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CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION and to the development of society, so far not fully recognized, the

fully recognized, the social


AGAINST WOMEN significance of maternity and the role of both parents in the family and in the
upbringing of children, and aware that the role of women in procreation
The States Parties to the present Convention, should not be a basis for discrimination but that the upbringing of children
Noting that the Charter of the United Nations reaffirms faith in fundamental requires a sharing of responsibility between men and women and society as
human rights, in the dignity and worth of the human person and in the equal a whole,
rights of men and women,
Aware that a change in the traditional role of men as well as the role of
Noting that the Universal Declaration of Human Rights affirms the principle women in society and in the family is needed to achieve full equality
of the inadmissibility of discrimination and proclaims that all human beings between men and women,
are born free and equal in dignity and rights and that everyone is entitled to
all the rights and freedoms set forth therein, without distinction of any kind,
Determined to implement the principles set forth in the Declaration on the
including distinction based on sex,
Elimination of Discrimination against Women and, for that purpose, to adopt
the measures required for the elimination of such discrimination in all its
Noting that the States Parties to the International Covenants on Human forms and manifestations,
Rights have the obligation to ensure the equal rights of men and women to
enjoy all economic, social, cultural, civil and political rights,
Have agreed on the following:

Considering the international conventions concluded under the auspices of


ORDINANCE- really a law
the United Nations and the specialized agencies promoting equality of rights
of men and women,
RESOLUTION only expressing sentiments
Noting also the resolutions, declarations and recommendations adopted by
the United Nations and the specialized agencies promoting equality of rights PART I
of men and women,
Article I
Concerned, however, that despite these various instruments extensive
discrimination against women continues to exist, For the purposes of the present Convention, the term "discrimination
against women" shall mean any distinction, exclusion or restriction made on
Recalling that discrimination against women violates the principles of the basis of sex which has the effect or purpose of impairing or nullifying the
equality of rights and respect for human dignity, is an obstacle to the recognition, enjoyment or exercise by women, irrespective of their marital
participation of women, on equal terms with men, in the political, social, status, on a basis of equality of men and women, of human rights and
economic and cultural life of their countries, hampers the growth of the fundamental freedoms in the political, economic, social, cultural, civil or any
prosperity of society and the family and makes more difficult the full other field.
development of the potentialities of women in the service of their countries Article 2
and of humanity, States Parties condemn discrimination against women in all its forms, agree
to pursue by all appropriate means and without delay a policy of eliminating
Concerned that in situations of poverty women have the least access to food, discrimination against women and, to this end, undertake:
health, education, training and opportunities for employment and other (a) To embody the principle of the equality of men and women in their
needs, national constitutions or other appropriate legislation if not yet incorporated
therein and to ensure, through law and other appropriate means, the
practical realization of this principle;
Convinced that the establishment of the new international economic order
based on equity and justice will contribute significantly towards the
promotion of equality between men and women, (b) To adopt appropriate legislative and other measures, including sanctions
where appropriate, prohibiting all discrimination against women;
Emphasizing that the eradication of apartheid, all forms of racism, racial
discrimination, colonialism, neo-colonialism, aggression, foreign occupation (c) To establish legal protection of the rights of women on an equal basis
and domination and interference in the internal affairs of States is essential with men and to ensure through competent national tribunals and other
to the full enjoyment of the rights of men and women, public institutions the effective protection of women against any act of
discrimination;
Affirming that the strengthening of international peace and security, the
relaxation of international tension, mutual co-operation among all States (d) To refrain from engaging in any act or practice of discrimination against
irrespective of their social and economic systems, general and complete women and to ensure that public authorities and institutions shall act in
disarmament, in particular nuclear disarmament under strict and effective conformity with this obligation;
international control, the affirmation of the principles of justice, equality and
mutual benefit in relations among countries and the realization of the right (e) To take all appropriate measures to eliminate discrimination against
of peoples under alien and colonial domination and foreign occupation to women by any person, organization or enterprise;
self-determination and independence, as well as respect for national
sovereignty and territorial integrity, will promote social progress and
development and as a consequence will contribute to the attainment of full (f) To take all appropriate measures, including legislation, to modify or
equality between men and women, abolish existing laws, regulations, customs and practices which constitute
discrimination against women;
Convinced that the full and complete development of a country, the welfare
of the world and the cause of peace require the maximum participation of (g) To repeal all national penal provisions which constitute discrimination
women on equal terms with men in all fields, against women. PROSTITUTION; ANTI RAPE LAW

Bearing in mind the great contribution of women to the welfare of the family Article 3
States Parties shall take in all fields, in particular in the political, social,
economic and cultural fields, all appropriate measures, including legislation, nationality of their children.
to en sure the full development and advancement of women , for the
purpose of guaranteeing them the exercise and enjoyment of human rights
PART III
and fundamental freedoms on a basis of equality with men.

Article 4 Article 10
1. Adoption by States Parties of temporary special measures aimed at
accelerating de facto equality between men and women shall not be States Parties shall take all appropriate measures to eliminate discrimination
considered discrimination as defined in the present Convention, but shall in against women in order to ensure to them equal rights with men in the field
no way entail as a consequence the maintenance of unequal or separate of education and in particular to ensure, on a basis of equality of men and
standards; these measures shall be discontinued when the objectives of women:
equality of opportunity and treatment have been achieved. (a) The same conditions for career and vocational guidance, for access to
studies and for the achievement of diplomas in educational establishments
2. Adoption by States Parties of special measures, including those measures of all categories in rural as well as in urban areas; this equality shall be
contained in the present Convention, aimed at protecting maternity shall not ensured in pre-school, general, technical, professional and higher technical
be considered discriminatory. education, as well as in all types of vocational training;

Article 5 (b) Access to the same curricula, the same examinations, teaching staff with
States Parties shall take all appropriate measures: qualifications of the same standard and school premises and equipment of
(a) To modify the social and cultural patterns of conduct of men and women, the same quality;
with a view to achieving the elimination of prejudices and customary and all
other practices which are based on the idea of the inferiority or the (c) The elimination of any stereotyped concept of the roles of men and
superiority of either of the sexes or on stereotyped roles for men and women at all levels and in all forms of education by encouraging coeducation
women; - what is advocated is the respect of both sexes. and other types of education which will help to achieve this aim and, in
particular, by the revision of textbooks and school programmes and the
(b) To ensure that family education includes a proper understanding of adaptation of teaching methods;
maternity as a social function and the recognition of the common
responsibility of men and women in the upbringing and development of their (d ) The same opportunities to benefit from scholarships and other study
children, it being understood that the interest of the children is the grants;
primordial consideration in all cases.

(e) The same opportunities for access to programmes of continuing


Article 6 education, including adult and functional literacy programmes, particulary
States Parties shall take all appropriate measures, including legislation, to those aimed at reducing, at the earliest possible time, any gap in education
suppress all forms of traffic in women and exploitation of prostitution of existing between men and women;
women.
PART II
(f) The reduction of female student drop-out rates and the organization of
programmes for girls and women who have left school prematurely;
Article 7

(g) The same Opportunities to participate actively in sports and physical


States Parties shall take all appropriate measures to eliminate discrimination education;
against women in the political and public life of the country and, in
particular, shall ensure to women, on equal terms with men, the right:
(h) Access to specific educational information to help to ensure the health
and well-being of families, including information and advice on family
(a) To vote in all elections and public referenda and to be eligible for election planning.
to all publicly elected bodies;

Article 11
(b) To participate in the formulation of government policy and the 1. States Parties shall take all appropriate measures to eliminate
implementation thereof and to hold public office and perform all public discrimination against women in the field of employment in order to ensure,
functions at all levels of government; on a basis of equality of men and women, the same rights, in particular:
(a) The right to work as an inalienable right of all human beings;
(c) To participate in non-governmental organizations and associations
concerned with the public and political life of the country. (b) The right to the same employment opportunities, including the
application of the same criteria for selection in matters of employment;
Article 8
States Parties shall take all appropriate measures to ensure to women, on (c) The right to free choice of profession and employment, the right to
equal terms with men and without any discrimination, the opportunity to promotion, job security and all benefits and conditions of service and the
represent their Governments at the international level and to participate in right to receive vocational training and retraining, including apprenticeships,
the work of international organizations. advanced vocational training and recurrent training;

Article 9
1. States Parties shall grant women equal rights with men to acquire, change (d) The right to equal remuneration, including benefits, and to equal
or retain their nationality. They shall ensure in particular that neither treatment in respect of work of equal value, as well as equality of treatment
marriage to an alien nor change of nationality by the husband during in the evaluation of the quality of work;
marriage shall automatically change the nationality of the wife, render her
stateless or force upon her the nationality of the husband. (e) The right to social security, particularly in cases of retirement,
unemployment, sickness, invalidity and old age and other incapacity to work,
2. States Parties shall grant women equal rights with men with respect to the as well as the right to paid leave;
(f) The right to protection of health and to safety in working conditions, (c) To benefit directly from social security programmes;
including the safeguarding of the function of reproduction.
(d) To obtain all types of training and education, formal and non-formal,
2. In order to prevent discrimination against women on the grounds of including that relating to functional literacy, as well as, inter alia, the benefit
marriage or maternity and to ensure their effective right to work, States of all community and extension services, in order to increase their technical
Parties shall take appropriate measures: proficiency;
(a) To prohibit, subject to the imposition of sanctions, dismissal on the
grounds of pregnancy or of maternity leave and discrimination in dismissals
(e) To organize self-help groups and co-operatives in order to obtain equal
on the basis of marital status;
access to economic opportunities through employment or self employment;

(b) To introduce maternity leave with pay or with comparable social benefits
(f) To participate in all community activities;
without loss of former employment, seniority or social allowances;

(g) To have access to agricultural credit and loans, marketing facilities,


(c) To encourage the provision of the necessary supporting social services to
appropriate technology and equal treatment in land and agrarian reform as
enable parents to combine family obligations with work responsibilities and
well as in land resettlement schemes;
participation in public life, in particular through promoting the establishment
and development of a network of child-care facilities;
(h) To enjoy adequate living conditions, particularly in relation to housing,
sanitation, electricity and water supply, transport and communications.
(d) To provide special protection to women during pregnancy in types of
work proved to be harmful to them.
PART IV
3. Protective legislation relating to matters covered in this article shall be
reviewed periodically in the light of scientific and technological knowledge Article 15
and shall be revised, repealed or extended as necessary.
Article 12 1. States Parties shall accord to women equality with men before the law.
1. States Parties shall take all appropriate measures to eliminate
discrimination against women in the field of health care in order to ensure, 2. States Parties shall accord to women, in civil matters, a legal capacity
on a basis of equality of men and women, access to health care services, identical to that of men and the same opportunities to exercise that capacity.
including those related to family planning. In particular, they shall give women equal rights to conclude contracts and to
administer property and shall treat them equally in all stages of procedure in
2. Notwithstanding the provisions of paragraph I of this article, States Parties courts and tribunals.
shall ensure to women appropriate services in connection with pregnancy,
confinement and the post-natal period, granting free services where 3. States Parties agree that all contracts and all other private instruments of
necessary, as well as adequate nutrition during pregnancy and lactation. any kind with a legal effect which is directed at restricting the legal capacity
of women shall be deemed null and void.
Article 13
States Parties shall take all appropriate measures to eliminate discrimination 4. States Parties shall accord to men and women the same rights with regard
against women in other areas of economic and social life in order to ensure, to the law relating to the movement of persons and the freedom to choose
on a basis of equality of men and women, the same rights, in particular: their residence and domicile.
(a) The right to family benefits;

Article 16
(b) The right to bank loans, mortgages and other forms of financial credit; 1. States Parties shall take all appropriate measures to eliminate
discrimination against women in all matters relating to marriage and family
(c) The right to participate in recreational activities, sports and all aspects of relations and in particular shall ensure, on a basis of equality of men and
cultural life. women:
(a) The same right to enter into marriage;

Article 14
1. States Parties shall take into account the particular problems faced by (b) The same right freely to choose a spouse and to enter into marriage only
rural women and the significant roles which rural women play in the with their free and full consent;
economic survival of their families, including their work in the non-monetized
sectors of the economy, and shall take all appropriate measures to ensure (c) The same rights and responsibilities during marriage and at its dissolution;
the application of the provisions of the present Convention to women in
rural areas.
(d) The same rights and responsibilities as parents, irrespective of their
marital status, in matters relating to their children; in all cases the interests
2. States Parties shall take all appropriate measures to eliminate of the children shall be paramount;
discrimination against women in rural areas in order to ensure, on a basis of
equality of men and women, that they participate in and benefit from rural
development and, in particular, shall ensure to such women the right: (e) The same rights to decide freely and responsibly on the number and
spacing of their children and to have access to the information, education
and means to enable them to exercise these rights;
(a) To participate in the elaboration and implementation of development
planning at all levels;
(f) The same rights and responsibilities with regard to guardianship,
wardship, trusteeship and adoption of children, or similar institutions where
(b) To have access to adequate health care facilities, including information, these concepts exist in national legislation; in all cases the interests of the
counselling and services in family planning; children shall be paramount;

(g) The same personal rights as husband and wife, including the right to
choose a family name, a profession and an occupation; of the Committee's responsibilities.

(h) The same rights for both spouses in respect of the ownership, acquisition, 9. The Secretary-General of the United Nations shall provide the necessary
management, administration, enjoyment and disposition of property, staff and facilities for the effective performance of the functions of the
whether free of charge or for a valuable consideration. Committee under the present Convention.

2. The betrothal and the marriage of a child shall have no legal effect, and all Article 18
necessary action, including legislation, shall be taken to specify a minimum 1. States Parties undertake to submit to the Secretary-General of the United
age for marriage and to make the registration of marriages in an official Nations, for consideration by the Committee, a report on the legislative,
registry compulsory. judicial, administrative or other measures which they have adopted to give
effect to the provisions of the present Convention and on the progress made
PART V
in this respect:
(a) Within one year after the entry into force for the State concerned;
Article 17
(b) Thereafter at least every four years and further whenever the Committee
1. For the purpose of considering the progress made in the implementation so requests.
of the present Convention, there shall be established a Committee on the
Elimination of Discrimination against Women (hereinafter referred to as the
2. Reports may indicate factors and difficulties affecting the degree of
Committee) consisting, at the time of entry into force of the Convention, of
fulfilment of obligations under the present Convention.
eighteen and, after ratification of or accession to the Convention by the
thirty-fifth State Party, of twenty-three experts of high moral standing and Article 19
competence in the field covered by the Convention. The experts shall be 1. The Committee shall adopt its own rules of procedure.
elected by States Parties from among their nationals and shall serve in their
personal capacity, consideration being given to equitable geographical
2. The Committee shall elect its officers for a term of two years.
distribution and to the representation of the different forms of civilization as
well as the principal legal systems.
Article 20
1. The Committee shall normally meet for a period of not more than two
2. The members of the Committee shall be elected by secret ballot from a list
weeks annually in order to consider the reports submitted in accordance
of persons nominated by States Parties. Each State Party may nominate one
with article 18 of the present Convention.
person from among its own nationals.

2. The meetings of the Committee shall normally be held at United Nations


3. The initial election shall be held six months after the date of the entry into
Headquarters or at any other convenient place as determined by the
force of the present Convention. At least three months before the date of
Committee. (amendment, status of ratification)
each election the Secretary-General of the United Nations shall address a
letter to the States Parties inviting them to submit their nominations within
two months. The Secretary-General shall prepare a list in alphabetical order Article 21
of all persons thus nominated, indicating the States Parties which have 1. The Committee shall, through the Economic and Social Council, report
nominated them, and shall submit it to the States Parties. annually to the General Assembly of the United Nations on its activities and
may make suggestions and general recommendations based on the
examination of reports and information received from the States Parties.
4. Elections of the members of the Committee shall be held at a meeting of
Such suggestions and general recommendations shall be included in the
States Parties convened by the Secretary-General at United Nations
report of the Committee together with comments, if any, from States Parties.
Headquarters. At that meeting, for which two thirds of the States Parties
shall constitute a quorum, the persons elected to the Committee shall be
those nominees who obtain the largest number of votes and an absolute 2. The Secretary-General of the United Nations shall transmit the reports of
majority of the votes of the representatives of States Parties present and the Committee to the Commission on the Status of Women for its
voting. information.

5. The members of the Committee shall be elected for a term of four years. Article 22
However, the terms of nine of the members elected at the first election shall The specialized agencies shall be entitled to be represented at the
expire at the end of two years; immediately after the first election the names consideration of the implementation of such provisions of the present
of these nine members shall be chosen by lot by the Chairman of the Convention as fall within the scope of their activities. The Committee may
Committee. invite the specialized agencies to submit reports on the implementation of
the Convention in areas falling within the scope of their activities.
PART VI
6. The election of the five additional members of the Committee shall be held
in accordance with the provisions of paragraphs 2, 3 and 4 of this article,
following the thirty-fifth ratification or accession. The terms of two of the Article 23
additional members elected on this occasion shall expire at the end of two
years, the names of these two members having been chosen by lot by the Nothing in the present Convention shall affect any provisions that are more
Chairman of the Committee. conducive to the achievement of equality between men and women which
may be contained:
7. For the filling of casual vacancies, the State Party whose expert has ceased (a) In the legislation of a State Party; or
to function as a member of the Committee shall appoint another expert from
among its nationals, subject to the approval of the Committee. (b) In any other international convention, treaty or agreement in force for
that State.
8. The members of the Committee shall, with the approval of the General
Assembly, receive emoluments from United Nations resources on such terms Article 24
and conditions as the Assembly may decide, having regard to the importance States Parties undertake to adopt all necessary measures at the national
level aimed at achieving the full realization of the rights recognized in the
present Convention. The present Convention, the Arabic, Chinese, English, French, Russian and
Spanish texts of which are equally authentic, shall be deposited with the
Article 25 Secretary-General of the United Nations.
1. The present Convention shall be open for signature by all States.
IN WITNESS WHEREOF the undersigned, duly authorized, have signed the
2. The Secretary-General of the United Nations is designated as the present Convention.
depositary of the present Convention.
REPUBLIC ACT NO. 6657
3. The present Convention is subject to ratification. Instruments of (June 10, 1988)
ratification shall be deposited with the Secretary-General of the United
Nations. AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN REFORM PROGRAM
TO PROMOTE SOCIAL JUSTICE AND INDUSTRIALIZATION, PROVIDING THE
4. The present Convention shall be open to accession by all States. Accession MECHANISM FOR ITS IMPLEMENTATION, AND FOR OTHER PURPOSES
shall be effected by the deposit of an instrument of accession with the
Secretary-General of the United Nations.

Article 26 CHAPTER I
1. A request for the revision of the present Convention may be made at any Preliminary Chapter
time by any State Party by means of a notification in writing addressed to the
Secretary-General of the United Nations. SECTION 1. Title. This Act shall be known as the Comprehensive Agrarian
Reform Law of 1988.
2. The General Assembly of the United Nations shall decide upon the steps, if
any, to be taken in respect of such a request. SECTION 2. Declaration of Principles and Policies. It is the policy of the
State to pursue a Comprehensive Agrarian Reform Program (CARP).
Article 27 The welfare of the landless farmers and farmworkers will receive the
1. The present Convention shall enter into force on the thirtieth day after the highest consideration to promote social justice and to move the nation
date of deposit with the Secretary-General of the United Nations of the toward sound rural development and industrialization, and the
twentieth instrument of ratification or accession. establishment of owner cultivatorship of economic-size farms as the basis of
Philippine agriculture.
2. For each State ratifying the present Convention or acceding to it after the
deposit of the twentieth instrument of ratification or accession, the To this end, a more equitable distribution and ownership of land, with
Convention shall enter into force on the thirtieth day after the date of the due regard to the rights of landowners to just compensation and to the
deposit of its own instrument of ratification or accession.
ecological needs of the nation, shall be undertaken to provide farmers and
farmworkers with the opportunity to enhance their dignity and improve the
Article 28 quality of their lives through greater productivity of agricultural lands.
1. The Secretary-General of the United Nations shall receive and circulate to
all States the text of reservations made by States at the time of ratification or
The agrarian reform program is founded on the right of farmers and
accession.
regular farmworkers, who are landless, to own directly or collectively the
lands they till or, in the case of other farm workers, to receive a just share of
2. A reservation incompatible with the object and purpose of the present
the fruits thereof. To this end, the State shall encourage and undertake the
Convention shall not be permitted.
just distribution of all agricultural lands, subject to the priorities and
retention limits set forth in this Act, having taken into account ecological,
3. Reservations may be withdrawn at any time by notification to this effect
developmental, and equity considerations, and subject to the payment of
addressed to the Secretary-General of the United Nations, who shall then
inform all States thereof. Such notification shall take effect on the date on just compensation. The State shall respect the right of small landowners, and
which it is received. shall provide incentives for voluntary land-sharing.

The State shall recognize the right of farmers, farmworkers and landowners,
Article 29
1. Any dispute between two or more States Parties concerning the as well as cooperatives and other independent farmers' organizations, to
interpretation or application of the present Convention which is not settled participate in the planning, organization, and management of the program,
by negotiation shall, at the request of one of them, be submitted to and shall provide support to agriculture through appropriate technology and
arbitration. If within six months from the date of the request for arbitration research, and adequate financial production, marketing and other support
the parties are unable to agree on the organization of the arbitration, any services.
one of those parties may refer the dispute to the International Court of
Justice by request in conformity with the Statute of the Court. The State shall apply the principles of agrarian reform, or
stewardship, whenever applicable, in accordance with law, in the disposition
2. Each State Party may at the time of signature or ratification of the present or utilization of other natural resources, including lands of the public domain,
Convention or accession thereto declare that it does not consider itself under lease or concession, suitable to agriculture, subject to prior rights,
bound by paragraph I of this article. The other States Parties shall not be
homestead rights of small settlers and the rights of indigenous communities
bound by that paragraph with respect to any State Party which has made
such a reservation. to their ancestral lands.

The State may resettle landless farmers and farmworkers in its own
3. Any State Party which has made a reservation in accordance with
agricultural estates, which shall be distributed to them in the manner
paragraph 2 of this article may at any time withdraw that reservation by
notification to the Secretary-General of the United Nations. provided by law. By means of appropriate incentives, the State shall
encourage the formation and maintenance of economic-size family farms to
be constituted by individual beneficiaries and small landowners. The State
Article 30
shall protect the rights of subsistence fishermen, especially of include land which has become unproductive by reason of force majeure or
local communities, to the preferential use of communal marine and fishing any other fortuitous event, provided that prior to such event, such land was
resources, both inland and offshore. It shall provide support to such previously used for agricultural or other economic purpose.
fishermen through appropriate technology and research, adequate financial,
production and marketing assistance and other services. The State shall also (f) Farmer refers to a natural person whose primary livelihood is
protect, develop and conserve such resources. The protection shall extend to cultivation of land or the production of agricultural crops, either by himself,
offshore fishing grounds of subsistence fishermen against foreign intrusion. or primarily with the assistance of his immediate farm household, whether
Fishworkers shall receive a just share from their labor in the utilization of the land is owned by him, or by another person under a leasehold or share
marine and fishing resources. tenancy agreement or arrangement with the owner thereof.

The State shall be guided by the principles that land has a social function (g) Farmworker is a natural person who renders service for value as
and land ownership has a social responsibility. Owners of agricultural lands an employee or laborer in an agricultural enterprise or farm regardless of
have the obligation to cultivate directly or through labor administration the whether his compensation is paid on a daily, weekly, monthly or "pakyaw"
lands they own and thereby make the land productive. basis. The term includes an individual whose work has ceased as a
consequence of, or in connection with, a pending agrarian dispute and who
The State shall provide incentives to landowners to invest the proceeds of has not obtained a substantially equivalent and regular farm employment.
the agrarian reform program to promote industrialization, employment and
privatization of public sector enterprises. Financial instruments used as (h) Regular Farmworker is a natural person who is employed on a permanent
payment for lands shall contain features that shall enhance negotiability and basis by an agricultural enterprise or farm.
acceptability in the marketplace. The State may lease undeveloped lands of
the public domain to qualified entities for the development of capital- (i) Seasonal Farmworker is a natural person who is employed on a recurrent,
intensive farms, and traditional and pioneering crops especially those for periodic or intermittent basis by an agricultural enterprise or farm, whether
exports subject to the prior rights of the beneficiaries under this Act. as a permanent or a non-permanent laborer, such as "dumaan", "sacada",
and the like.
SECTION 3. Definitions. For the purpose of this Act, unless the context
indicates otherwise: (j) Other Farmworker is a farmworker who does not fall under paragraphs

(a) Agrarian Reform means redistribution of lands, regardless of crops (g), (h) and (i).
or fruits produced, to farmers and regular farmworkers who are
(k) Cooperatives shall refer to organizations composed primarily of
landless, irrespective of tenurial arrangement, to include the totality of
small agricultural producers, farmers, farmworkers, or other agrarian
factors and support services designed to lift the economic status of the
reform beneficiaries who voluntarily organize themselves for the purpose of
beneficiaries and all other arrangements alternative to the physical
pooling land, human, technological, financial or other economic resources,
redistribution of lands, such as production or profit-sharing, labor
and operated on the principle of one member, one vote. A juridical person
administration, and the distribution of shares of stocks, which will allow
may be a member of a cooperative, with the same rights and duties as a
beneficiaries to receive a just share of the fruits of the lands they work.
natural person.
(b) Agriculture, Agricultural Enterprise or Agricultural Activity means
CHAPTER II
the cultivation of the soil, planting of crops, growing of fruit trees, raising
Coverage
of livestock, poultry or fish, including the harvesting of such farm products,
and other farm activities and practices performed by a farmer in conjunction SECTION 4. Scope. The Comprehensive Agrarian Reform Law of 1989 shall
with such farming operations done by person whether natural or juridical. cover, regardless of tenurial arrangement and commodity produced,
all public and private agricultural lands, as provided in Proclamation No. 131
(c) Agricultural Land refers to land devoted to agricultural activity as defined
and Executive Order No. 229, including other lands of the public domain
in this Act and not classified as mineral, forest, residential, commercial or
suitable for agriculture.
industrial land.
More specifically the following lands are covered by the
(d) Agrarian Dispute refers to any controversy relating to
Comprehensive Agrarian Reform Program:
tenurial arrangements, whether leasehold, tenancy, stewardship or
otherwise, over lands devoted to agriculture, including disputes concerning (a) All alienable and disposable lands of the public domain devoted to
farmworkers' associations or representation of persons in negotiating, fixing, or suitable for agriculture. No reclassification of forest or mineral lands
maintaining, changing, or seeking to arrange terms or conditions of such to agricultural lands shall be undertaken after the approval of this Act
tenurial arrangements. until Congress, taking into account ecological, developmental and
equity considerations, shall have determined by law, the specific limits of the
It includes any controversy relating to compensation of lands acquired
public domain.
under this Act and other terms and conditions of transfer of ownership
from landowners to farmworkers, tenants and other agrarian reform (b) All lands of the public domain in excess of the specific limits
beneficiaries, whether the disputants stand in the proximate relation of farm as determined by Congress in the preceding paragraph;
operator and beneficiary, landowner and tenant, or lessor and lessee.
(c) All other lands owned by the Government devoted to or suitable
(e) Idle or Abandoned Land refers to any agricultural land not
for agriculture; and
cultivated, tilled or developed to produce any crop nor devoted to any
specific economic purpose continuously for a period of three (3) years (d) All private lands devoted to or suitable for agriculture regardless of
immediately prior to the receipt of notice of acquisition by the government the agricultural products raised or that can be raised thereon.
as provided under this Act, but does not include land that has become
permanently or regularly devoted to non-agricultural purposes. It does not
SECTION 5. Schedule of Implementation. The distribution of all lands private agricultural lands in excess of fifty (50) hectares, insofar as the excess
covered by this Act shall be implemented immediately and completed hectarage is concerned, to implement principally the rights of farmers and
within ten (10) years from the effectivity thereof. regular farmworkers, who are the landless, to own directly or collectively the
lands they till, which shall be distributed immediately upon the effectivity of
SECTION 6. Retention Limits. Except as otherwise provided in this Act, no this Act, with the implementation to be completed within a period of not
person may own or retain, directly or indirectly, any public or more than four (4) years.
private agricultural land, the size of which shall vary according to factors
governing a viable family-size farm, such as commodity produced, terrain, Phase Three: All other private agricultural lands commencing with
infrastructure, and soil fertility as determined by the Presidential Agrarian large landholdings and proceeding to medium and small landholdings under
Reform Council (PARC) created hereunder, but in no case shall retention by the following schedule:
the landowner exceed five (5) hectares.
(a) Landholdings above twenty-four (24) hectares up to fifty (50) hectares, to
Three (3) hectares may be awarded to each child of the landowner, subject begin on the fourth (4th) year from the effectivity of this Act and to be
to the following qualifications: (1) that he is at least fifteen (15) years of age; completed within three (3) years; and
and (2) that he is actually tilling the land or directly managing the farm:
Provided, That landowners whose lands have been covered by Presidential (b) Landholdings from the retention limit up to twenty-four (24) hectares, to
Decree No. 27 shall be allowed to keep the areas originally retained by them begin on the sixth (6th) year from the effectivity of this Act and to be
thereunder: Provided, further, That original homestead grantees or their completed within four (4) years; to implement principally the right of farmers
direct compulsory heirs who still own the original homestead at the time of and regular farmworkers who are landless, to own directly or collectively the
the approval of this Act shall retain the same areas as long as they continue lands they till.
to cultivate said homestead.
The schedule of acquisition and redistribution of all agricultural lands
The right to choose the area to be retained, which shall be compact covered by this program shall be made in accordance with the above order of
or contiguous, shall pertain to the landowner: Provided, however, That in priority, which shall be provided in the implementing rules to be prepared by
case the area selected for retention by the landowner is tenanted, the tenant the Presidential Agrarian Reform Council (PARC), taking into consideration
shall have the option to choose whether to remain therein or be a the following; the need to distribute land to the tillers at the earliest
beneficiary in the same or another agricultural land with similar or practicable time; the need to enhance agricultural productivity; and the
comparable features. In case the tenant chooses to remain in the retained availability of funds and resources to implement and support the program.
area, he shall be considered a leaseholder and shall lose his right to be a
beneficiary under this Act. In case the tenant chooses to be a beneficiary in In any case, the PARC, upon recommendation by the Provincial
another agricultural land, he loses his right as a leaseholder to the land Agrarian Reform Coordinating Committee (PARCCOM), may declare certain
retained by the landowner. The tenant must exercise this option within a provinces or region as priority land reform areas, in which the acquisition and
period of one (1) year from the time the landowner manifests his choice of distribution of private agricultural lands therein may be implemented ahead
the area for retention. In all cases, the security of tenure of the farmers or of the above schedules. In effecting the transfer within these guidelines,
farmworkers on the land prior to the approval of this Act shall be respected. priority must be given to lands that are tenanted.

Upon the effectivity of this Act, any sale, disposition, lease, The PARC shall establish guidelines to implement the above priorities
management, contract or transfer of possession of private lands executed by and distribution scheme, including the determination of who are qualified
the original landowner in violation of the Act shall be null and void: Provided, beneficiaries: Provided, That an owner-tiller may be a beneficiary of the land
however, That those executed prior to this Act shall be valid only when he does not own but is actually cultivating to the extent of the difference
registered with the Register of Deeds within a period of three (3) months between the area of the land he owns and the award ceiling of three (3)
after the effectivity of this Act. Thereafter, all Registers of Deeds shall inform hectares.
the Department of Agrarian Reform (DAR) within thirty (30) days of any
SECTION 8. Multinational Corporations. All lands of the public domain
transaction involving agricultural lands in excess of five (5) hectares.
leased, held or possessed by multinational corporations or associations,
SECTION 7. Priorities. The Department of Agrarian Reform (DAR) in and other lands owned by the government or by government-owned or
coordination with the Presidential Agrarian Reform Council (PARC) shall plan controlled corporations, associations, institutions, or entities, devoted to
and program the acquisition and distribution of all agricultural lands through existing and operational agri-business or agro-industrial enterprises,
a period of ten (10) years from the effectivity of this Act. Lands shall be operated by multinational corporations and associations, shall be
acquired and distributed as follows: programmed for acquisition and distribution immediately upon the
effectivity of this Act, with the implementation to be completed within
Phase One: Rice and corn lands under Presidential Decree No. 27; all idle three (3) years.
or abandoned lands; all private lands voluntarily offered by the owners for
agrarian reform; all lands foreclosed by the government financial Lands covered by the paragraph immediately preceding, under
institutions; all lands acquired by the Presidential Commission on Good lease, management, grower or service contracts, and the like, shall be
Government (PCGG); and all other lands owned by the government devoted disposed of as follows:
to or suitable for agriculture, which shall be acquired and distributed
(a) Lease, management, grower or service contracts covering such lands
immediately upon the effectivity of this Act, with the implementation to be
covering an aggregate area in excess of 1,000 hectares, leased or held by
completed within a period of not more than four (4) years;
foreign individuals in excess of 500 hectares are deemed amended to
Phase Two: All alienable and disposable public agricultural lands; all conform with the limits set forth in Section 3 of Article XII of the Constitution.
arable public agricultural lands under agro-forest, pasture and
(b) Contracts covering areas not in excess of 1,000 hectares in the case
agricultural leases already cultivated and planted to crops in accordance
of such corporations and associations, and 500 hectares, in the case of
with Section 6, Article XIII of the Constitution; all public agricultural lands
such individuals, shall be allowed to continue under their original terms and
which are to be opened for new development and resettlement; and all
conditions but not beyond August 29, 1992, or their valid Any provision of law to the contrary notwithstanding, the PARC may
termination, whichever comes sooner, after which, such agreements shall suspend the implementation of this Act with respect to ancestral lands for
continue only when confirmed by the appropriate government agency. Such the purpose of identifying and delineating such lands: Provided, That in the
contracts shall likewise continue even after the lands has been transferred to autonomous regions, the respective legislatures may enact their own laws on
beneficiaries or awardees thereof, which transfer shall be immediately ancestral domain subject to the provisions of the Constitution and the
commenced and implemented and completed within the period of three (3) principles enunciated in this Act and other national laws.
years mentioned in the first paragraph hereof.
SECTION 10. Exemptions and Exclusions. Lands actually, directly and
(c) In no case will such leases and other agreements now being exclusively used and found to be necessary for parks, wildlife, forest
implemented extend beyond August 29, 1992, when all lands subject hereof reserves, reforestation, fish sanctuaries and breeding grounds, watersheds,
shall have been distributed completely to qualified beneficiaries or and mangroves, national defense, school sites and campuses including
awardees. Such agreements can continue thereafter only under a new experimental farm stations operated by public or private schools for
contract between the government or qualified beneficiaries or awardees, on educational purposes, seeds and seedlings research and pilot production
the one hand, and said enterprises, on the other. Lands leased, held or centers, church sites and convents appurtenant thereto, mosque sites and
possessed by multinational corporations, owned by private individuals and Islamic centers appurtenant thereto, communal burial grounds
private non-governmental corporations, associations, institutions and and cemeteries, penal colonies and penal farms actually worked by the
entities, citizens of the Philippines, shall be subject to immediate compulsory inmates, government and private research and quarantine centers and all
acquisition and distribution upon the expiration of the applicable lands with eighteen percent (18%) slope and over, except those already
lease, management, grower or service contract in effect as of August 29, developed shall be exempt from the coverage of the Act.
1987, or otherwise, upon its valid termination, whichever comes sooner, but
not later than after ten (10) years following the effectivity of the Act. SECTION 11. Commercial Farming. Commercial farms, which are private
However during the said period of effectivity, the government shall take agricultural lands devoted to commercial livestock, poultry and swine
steps to acquire these lands for immediate distribution thereafter. raising, and aquaculture including saltbeds, fishponds and prawn ponds, fruit
farms, orchards, vegetable and cut-flower farms, and cacao, coffee and
In general, lands shall be distributed directly to the individual rubber plantations, shall be subject to immediate compulsory acquisition and
workerbeneficiaries. In case it is not economically feasible and sound to distribution after (10) years from the effectivity of the Act. In the case of new
divide the land, then they shall form a workers' cooperative or association farms, the ten-year period shall begin from
which will deal with the corporation or business association or any other the first year of commercial production and operation, as determined by the
proper party for the purpose of entering into a lease or growers agreement DAR. During the ten-year period, the government shall initiate the steps
and for all other legitimate purposes. Until a new agreement is entered into necessary to
by and between the workers' cooperative or association and the corporation acquire these lands, upon payment of just compensation for the land and
or business association or any other proper party, any agreement existing at the improvements thereon, preferably in favor of organized cooperatives or
the time this Act takes effect between the former and the previous associations,
landowner shall be respected by both the workers' cooperative or which shall hereafter manage the said lands for the worker-beneficiaries. If
association and the corporation, business, association or such other proper the DAR determines that the purposes for which this deferment is granted no
party. In no case shall the implementation or application of this Act justify or longer exist, such areas shall automatically be subject to redistribution. The
result in the reduction of status or diminution of any benefits received or provisions of Section 32 of the Act, with regard to production-and
enjoyed by the worker-beneficiaries, or in which they may have a vested incomesharing,
right, at the time this Act becomes effective,. shall apply to commercial farms.

The provisions of Section 32 of this Act, with regard to production CHAPTER III
and income-sharing shall apply to farms operated by multinational Improvement of Tenurial and Labor Relations
corporations. During the transition period, the new owners shall be assisted
in their efforts to learn modern technology in production. Enterprises which SECTION 12. Determination of Lease Rentals. In order to protect
show a willingness and commitment and good-faith efforts to impart and improve the tenurial and economic status of the farmers in tenanted
voluntarily such advanced technology will be given preferential treatment lands under the retention limit and lands not yet acquired under this Act, the
where feasible. DAR is mandated to determine and fix immediately the lease rentals thereof
in accordance with Section 34 of Republic Act No. 3844, as amended:
In no case shall a foreign corporation, association, entity or individual Provided, That the DAR shall immediately and periodically review and adjust
enjoy any rights or privileges better than those enjoyed by a domestic the rental structure for different crops, including rice and corn, or different
corporation, association, entity or individual. regions in order to improve progressively the conditions of the farmer,
tenant or lessee.
SECTION 9. Ancestral Lands. For purposes of this Act, ancestral lands of
each indigenous cultural community shall include, but not be limited SECTION 13. Production-Sharing Plan. Any enterprise adopting the scheme
to, lands in the actual, continuous and open possession and occupation of provided for in Section 32 or operating under a production venture,
the community and its members: Provided, That the Torrens Systems shall be lease, management contract or other similar arrangement and any farm
respected. The right of these communities to their ancestral lands shall be covered by Sections 8 and 11 hereof is hereby mandated to execute within
protected to ensure their economic, social and cultural well-being. In line ninety (90) days from the effectivity of this Act, a production-sharing plan,
with the principles of self-determination and autonomy, the systems of land under guidelines prescribed by the appropriate government agency.
ownership, land use, and the modes of settling land disputes of all these
communities must be recognized and Nothing herein shall be construed to sanction the diminution of any
respected. benefits such as salaries, bonuses, leaves and working conditions granted to
the employeebeneficiaries
under existing laws, agreements, and voluntary practice by the enterprise,
nor shall the enterprise and its employee-beneficiaries be prevented or representative shall inform the DAR of his acceptance or rejection of the
from entering into any agreement with terms more favorable to the latter. offer.

CHAPTER IV (c) If the landowner accepts the offer of the DAR, the Land Bank of
Registration the Philippines (LBP) shall pay the landowner the purchase price of the land
within thirty (30) days after he executes and delivers a deed of transfer in
SECTION 14. Registration of Landowners. Within one hundred eighty (180) favor of the government and surrenders the Certificate of Title and other
days from the effectivity of this Act, all persons, natural or juridical, including muniments of title.
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 (d) In case of rejection or failure to reply, the DAR shall conduct
registered pursuant to Executive Order No. 229, who shall be entitled to such summary administrative proceedings to determine the compensation for the
incentives as may be provided for the PARC, shall file a sworn statement in land requiring the landowner, the LBP and other interested parties to submit
the proper assessor's office in the form to be prescribed by the DAR, stating evidence as to the just compensation for the land, within fifteen (15) days
the following information: from the receipt of the notice. After the expiration of the above period, the
matter is deemed submitted for decision. The DAR shall decide the case
(a) the description and area of the property; within thirty (30) days after it is submitted for decision.
(b) the average gross income from the property for at least three (3)
years; (e) Upon receipt by the landowner of the corresponding payment or, in
(c) the names of all tenants and farmworkers therein; cda case of rejection or no response from the landowner, upon the deposit with
(d) the crops planted in the property and the area covered by each an accessible bank designated by the DAR of the compensation in cash or in
crop as of June 1, 1987; LBP bonds in accordance with this Act, the DAR shall take immediate
(e) the terms of mortgages, lease, and management contracts possession of the land and shall request the proper Register of Deeds to issue
subsisting as of June 1, 1987, and a Transfer Certificate of Title (TCT) in the name of the Republic of the
(f) the latest declared market value of the land as determined by the Philippines. The DAR shall thereafter proceed with the redistribution of the
city or provincial assessor. land to the qualified beneficiaries.

SECTION 15. Registration of Beneficiaries. The DAR in coordination with (f) Any party who disagrees with the decision may bring the matter to
the Barangay Agrarian Reform Committee (BARC) as organized in this the court of proper jurisdiction for final determination of just compensation.
Act, shall register all agricultural lessees, tenants and farmworkers who are
qualified to be beneficiaries of the CARP. These potential beneficiaries with CHAPTER VI
the assistance of the BARC and the DAR shall provide the following data: Compensation

(a) names and members of their immediate farm household; SECTION 17. Determination of Just Compensation. In determining just
compensation, the cost of acquisition of the land, the current value of the
(b) owners or administrators of the lands they work on and the length of like properties, its nature, actual use and income, the sworn valuation by the
tenurial relationship; owner, the tax declarations, and the assessment made by government
assessors shall be considered. The social and economic benefits contributed
(c) location and area of the land they work; by the farmers and the farmworkers and by the Government to the property
as well as the non-payment of taxes or loans secured from any government
(d) crops planted; and financing institution on the said land shall be considered as additional factors
to determine its valuation.
(e) their share in the harvest or amount of rental paid or wages received.
SECTION 18. Valuation and Mode of Compensation. The LBP
A copy of the registry or list of all potential CARP beneficiaries in
shall compensate the landowner in such amounts as may be agreed upon by
the barangay shall be posted in the barangay hall, school or other public
the landowner and the DAR and the LBP, in accordance with the criteria
buildings in the barangay where it shall be open to inspection by the public at
provided for in Sections 16 and 17, and other pertinent provisions hereof, or
all reasonable hours.
as may be finally determined by the court, as the just compensation for the
CHAPTER V land.
Land Acquisition
The compensation shall be paid on one of the following modes, at the option
SECTION 16. Procedure for Acquisition of Private Lands. For purposes of of the landowner:
acquisition of private lands, the following procedures shall be followed:
(1) Cash payment, under the following terms and conditions;
(a) After having identified the land, the landowners and the beneficiaries,
(a) For lands above Twenty-five percent fifty (50) hectares, insofar (25%)
the DAR shall send its notice to acquire the land to the owners thereof, by
cash, the balance to as the excess hectarage is be paid in
personal delivery or registered mail, and post the same in a conspicuous
government concerned. financial instruments negotiable at any time.
place in the municipal building and barangay hall of the place where the
property is located. Said notice shall contain the offer of the DAR to pay a (b) For lands above Thirty percent (30%) cash, twenty-four (24) hectares
corresponding value in accordance with the valuation set forth in Sections the balance to be paid in and up to fifty (50) hectares. government
17, 18, and other pertinent financial instruments negotiable at any time.
provisions hereof.
(c) For lands twenty-four Thirty-five percent (35%) (24) hectares and
(b) Within thirty (30) days from the date of receipt of written notice below. cash, the balance to be paid in government financial instruments
by personal delivery or registered mail, the landowner, his administrator negotiable at any time.
(2) Shares of stock in government-owned or controlled corporations, (b) The terms and conditions of such transfer shall not be less favorable to
LBP preferred shares, physical assets or other qualified investments in the transferee than those of the government's standing offer to purchase
accordance with guidelines set by the PARC; from the landowner and to resell to the beneficiaries, if such offers have
been made and are fully known to both parties.
(3) Tax credits which can be used against any tax liability;
(c) The voluntary agreement shall include sanctions for non-compliance by
(4) LBP bonds, which shall have the following features: either party and shall be duly recorded and its implementation monitored by
the DAR.
(a) Market interest rates aligned with 91-day treasury bill rates. Ten percent
(10%) of the face value of the bonds shall mature every year from the date of
SECTION 21. Payment of Compensation by Beneficiaries Under Voluntary
issuance until the tenth (10th) year: Provided, That should the landowner
Land Transfer. Direct payments in cash or in kind may be by the farmer-
choose to forego the cash portion, whether in full or in part, he shall be paid
beneficiary to the landowner under terms to be mutually agreed upon by
correspondingly in LBP bonds;
both parties, which shall be binding upon them, upon registration with the
(b) Transferability and negotiability. Such LBP bonds may be used by the
approval by the DAR. Said approval shall be considered given, unless notice
landowner, his successors in interest or his assigns, up to the amount of their
of disapproval is received by the farmer-beneficiary within thirty (30) days
face value, for any of the following:
from the date of registration. In the event they cannot agree on the price of
(i) Acquisition of land or other real properties of the government, including land, the procedure for compulsory acquisition as provided in Section 16
assets under the Asset Privatization Program and other assets foreclosed shall apply. The LBP shall extend financing to the beneficiaries for purposes
by government financial institutions in the same province or region where of acquiring the land.
the lands for which the bonds were paid are situated;
CHAPTER VII
(ii) Acquisition of shares of stock of governmentowned or -controlled
Land Redistribution
corporations or shares of stocks owned by the government in private
corporations; SECTION 22. Qualified Beneficiaries. The lands covered by the CARP shall
(iii) Substitution for surety or bail bonds for the provisional release of be distributed as much as possible to landless residents of the same
accused persons, or performance bonds; barangay, or in the absence thereof, landless residents of the same
municipality in the following order of priority: (a) agricultural lessees and
(iv) Security for loans with any government financial institution, provided the
share tenants; (b) regular farmworkers; (c) seasonal farmworkers; (d) other
proceeds of the loans shall be invested in an economic enterprise, preferably
farmworkers; (e) actual tillers or occupants of public lands; (f) collectives or
in a small-and medium-scale industry, in the same province or region as the
cooperatives of the above beneficiaries; and (g) others directly working on
land for which the bonds are paid;
the land. Provided, however, That the children of landowners who are
(v) Payment for various taxes and fees to government; Provided, That the use qualified under Section 6 of this Act shall be given preference in the
of these bonds for these purposes will be limited to a certain percentage of distribution of the land of their parents: and Provided, further, That actual
the outstanding balance of the financial instruments: Provided, further, That tenant-tillers in the landholdings shall not be ejected or removed therefrom.
the PARC shall determine the percentage mentioned above; Beneficiaries under Presidential Decree No. 27 who have culpably sold,
disposed of, or abandoned their land are disqualified to become
(vi) Payment for tuition fees of the immediate family of the original beneficiaries under this Program. A basic qualification of a beneficiary shall
bondholder in government universities, colleges, trade schools, and be his willingness, aptitude, and ability to cultivate and make the land as
other institutions; productive as possible. The DAR shall adopt a system of monitoring the
record or performance of each beneficiary, so that any beneficiary guilty of
(vii) Payment for fees of the immediate family of the original bondholder in negligence or misuse of the land or any support extended to him shall forfeit
government hospitals; and his right to continue as such beneficiary. The DAR shall submit periodic
reports on the performance of the beneficiaries to the PARC. If, due to the
(viii) Such other uses as the PARC may from time to time allow. landowner's retention rights or to the number of tenants, lessees, or
workers on the land, there is not enough land to accommodate any or some
In case of extraordinary inflation, the PARC shall take appropriate measures of them, they may be granted ownership of other lands available for
to protect the economy. distribution under this Act, at the option of the beneficiaries. Farmers
already in place and those not accommodated in the distribution of
SECTION 19. Incentives for Voluntary Offers for Sales. Landowners, other
privately-owned lands will be given preferential rights in the distribution of
than banks and other financial institutions, who voluntarily offer their lands
lands from the public domain.
for sale shall be entitled to an additional five percent (5%) cash payment.
SECTION 23. Distribution Limit. No qualified beneficiary may own more
SECTION 20. Voluntary Land Transfer. Landowners of agricultural lands
than three (3) hectares of agricultural land.
subject to acquisition under this Act may enter into a voluntary arrangement
for direct transfer of their lands to qualified beneficiaries subject to the SECTION 24. Award to Beneficiaries. The rights and responsibilities of the
following guidelines: beneficiary shall commence from the time the DAR makes an award of the
land to him, which award shall be completed within one hundred eighty
(180) days from the time the DAR takes actual possession of the land.
(a) All notices for voluntary land transfer must be submitted to the DAR
Ownership of the beneficiary shall be evidenced by a Certificate of Land
within the first year of the implementation of the CARP. Negotiations
Ownership Award, which shall contain the restrictions and conditions
between the landowners and qualified beneficiaries covering any voluntary
provided for in this Act, and shall be recorded in the Register of Deeds
land transfer which remain unresolved after one (1) year shall not be
concerned and annotated on the Certificate of Title.
recognized and such land shall instead be acquired by the government and
transferred pursuant to this Act.
SECTION 25. Award Ceilings for Beneficiaries. Beneficiaries shall be other business associations, the following rules shall be observed by the
awarded an area not exceeding three (3) hectares which may cover a PARC: In general, lands shall be distributed directly to the individual worker-
contiguous tract of land or several parcels of land cumulated up to the beneficiaries. In case it is not economically feasible and sound to divide the
prescribed award limits. For purposes of this Act, a landless beneficiary is land, then it shall be owned collectively by the workers' cooperative or
one who owns less than three (3) hectares of agricultural land. The association which will deal with the corporation or business association. Until
beneficiaries may opt for collective ownership, such as co-ownership or a new agreement is entered into by and between the workers' cooperative
farmers cooperative or some other form of collective organization: Provided, or association and the corporation or business association, any agreement
That the total area that may be awarded shall not exceed the total number existing at the time this Act takes effect between the former and the
of co-owners or member of the cooperative or collective organization previous landowner shall be respected by both the workers' cooperative or
multiplied by the award limit above prescribed, except in meritorious cases association and the corporation or business association.
as determined by the PARC. Title to the property shall be issued in the name
of the co-owners or the cooperative or collective organization as the case SECTION 30. Homelots and Farmlots for Members of Cooperatives. The
may be. individual members of the cooperatives or corporations mentioned in the
preceding section shall be provided with homelots and small farmlots for
SECTION 26. Payment by Beneficiaries. Lands awarded pursuant to this Act their family use, to be taken from the land owned by the cooperative or
shall be paid for by the beneficiaries to the LBP in thirty (30) annual corporation.
amortizations at six percent (6%) interest per annum. The payments for the
first three (3) years after the award may be at reduced amounts as SECTION 31. Corporate Landowners. Corporate landowners may
established by the PARC: Provided, That the first five (5) annual payments voluntarily transfer ownership over their agricultural landholdings to the
may not be more than five percent (5%) of the value of the annual gross Republic of the Philippines pursuant to Section 20 hereof or to qualified
production as established by the DAR. Should the scheduled annual beneficiaries, under such terms and conditions, consistent with this Act, as
payments after the fifth year exceed ten percent (10%) of the annual gross they may agree upon, subject to confirmation by the DAR. Upon certification
production and the failure to produce accordingly is not due to the by the DAR, corporations owning agricultural lands may give their qualified
beneficiary's fault, the LBP may reduce the interest rate or reduce the beneficiaries the right to purchase such proportion of the capital stock of the
principal obligations to make the repayment affordable. The LBP shall have corporation that the agricultural land, actually devoted to agricultural
a lien by way of mortgage on the land awarded to the beneficiary; and this activities, bears in relation to the company's total assets, under such terms
mortgage may be foreclosed by the LBP for non-payment of an aggregate of and conditions as may be agreed upon by them. In no case shall the
three (3) annual amortizations. The LBP shall advise the DAR of such compensation received by the workers at the time the shares of stocks are
proceedings and the latter shall subsequently award the forfeited distributed be reduced. The same principle shall be applied to associations,
landholdings to other qualified beneficiaries. A beneficiary whose land, as with respect to their equity or participation. Corporations or associations
provided herein, has been foreclosed shall thereafter be permanently which voluntarily divest a proportion of their capital stock, equity or
disqualified from becoming a beneficiary under this Act. cd participation in favor of their workers or other qualified beneficiaries under
this section shall be deemed to have complied with the provisions of the Act:
SECTION 27. Transferability of Awarded Lands. Lands acquired by Provided, That the following conditions are complied with: a) In order to
beneficiaries under this Act may not be sold, transferred or conveyed except safeguard the right of beneficiaries who own shares of stocks to dividends
through hereditary succession, or to the government, or the LBP, or to other and other financial benefits, the books of the corporation or association shall
qualified beneficiaries for a period of ten (10) years: Provided, however, be subject to periodic audit by certified public accountants chosen by the
That the children or the spouse of the transferor shall have a right to beneficiaries; b) Irrespective of the value of their equity in the corporation or
repurchase the land from the government or LBP within a period of two (2) association, the beneficiaries shall be assured of at least one (1)
years. Due notice of the availability of the land shall be given by the LBP to representative in the board of directors, or in a management or executive
the Barangay Agrarian Reform Committee (BARC) of the barangay where the committee, if one exists, of the corporation or association; and c) Any shares
land is situated. The Provincial Agrarian Reform Coordinating Committee acquired by such workers and beneficiaries shall have the same rights and
(PARCCOM) as herein provided, shall, in turn, be given due notice thereof by features as all other shares. d) Any transfer of shares of stocks by the original
the BARC. If the land has not yet been fully paid by the beneficiary, the rights beneficiaries shall be void ab initio unless said transaction is in favor of a
to the land may be transferred or conveyed, with prior approval of the DAR, qualified and registered beneficiary within the same corporation. If within
to any heir of the beneficiary or to any other beneficiary who, as a condition two (2) years from the approval of this Act, the land or stock transfer
for such transfer or conveyance, shall cultivate the land himself. Failing envisioned above is not made or realized or the plan for such stock
compliance herewith, the land shall be transferred to the LBP which shall distribution approved by the PARC within the same period, the agricultural
give due notice of the availability of the land in the manner specified in the land of the corporate owners or corporation shall be subject to the
immediately preceding paragraph. In the event of such transfer to the LBP, compulsory coverage of this Act. acd
the latter shall compensate the beneficiary in one lump sum for the amounts
the latter has already paid, together with the value of improvements he has SECTION 32. Production-Sharing. Pending final land transfer, individuals or
made on the land. entities owning, or operating under lease or management contract,
agricultural lands are hereby mandated to execute a production-sharing plan
SECTION 28. Standing Crops at the Time of Acquisition. The landowner with their farm workers or farmworkers' reorganization, if any, whereby
shall retain his share of any standing crops unharvested at the time the DAR three percent (3%) of the gross sales from the production of such lands are
shall take possession of the land under Section 16 of the Act, and shall be distributed within sixty (60) days of the end of the fiscal year as
given a reasonable time to harvest the same. compensation to regular and other farmworkers in such lands over and
above the compensation they currently receive: Provided, That these
CHAPTER VIII individuals or entities realize gross sales in excess of five million pesos per
Corporate Farms annum unless the DAR, upon proper application, determines a lower ceiling.
In the event that the individual or entity realizes a profit, an additional ten
SECTION 29. Farms Owned or Operated by Corporations or Other Business percent (10%) of the net profit after tax shall be distributed to said regular
Associations. In the case of farms owned or operated by corporations or and other farmworkers within ninety (90) days of the end of the fiscal year.
To forestall any disruption in the normal operation of lands to be turned over appropriations for agrarian reform shall be immediately set aside and made
to the farmworker-beneficiaries mentioned above, a transitory period, the available for this purpose. In addition, the DAR shall be authorized to
length of which shall be determined by the DAR, shall be established. During package proposals and receive grants, aid and other forms of financial
this transitory period, at least one percent (1%) of the gross sales of the assistance from any source.
entity shall be distributed to the managerial, supervisory and technical group
in place at the time of the effectivity of this Act, as compensation for such SECTION 37. Support Services to the Beneficiaries. The PARC shall ensure
transitory managerial and technical functions as it will perform, pursuant to that support services to farmers-beneficiaries are provided, such as: (a) Land
an agreement that the farmworker-beneficiaries and the managerial, surveys and titling; (b) Liberalized terms on credit facilities and production
supervisory and technical group may conclude, subject to the approval of the loans; (c) Extension services by way of planting, cropping, production and
DAR. postharvest technology transfer, as well as marketing and management
assistance and support to cooperatives and farmers' organizations; (d)
SECTION 33. Payment of Shares of Cooperative or Association. Shares of a Infrastructure such as access trails, mini-dams, public utilities, marketing and
cooperative or association acquired by farmers-beneficiaries or storage facilities; and (e) Research, production and use of organic fertilizers
workersbeneficiaries shall be fully paid for in an amount corresponding to and other local substances necessary in farming and cultivation. The PARC
the valuation as determined in the immediately succeeding section. The shall formulate policies to ensure that support services to
landowner and the LBP shall assist the farmers-beneficiaries and workers- farmerbeneficiaries shall be provided at all stages of land reform. The Bagong
beneficiaries in the payment for said shares by providing credit financing. Kilusang Kabuhayan sa Kaunlaran (BKKK) Secretariat shall be transferred and
attached to the LBP, for its supervision including all its applicable and existing
SECTION 34. Valuation of Lands. A valuation scheme for the land shall be funds, personnel, properties, equipment and records. Misuse or diversion of
formulated by the PARC, taking into account the factors enumerated in the financial and support services herein provided shall result in sanctions
Section 17, in addition to the need to stimulate the growth of cooperatives against the beneficiary guilty thereof, including the forfeiture of the land
and the objective of fostering responsible participation of the workers- transferred to him or lesser sanctions as may be provided by the PARC,
beneficiaries in the creation of wealth. In the determination of price that is without prejudice to criminal prosecution.
just not only to the individuals but to society as well, the PARC shall consult
closely with the landowner and the workersbeneficiaries. In case of SECTION 38. Support Services to Landowners. The PARC with the
disagreement, the price as determined by the PARC, if accepted by the assistance of such other government agencies and instrumentalities as it may
workers-beneficiaries, shall be followed, without prejudice to the direct, shall provide landowners affected by the CARP and prior agrarian
landowner's right to petition the Special Agrarian Court to resolve the issue reform programs with the following services: (a) Investment information
of valuation. financial and counseling assistance; (b) Facilities, programs and schemes for
the conversion or exchange of bonds issued for payment of the lands
CHAPTER IX acquired with stocks and bonds issued by the National Government, the
Support Services Central Bank and other government institutions and instrumentalities; (c)
Marketing of LBP bonds, as well as promoting the marketability of said bonds
SECTION 35. Creation of Support Services Office. There is hereby created in traditional and non-traditional financial markets and stock exchanges; and
the Office of Support Services under the DAR to be headed by an (d) Other services designed to utilize productively the proceeds of the sale of
Undersecretary. The Office shall provide general support and coordinative such lands for rural industrialization. A landowner who invests in rural-based
services in the implementation of the program particularly in carrying out the industries shall be entitled to the incentives granted to a registered
provisions of the following services to farmer-beneficiaries and affected enterprise engaged in a pioneer or preferred area of investment as provided
landowners: 1) Irrigation facilities, especially second crop or dry season for in the Omnibus Investment Code of 1987, or to such other incentives as
irrigation facilities; 2) Infrastructure development and public works projects the PARC, the LBP, or other government financial institutions may provide.
in areas and settlements that come under agrarian reform, and for this The LBP shall redeem a landowner's LBP bonds at face value, provided that
purpose, the preparation of the physical development plan of such the proceeds thereof shall be invested in a BOI-registered company or in any
settlements providing suitable barangay sites, potable water and power agribusiness or agro-industrial enterprise in the region where the landowner
resources, irrigation systems and other facilities for a sound agricultural has previously made investments, to the extent of thirty percent (30%) of the
development plan; 3) Government subsidies for the use of irrigation facilities; face value of said LBP bonds, subject to guidelines that shall be issued by the
4) Price support and guarantee for all agricultural produce; 5) Extending to LBP.
small landowners, farmers' organizations the necessary credit, like
concessional and collateral-free loans, for agro-industrialization based on SECTION 39. Land Consolidation. The DAR shall carry out land
social collaterals like the guarantees of farmers' organization: 6) Promoting, consolidation projects to promote equal distribution of landholdings, to
developing and extending financial assistance to small-and medium-scale provide the needed infrastructures in agriculture, and to conserve soil
industries in agrarian reform areas; 7) Assigning sufficient numbers of fertility and prevent erosion.
agricultural extension workers to farmers' organizations; 8) Undertake
research, development and dissemination of information on agrarian reform CHAPTER X
and low-cost and ecologically sound farm inputs and technologies to Special Areas of Concern
minimize reliance on expensive and imported agricultural inputs; 9)
Development of cooperative management skills through intensive training; SECTION 40. Special Areas of Concern. As an integral part of the
10) Assistance in the identification of ready markets for agricultural produce Comprehensive Agrarian Reform Program, the following principles in these
and training in other various prospects of marketing; and cdtai 11) special areas of concern shall be observed:
Administration operation management and funding of support services,
programs and projects including pilot projects and models related to agrarian (1) Subsistence Fishing. Small fisherfolk, including seaweed farmers, shall
reform as developed by the DAR. be assured of greater access to the utilization of water resources.

SECTION 36. Funding for Support Services. In order to cover the expenses (2) Logging and Mining Concessions. Subject to the requirement of a
and cost of support services, at least twenty-five percent (25%) of all balanced ecology and conservation of water resources, suitable areas, as
determined by the Department of Environment and Natural Resources
(DENR), in logging, mining and pasture areas, shall be opened up for agrarian meetings of the PARC: Provided, however, That its decisions must be
settlements whose beneficiaries shall be required to undertake reforestation reported to the PARC immediately and not later than the next meeting.
and conservation production methods. Subject to existing laws, rules and
regulations, settlers and members of tribal communities shall be allowed to SECTION 43. Secretariat. A PARC Secretariat is hereby established to
enjoy and exploit the products of the forest other than timer within the provide general support and coordinative services such as inter-agency
logging concessions. linkages; program and project appraisal and evaluation and general
operations monitoring for the PARC. The Secretariat shall be headed by the
(3) Sparsely Occupied Public Agricultural Lands. Sparsely occupied Secretary of Agrarian Reform who shall be assisted by an Undersecretary and
agricultural lands of the public domain shall be surveyed, proclaimed and supported by a staff whose composition shall be determined by the PARC
developed as farm settlements for qualified landless people based on an Executive Committee and whose compensation shall be chargeable against
organized program to ensure their orderly and early development. cda the Agrarian Reform Fund. All officers and employees of the Secretariat shall
Agricultural land allocations shall be made for ideal family-size farms as be appointed by the Secretary of Agrarian Reform.
determined by the PARC. Pioneers and other settlers shall be treated equally
in every respect. Subject to the prior rights of qualified beneficiaries, SECTION 44. Provincial Agrarian Reform Coordinating Committee
uncultivated lands of the public domain shall be made available on a lease (PARCCOM). A Provincial Agrarian Reform Coordinating Committee
basis to interested and qualified parties. Parties who will engaged in the (PARCCOM) is hereby created in each province, composed of a Chairman,
development of capitalintensive, traditional or pioneering crops shall be who shall be appointed by the President upon the recommendation of the
given priority. The lease period, which shall not be more than a total of fifty EXCOM, the Provincial Agrarian Reform Officer as Executive Officer, and one
(50) years, shall be proportionate to the amount of investment and representative each from the Departments of Agriculture, and of
production goals of the lessee. A system of evaluation and audit shall be Environment and Natural Resources and from the LBP, one representative
instituted. each from existing farmers' organizations, agricultural cooperatives and non-
governmental organizations in the province; two representatives from
(4) Idle, Abandoned, Foreclosed and Sequestered Lands. Idle, abandoned, landowners, at least one of whom shall be a producer representing the
foreclosed and sequestered lands shall be planned for distribution as home principal crop of the province, and two representatives from farmer and
lots and family-size farmlots to actual occupants. If land area permits, other farmworker-beneficiaries, at least one of whom shall be a farmer or
landless families shall be accommodated in these lands. farmworker representing the principal crop of the province, as members:
Provided, That in areas where there are cultural communities, the latter shall
(5) Rural Women. All qualified women members of the agricultural labor likewise have one representative. The PARCCOM shall coordinate and
force must be guaranteed and assured equal right to ownership of the land, monitor the implementation of the CARP in the province. It shall provide
equal shares of the farm's produce, and representation in advisory or information on the provisions of the CARP, guidelines issued by the PARC and
appropriate decision-making bodies. on the progress of the CARP in the province.

(6) Veterans and Retirees. In accordance with Section 7 of Article XVI of the SECTION 45. Province-by-Province Implementation. The PARC shall
Constitution, landless war veterans and veterans of military campaigns, their provide the guidelines for a province-by-province implementation of the
surviving spouse and orphans, retirees of the Armed Forces of the Philippines CARP. The ten-year program of distribution of public and private lands in
(AFP) and the Integrated National Police (INP), returnees, surrenderees, and each province shall be adjusted from year by the province's PARCCOM in
similar beneficiaries shall be given due consideration in the disposition of accordance with the level of operations previously established by the PARC,
agricultural lands of the public domain. in every case ensuring that support services are available or have been
programmed before actual distribution is effected.
(7) Agriculture Graduates. Graduates of agricultural schools who are
landless shall be assisted by the government, through the DAR, in their desire SECTION 46. Barangay Agrarian Reform Committee (BARC). Unless
to own and till agricultural lands. otherwise provided in this Act, the provisions of Executive Order No. 229
regarding the organization of the Barangay Agrarian Reform Committee
CHAPTER XI (BARC) shall be in effect.
Program Implementation
SECTION 47. Functions of the BARC. In addition to those provided in
SECTION 41. The Presidential Agrarian Reform Council. The Presidential Executive Order No. 229, the BARC shall have the following functions: (a)
Agrarian Reform Council (PARC) shall be composed of the President of the Mediate and conciliate between parties involved in an agrarian dispute
Philippines as Chairman, the Secretary of Agrarian Reform as Vice-Chairman including matters related to tenurial and financial arrangements; acd (b)
and the following as members; Secretaries of the Departments of Assist in the identification of qualified beneficiaries and landowners within
Agriculture; Environment and Natural Resources; Budget and Management; the barangay; (c) Attest to the accuracy of the initial parcellary mapping of
Local Government: Public Works and Highways; Trade and Industry; Finance; the beneficiary's tillage; (d) Assist qualified beneficiaries in obtaining credit
Labor and Employment; Director-General of the National Economic and from lending institutions; (e) Assist in the initial determination of the value of
Development Authority; President, Land Bank of the Philippines; the land; (f) Assist the DAR representatives in the preparation of periodic
Administrator, National Irrigation Administration; and three (3) reports on the CARP implementation for submission to the DAR; (g)
representatives of affected landowners to represent Luzon, Visayas and Coordinate the delivery of support services to beneficiaries; and (h) Perform
Mindanao; six (6) representatives of agrarian reform beneficiaries, two (2) such other functions as may be assigned by the DAR. (2) The BARC shall
each from Luzon, Visayas and Mindanao, provided that one of them shall be endeavor to mediate, conciliate and settle agrarian disputes lodged before it
from the cultural communities. within thirty (30) days from its taking cognizance thereof. If after the lapse of
the thirty day period, it is unable to settle the dispute, it shall issue a
SECTION 42. Executive Committee. There shall be an Executive Committee
certificate of its proceedings and shall furnish a copy thereof upon the
(EXCOM) of the PARC composed of the Secretary of the DAR as Chairman,
parties within seven (7) days after the expiration of the thirty-day period.
and such other members as the President may designate, taking into account
Article XIII, Section 5 of the Constitution. Unless otherwise directed by PARC,
the EXCOM may meet and decide on any and all matters in between
SECTION 48. Legal Assistance. The BARC or any member thereof may, implementation, enforcement, or interpretation of this Act and other
whenever necessary in the exercise of any of its functions hereunder, seek pertinent laws on agrarian reform may be brought to the Court of Appeals by
the legal assistance of the DAR and the provincial, city, or municipal certiorari except as otherwise provided in this Act within fifteen (15) days
government. from the receipt of a copy thereof. The findings of fact of the DAR shall be
final and conclusive if based on substantial evidence.
SECTION 49. Rules and Regulations. The PARC and the DAR shall have the
power to issue rules and regulations, whether substantive or procedural, to SECTION 55. No Restraining Order or Preliminary Injunction. No court in
carry out the objects and purposes of this Act. Said rules shall take effect ten the Philippines shall have jurisdiction to issue any restraining order or writ of
(10) days after publication in two (2) national newspapers of general preliminary injunction against the PARC or any of its duly authorized or
circulation. designated agencies in any case, dispute or controversy arising from,
necessary to, or in connection with the application, implementation,
CHAPTER XII enforcement, or interpretation of this Act and other pertinent laws on
agrarian reform.
Administrative Adjudication
SECTION 56. Special Agrarian Court. The Supreme Court shall designate at
SECTION 50. Quasi-Judicial Powers of the DAR. The DAR is hereby vested least one (1) branch of the Regional Trial Court (RTC) within each province to
with the primary jurisdiction to determine and adjudicate agrarian reform act as a Special Agrarian Court. The Supreme Court may designate more
matters and shall have exclusive original jurisdiction over all matters branches to constitute such additional Special Agrarian Courts as may be
involving the implementation of agrarian reform except those falling under necessary to cope with the number of agrarian cases in each province. In the
the exclusive jurisdiction of the Department of Agriculture (DA) and the designation, the Supreme Court shall give preference to the Regional Trial
Department of Environment and Natural Resources (DENR). It shall not be Courts which have been assigned to handle agrarian cases or whose
bound by technical rules of procedure and evidence but shall proceed to presiding judges were former judges of the defunct Court of Agrarian
hear and decide all cases, disputes or controversies in a most expeditious Relations. The Regional Trial Court (RTC) judges assigned to said courts shall
manner, employing all reasonable means to ascertain the facts of every case exercise said special jurisdiction in addition t
in accordance with justice and equity and the merits of the case. Toward this
end, it shall adopt a uniform rule of procedure to achieve a just, expeditious o the regular jurisdiction of their respective courts. The Special Agrarian
and inexpensive determination for every action or proceeding before it. It Courts shall have the powers and prerogatives inherent in or belonging to
shall have the power to summon witnesses, administer oaths, take the Regional Trial Courts. SECTION 57. Special Jurisdiction. The Special
testimony, require submission of reports, compel the production of books Agrarian Courts shall have original and exclusive jurisdiction over all petitions
and documents and answers to interrogatories and issue subpoena, and for the determination of just compensation to landowners, and the
subpoena duces tecum, and enforce its writs through sheriffs or other duly prosecution of all criminal offenses under this Act. The Rules of Court shall
deputized officers. It shall likewise have the power to punish direct and apply to all proceedings before the Special Agrarian Courts, unless modified
indirect contempts in the same manner and subject to the same penalties as by this Act. The Special Agrarian Courts shall decide all appropriate cases
provided in the Rules of Court. Responsible farmer leaders shall be allowed under their special jurisdiction within thirty (30) days from submission of the
to represent themselves, their fellow farmers, or their organizations in any case for decision.
proceedings before the DAR: Provided, however, That when there are two or
more representatives for any individual or group, the representatives should SECTION 58. Appointment of Commissioners. The Special Agrarian Courts,
choose only one among themselves to represent such party or group before upon their own initiative or at the instance of any of the parties, may appoint
any DAR proceedings. Notwithstanding an appeal to the Court of Appeals, one or more commissioners to examine, investigate and ascertain facts
the decision of the DAR shall be immediately executory. relevant to the dispute including the valuation of properties, and to file a
written report thereof with the court.
SECTION 51. Finality of Determination. Any case or controversy before it
shall be decided within thirty (30) days after it is submitted for resolution. SECTION 59. Orders of the Special Agrarian Courts. No order of the Special
Only one (1) motion for reconsideration shall be allowed. Any order, ruling or Agrarian Courts on any issue, question, matter or incident raised before them
decision shall be final after the lapse of fifteen (15) days from receipt of a shall be elevated to the appellate courts until the hearing shall have been
copy thereof. terminated and the case decided on the merits.

SECTION 52. Frivolous Appeals. To discourage frivolous or dilatory appeals SECTION 60. Appeals. An appeal may be taken from the decision of the
from the decisions or orders on the local or provincial levels, the DAR may Special Agrarian Courts by filing a petition for review with the Court of
impose reasonable penalties, including but not limited to fines or censures Appeals within fifteen (15) days receipt of notice of the decision; otherwise,
upon erring parties. the decision shall become final. An appeal from the decision of the Court of
Appeals, or from any order, ruling or decision of the DAR, as the case may be,
SECTION 53. Certification of the BARC. The DAR shall not take cognizance shall be by a petition for review with the Supreme Court within a non-
of any agrarian dispute or controversy unless a certification from the BARC extendible period of fifteen (15) days from receipt of a copy of said decision.
that the dispute has been submitted to it for mediation and conciliation
without any success of settlement is presented: Provided, however, That if SECTION 61. Procedure on Review. Review by the Court of Appeals or the
no certification is issued by the BARC within thirty (30) days after a matter or Supreme Court, as the case may be, shall be governed by the Rules of Court.
issue is submitted to it for mediation or conciliation the case or dispute may The Court of Appeals, however, may require the parties to file simultaneous
be brought before the PARC. memoranda within a period of fifteen (15) days from notice, after which the
case is deemed submitted for decision.
CHAPTER XIII
Judicial Review SECTION 62. Preferential Attention in Courts. All courts in the Philippines,
both trial and appellate, shall give preferential attention to all cases arising
SECTION 54. Certiorari. Any decision, order, award or ruling of the DAR on from or in connection with the implementation of the provisions of this Act.
any agrarian dispute or on any matter pertaining to the application, All cases pending in court arising from or in connection with the
implementation of this Act shall continue to be heard, tried and decided into SECTION 69. Assistance of Other Government Entities. The PARC, in the
their finality, notwithstanding the expiration of the ten-year period exercise of its functions, is hereby authorized to call upon the assistance and
mentioned in Section 5 hereof. support of other government agencies, bureaus and offices, including
governmentowned or -controlled corporations.
CHAPTER XIV
Financing SECTION 70. Disposition of Private Agricultural Lands. The sale or
disposition of agricultural lands retained by a landowner as a consequence of
SECTION 63. Funding Source. The initial amount needed to implement Section 6 hereof shall be valid as long as the total landholdings that shall be
this Act for the period of ten (10) years upon approval hereof shall be funded owned by the transferee thereof inclusive of the land to be acquired shall not
from the Agrarian Reform Fund created under Sections 20 and 21 of exceed the landholding ceilings provided for in this Act. Any sale or
Executive Order No. 229. Additional amounts are hereby authorized to be disposition of agricultural lands after the effectivity of this Act found to be
appropriated as and when needed to augment the Agrarian Reform Fund in contrary to the provisions hereof shall be null and void. Transferees of
order to fully implement the provisions of this Act. Sources of funding or agricultural lands shall furnish the appropriate Register of Deeds and the
appropriations shall include the following: a) Proceeds of the sales of the BARC an affidavit attesting that his total landholdings as a result of the said
Assets Privatization Trust; b) All receipts from assets recovered and from acquisition do not exceed the landholding ceiling. The Register of Deeds shall
sales of ill-gotten wealth recovered through the Presidential Commission on not register the transfer of any agricultural land without the submission of
Good Government; c) Proceeds of the disposition of the properties of the this sworn statement together with proof of service of a copy thereof to the
Government in foreign countries; d) Portion of amounts accruing to the BARC.
Philippines from all sources of official foreign grants and concessional
financing from all countries, to be used for the specific purposes of financing SECTION 71. Bank Mortgages. Banks and other financial institutions
production credits, infrastructures, and other support services required by allowed by law to hold mortgage rights or security interests in agricultural
this Act; cdt (e) Other government funds not otherwise appropriated. All lands to secure loans and other obligations of borrowers, may acquire title to
funds appropriated to implement the provisions of this Act shall be these mortgaged properties, regardless of area, subject to existing laws on
considered continuing appropriations during the period of its compulsory transfer of foreclosed assets and acquisition as prescribed under
implementation. Section 13 of this Act. acd

SECTION 64. Financial Intermediary for the CARP. The Land Bank of the SECTION 72. Lease, Management, Grower or Service Contracts, Mortgages
Philippines shall be the financial intermediary for the CARP, and shall insure and Other Claims. Lands covered by this Act under lease, management,
that the social justice objectives of the CARP shall enjoy a preference among grower or service contracts, and the like shall be disposed of as follows: (a)
its priorities. Lease, management, grower or service contracts covering private lands may
continue under their original terms and conditions until the expiration of the
CHAPTER XV same even if such land has, in the meantime, been transferred to qualified
General Provisions beneficiaries. (b) Mortgages and other claims registered with the Register of
Deeds shall be assumed by the government up to an amount equivalent to
SECTION 65. Conversion of Lands. After the lapse of five (5) years from its the landowner's compensation value as provided in this Act.
award, when the land ceases to be economically feasible and sound for
agricultural purposes, or the locality has become urbanized and the land will SECTION 73. Prohibited Acts and Omissions. The following are prohibited:
have a greater economic value for residential, commercial or industrial (a) The ownership or possession, for the purpose of circumventing the
purposes, the DAR, upon application of the beneficiary or the landowner, provisions of this Act, of agricultural lands in excess of the total retention
with due notice to the affected parties, and subject to existing laws, may limits or award ceilings by any person, natural or juridical, except those
authorize the reclassification or conversion of the land and its disposition: under collective ownership by farmer-beneficiaries. (b) The forcible entry or
Provided, That the beneficiary shall have fully paid his obligation. illegal detainer by persons who are not qualified beneficiaries under this Act
to avail themselves of the rights and benefits of the Agrarian Reform
SECTION 66. Exemptions from Taxes and Fees of Land Transfers. Program. (c) The conversion by any landowner of his agricultural land into
Transactions under this Act involving a transfer of ownership, whether from any nonagricultural use with intent to avoid the application of this Act to his
natural or juridical persons, shall be exempted from taxes arising from capital landholdings and to dispossess his tenant farmers of the land tilled by them.
gains. These transactions shall also be exempted from the payment of (d) The willful prevention or obstruction by any person, association or entity
registration fees, and all other taxes and fees for the conveyance or transfer of the implementation of the CARP. (e) The sale, transfer, conveyance or
thereof; Provided, That all arrearages in real property taxes, without penalty change of the nature of lands outside of urban centers and city limits either
or interest, shall be deductible from the compensation to which the owner in whole or in part after the effectivity of this Act. The date of the
may be entitled. registration of the deed of conveyance in the Register of Deeds with respect
to titled lands and the date of the issuance of the tax declaration to the
SECTION 67. Free Registration of Patents and Titles. All Registers of Deeds
transferee of the property with respect to unregistered lands, as the case
are hereby directed to register, free from payment of all fees and other
may be, shall be conclusive for the purpose of this Act. (f) The sale, transfer
charges, patents, titles and documents required for the implementation of
or conveyance by a beneficiary of the right to use or any other usufructuary
the CARP.
right over the land he acquired by virtue of being a beneficiary, in order to
SECTION 68. Immunity of Government Agencies from Undue Interference. circumvent the provisions of this Act.
No injunction, restraining order, prohibition or mandamus shall be issued by
SECTION 74. Penalties. Any person who knowingly or willfully violates the
the lower courts against the Department of Agrarian Reform (DAR), the
provisions of this Act shall be punished by imprisonment of not less than one
Department of Agriculture (DA), the Department of Environment and Natural
(1) month to not more than three (3) years or a fine of not less than one
Resources (DENR), and the Department of Justice (DOJ) in their
thousand pesos (P1,000.00) and not more than fifteen thousand pesos
implementation of the program.
(P15,000.00), or both, at the discretion of the court. If the offender is a
corporation or association, the officer responsible therefor shall be criminally
liable.

SECTION 75. Suppletory Application of Existing Legislation. The provisions


of Republic Act No. 3844 as amended, Presidential Decree Nos. 27 and 266 as
amended, Executive Order Nos. 228 and 229, both Series of 1987; and other
laws not inconsistent with this Act shall have suppletory effect.

SECTION 76. Repealing Clause. Section 35 of Republic Act No. 3834,


Presidential Decree No. 316, the last two paragraphs of Section 12 of
Presidential Decree No. 946, Presidential Decree No. 1038, and all other
laws, decrees executive orders, rules and regulations, issuances or parts
thereof inconsistent with this Act are hereby repealed or amended
accordingly. cdt

SECTION 77. Separability Clause. If, for any reason, any section or provision
of this Act is declared null and void, no other section, provision, or part
thereof shall be affected and the same shall remain in full force and effect.

SECTION 78. Effectivity Clause. This Act shall take effect immediately after
publication in at least two (2) national newspapers of general circulation.

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