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This page features the full text of
Republic Act No. 7905
AN
ACT TO STRENGTHEN THE IMPLEMENTATION OF THE COMPREHENSIVE AGRARIAN
REFORM
PROGRAM, AND FOR OTHER PURPOSES.
REPUBLIC
ACT NO. 7905AN
ACT TO STRENGTHEN THE IMPLEMENTATION OF THE COMPREHENSIVE
AGRARIAN REFORM PROGRAM, AND FOR OTHER PURPOSES.
SECTION
1. Section 35 of Republic
Act No. 6657, otherwise known as the "Comprehensive Agrarian Reform Law
of 1988", is hereby amended to read as follows:chanroblesvirtualawlibrary
"Sec.
35. Creation of Support Services
Office. — There is hereby created the Office of Support Services under
the DAR to be headed by an Undersecretary.
chanrobles virtuallaw libraryred"The
Office shall provide general support and coordinative services in the
implementation
of the program, particularly in carrying out the provisions of the
following
services to farmer beneficiaries and affected landowners:chanroblesvirtualawlibrary"(1) Irrigation
facilities, especially second crop or dry season irrigation facilities;
chanrobles virtuallaw libraryred"(2) Infrastructure
development and public works projects in areas and settlements that
come
under agrarian reform, and for this purpose, the preparation of the
physical
development plan of such settlements providing suitable barangay sites,
potable water and power resources, irrigation systems, seeds and
seedling
banks, post harvest facilities, and other facilities for a sound
agricultural
development plan.For the purpose
of providing the aforecited infrastructure and facilities, the DAR is
authorized
to enter into contracts with interested private parties on long term
basis
or through joint-venture agreements or build-operate-transfer scheme;
"(3) Government
subsidies for the use of irrigation facilities;
"(4) Price
support and guarantee for all agricultural produce;
"(5) Extending
to small landowners, farmers and farmers' organizations the necessary
credit,
like concessional and collateral-free loans, for agro-industrialization
based on social collaterals like the guarantees of farmers'
organizations;
"(6) Promoting,
developing and extending financial assistance to small and medium-scale
industries in agrarian reform areas;
"(7) Assigning
sufficient numbers of agricultural extension workers to farmers'
organizations;
"(8) Undertake
research, development and dissemination of information on agrarian
reform,
plants and crops best suited for cultivation and marketing, and
low-cost
and ecologically sound farm inputs and technologies to minimize
reliance
on expensive and imported agricultural inputs;
"(9) Development
of cooperative management skills through intensive training;
"(10) Assistance
in the identification of ready markets for agricultural produce and
training
in the other various aspects of marketing;
"(11) Conduct
an effective information dissemination system through the Department of
Agriculture to promote marketing and minimize spoilage of agricultural
produce and products;
"(12) Create
a credit guarantee fund for agricultural landowners that will enhance
the
collateral value of agricultural lands that are affected or will be
affected
by coverage under the agrarian reform program; and
"(13) Administration,
operation, management and funding of support services programs and
projects
including pilot projects and models related to agrarian reform as
developed
by the DAR."
Sec.
2. Section 36 of the same law
is hereby amended to read as follows:chanroblesvirtualawlibrary
"Sec.
36.Funding for Support Services. —
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: Provided, That for the
next
five (5) years, a minimum of one (1) Agrarian Reform Community (ARC)
shall
be established by the DAR, in coordination with the local government
units,
non-governmental organizations and people organizations in each
legislative
district with a predominant agricultural population: Provided, further,
That the areas in which the ARCs are to be established shall have been
fully subjected under this law.chanrobles virtuallaw libraryred"For
this purpose, an Agrarian Reform Community shall be defined as a
barangay
or a cluster of barangays primarily composed and managed by Agrarian
Reform
Beneficiaries who shall be willing to be organized and undertake the
integrated
development of an area and/or their organizations/cooperative.In
each community, the DAR, together with the agencies and organizations
abovementioned,
shall identify the farmers association, cooperative or their respective
federation approved by the farmers-beneficiaries that shall take the
lead
in the agricultural development of the area.In
addition, the DAR shall be authorized to package proposals and receive
grants, aid and other forms of financial assistance from any source."
Sec.
3. Section 44 of the same law
is hereby amended as follows:chanroblesvirtualawlibrary
"Sec.
44. Provincial Agrarian Reform
Coordinating Committee (PARCCOM). — A Provincial Agrarian Reform
Coordinating
Committee is hereby created in each province, composed of a Chairman,
who
shall be appointed by the President upon the recommendation of the
EXCOM,
the Provincial Agrarian Reform Officer as Executive Officer, and one
(1)
representative each from the Departments of Agriculture, and of
Environment
and Natural Resources and from the LBP; one (1) representative each
from
existing farmers' organizations, agricultural cooperatives and
non-governmental
organizations in the province; two (2) representatives from landowners,
at least one (1) of whom shall be a producer representing the principal
crop of the province, and two (2) representatives from farmer and
farmworker
or beneficiaries, at least one (1) of whom shall be a farmer or
farmworker
representing the principal crop of the province, as members: Provided,
That in areas where there are cultural communities, the latter shall
likewise
have one (1) representative. "The
PARCCOM shall coordinate and monitor the implementation of the CARP in
the province.It shall provide information
on the provisions of the CARP, guidelines issued by the PARC and on the
progress of the CARP, in the province; in addition, it shall:chanroblesvirtualawlibrary"(a) Recommend
to the PARC the following:chanroblesvirtualawlibrary"(1) Market
prices to be used in the determination of the profit sharing obligation
of agricultural entities in the province;chanrobles virtuallaw libraryred"(2) Adoption
of the direct payment scheme between the landowner and the farmer
and/or
farmworker beneficiary: Provided, that the amount and terms of payment
are not more burdensome to the agrarian reform beneficiary than under
the
compulsory coverage provision of the CARL: Provided, further,
That
the agrarian reform beneficiary agrees to the amount and terms of
payment: Provided,
furthermore, That the DAR shall act as mediator in cases of
disagreement
between the landowner and the farmer and/or farmworker beneficiary; Provided,
finally, That the farmer and/or farmer beneficiary shall be
eligible
to borrow from the LBP an amount equal to eighty-five percent (85%) of
the selling price of the land that they have acquired;
"(3) Continuous
processing of applications for lease back arrangements, joint-venture
agreements
and other schemes that will optimize the operating size for
agricultural
production and also promote both security of tenure and security of
income
to farmer beneficiaries: Provided, That lease back
arrangements
should be the last resort."
Sec.
4. Section 45 of the same law
is hereby amended to read as follows:chanroblesvirtualawlibrary
"Sec.
45.Province-by-province Implementation.
— The PARC shall provide the guidelines for the province-by-province
implementation
of the CARP, taking into account the peculiarities and needs of each
place,
kind of crops needed or suited, land distribution workload,
beneficiaries
development activities and other factors prevalent or obtaining in the
area.In all cases, the implementing
agencies at the provincial level shall promote the development of
identified
ARCs without neglecting the needs and problems of other beneficiaries.The
ten-year program of distribution of public and private land in each
province
shall be adjusted from year to year by the province's PARCCOM in
accordance
with the level of operations previously established by the PARC, in
every
case ensuring that support services are available or have been
programmed
before actual distribution is effected."
Sec.
5.This Act shall take effect upon
its approval.
Approved:
February 23, 1995
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