2.3 Comprehensive Agrarian Reform Law (RA 6657) & Environmental/Forestry/Mining Laws (RA 7942, PD 705)

Comprehensive Agrarian Reform Program (CARP / CARPER: RA 6657 & RA 9700)

The Comprehensive Agrarian Reform Law of 1988 (Republic Act No. 6657), as amended by the CARP Extension with Reforms Act (CARPER / RA 9700), is the primary statute governing social justice in agricultural land distribution in the Philippines.

Scope and Retention Limits

CARP covers all public and private agricultural lands regardless of tenurial arrangement and commodity produced.

• Landowner Retention Limit: A landowner may retain a maximum of five (5) hectares of agricultural land.
• Children's Award: Each child of the landowner may be awarded up to three (3) hectares, provided the child is at least fifteen (15) years old and is actually tilling the land or directly managing the farm.
• Just Compensation: Land Bank of the Philippines (LBP) determines the valuation based on acquisition cost, current value of like properties, nature, actual use, and gross income.

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Titles under Agrarian Reform: EPs, CLOAs, and Conversion Rules

Agrarian reform beneficiaries (ARBs) receive titles issued by the Department of Agrarian Reform (DAR) and registered with the LRA.

EPs vs. CLOAs

• Emancipation Patent (EP): Title issued under Presidential Decree No. 27 (1972) specifically for tenant-farmers of private agricultural lands devoted to rice and corn.
• Certificate of Land Ownership Award (CLOA): Title issued under RA 6657 covering all other agricultural land types.

The 10-Year Restriction on Transferability

Under Section 27 of RA 6657, lands acquired by beneficiaries under CARP cannot be sold, transferred, or conveyed for a period of ten (10) years from registration of the CLOA or EP.

                    ┌── 10-Year Statutory Prohibition Period
                    │   ├─ Land cannot be sold, leased, or mortgaged.
CLOA / EP Title ────┤   └─ Exceptions: Transfer by hereditary succession,
                    │      or back to the State / LBP / qualified ARBs.
                    └── After 10 Years: Requires DAR Clearance & full payment
                        of LBP land amortization before valid transfer.

Agricultural Land Conversion Rules

Changing the economic use of agricultural land to residential, commercial, or industrial purposes requires a formal DAR Conversion Order. Executing land development or subdivision surveys for residential conversion without prior DAR conversion approval is illegal and subjects developers and surveyors to administrative and criminal penalties.

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Presidential Decree 705: Revised Forestry Code & The 18% Slope Rule

Presidential Decree No. 705 (The Revised Forestry Code of the Philippines) governs the management, protection, and land classification of forest lands.

The 18% Slope Rule (Section 15, PD 705)

Under Section 15 of PD 705, no land of the public domain eighteen percent (18%) in slope or greater shall be classified as alienable and disposable (A&D).

• Legal Effect: Any land having a topographic slope equal to or exceeding 18% is legally mandated to remain part of the public forest domain, even if it is completely stripped of trees, cleared, cultivated, or erroneously included in a land survey plan.
• Mathematical Formula: Slope percentage is computed as: $\text{Slope (\%)} = \left( \frac{\text{Vertical Rise}}{\text{Horizontal Distance}} \right) \times 100$ An 18% slope corresponds to an angle of inclination of $\arctan(0.18) \approx 10.21^\circ$.
• Surveying Duty: Geodetic Engineers conducting land classification or isolated surveys must measure terrain slopes accurately. Including lands with $\ge 18%$ slope in A&D survey returns results in plan rejection by DENR-LMS.

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Republic Act 7942: Philippine Mining Act of 1995

Republic Act No. 7942 governs mineral resource exploration, development, and utilization. Under Jura Regalia, all mineral deposits belong to the State, and surface land ownership does not confer ownership of underlying minerals.

Mining Rights & Agreement Types

1. Exploration Permit (EP): Grants the exclusive right to explore for specified minerals within a specified block for 2 years (renewable up to 6 or 8 years).
2. Mineral Production Sharing Agreement (MPSA): An agreement where the Government grants a contractor the exclusive right to conduct mining operations within a contract area, with the State receiving a share in the gross output.
3. Financial or Technical Assistance Agreement (FTAA): Contract entered into directly by the President of the Philippines with foreign-owned corporations (up to 100% foreign equity) for large-scale mining projects requiring a minimum capital investment of US $50 Million.

Exclusion Zones (No-Mining Areas)

Under Section 19 of RA 7942, mining is strictly prohibited in: national parks, protected wilderness areas, military reserves, prime agricultural lands, historic sites, public infrastructure buffer zones, and near existing water supply reservoirs.

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Presidential Decree 1586: Philippine Environmental Impact Statement System

Presidential Decree No. 1586 established the Environmental Impact Statement (EIS) system, administered by the Environmental Management Bureau (EMB) of the DENR.

ECP vs. ECA and Certificate Requirements

• Environmentally Critical Projects (ECP): Projects with high potential for significant environmental impact (e.g., heavy industries, mining, major dams, logging, reclamation). Requires a full Environmental Impact Statement (EIS) to secure an Environmental Compliance Certificate (ECC).
• Environmentally Critical Areas (ECA): Environmentally sensitive geographic zones (e.g., national parks, prime agricultural lands, flood-prone areas, areas with $\ge 30%$ slope, mangrove swamps). Projects proposed in ECAs require an Initial Environmental Examination (IEE) or EIS to secure an ECC.
• Certificate of Non-Coverage (CNC): Issued for small-scale projects not expected to impact the environment significantly, certifying exemption from the ECC requirement.