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About
LandWatch-Philippines is an advocacy blog on access to land affecting the farmers, indigenous people, fisherfolks and forest
dwellers in the Philippines.
Contact Us:
landwatchph@gmail.com
Archives
• August 2009
• June 2009
• May 2009
• April 2009
• March 2009
• February 2009
Recent Post
• CBCP to Monitor CARPer Implementation
• PDI Editorial: CARPER, Right or Wrong (081009)
• PAKISAMA: CARPER is better CARP
• CARPER Principal Author Snobs Signing of Law
• PGMA to Sign CARPER Bill in Bulacan
• F. Sionil Jose: Our Murdered Peasants
• Walden Bello: CARPER--Latest Episode in the Battle for Agrarian Reform
• Case Unclosed: Multisectoral Fact Finding Mission for Ka Rene
• Sun Star: Slain militant leader laid to rest
• CODE-NGO: Mourning a Great Loss, Honoring a Great Man
• Inquirer: Nonviolent struggle ends in murder
• Gang Badoy Interview: What Was Ka Rene Like?
• DLSU-CoNIC: Ka Rene, Tuloy po ang Laban!
• Ernesto Ordonez: Murdering Farmer Leaders
• CBCP News: Groups to hold mass for Ka Rene at ADDU’s chapel tomorrow
Links
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• ANGOC
• AsiaDHRRA
• CARRD
• Centro Saka
• KAISAHAN
• KASAPI
• PAKISAMA
• PhilDHRRA
• PEF
• SALIGAN
• SIMCARRD
• DAR
• DENR
• DA
• DILG
• Supreme Court
• Congress
• Senate
• Office of the President
The RA 9700 or the CARPER law which was signed by GMA on August 7, 2009
contains an extension of the budget for CARP especially the Land Acquisition
and Distribution (LAD) program for five years starting July 1, 2009 and the
necessary reforms to complete the acquisition and distribution of the
remaining One Million Hectares of private agricultural lands to landless
farmers[1]. Moreover, CARPER law provides for clarification of policies and its
interpretation by CARP implementation agencies including the decision of
judicial courts.
RA 6657, the original CARP law (CARL) has not been superseded by the
CARPER law but strengthens or improves the CARL. Some provisions of the
CARL were amended like the provision on the award to beneficiaries and the
schedule of acquisition and distribution, new provisions were introduced like
the Gender provisions and the Congressional Oversight Committee and a
number of Supreme Court decisions legislated like the indefeasibility of titles
given under agrarian reform and exclusive jurisdiction of DAR in agrarian
dispute criminal cases.
The most challenging part in the crafting of the CARPER law was how to
balance the landowners’ interest, the farmer’s interest and the Department
of Agrarian Reform’s (DAR) interest. One can see the tension in the
provisions of the CARPER law. For instance, the landowners’ interest is
dominant in the provision on Just compensation, the 90% trigger completion
for acquisition of small land (below 10 hectares), the consideration of 70% of
zonal valuation, attestation requirement to ensure that loyal farmers will get
the land, priority of tenants and regular farmworkers in distribution to ensure
easy consolidation and the support services for land owners; while the
farmer’s interest is evident in the provisions on the rights and obligation will
begin from the receipt of CLOAs and EPs, distribution of CLOAs and EPs and
actual possession, installation of ARBs within 180 days from date of
registration in the title of Republic of Philippines, usufructuary rights of
identified ARBs pending award and subsidies for initial capital of new ARBs;
and the DAR’s interest is apparent in the budget provision and phasing of
land acquisition. Although the majority of the provisions in the CARPER law
are pro-farmers, many reforms are still pending and continuously advocated
at the executive, legislative and judiciary. The succeeding parts will discuss
the salient provisions of the CARPER law.
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