Chapter I – PRELIMINARY Chapter
•1 Title. – This Act shall be known as the Comprehensive Agrarian Reform Law of 1988. •2. Declaration of Principles and Policies. – It is the policy of the State to prosecute a Comprehensive Agrarian Reform Program ( CARP ) . The public assistance of the landless husbandmans and farm workers will have the highest consideration to advance societal justness and to travel the state towards sound rural development and industrialisation. and the constitution of proprietor agriculturist ship of economic-sized farms as the footing of Philippine agribusiness. •3. Definitions – For the intent of this Act. unless the context indicates otherwise: Agrarian Reform means the redistribution of lands. regardless of harvests or fruits produced. to husbandmans and regular farm workers who are landless. irrespective of tenurial agreement. to include the entirety of factors and support services designed to raise the economic position of the donees and all other agreements alternate to the physical redistribution of lands. such as production or profit-sharing. labour disposal. and the distribution of portions of stock which will let donees to have a merely portion of the fruits of the lands they work.
Chapter II – COVERAGE
•4. Scope. – The Comprehensive Agrarian Reform Law of 1988 shall cover. regardless of tenurial agreement and trade good produced. all public and private agricultural lands as provided in Proclamation No. 131 and Executive Order No. 229. including other lands of the public sphere suited for agribusiness. •5. Agenda of Implementation. – The distribution of all lands covered by this Act shall be implemented instantly and completed within 10s ( 10 ) old ages from the efficaciously thereof. •6. Retention Limits. – Except as otherwise provided in this Act. no individual may have or retain. straight. any public or private agricultural land. the size of which shall change harmonizing to factors regulating a feasible family-sized farm. such as trade good produced. terrain. substructure. and soil birthrate as determined by the Presidential Agrarian Reform Council ( PARC ) created hereunder. but in no instance shall the keeping by the landholder exceed five ( 5 ) hectares •7. Precedences. – The DAR. in coordination with the PARC shall be after and plan the acquisition and distribution of all agricultural lands through a period of 10 ( 10 ) old ages from the efficaciously of this Act.
•8. Multinational Corporations. – All lands of the public sphere leased. held or possessed by transnational corporations or associations. and other lands owned by the authorities or government-owned or controlled corporations. associations. establishments or entities. devoted to bing and operational agriculture or agro-industrial endeavors. operated by transnational corporations and associations. shall be programmed for acquisition and distribution instantly upon the effectiveness of this Act. with the execution to be completed within three ( 3 ) old ages.
•9. Ancestral Lands. – For intents of this Act. hereditary lands of each autochthonal cultural community shall include. but non be limited to. lands in the existent. uninterrupted and unfastened ownership and business of the community and its members: Provided. That the Torrens System shall be respected. •10. Exemptions and Exclusions. – Lands really. straight and entirely used for Parkss. wildlife. forest militias. re-afforestation. fish sanctuaries and engendering evidences. water partings and Rhizophora mangles shall be exempt from the coverage of this Act. •11. Commercial Farming. – Commercial farms which are private agricultural lands devoted to salt beds. fruit farms. groves. vegetable and cut-flower farms. and chocolate tree. java and rubber plantations. shall be capable to immediate mandatory acquisition and distribution after 10 ( 10 ) old ages from the effectiveness of this Act. In the instance of new farms. the ten-year period shall get down from the first twelvemonth of commercial production and operation. as determined by the DAR.
Chapter III – IMPROVEMENT OF TENURIAL AND LABOR RELATIONS
•12. Determination of Lease Rentals. – In order to protect and better the tenurial and economic position of the husbandmans in occupied lands under the keeping bound and lands non yet acquired under this Act. the DAR is mandated to find and repair instantly the rental leases thereof in conformity with Section 34 of R. A. No. 3844 as amended: Provided. That the DAR shall instantly and sporadically reexamine and set the rental construction for different harvests. including rice and maize. of different parts in order to better increasingly the conditions of the husbandman. renter or leaseholder. •13. Production-Sharing Plan. – Any endeavor following the strategy provided for in Section 32 or runing under a production venture. rental. direction contract or other similar agreement and any farm covered by Sections 8 and 11 hereof is herewith mandated to put to death within 90 ( 90 ) yearss from the effectiveness of this Act. a production-sharing program under guidelines prescribed by the appropriate authorities bureau.
Chapter IV -REGISTRATION
•14. Registration of Landowners. – Within one hundred 80 ( 180 ) yearss from the effectiveness of this Act. natural or juridical. including authorities entities. that ain or claim to have agricultural lands. whether in their names or in the name of others. except those who have already registered pursuant to Executive Order No. 229. who shall be entitled to such inducements as may be provided for by PARC. shall register a pledged statement in the proper assessors office in the signifier to be prescribed by the DAR
Chapter V – LAND ACQUISITION
•16. Procedure for Acquisition of Private Lands. – For intents of acquisition of private lands
Chapter VI – COMPENSATION
•17. Determination of Just Compensation. – In finding merely compensation. the cost of acquisition of the land. the current value of like belongingss. its nature. existent usage and income. the pledged rating by the proprietor. the revenue enhancement declarations. and the appraisal made by authorities assessors. shall be considered. The societal and economic benefits contributed by the husbandmans and the farmworkers and by authorities to the belongings every bit good as the non-payment of revenue enhancements or loans secured from any authorities financing establishment on the said land shall be considered as extra factors to find its rating. •18. Evaluation and Mode of Compensation. – The LBP shall counterbalance the landholder in such sum as may be agreed upon by the landholder and the DAR and LBP or as may be eventually determined by the tribunal as merely compensation for the land. •19. Incentives for Voluntary Offers for Sale. – Landowners other than Bankss and other fiscal establishments who voluntarily offer their lands for sale shall be entitled to an extra five per centum ( 5 % ) hard currency payment. •20. Voluntary Land Transfer.
– Landowners of agricultural lands capable to acquisition under this Act may come in into a voluntary agreement for direct transportation of their lands to measure up donees subject to the undermentioned guidelines •21. Payment of Compensation by Beneficiaries Under Voluntary Land Transfer. – Direct payment in hard currency or in sort may be made by the farmer-beneficiary to the landholder under footings to be reciprocally agreed upon by both parties. which shall be adhering upon them. upon enrollment with and blessing by the DAR. •22. Qualified Beneficiaries. – The lands covered by the CARP shall be distributed every bit much as possible to landless occupants of the same barangay. or in the absence thereof. landless occupants of the same municipality in the undermentioned order of precedence •23. Distribution Limit. – No qualified donee may have more than three ( 3 ) hectares of agricultural land. •Award to Beneficiaries. – The rights and duties of the beneficiary shall get down from the clip the DAR makes an award of the land to him. which award shall be completed within one hundred 80 ( 180 ) yearss from the clip the DAR takes existent ownership of the land •25. Award Ceilings for Beneficiaries.
– Beneficiaries shall be awarded an country non transcending three ( 3 ) hectares. which may cover a immediate piece of land of land or several packages of land cumulated up to the prescribed award bounds. •26. Payment by Beneficiaries. – Lands awarded pursuant to this Act shall be paid for by the donees to the LBP in 30 ( 30 ) one-year amortisations at six per centum ( 6 % ) involvement per annum. •27. Transferability of Awarded Lands. – Lands acquired by donees under this Act may non be sold. transferred or conveyed except through familial sequence. or to the authorities. or to the LBP. or to other qualified donees for a period of 10 ( 10 ) old ages: Provided. nevertheless. That the kids or the partner of the transferor shall hold a right to buy back the land from the authorities or LBP within a period of two old ages. •28Standing Crops at the Time of Acquisition. – The landholder shall retain his portion of any standing harvests unharvested at the clip the DAR shall take ownership of the land under Section 16 of this Act. and shall be given a sensible clip to reap the same.
Chapter VIII – CORPORATE FARMS
•29. Farms Owned or Operated by Corporations or Other Business Associations. – In the instance of farms owned or operated by corporations or other concern associations. the undermentioned regulations shall be observed by the PARC. •30. Homelots and Farmlots for Members of Cooperatives. – The single members of the co-ops or corporations mentioned in the preceding subdivision shall be provided with homelots and little farmlots for their household usage. to be taken from the land owned by the co-op or corporation. •31. Corporate Landowners. – Corporate landholders may voluntarily reassign ownership over their agricultural landholdings to the Republic of the Philippines pursuant to Section 20 hereof or to qualified donees. under such footings and conditions consistent with this Act. as they may hold upon. capable to verification by the DAR. •33. Payment of Shares of Cooperative or Association. – Shares of a co-op or association acquired by farmers-beneficiaries or workers-beneficiaries shall be to the full paid for in an sum matching to the rating as determined in the instantly succeeding subdivision. The landholder and the LBP shall help the farmer-beneficiaries and worker-beneficiaries in the payment for said portions by supplying recognition funding.
•34. Evaluation of Lands. – A rating strategy for the land shall be formulated by the PARC. taking into history the factors enumerated in Section 17. in add-on to the demand to excite the growing of co-ops and the aim of furthering responsible engagement of the workers-beneficiaries in the creative activity of wealth.
Chapter IX – SUPPORT SERVICES
•35. Creation of Support Services Office. – There is herewith created the Office of Support Service •37. Support Services to the Beneficiaries. – The PARC shall guarantee that support services to farmer-beneficiaries are provided •38. Support Services to Landowners. – The PARC. with the aid of such other authorities bureaus and instrumentalities as it may direct. shall supply landholders affected by the CARP and proper agricultural reform plans with the undermentioned services
Chapter X – SPECIAL AREAS OF CONCERN
•40. Particular Areas of Concern. – As an built-in portion of the Comprehensive Agrarian Reform Program. the undermentioned rules in these particular countries of concern shall be observed
Chapter XI – PROGRAM IMPLEMENTATION
•41. The Presidential Agrarian Reform Council. – The Presidential Agrarian Reform Council ( PARC ) shall be composed of the President of the Philippines as Chairman. the Secretary of Agrarian Reform as Vice-Chairman and the undermentioned as members: Secretaries of the Departments of Agriculture ; Environment and Natural Resources ; Budget and Management ; Local Government ; Public Works and Highways ; Trade and Industry ; Finance ; Labor and Employment ; Director-General of the National Economic and Development Authority ; President. Land Bank of the Philippines ; Administrator. National Irrigation Administration ; and three ( 3 ) representatives of affected landholders to stand for Luzon. Visayas and Mindanao: Provided. that one of them shall be from the cultural communities.
•42. Executive Committee. – There shall be an Executive Committee ( EXCOM ) of the PARC composed of the Secretary of the DAR as Chairman. and such other members as the president may denominate. taking into history Article XIII. Section 5 of the Constitution. Unless otherwise directed by the PARC. the EXCOM may run into and make up one’s mind on any and all affairs in between meetings of the PARC: Provided. nevertheless. That its determinations must be reported to the PARC instantly and non subsequently than the following meeting. •43. Secretariat. – A PARC Secretariat is herewith established to supply general support and coordinating services such as inter-agency linkages ; plan and undertaking assessment and rating and general operations monitoring for the PARC.
•44. Provincial Agrarian Reform Coordinating Committee ( PARCCOM ) . – A Provincial Agrarian Reform Coordinating Committee is herewith created in each state. composed of a Chairman. who shall be appointed by the President upon the recommendation of the EXCOM. the Provincial Agrarian Reform Officer as Executive Officer. and one representative each from the Department of Agriculture. Department of Environment and Natural Resources and from the LBP ; one representative each from bing farmers’ organisations. agricultural co-ops and non-governmental organisations in the state ; two representatives from landholders at least one of whom shall be a manufacturer stand foring the chief harvest of the state ; and two representatives from husbandmans and farm workers or donees. at least one of whom shall be a husbandman or farmworker stand foring the chief harvest of the state. as members: Provided. That in countries where there are cultural communities. the latter shall similarly hold one ( 1 ) representative.
•45 Province-by-Province Implementation. – The PARC shall supply the guidelines for the province-by-province execution of the CARP. taking into history distinctive features and demands of each topographic point. sort of harvests needed or suited. land distribution work load. beneficiaries’ development activities and other factors prevalent or obtaining in the country. In all instances. the implementing bureaus at the provincial degree shall advance the development of identified ARCs without pretermiting the demands and jobs of other donees. The ten-year plan of distribution of public and private land in each state shall be adjusted from twelvemonth to twelvemonth by the province’s PARCCOM in conformity with the degree of operations antecedently established by the PARC. in every instance guaranting that support services are available or have been programmed before existent distribution is effected.
•46 Barangay Agrarian Reform Committee ( BARC ) . – Unless otherwise provided in this Act. the commissariats of Executive Order No. 229 sing the organisation of the Barangay Agrarian Reform Committee ( BARC ) shall be in consequence. •47. Functions of the BARC. – In add-on to those provided in Executive Order No. 229. the BARC shall hold the undermentioned map •48. Legal Assistance. – The BARC or any member thereof may. whenever necessary in the exercising of any of its maps hereunder. seek the legal aid of the DAR and the provincial. metropolis. or municipal authorities. •49. Rules and Regulations. – The PARC and the DAR shall hold the power to publish regulations and ordinances. whether substantial or procedural. to transport out the objects and intents of this Act. Said regulations shall take consequence 10 ( 10 ) yearss after publication in two ( 2 ) national newspapers of general circulation.
Chapter XII – ADMINISTRATIVE ADJUDICATION
•50. Quasi-Judicial Powers of the DAR. – The DAR is herewith vested with primary legal power to find and judge agricultural reform affairs and shall hold sole original legal power over all affairs affecting the execution of agricultural reform. except those falling under the sole legal power of the Department of Agricultural ( DA ) and the Department of Environment and Natural Resources ( DENR ) .
•51. Finality of Determination. – Any instance or contention before it shall be decided within 30 ( 30 ) yearss after it is submitted for declaration. Merely one ( 1 ) gesture for consideration shall be allowed. Any order. opinion or determination shall be concluding after the oversight of 15 ( 15 ) yearss from reception of a transcript thereof. •52. Frivolous Appeals. – To deter frivolous or laggard entreaties from the determinations or orders on the local or provincial degrees. the DAR may enforce sensible punishments. including but non limited to. mulcts or animadversions upon mistaking parties.
•53. Certification of BARC. – The DAR shall non take awareness of any agricultural difference or contention unless a enfranchisement from the BARC that the difference has been submitted to it for mediation and conciliation without any success of colony is presented: Provided. nevertheless. that if no enfranchisement is issued by the BARC within 30 ( 30 ) yearss after a affair or issue is submitted to it for mediation or conciliation. the instance or difference may be brought before the PARC.
Chapter XIII – JUDICIAL REVIEW
•54. Certiorari. – Any determination. order. award or opinion of the DAR on any agricultural difference or on any affair pertaining to the application. execution. enforcement. or reading of this Act and other pertinent Torahs on agricultural reform may be brought to the Court of Appeals by certiorari except as otherwise provided in this Act within 15 ( 15 ) yearss from reception of a transcript thereof. •55. No Restraining Order or Preliminary Injunction. – No tribunal in the Philippines shall hold legal power to publish any keeping order or writ of preliminary injunction against PARC or any of its duly authorized or designated bureaus in any instance. difference or contention originating from. necessary to. or in connexion with the application. execution. enforcement. or reading of this Act and other pertinent Torahs on agricultural reform. •56. Particular Agrarian Court. – The supreme Court shall denominate at least one ( 1 ) subdivision of the Regional Trial Court ( RTC ) within each state to move as a Particular Agrarian Court.
•57. Particular Jurisdiction – The Particular Agrarian Courts shall hold original and sole legal power over all requests for the finding of merely compensation to landholders. and the prosecution of all condemnable discourtesies under this Act. The Rules of Court shall use to all proceedings before the Particular Agrarian Courts unless modified by this Act. •58. Appointment of Commissioners. – The Particular Agrarian Courts. upon their ain enterprise or at the case of any of the parties. may name one or more commissioners to analyze. investigate and ascertain facts relevant to the difference. including the rating of belongingss. and to register a written study thereof with the tribunal. •59. Orders of the Particular Agrarian Courts.
– No order of the Particular Agrarian Courts on any issue. inquiry. affair or incident raised before them shall be elevated to the appellate tribunals until the hearing shall hold been terminated and the instance decided on the virtues. •60. Entreaties. – An entreaty may be taken from the determination of the Particular Agrarian Courts by registering a request for reappraisal with the Court of Appeals 15 ( 15 ) yearss from reception of notice of the determination ; otherwise. the determination shall go concluding. •61. Procedure on Review. – Review by the Court of Appeals or the Supreme Court. as the instance may be. shall be governed by the Rules of Court. The Court of Appeals. nevertheless. may necessitate the parties to register coincident memorandums within a period of 15 ( 15 ) yearss from notice. after which the instance is deemed submitted for determination. •62. Discriminatory Attention in Courts. – All tribunals in the Philippines. both test and appellate. are herewith enjoined to give discriminatory attending to all instances originating from or in connexion with the execution of the commissariats of this Act.
Chapter XIV – Financing
•63. Funding Source. – The initial sum needed to implement this Act for the period of 10 ( 10 ) old ages upon blessing hereof shall be funded from the Agrarian Reform Fund created under Sections 20 and 21 of Executive Order No. 229. Extra sums are herewith authorized to be appropriated as and when needed to augment the Agrarian Reform Fund in order to to the full implement the commissariats of this Act.
Chapter XV – GENERAL PROVISIONS
•65. Conversion of Lands- After the oversight of five ( 5 ) old ages from its award. when the land ceases to be economically executable and sound for agricultural intents. or the vicinity has become urbanised and the land will hold greater economic value for residential. commercial or industrial intents. the DAR. upon application of the donee or the landholder. with due notice to the affected parties. and capable to bing Torahs. may authorise the reclassification or transition of the land and its temperament: Provided. That the beneficiary shall hold to the full paid his duty. •66. Exemptions from Taxes and Fees of Land Transfers. – Transactions under this Act affecting a transportation of ownership. whether form natural or juridical individuals. shall be exempted form revenue enhancements originating from capital additions. •67. Free Registration of Patents and Titles. – All Registers of Deeds are herewith directed to register. free from payment of all fees and other charges. patents. rubrics and paperss required for the execution of the CARP.
•68. Immunity of Government Agencies from Undue Interference. – No injunction. keeping order. prohibition or mandamus shall be issued by the lower tribunals against the Departments of Agrarian Reform ( DAR ) . Department of Agriculture ( DA ) . the Department of Environment and Natural Resources ( DENR ) . and the Department of Justice ( DOJ ) in their execution of the Program. •69. Aid of Other Government Entities. – The PARC. in the exercising of its maps. is hereby authorized to name upon the aid and support of other authorities bureaus. agency and offices. including government-owned and controlled corporations. •70. Disposition of Private Agricultural Lands. – The sale or temperament of agricultural lands retained by a landholder as a effect of Section 6 hereof shall be valid every bit long as the entire landholdings that shall be owned by the transferee thereof inclusive of the land to be acquired shall non transcend the landholdings ceilings provided for in this Act. Any sale or temperament of agricultural lands after the effectiveness of this Act found to be contrary to the commissariats hereof shall be void and nothingness.
Transferees of agricultural lands shall supply the appropriate Register of Deeds and the BARC with an affidavit certifying that his entire landholdings as a consequence of the said acquisition do non transcend the landholding ceiling. The Register of Deeds shall non register the transportation of any agricultural land without the entry of this pledged statement together with cogent evidence of service of a transcript thereof to the BARC. •71. Bank Mortgages. – Banks and other fiscal establishments allowed by jurisprudence to keep mortgage rights or security involvements in agricultural lands to procure loans and other duties of borrowers. may get rubric to these mortgaged belongingss. regardless of country. capable to bing Torahs on compulsory transportation of foreclosed assets and acquisition as prescribed under Section 16 of this Act. •72 Leases. Management. Grower or Services Contracts. Mortgages and Other Claims. – Lands covered by this Act under rental. direction. agriculturist or service contracts •73. Exception.
– The commissariats of Section 73. paragraph ( vitamin E ) to the contrary notwithstanding. the sale and/or transportation of agricultural land in instances where such sale. transportation or conveyance is made necessary as a consequence of a bank’s foreclosure of the mortgaged land is herewith permitted. ( As added by R. A. 7881 ) •74Penalties. – Any individual who knowingly or wilfully violates the commissariats of this Act shall be punished by imprisonment of non less than one ( 1 ) month to non more than three ( 3 ) old ages or a mulct of non less than one 1000 pesos ( P1. 000. 00 ) and non more than 15 thousand pesos ( P15. 000. 00 ) . or both. at the discretion of the tribunal. If the wrongdoer is a corporation or association. the officer responsible therefor shall be reprehensively apt •75. Suppletory Application of Existing Legislation.
– The commissariats of Republic Act Number 3844. as amended. Presidential Decree Numbers 27 and 266 as amended. Executive Order Numbers 228 and 229. both Series of 1987. and other Torahs non inconsistent with this Act shall hold suppletory consequence. •76. Revoking Clause. – Section 35 of Republic Act Number 3844. Presidential Decree Number 316. the last two paragraphs of Section 12 of Presidential Decree Number 1038. and all other Torahs. edicts. executive orders. regulations and ordinances. issues or parts thereof inconsistent with this Act are herewith repealed or amended consequently. •77. Separability Clause. – If. for any ground. any subdivision or proviso of this Act is declared void and null. no other subdivision. proviso or portion thereof shall be affected and the same shall stay in full force and consequence •78. Effectivity Clause. – This Act Shall take consequence instantly after publication in at least two ( 2 ) national newspapers of general circulation.