Comprehensive agrarian reform law of 1988

Original citation Over the past century Western industrialized nations have attempted to reorganize the rest of the planet to live by their understanding of the natural and social world. In many ways they have been very successful in this endeavor. Over the period a world economic system has emerged with which communities must increasingly interact. Since governments everywhere are under increasing pressure to establish and maintain the legislative, political and economic institutions that are necessary to ensure formal economic development, we need to understand the key principles which underpin such developments.

Comprehensive agrarian reform law of 1988

Republic Act No. 6657

Declaration of Principles and Policies. 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 nation, shall be undertaken to provide farmers and farm workers with the opportunity to enhance their dignity and improve the quality of their lives through greater productivity of agricultural lands.

The agrarian reform program is founded on the right of farmers and regular farm workers, who are landless, to own directly or collectively the lands they till or, in the case of other farm workers, to receive a share of the fruits thereof.

To this end, the State shall encourage the just distribution of all agricultural lands, subject to the priorities and retention limits set forth in this Act, having taken into account ecological, developmental, and equity considerations, and subject to the payment of just compensation.

The State shall respect the right of small landowners and shall provide incentives for voluntary land-sharing. The State shall recognize the right of farmers, farm workers and landowners, as well as cooperatives and other independent farmers' organization, to participate in the planning, organization, and management of the program, and shall provide support to agriculture through appropriate technology and research, and adequate financial, production, marketing and other support services.

The State may resettle landless farmers and farm workers in its own agricultural estates, which shall be distributed to them in the manner provided by law.

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By means of appropriate incentives, the State shall encourage the formation and maintenance of economic-sized family farms to be constituted by individual beneficiaries and small landowners.

The State shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of communal marine and fishing resources, both inland and offshore. It shall provide support to such fishermen through appropriate technology and research, adequate financial, production and marketing assistance and other services, The State shall also protect, develop and conserve such resources.

The protection shall extend to offshore fishing grounds of subsistence fishermen against foreign intrusion.

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Fishworkers shall receive a just share from their labor in the utilization of marine and fishing resources. The State shall be guided by the principles that land has a social function and land ownership has a social responsibility.

Owners of agricultural land have the obligation to cultivate directly or through labor administration the lands they own and thereby make the land productive.

The State shall provide incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization, employment and privatization of public sector enterprises.

Financial instruments used as payment for lands shall contain features that shall enhance negotiability and acceptability in the marketplace. The State may lease undeveloped lands of the public domain to qualified entities for the development of capital-intensive farms, traditional and pioneering crops especially those for exports subject to the prior rights of the beneficiaries under this Act.

As amended by R. It includes any controversy relating to compensation of lands acquired under this Act and other terms and conditions of transfer of ownership from landowners to farm workers, tenants and other agrarian reform beneficiaries, whether the disputants stand in the proximate relation of farm operator and beneficiary, landowner and tenant, or lessor and lessee.

It does not include land which has become unproductive by reason of force majeure or any other fortuitous event: Provided, that prior to such event, such land was previously used for agricultural or other economic purposes. The term includes an individual whose work has ceased as a consequence of, or in connection with, a pending agrarian dispute who has not obtained a substantially equivalent and regular farm employment.

A juridical person may be a member of a cooperative, with the same rights and duties as a natural person. More specifically, the following lands are covered by the Comprehensive Agrarian Reform Program: No reclassification of forest or mineral lands to agricultural lands shall be undertaken after the approval of this Act until Congress, taking into account ecological, developmental and equity considerations, shall have determined by law, the specific limits of the public domain; b All lands of the public domain in excess to the specific limits as determined by Congress in the preceding paragraph; c All other lands owned by the Government devoted to or suitable for agriculture; andchan robles virtual law library d All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon.

Three 3 hectares may be awarded to each child of the landowner, subject to the following qualifications: Provided, That landowners whose lands have been covered by Presidential Decree No. The right to choose the area to be retained, which shall be compact or contiguous, shall pertain, to the landowner: Provided, however, That in case the area selected for retention by the landowner is tenanted, the tenant shall have the option to choose whether to remain therein or be a beneficiary in the same or another agricultural land with similar or comparable features.

In case the tenant chooses to remain in the retained 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 another agricultural land, he loses his right as a leaseholder to the land retained by the landowner. The tenant must exercise this option within a period of one 1 year from the time the landowner manifests his choice of the area for retention.

In all cases, the security of tenure of the farmers or farm workers on the land prior to the approval of this Act shall be respected. Upon the effectivity of this Act, any sale, disposition, lease, management contract or transfer of possession of private lands executed by the original landowner in violation of this Act shall be null and void:The Comprehensive Agrarian Reform Law was laid down in the year , to protect the agricultural workers in Philippines.

The comprehensive agrarian reform law aimed at helping the small and marginal farmers of Philippines by providing them easy access to land and other necessary inputs.

This Act institutes the Comprehensive Agrarian Reform Program (CARP). CARP takes as its declared aim "the establishment of owner cultivatorship of economic-size farms as the basis of Philippine agriculture" (Section 2).

The Comprehensive Agrarian Reform Law of covers, regardless of tenurial arrangement and crop produced, all public and private agricultural lands as provided in Proclamation No. and Executive Order No. , including other lands of the public domain suitable for agriculture. Full text of Book I of the Local Government Code of the Philippines.

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by Antonio Ramirez. Antonio Ramirez received his law degrees from the Universidad Católica Andres Bello (Venezuela) and Duke University Law School, and a library science degree from St. John´s University (U.S.A.).

Comprehensive agrarian reform law of 1988

He currently works as a reference librarian at the St. John´s University Law School Library. CARP stands for theComprehensive Agrarian Reform Program, a government initiative that aims to grant landless farmers and farmworkers ownership of agricultural iridis-photo-restoration.com was signed into law by President Corazon C.

Aquino on June 10, , and was scheduled to have been completed in On the year of its deadline, Congress enacted a law (Republic Act No. ) appropriating additional .

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