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Five Hectares Is The Retention Limit. No Person May Own or Retain, Directly or Indirectly

The document discusses key aspects of the Comprehensive Agrarian Reform Program (CARP) enacted on June 15, 1988 in the Philippines. CARP aims to redistribute public and private agricultural lands to landless farmers and farmworkers. The Supreme Court has ruled that lands used for livestock, poultry, and swine raising are exempt from land reform. Retention is limited to five hectares per person. The Supreme Court has also excluded lands devoted to commercial livestock, poultry, and swine raising from CARP coverage.

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Ivan Tello
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35 views2 pages

Five Hectares Is The Retention Limit. No Person May Own or Retain, Directly or Indirectly

The document discusses key aspects of the Comprehensive Agrarian Reform Program (CARP) enacted on June 15, 1988 in the Philippines. CARP aims to redistribute public and private agricultural lands to landless farmers and farmworkers. The Supreme Court has ruled that lands used for livestock, poultry, and swine raising are exempt from land reform. Retention is limited to five hectares per person. The Supreme Court has also excluded lands devoted to commercial livestock, poultry, and swine raising from CARP coverage.

Uploaded by

Ivan Tello
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1.

Significance of June 15, 1988


June 15, 1988 is the date where Comprehensive Agrarian Reform Program was enacted.
Although it was dated June 10, 1988, it was only printed on June 15, 1988.

2. What is CARP?
Comprehensive Agrarian Reform Program or CARP, is the redistribution of public and
private agricultural lands to farmers and farmworkers who are landless, irrespective of tenurial
arrangement.

3. DAR vs. Sutton on livestock (cattle); exemptions in the coverage of CARP


In the case of DAR vs. Sutton, the Supreme Court held that those lands devoted to
livestock, poultry, and swine raising are exempt from agrarian reform.

4. Section 10 of CARP (regarding exemption on penal colonies, lands ADE for necessary use of
penal colonies, provided directly tilled by the inmates)

5. Retention limit (corporations, separate and distinct personality) and its directors
Five hectares is the retention limit. No person may own or retain, directly or indirectly,
any public or private agricultural land, the size of which shall vary according to factors
governing a viable family-sized farm, such as commodity produced, terrain, infrastructure, and
soil fertility as determined by the Presidential Agrarian Reform Council (PARC), but in no case
shall the retention limit exceed five (5) hectares.

6. Luz Farms case on exemption of poultry lands from the coverage of CARP, provided that
these poultry are used for human consumption.

In the case of Luz Farms v. Secretary of Agrarian Reform,1 the Supreme Court has
excluded agricultural Lands Devoted to Commercial Livestock, Poultry and Swine Raising from
the coverage of CARL because it was never the intention of the Framers to include such as
discussed in their deliberations.

10. Definition of Agricultural Land (as defined in CARL)

Under Section 3 of R.A. 6657, Agricultural Land refers to land devoted to agricultural
activity as defined in this Act and not classified as mineral, forest, residential, commercial or
industrial land.

1
192 SCRA 51.

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