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Q. What is The Republic
Act 6657?
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Q. Who
are qualified to be beneficiaries of landholdings
covered by the Comprehensive Agrarian Reform Program
(CARP)?
A. Those
who meet the following qualifications:
· Landless
as defined in R.A. 6657;
· Filipino
Citizen;
· At
least 15 years of age or heads of family at he time
of acquisition of the property;
·
Has the willingness, ability and
aptitude to cultivate and make the land productive
(DAR A.O. 10, Series of 1993)
Q. Who
are further qualified to become beneficiaries of
CARP?
A. Qualified
farmworkers shall include all those who are found to
be directly working on the land at the time the DAR
conducts actual investigation and documentation.
All farmworkers regardless of classification, but
excluding those holding managerial or supervisory
positions in the agricultural enterprise or
corporation, are qualified as CARP beneficiaries
(DAR A.O. 10, Series of 1993)
Q. Can
farmworkers whose work has ceased as a result of
pending agrarian or labor dispute but who is still
willing to be an awardee of the agricultural
corporation can also be considered as beneficiaries?
A. Yes,
provided he has filed an appeal for reinstatement
and has not yet obtained a substantially equivalent
and regular employment (Item II, 2nd par.
Of letter A, Policy Statements of DAR, A.O.2, Series
of 1993).
Q. What
if the time the DAR conducts investigation and
documentation of the property, we are all identified
as farmworkers?
A.
In this case, DAR will classify all
farmworkers according to the order of priorities as
follows:
-
Agricultural lessees and share
tenants;
-
Regular farmworkers;
-
Seasonal farmworkers;
-
Other farmworkers;
-
Actual tillers or occupants of public
lands;
-
Collectives or Cooperatives of the
above-mentioned beneficiaries, and;
-
Others directly working on the land.
Q. Who
has the right to retain and how many hectares?
A. All
landowners of agricultural lands with a total area
of more than five (5) hectares and less may apply
for retention of not more than (5) hectares
retention under R.A. 6657.
Q. Can
the children of landowners apply for retention
rights?
A. No,
the law only grants the children a preferential
right to award the lands of their parents. They
must still qualify as beneficiaries. The award to
children is not automatic.
Q. What
qualifications must the child of the landowner
should meet in order to qualify for three (3)
hectares award?
A. To
qualify the child of landowner must be:
·
At least fifteen (15) years old as of
15 June, 1988;
· Actually
tilling the land or directly managing the farm from
15 June, 1988 up to the time of land acquisition.
Q. What
are the criteria/requirements in the award of
retention?
A. The
criteria/requirements are the following:
· The
land is private agricultural lands;
· The
area chosen for retention shall be compact and
contiguous and shall be least prejudicial to the
entire landholdings and the majority of farmers
therein;
· The
landowner must execute an affidavit as to the
aggregate area of his landholding in the entire
Philippines; and
· The
landowner must submit a list of his children who are
fifteen (15) years old or over as of 15 June 1988
and who have been actually cultivating or directly
managing the farm since 15 June 1988 for
identification as preferred beneficiaries, as well
as evidence of such.
· The
landowner must execute an affidavit stating the
names of all farmers, agricultural lessees and share
tenants, regular farmworkers, seasonal farmworkers,
other farmworkers, actual tillers or occupants,
and/or other persons directly working on the land;
if there are no such persons, sworn statement
attesting such fact.
Q. How
can I exempt my land from the coverage of CARP?
A. If
your land happens to fall on the categories
enumerated below, it is exempted and excluded from
CARP to wit;
· Those
which are not suitable for agriculture and those
which are classified as mines, forest, residential,
commercial or industrial land;
· Those
which have been classified and approved as
non-agricultural prior to June 15, 1988 as ruled
under the Department of Justice Opinion No. 44,
Series of 1990;
· Those
which are exempt pursuant to Section 10 of R.A.
6657;
· Those
which are devoted to poultry, swine, or livestock
raising as of June 15, 1988, pursuant to the Supreme
Court ruling on Luz Farms vs. The honorable
Secretary of Agrarian Reform (G.R. No.86339, Dec.
04, 1990);
· Those
which are retained by the landowner.
Q. Is
the exemption of lands reclassified as residential,
commercial or industrial prior to June 15, 1988
A.
No, landowner whose land are
reclassified as residential, commercial or
industrial still need to apply for exemption from
CARP coverage in that particular property with
reference to the provisions of DAR A.O. 4, Series of
2003.
Q. Are
all agricultural lands devoted to livestock, poultry
and swine raising automatically excluded from CARP
coverage?
A.
No, to qualify for exclusion, the
following requirements must meet:
· The
lands or portions thereof must have been
exclusively, directly and actually used for
livestock, poultry and swine raising as of June 15,
1988;
· The
lands devoted to the above purposes must satisfy the
animal/land ratio as well as the animal
infrastructure ratio as provided in Section III-B of
DAR A.O. No. 9, Series of 1993.
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