carp report

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C.A.R.P (Sec. 27) Section 27 is about prohibition. It does not prohibit transfer, only ho is eli!ible to ac"uire such lands.

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Sec 27-30

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  • C.A.R.P (Sec. 27)Section 27 is about prohibition.It does not prohibit transfer, only limits as to who is eligible to acquire such lands.

  • How do we know if we are subject to C.A.R.P?It is annotated on the COT in the Register of Deeds

  • To who may we transfer the lands acquired by means of the C.A.R.P?To the heirs (by hereditary succession)The GovernmentThe Land Bank of the PhilippinesOr other qualified beneficiaries

  • Does this mean that the lands acquired under C.A.R.P. cannot be alienated to others not listed in the exceptions?they can still be alienated.But you said it's only transferrable to the mentioned persons? Under the law, there is still hope! Why? The prohibition only limits the transfers within ten (10) years.Meaning, after ten (10) years, the owner is free to transfer it to whom he pleases.

  • Can the awarded lands be mortgaged?Yes. They can be mortgaged since it is not a prohibited transaction.

  • Can a farmer-beneficiary alienate them without complete payment of amortizations?This is possible under the express provisions of Section 27, RA 6557, second paragraph.

  • Conditions to transferPrior approval of the DAR;Transfer must be to any heir of the beneficiary; orTo any other beneficiary. Provided, that he shall cultivate the land himself.

  • What if the transferee fails to meet the conditions?The land shall be transferred to the LBP which shall give notice of the availability of the land in the manner specified for in the immediately preceding paragraph.

  • Can they be repurchased?Yes, within a period of two (2) years.

  • Who may repurchase?The children or the spouse of the transferor.

  • What if the owner has a tenant?If the owner has a tenant and he decides to sell his land, he must first make an offer to the tenant /lessee.Why? Preferential rights.Redemption Period: within ninety days from notice in writing which shall be served by the owner on all lessees affected.Legal basis? Sec. 11, R.A. 3844 or the Agricultural Land Reform Code.

  • What if it was sold to a third person without knowledge of the tenant/lessee?The tenant/lessee shall have a right to redeem the same.Redemption period: within two years from the registration of the sale, and shall have priority over any other right of legal redemption.Legal basis? Sec. 12, R.A. 3844

  • C.A.R.P (Sec. 28)Standing Crops at the Time of Acquisition. The landowner shall retain his share of any standing crops unharvested at the time the DAR shall take possession of the land under Section 16 of the Act, and shall be given a reasonable time to harvest the same.

  • Does it included growing crops?Yes, they are still unharvested.

  • How do you determine shares?Under Sec. 34, R.A. 3844, 25% to the owner and 75% for the tenant/lessee.

  • Sec. 29. What this provision says?Basically this provision lays down the rules if lands are to be distributed are owned by corporations or other business corporations.

  • What rules? In general, lands are to be distributed directly to the individual worker-beneficiaries.If it is not economically feasible and sound to divide the land, it shall be owned collectively by the worker-beneficiaries.

  • C.A.R.P (Sec. 30)Homelots and Farmlots for Members of Cooperatives. The individual members of the cooperatives or corporations mentioned in the preceding section shall be provided with homelots and small farmlots for their family use, to be taken from the land owned by the cooperative or corporation.

  • Sec. 30, What the provision is all about?It is an improvement of Section 24 of the Agrarian Land Reform Code.How? It provides for a farm-lot. In Section 24 of RA 3844, it is only a house lot.