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AGRARIAN LAW REVIEWER FINALS  Infrastructure development and public

works project areas and settlements that


come under agrarian reform
Section 34. Valuation of Lands  Government subsidies for use of irrigation
facilities
Formulation of land valuation scheme  Price support and guarantee for all
 The PARC shall formulate a valuation scheme agricultural produces
for the land;  Extending to small landowners, farmers,
 Stimulate the growth of cooperative and farmers; organizations the necessary
 Foster responsible participation of the credit, like concessional and collateral-
workers-beneficiaries in the creation of free loans, for agro-industrialization based
Wealth. on the social collaterals like the
guarantees of farmers organizations
Issues of valuation and just compensation  Promoting, developing and extending
 In case of disagreement, the price as financial assistance to small and medium
determined by the PARC, if accepted by scale industries in agrarian reform areas
workers, beneficiaries, shall be followed,  Assigning sufficient numbers of
without the landowner’s right to petition the agricultural extension workers to farmers
SAC to resolve the issue on valuation. organizations
 Section 57 of CARL provides that RTC-SACs  Research and development and
have original and exclusive jurisdiction over all dissemination of information on agrarian
petitions for the determination of just on agrarian reform, plants and crops best
compensation payable to landowners under suited for cultivation and marketing, and
the land reform program low cost ecologically sound farm inputs
and technologies to minimize reliance on
Determination of land valuation and compensation expensive and imported agricultural
placed under LBP per EO 405 inputs;
 LBP was made responsible foe the  Development of cooperative management
determination of the land valuation and skills through intensive training
compensation for all private lands suitable for  Assistance in the identification of ready
agriculture under either the VOS or CA as markets for agricultural produce and
governed by RA 6657 training in the other various aspects of
 DAR shall use the determination of LBP marketing
 Effective information dissemination
Section 35. Creation of Support Services Office system through the DA to promote
marketing and minimize spoilage of
Office of Support Services headed by DAR agricultural produce and products
Undersecretary  Credit guarantee fund for agricultural
landowners that will enhance the
Support Services Defined collateral value of agricultural lands that
 Support services refers to financial and are affected or will be affected by
technical assistance which DAR may provide coverage under agrarian reform program;
to NGOs or POs, cooperatives, and other self-  Administration, operation, management
help organizations. and funding of support services programs
and projects including pilot projects and
Services to be provided by the OSS models related to agrarian reform
 Provides general support and coordinative developed by DAR
services in the implementation of CARP
 Provisions of the ff. services to the Need and reason for the creation of OSS
beneficiaries and affected landowners  Assist the ARBs attain economic self-reliance
 Irrigation facilities, especially second crop and help uplift their lives through the
season irrigation facilities; provision of essential services and subsidies.

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Infrastructure facilities 30% of all appropriations for support
 Farm-to-market roads services referred to in section 36 of the
 Irrigation systems CARL, shall be immediately set aside and
 Bridges; and made available for agricultural credit
 Post-harvest facilities facilities, subject to the available
conditions:
Section 36. Funding for Support Services 1. 1/3 allocated for subsidies to support
the initial capitalization for
40% of CARP budget during 5 year extension period agricultural production to new ARBs
set aside for support services, subject to the following upon the awarding of the EP or CLOA
conditions: and the remaining 2/3 shall be
a. The DAR shall pursue integrated land allocated to provide access to
acquisition and distribution and support socialized credit to existing ARBS,
services strategy requiring a plan to be including leaseholders; and
developed parallel to the land acquisition 2. LBP and GFIs, accredited savings and
process. credit cooperatives, financial service
b. For 5 year extension period, a minimum of 2 cooperatives, financial service
ARC shall, as far as practicable, be established cooperatives, financial service
by the DAR, in coordination with the LGUs, cooperative banks shall provide the
NGOs, community-based cooperatives and delivery system for disbursement of
people’s organizations in each legislative the above assistance to individual
district with a predominant agricultural agrarian reforms beneficiaries,
populations holders of collective titles and
c. The areas in which ARCS are to be established cooperatives
shall have been substantially covered under
the provisions of the CARK and other agrarian For this purpose, all financing
or land reform laws; and institutions may accept as collateral
d. A complementary support services delivery for loans the purchase orders,
strategy for existing agrarian reform marketing agreements or expected
beneficiaries that are not in barangays within harvests, subject to the ff. conditions:
the ARCs shall be adopted by the DAR a. Loans obtained shall be used in
the improvement or development
ARC to undertake integrated development of agrarian of the farm holding of the ARB or
area the establishment of facilities
 ARC is composed and managed by ARBs who which shall enhance production
shall be willing to be organized and to or marketing farm income
undertake the integrated development of an therefrom
area, and/or their organizations or b. Of the remaining 70% for the
cooperatives. support services, 15% shall be
earmarked for farm inputs as
DAR authority to package proposal and receive requested by the duly accredited
financial aid ARBs, but not limited to:
 The DAR was authorized to package proposals 1. Seeds, seedlings and/or
and receive grants, aids and other forms of planting materials
financial assistance from any source. 2. Organic fertilizers
3. Pesticides
Section 37. Support Services for the ARBs 4. Herbicides
5. Farm animals, implements or
Provisions of support services for ARBs machineries
 The PARC shall ensure that support services
for ARBs are provided, such as: And 5% for seminars, trainings
a. Land surveys and titling; and the like to help empower
b. Socialized terms on agricultural credit ARBs.
facilities; c. Extension services by way of
planting, cropping, production
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and post-harvest technology  Those women who are engaged directly or
transfer. indirectly in farming and/or fishing as their
d. Infrastructures such as access source of livelihood, whether paid or unpaid,
trails, mini-dams…. regular or seasonal, or in food preparation,
e. Research production and use of managing the household, caring for the
organic fertilizers children, and other similar activities.
f. Direct and active DAR assistance
in the education and organization Equal support services for men and women ARBs
of actual and potential ARBs at  PARC is tasked to ensure support services
the barangay, municipal, city and integrate the specific needs and well-being of
provincial and national levelps. women farmer-beneficiaries taking into
account the specific requirements of female
Credit Facilities family members of farmer-beneficiaries.
a. DAR QUEDANCOR
b. DAR LBP Right of women to self-organization
c. DAR KMI  Rural women are entitled to the right to self-
d. CAP-PBD organization in order for them to have equal
e. DAR-ERAP Trust Fund access to:
f. DAR Technology and Livelihood Resource a. Economic opportunities;
Center b. Agricultural credit and loans;
c. Marketing facilities and technology
PARC tasked to formulate and adopt certain policies d. Other support servies;
 PARC shall likewise adopt, implement, and e. Equal treatment in land reform and
monitor policies and programs to ensure the resettlement schemes
fundamental equality of women and men in
the ARP as well as respect for the human These are new provisions under RA 9700
rights, social protection, and decent working
conditions of both paid and unpaid men and Rural women to be assured of certain rights
women farmer beneficiaries a. Equal right to ownership of land;
b. Equal shares of farm’s produce; and
BKKK (NLSF) secretariat transferred and attached to c. Representation in advisory or appropriate
LBP decision making bodies.
 Bagong Kilusang Kabuhayan sa Kaunlaran was
later renamed to National Livelihood Support Section 38. Support Services for Landowners
Fund
 Transferred and attached to LBP, for its Provisions of support services to landowners affected
supervision including all its applicable and by ARP
existing funds, personnel, properties, PARC shall provide landowners affected by
equipment and records. the CARP and prior agrarian reform programs with the
following services:
Sanctions for misuse of financial and support services a. Investment information, financial and
 Misuse or diversion of the financial and counselling assistance, particularly investment
support services provided in the CARL shall information on GOCCs and disposable assets
result in sanctions against the beneficiary of the government in pursuit of national
guilty thereof industrialization and economic independence:
 Forfeiture of the land transferred b. Facilities, programs and schemes for the
 Other lesser sanctions as may be provided by conversion or exchange of bonds issued for
the PARC without prejudice to criminal payment of the lands acquired with stocks
prosecution and bonds issued by the National
Government, the BSP and other government
Section 37-A. Equal Support Services for Rural institutions and instrumentalities.
Women c. Marketing of agrarian reform bonds, as well
as promoting the marketability of said bonds
Rural Women defined in traditional and non-traditional financial
markets and stock exchanges; and/or
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d. Other services designed to utilize productively
the proceeds of the sale of such lands for rural
industrialization.

Incentives for landowner investing in rural-based


industries
 Incentives in a pioneer or preferred area of
investment under the Omnibus Investment
Code of 1987
 Other incentives by PARC, LBO, other GFIs

Redemption by LBP of landowner’s bonds as


incentive
 LBP shall redeem a landowner’s agrarian
reform bonds at face value as an incentive,
provided at least 50% of the proceeds thereof
shall be invested in a BOI-registered company
or in any agri-business or agro-industrial
enterprise in the region where the CARP-
covered landholding is located.

Additional Incentive
 2% in cash shall be paid to a landowner who:
a. Maintains his/enterprise as a going
concern for 5 years
b. Keeps his investment in a BOI registered
firm for the same period. Provided that
the rights are not prejudiced.

DAR, LBP and DTI shall jointly formulated


implementing guidelines.

Section 39. Land Consolidation

Land consolidation defined.


 The reallocation of parcels of land with the
aim of the landowners to obtain larger parcels
at one or more places in exchange of their
former small and fragmented land plots

Land consolidation projects; purposes


1. Promotion of equal distribution of
landholdings
2. Provision of the needed infrastructure in
agriculture; and
3. Conservation of soil fertility and prevention of
soil erosion.

Section 40. Special Areas of Concern

Observance of certain principles in special areas of


concern forming part of CARP
1. On subsistence fishing
2. On logging and mining concessions
3. On
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