preview

AGRARIAN SUPERNOTES:

LAND ACQUISITION the transfer of private and public lands to farmer beneficiaries

LANDS NOT COVERED BY LAND ACQUISITION: Retention Rights, Exemptions and Exclusions

LAND VALUATION the process of determining the just compensation for the land owners, the modes of payment and the review/appeal process in case the value is deemed too low.

LAND REDISTRIBUTION the awarding of lands to qualified beneficiaries once the property has been expropriated by the government, the payment by the beneficiaries to the government and the subsequent sale or transfer of the distributed land to third parties after distribution.

LAND TENURE IMPROVEMENT LTI the improvement of the tenurial and socio-economic status of the farmers short of transferring full ownership of the land.

CONVERSION The actual change of the land use from agricultural, to residential, industrial or commercial, of lands which could have potentially been covered under the CARP.

Quasi Judicial Powers of the DAR (Agrarian Justice) the mechanisms to determine the status of the land, entitlements of beneficiaries, and other agrarian matters and disputes which may require mediation, conciliation, determination or adjudication. This topic includes actions by the DAR, the DAR Adjudication Board and the RTC acting as a Special Agrarian Court.

1. What is CARP? What is CARPER?

CARP stands for the Comprehensive Agrarian Reform Program, a government initiative that aims to grant landless farmers and farmworkers ownership of agricultural lands. It was signed into law by President Corazon C. Aquino on June 10, 1988, and was scheduled to have been completed in 1998. On the year of its deadline, Congress enacted a law (Republic Act No. 8532) appropriating additional funds for the program and extending the automatic appropriation of ill-gotten wealth recovered by the Presidential Commission on Good Governance (PCGG) for CARP until 2008.

CARPER, or the Comprehensive Agrarian Reform Program Extension with Reforms, is the amendatory law that extends yet again the deadline of distributing agricultural lands to farmers for five years. It also amends other provisions stated in CARP. CARPER was signed into law on August 7, 2009.

2. Who are the beneficiaries of CARP?

Landless farmers, including agricultural lessees, tenants, as well as regular, seasonal and other farmworkers. The Department of Agrarian Reform (DAR) identifies and screens potential beneficiaries and validates their qualifications. For example, to qualify, you must be at least 15 years old, be a resident of the barangay where the land holding is located, and own no more than 3 hectares of agricultural land.