Comprehensive Agrarian Reform Law (CARL) - United Nation Essay Example
Proclamation No - Comprehensive Agrarian Reform Law (CARL) introduction. 131 stress the need for a comprehensive, realistic and effective agrarian reform program, wherein the time the act was implemented was experiencing crisis. This act is implemented for the benefit of the welfare of the landless farmers and farmworkers for a more equitable distribution and ownership of land, with full consideration of the rights of the land owners. The aim of this act also includes the promotion of social justice among farmers/farmworkers and landowners and the innovation of the country’s farming techniques, which can help improve the production.
The act also covers the education and orientation of the farmers on ways to further improve their harvests. The CARL also reiterates redevelopment of the Philippine agriculture to be the economic priority of the state. The protection of labour is one of the primary reasons why this act was implemented. It guarantees the rights of the workers to self-organization, collective bargaining and negotiations and peaceful activities, including the right to strike in accordance with the law.
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It also promotes the principle of shared responsibility between the workers and the employers. With the help of this act the relation between the farmers/farmworkers and the employers shall strengthen and with that misunderstandings about the fruits of production shall lessen. The following are the important features of the CARL: Chapter II – Coverage Even though chapter II only tackles about the act’s coverage I still consider it as an important feature of CARL. It is a chapter wherein you can understand the scope and limitations of the said act.
It specifies the lands, priorities, exemptions, and exclusions that the act covers. It is also said in chapter II that a land owned must not exceed five (5) hectares. This chapter enumerates the limitations that this law has no jurisdiction on. This chapter also states the possible lands in which the government may consider distributing to the landless farmers. It also indicates the way of acquiring such lands. It very much defines the whole coverage of the act wherein we can know such limitations of the acquisition of the farmers of lands.
Chapter IV – Registration In order to distribute the lands properly the government should first know all those persons who own agricultural lands and those farmers who are qualified beneficiaries of the CARL. In this chapter, all persons, natural or juridical including government entities, that own or claim to own agricultural lands, whether in their names or in the name of others, except those who have already registered pursuant to Executive Order No. 229 shall file a sworn statement that he/she own such property.
The government must identify all possible agricultural lands that can be acquired by all agricultural lessees, tenants and farmworkers. Thus, this chapter shall entitle all persons who own and those farmers who are qualified to register to be one of the CARL. It is also stated in this the required data needed when registering their selves for CARL. Chapter VI – Compensation Landowners should be compensated upon agreement with the government to acquire his/her property in accordance with the agreed amount between the landowner and the DAR and the LBP.
In determining just compensation, the cost of acquisition of the land, the current value of the like properties, its nature, actual use and income, the sworn valuation by the owner, the tax declarations, and the assessment made by government assessors shall be considered. There are four (4) modes of payment of the compensation subject to the owner’s choice. First is cash payment which is hereby subject to some terms and conditions. Second is shares of stock in government-owned or controlled corporations, LBP preferred shares, physical assets or other qualified investments in accordance with guidelines set by the PARL.
Next is tax credit which can be used against any tax liability. The last one is LBP bonds which shall have terms. In the case of voluntary offers for sales the land owners shall be entitled to an additional five percent (5%) cash payment. On the other hand voluntary land transfer of the owners directly to the qualified beneficiaries is subject to the following guidelines: 1. All notices for voluntary land transfer must be submitted to the DAR within the first year of the implementation of the CARP.
Negotiations between the landowners and qualified beneficiaries covering any voluntary land transfer which remain unresolved after one (1) year shall not be recognized and such land shall instead be acquired by the government and transferred pursuant to this Act. 2. The terms and conditions of such transfer shall not be less favourable to the transferee than those of the government’s standing offer to purchase from the landowner and to resell to the beneficiaries, if such offers have been made and are fully known to both parties. . The voluntary agreement shall include sanctions for non-compliance by either party and shall be duly recorded and its implementation monitored by the DAR. In that case, payment of compensation by beneficiaries under voluntary land transfer shall be direct payments in cash or in kind may be by the farmer-beneficiary to the landowner under terms to be mutually agreed upon by both parties, which shall be binding upon them, upon registration with the approval by the DAR.
Chapter VII – Land Redistribution. In redistributing the lands, the government must consider that the beneficiaries are from the same barangay. In absence of one, the state shall consider the landless residents of the same municipality in the following order of priority: 1. Agricultural lessees and share tenants; 2. Regular farmworkers; 3. Seasonal farmworkers; 4. Other farmworkers; 5. Actual tillers or occupants of public lands; 6. Collectives or cooperatives of the above beneficiaries; and 7. Others directly working on the land.
Provided, however, that the children of landowners who are qualified under Section 6 of this Act shall be given preference in the distribution of the land of their parents and provided, further, that actual tenant-tillers in the landholdings shall not be ejected or removed therefrom. To make the distribution fair, no qualified beneficiary shall own more than three (3) hectares of agricultural lands. Chapter IX – Support Services The government’s role in this does not stop in just distributing agricultural lands to qualified beneficiaries the state also provides support services to the farmer-beneficiaries and affected landowners.
In this way the farmers’ acquired land shall be productive and shall be very beneficial to them. As for the landowners the government shall establish services designed to utilize productively the proceeds of the sale of such lands for rural industrialization. In order to cover the expenses and cost of support services, at least twenty-five percent (25%) of all appropriations for agrarian reform shall be immediately set aside and made available for this purpose.
In addition, the DAR shall be authorized to package proposals and receive grants, aid and other forms of financial assistance from any source. With this support services for the farmer-beneficiaries, their production has the tendency to rise because of the external help they would get from the government. With the assistance of the government, the farmers who can’t afford their own trails, mini-dams, public utilities, marketing and storage facilities can be provided with all of these equipment by the support services given by the government.
To strengthen the support services, The Bagong Kilusang Kabuhayan sa Kaunlaran (BKKK) secretariat shall be transferred and attached to the LBP, for its supervision including all its applicable and existing funds, personnel, properties, equipment and records. The DAR will also carry out land consolidation projects to promote equal distribution of landholdings, to provide the needed infrastructures in agriculture, and to conserve soil fertility and prevent erosion. Chapter X – Special Areas of Concern Agrarian reform program shall not only focus on farming issues but also all the other important aspects affecting agriculture in the Philippines.
The state also gives importance to areas affecting the economy of the Philippines especially agriculture. In this chapter, the special areas of concern were enumerated. When we talk about agriculture the concept of farming, fishing and etc. comes into our mind. Thus, it is just right to include the contents of this chapter in this act. Chapter XI – Program Implementation When a law is passed this should be implemented and not just set aside. With this chapter, we could see the persons and government organizations that manages and maintains this law to be implemented.
The Presidential Agrarian Reform Council (PARC), Provincial Agrarian Reform Coordinating Committee (PARCCOM), and Barangay Agrarian Reform Committee (BARC) are government organizations that helps implement this law and solve issues about the context of this law. All issues about this law will be brought to these organizations and will be decided upon by the members of that certain group. The PARC and the DAR shall have the power to issue rules and regulations, whether substantive or procedural, to carry out the objects and purposes of this Act.
Said rules shall take effect ten (10) days after publication in two (2) national newspapers of general circulation. Chapter XII – Administrative Adjudication The Department on Agrarian Reform (DAR) shall have quasi-judicial powers. It shall have primary jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive original jurisdiction over all matters involving the implementation of agrarian reform except those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the Department of Environment and Natural Resources (DENR).
It is also stated in this chapter section 53 that the DAR shall not take cognizance of any agrarian dispute or controversy unless a certification from the BARC that the dispute has been submitted to it for mediation and conciliation without any success of settlement is presented: Provided, however, That if no certification is issued by the BARC within thirty (30) days after a matter or issue is submitted to it for mediation or conciliation the case or dispute may be brought before the PARC. Chapter XIII – Judicial Review
In every offense committed there shall be a corresponding punishment or decision on that specific matter. In this chapter the Supreme Court also intervenes on agrarian reform issues. Thus, the Supreme Court shall designate at least one (1) branch of the Regional Trial Court (RTC) within each province to act as a Special Agrarian Court. The Supreme Court may designate more branches to constitute such additional Special Agrarian Courts as may be necessary to cope with the number of agrarian cases in each province.
In the designation, the Supreme Court shall give preference to the Regional Trial Courts which have been assigned to handle agrarian cases or whose presiding judges were former judges of the defunct Court of Agrarian Relations. The Regional Trial Court (RTC) judges assigned to say courts shall exercise said special jurisdiction in addition to the regular jurisdiction of their respective courts. The Special Agrarian Courts shall have the powers and prerogatives inherent in or belonging to the Regional Trial Courts. Chapter XIV – Financing
Every act or law shall need a funding source. For this law, the fund shall come from the Agrarian Reform Fund created under Sections 20 and 21 of Executive Order No. 229. Other Sources of funding or appropriations shall include the following: 1. Proceeds of the sales of the Assets Privatization Trust; 2. All receipts from assets recovered and from sales of ill-gotten wealth recovered through the Presidential Commission on Good Government; 3. Proceeds of the disposition of the properties of the Government in foreign countries; 4. Portion of amounts accruing to the Philippines from all sources of official foreign grants and concessional financing from all countries, to be used for the specific purposes of financing production credits, infrastructures, and other support services required by this Act; and 5. Other government funds not otherwise appropriated. The Land Bank of the Philippines shall be the financial intermediary for the CARP, and shall insure that the social justice objectives of the CARP shall enjoy a preference among its priorities. Effects of Economic Growth The Philippines’ economy is becoming productive these past few years.
Due to this there are effects that certainly affect not only our economy but also us, people. When we say effects it’s both advantages and disadvantages. It’s best to know both effects. Advantages 1. Higher living standards – it refers to an increase in real income per head of population. 2. Employment effects – growth stimulates more jobs to help new people as they enter the labour market. 3. Tourism boost – the country’s tourism will increase because of the facilities that the Philippines have. Disadvantages There are economic and social costs of a fast-expanding economy. . Inflation risk – If demand races ahead of aggregate supply the scene is set for rising prices. Many fast growing developing countries have seen high rates of inflation in recent years, a good example is India 2. Working hours – sometimes there are fears that a fast-growing economy places increasing demands on the hours that people work and can upset work-life balance 3. Structural change – although a growing economy will be creating more jobs, it also leads to structural changes in the pattern of jobs. Some industries will be in decline whilst others will be expanding.
Structural unemployment can rise even though it appears that a country is growing – the labour force needs to be occupationally mobile. 4. Environmental concerns: * Fast growth can create negative externalities for example higher levels of noise pollution and lower air quality arising from air pollution and road congestion * Increased consumption of de-merit goods which damages social welfare * It can leads to a huge increase in household and industrial waste which again creates external costs for society Growth that leads to environmental damage may lower the sustainable rate of growth.
Examples include the destruction of rain forests through deforestation, the over-exploitation of fish stocks and loss of natural habitat and bio-diversity created through the construction of new roads, hotels, retail malls and industrial estates. Deforestation releases more CO2 into the atmosphere each year than all of the world’s planes, trains and automobiles put together. Globally, an area almost the size of England and Wales is cut down every year releasing billions of tons of CO2 into the atmosphere. 5. Using-up scarce resources “The consequences of environmentally unsustainable production are already visible.
Increased exposure to drought, floods and environmental stress is a major impediment to realizing people’s aspirations” Source: UNDP Report, 2011 The world’s resources are limited, and recognizing this fact and trying to preserve them for future generations is vital for sustainable growth. Our rampant use of oil has run many reserves dry and each year it becomes more difficult to find new oil fields. Even water, which so many people take for granted will become a scarce resource, like many other raw materials. According to the United Nations, by 2025 1. 8bn people will be affected by water scarcity.
The pollution caused by economic growth is another concern. The Stern Report highlighted the dangers of our disregard for the environment, especially large CO2 emissions. It is predicted that many species will become extinct as forests and jungles, homes for many animals, are cut down to pave way for the growing world population. At present 16,000 species are threatened today. In 1900 according to the UN’s Global Environmental Outlook, there were 7. 91 hectares per person, while it is estimated that there will only be 1. 63 by 2050 if present trends continue.