‘SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

DATE:

HOUSE OF REPRESENTATIVES Tie:

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr. _

House Bill No. 3205 =
EXPLANATORY NOTE

‘According to Republic Act 6657 or the Comprehensive Agrarian Reform
Program Law, it is the policy of the State to pursue a Comprehensive Agrarian
Reform Program (CARP). The welfare of the landless farmers and farm workers will
receive the highest consideration to promote social justice and to move the nation
towards sound rural development and industrialization, and the establishment of
‘owner cultivatorship of economic-sized farms as the basis of Philippine agriculture.
To this end, a more equitable distribution and ownership of land, with due regard to
the rights of landowners to just compensation and to the ecological needs of the
ration, shall be undertaken to provide farmers and farm workers with the opportunity
to enhance their dignity and improve the quality of their fives through greater
productivity of agricultural lands

However, 25 years after the enactment of the law, there are still numerous
landless farmers all over the country and the goals for which the law was passed
have yet to be met. For instance, for 2012. the target of the Department of Agrarian
Reform (DAR) was to process 180,000 hectares of land but they were only able to
process 32,403.90 hectares. The DAR also targeted to have 17,254 hectares of land
under leasehold agreements in 2012 but they were only able to have 7,724 hectares.
Also, there are 20,144 pending cases in the DAR and as of June 2012, only 7,903
‘were resolved. When it comes to Agrarian Legal Assistance cases, the target was to
have the 1,390 cases submitted for resolution but only 268 were submitted. These
are just some of the data that will show that the work of the DAR is far from finished
There are still more to be done which makes it necessary to extend the life of the
DAR and the effectivity of the CARP law.

In view of the foregoing, immediate passage of this bill is earnestly sought.

Ml:

RUFUS B. RODRIGUEZ

Me
MAXIMO B. IDRIGUEZ, JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 8305

AN ACT
FURTHER STRENGTHENING THE COMPREHENSIVE AGRARIAN REFORM
PROGRAM (CARP) BY FURTHER EXTENDING THE ACQUISITION AND
DISTRIBUTION OF ALL AGRICULTURAL LANDS, FURTHER AMENDING FOR
THE PURPOSE SECTIONS 7 and 63 OF REPUBLIC ACT NO. 6657, OTHERWISE
KNOWN AS THE COMPREHENSIVE AGRARIAN REFORM LAW OF 1988, AS
AMENDED, AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress Assembled:

SECTION 1. Section 7 of Republic Act 6657, as amended by Republic Act 9700 is
hereby further amended to read as follows’

"SEC. 7. Priorities. - The DAR, in coordination with the
Presidential Agrarian Reform Council (PARC) shall plan
and program the final acquisition and distribution of all
Temaining unacquired and undistributed agricutural lands
from the effectivity of this Act until [June 30, 2014] JUNE
30, 2019. Lands shall be acquired and distributed as
folows

"Phase One: During the [five (5)-year] extension period
hereafter all remaining lands above fifty (50) hectares shall
be covered for purposes of agrarian reform upon the
effectivity of this Act. All private agricultural lands of
landowners with aggregate landholdings in excess of fifty
(60) hectares which have already been subjected to a
notice of coverage issued on or before December 10,
2008; rice and com lands under Presidential Decree No
27; alllidle or abandoned lands; all private lands voluntarily
offered by the owners for agrarian reform: Provided, That
with respect to voluntary land transfer, only those
submitted by June 30, 2009 shall be
allowed Provided, further, That after June 30, 2009, the
modes of acquisition shall be imited to voluntary offer to
sell and compulsory acquisition: Provided, furthermore,
That all previously acquired lands wherein valuation is
subject to challenge by landowners shall be completed and
finally resolved pursuant to Section 17 of Republic Act No.
6657, as amended: Provided, finally, as mandated by the
Constitution, Republic Act No. 6657, as amended, and
Republic Act No. 3844, as amended, only farmers (tenants
or lessees) and regular farmworkers actually tiling the


lands, as ceftified under oath by the Barangay Agrarian
Reform Council (BARC) and attested under oath by the
landowners, are the qualified beneficiaries. The intended
beneficiary shall state under oath before the judge of the
city or municipal court that he/she is willing to work on the
land to make it productive and to assume the obligation of
paying the amortization for the compensation of the land
and the land taxes thereon; all lands foreclosed by
‘govemment financial institutions: all lands acquired by the
Presidential Commission on Good Government (PCGG),
and all other lands owned by the government devoted to or
suitable for agricuture, which shall be acquired and
distributed immediately upon the effectivity of this Act, with
the implementation to be completed by [June 30, 2012]
JUNE 30, 2017;

"Phase Two: (a) Lands twenty-four (24) hectares up to fifty
(60) hectares shall likewise be covered for purposes of
agrarian reform upon the effectivity of this Act. All afenable
and disposable public agricultural lands; all arable public
agricultural lands under agro-forest, pasture and
agricultural leases already cutivated and planted to crops
in accordance with Section 6, Article Xill of the
Constitution; all public agricultural lands which are to be
‘opened for new development and resettlement: and all
private agricultural lands of landowners with aggregate
landholdings above twenty-four (24) hectares up to fifty
(60) hectares which have already been subjected to a
Notice of coverage issued on or before December 10,
2008, to implement principally the rights of farmers and
Tegular farmworkers, who are landless, to own directly or
collectively the lands they til, which shall be distributed
immediately upon the effectivity of this Act, with the
implementation to be completed by [June 30, 2012] June
30, 2017; and

“(b) All remaining private agricultural lands of landowners
with aggregate landholdings in excess of twenty-four (24)
hectares, regardless as to whether these have been
subjected to notices of coverage or not, with the
implementation to begin on July 1, 2012 and to be
completed by [June 30, 2013] JUNE 30, 2018;

"Phase Three: All other private agricultural lands
‘commencing with large landholdings and proceeding to
medium and small landholdings under the following
schedule:

"(a) Lands of landowners with aggregate landholdings
above ten (10) hectares up to twenty- four (24)hectares,
insofar as the excess hectarage above ten (10) hectares is
concemed, to begin on July 1.2012 and to be completed
by [June 30, 2013] JUNE 30, 2018; and

"(b) Lands of landowners with aggregate landholdings from
the retention imit up to ten (10) hectares, to begin on July
1, 2013 and to be completed by [June 30, 2013] JUNE 30,


2019: to implement principally the right of farmers and
regular farmworkers who are landless, to own directly or
collectively the lands they tl

“The schedule of acquisition and redistribution of all
agricultural lands covered by this program shall be made in
accordance with the above order of priority, which shall be
provided in the implementing rules to be prepared by the
PARC, taking into consideration the folowing: the
landholdings wherein the farmers are organized and
understand the meaning and obligations of farmland
‘ownership; the distribution of lands to the tilers at the
earliest practicable time; the enhancement of agricutural
productivity; and the availability of funds and resources to
implement and support the program: Provided, That the
PARC shall design and conduct seminars, symposia,
information campaigns, and other similar programs for
farmers who are not organized or not covered by any
landholdings. Completion by these farmers of the
aforementioned seminars, symposia, and other similar
programs shall be encouraged in the implementation of
this Act particularly the provisions of this Section.

“Land acquisition and distribution shall be completed by
[June 30, 2013] JUNE 30, 2019 on a province-by-
province basis. In any case, the PARC or the PARC
Executive Committee (PARC EXCOM), _ upon
recommendation by the Provincial Agrarian Reform
‘Coordinating Committee (PARCCOM), may declare certain
provinces as priority land reform areas. in which case the
acquisition and distribution of private agricultural lands
therein under advanced phases may be implemented
ahead of the above schedules on the condition that prior
phases in these provinces have been completed
Provided, That notwithstanding the above schedules,
phase three (b) shall not be implemented in a particular
province until at least ninety percent (90%) of the provincial
balance of that particular province as of January 1, 2009
under Phase One, Phase Two (a), Phase Two (b),and
Phase Three (a), excluding lands under the jurisdiction of
the Department of Environment and Natural Resources
(DENR). have been successfully completed

“The PARC shall establish guidelines to implement the
above priorities and distribution scheme, including the
determination of who are qualified beneficiaries: Provided,
That an owner-tiller may be a beneficiary of the land
he/she does not own but is actually cultivating to the extent
of the difference between the area of the land he/she owns
and the award ceiling of three (3) hectares: Provided,
further, That collective ownership by the farmer
beneficiaries shall be subject to Section 25 of Republic Act
No. 6657. as amended: Provided, furthermore, That rural
women shall be given the opportunity t o participate in the
development planning and implementation of this Act


Provided, finally, That in no case should the agrarian
reform beneficiaries’ sex, economic, religious, social,
cultural and poitical attributes adversely affect the
distribution of lands."

SEC 2. Section 63 of Republic Act No. 6657, as amended by Republic Act 9700 is
hereby further amended to read as follows:

"SEC. 63. Funding Source. - The amount needed to further
implement the CARP as provided in this Act, until [June 30,
2014] JUNE 30, 2019. upon expiration of funding under
Republic Act No. 8532 and other pertinent laws, shall be
funded from the Agrarian Reform Fund and other funding
sources in the amount of at least One hundred fifty billion
Pesos (P150,000,000,000.00).

"Additional amounts are hereby authorized to be
appropriated as and when needed to augment the Agrarian
Reform Fund in order to fully implement the provisions of
this Act during the [five (5)-year] extension period.
“Sources of funding or appropriations shall include the
following
"(a) Proceeds of the sales of the Privatization and
Management Office (PMO)
"() All receipts from assets recovered and from
sales of ilt-gotten wealth recovered through the
PCGG excluding the amount appropriated for
‘compensation to victims of human rights violations
under the applicable law:
*(c) Proceeds of the disposition and development of
the properties of the Govemment in foreign
countries, for the specific purposes of financing
production credits, infrastructure and other support
services required by this Act;
*(d) All income and, collections of whatever form
and nature arising from the agrarian reform
‘operations, projects and programs of the DAR and
‘other CARP implementing agencies:
*(e) Portion of amounts accruing to the Philippines
from all sources of official foreign aid grants and
concessional financing from all countries, to be
used for the specific purposes of financing
productions, credits, infrastructures, and other
‘support services required by this Act:
"() Yearly appropriations of no less than Five billion
pesos (P5,000,000,000.00) from the General
Appropriations Act;
“(g) Gratuitous financial assistance from legitimate
sources; and
“(0) Other govemment funds not otherwise
appropriated.
“All funds appropriated to implement the provisions of this
Act shall be considered continuing appropriations during the
period of its implementation: Provided, That if the need
arises, specific amounts for bond redemptions, interest


payments and other existing obligations arising from the
implementation of the program shall be included in the
annual General Appropriations Act: Provided, further, That
all just compensation payments to landowners, including
execution of judgments therefore, shall only be sourced
from the Agrarian Reform Fund: Provided, however, That
just compensation payments that cannot be covered within
the approved annual budget of the program shall be
chargeable against the debt service program of the national
government, or any unprogrammed item in the General
Appropriations Act: Provided, finally, That after the
completion of the land acquisition and distribution
component of the CARP, the yearly appropriation shall be
allocated fully to support services, agrarian justice delivery
‘and operational requirements of the DAR and the other
CARP implementing agencies.”

‘SEC 3. Implementing Rules and Regulations. - The PARC and the DAR shall provide
the necessary implementing rules and regulations within thirty (30) days upon the
approval of this Act.

‘SEC 4, Repealing Clause. All laws, executive orders, rules and regulations or parts
thereof in conflict with the provision of this Act are hereby repealed or amended
accordingly

SEC 5. Separability Clause. - If, for any reason, any section or provision of this Act is
declared unconstitutional or invalid, the other sections or provisions not affected
thereby shall remain in full force and effect.

SEC 6. Effectivity. -This Act shall take effect after fifteen (15) days following its full

and complete publication in the Official Gazette or in two (2) newspapers of general
circulation

Approved,