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Agrarian Reform in the Philippines


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Agrarian Reform in the Philippines

  1. 1. For a long period of time, the agrarian system ofPhilippines was being controlled by the largelandlords. The small farmers in Philippines werestruggling for their rights to land and othernatural resources.
  2. 2. Implementation of Agrarian Reform in PhilippinesThe implementation of Agrarian reforms proceededat a very slow pace. This was due to the lack ofpolitical will. The redistribution of land was also very slow.Comprehensive Agrarian Reform Law: PhilippinesThe Republic Act No. 6657, alternatively called theComprehensive Agrarian Reform Law was signed byPresident Corazon C. Aquino on 10th June, 1988.The Comprehensive Agrarian Reform Law is responsiblefor the implementation of the Comprehensive AgrarianReform Program(CARP) in Philippines. The law focusedon industrialization in Philippines together with social justice.
  3. 3. The Comprehensive Agrarian Reform Law: ObjectivesThe primary objective of instituting the Comprehensive Agrarian Reform law was to successfully devise land reform in Philippines.It was President Arroyo, who signed the Executive Order No. 456on 23rd August to rename the Department of Land Reform asDepartment of Agrarian Reform. This had been done to expandthe functional area of the law. Apart from land reform, theDepartment of Agrarian Reform began to supervise otherallied activities to improve the economic and social status ofthe beneficiaries of land reform in Philippines.
  4. 4. CARP MeaningComprehensive Agrarian Reform Program of 1988,also known as CARP, is a Philippine state policy thatensures and promotes welfare of landless farmers andfarm workers, as well as elevation of social justice andequity among rural areas. HOME
  5. 5. Agrarian reform is a 100-year history of unfinished reforms afterthe United States took over the country from the Spaniards.Before the Hispanic period, there were no owner-cultivators,only communal land owned by the barangay which consistedof a datu, freemen, serfs and slaves.
  6. 6. The Spaniards replaced this traditional system of land ownership,similar to existing systems among several indigenous communitiestoday and distributed the land (haciendas) to the Spanish military andthe clergy or established encomiendas (administrative districts).The 1935 Constitution addressed the issue of foreign access toland, i.e. corporations must have at least 60% Filipino ownership,and use-rights were limited in time. Other reforms includedlimitations on interest rates on loans and an increase in thesharecropping share from 50% to 70%. But very little of theselaws were really followed in practice and the Huk rebellion was born.
  7. 7. Under the Magsaysay and the Macapagal administrations, landreform was again tackled, such as the Mindanao resettlementprogram and the Land Reform Act of 1955. but no significantresults were really achieved in terms of scope and magnitudeof land transfer.With martial law, the whole Philippines was declared a land reform area under PD 27. Significant progress was made, but the continuedpractice of the share tenancy system, coverage limitation to rice andcorn lands, the many exemptions allowed and the shortcomings insupport systems (although it was Marcos who set up the new AgrarianReform Department) did much to limit the effectivity of the reforms inaddressing the over-concentration of wealth problem and rural poverty.
  8. 8. The CARP years since 1988 – for the first time the program covered allagriculture lands regardless of crop and tenurial arrangements. Landdistribution increased substantially – about 7 million hectares withabout 4.2 million farmer beneficiaries. But the total figures hidedisturbing underperformances. - and only about 1.5 million hectares of private agricultural lands have been covered for an accomplishment rate of only about 50% after twenty years. - Moreover the lack of support services, funding and infrastructure, is still prevalent. Of the original estimate of P220 billion to complete the program, only P203 billion have been budgeted by Congress, of which only about P170 billion have been released. HOME
  9. 9. While there is significant empirical evidence that agrarian reformhas yielded significant benefits and has the potential for evengreater benefits, the fact is that it has encountered implementationproblems.Regardless of the problems encountered by CARP, the pointis that CARP is not the cause of the continuing poverty northe obstacle to solving it. On the contrary, completing CARPin accordance with the mandate of the Constitution is anecessary condition to correct social injustice, and achievesound agricultural development and economic growth.
  10. 10. Of course, agrarian reform is not a panacea that will solve allour problems. Neither is education, nor health care, norindustrialization nor clean elections, nor honest leadership.The fact is that the path to growth with equity is a complexprocess because we need all the programs working togetherto succeed.In the final analysis, the future of CARP is a political decisionof those in power with respect to two questions: - How much reforms is the government willing to implement? - How much resources is government willing to devote to such reforms? HOME
  11. 11. Department of Agrarian Reform is the lead implementingagency of Comprehensive Agrarian Reform Program(CARP). It undertakes land tenure improvement anddevelopment of program beneficiaries. DAR conductsland survey in resettlement areas. It undertakes landacquisition and distribution and land management studies.The DAR also orchestrates the delivery of support servicesto farmer-beneficiaries and promotes the developmentof viable agrarian reform communities.
  12. 12. The DAR logo shows the Departments acronym representing the institution and itsrole as the lead agency in the implementation of the Comprehensive Agrarian ReformProgram (CARP).Green stands for fertility and productivity while yellow represents hopeand a golden harvest of agrarian reform beneficiaries who are the recipientsof the services provided by the Department via CARP. Both colors imply thateconomic growth and sound rural development can be achieved throughagrarian reform.
  13. 13. Mandate The Department of Agrarian Reform (DAR) leads the implementation of the Comprehensive Agrarian Reform Program (CARP) through land tenure improvement,agrarian justice, and coordinated delivery of essential support services to client-beneficiaries.
  14. 14. Mission"To lead in the implementation of agrarian reform and sustainable rural development in the countryside through land tenure improvement and provision of integrated development services to landless farmers, farmworkers and small landowner-cultivators, and the delivery of agrarian justice".
  15. 15. Vision"A nation where there is equitable land ownership and empowered agrarian reform beneficiaries who are effectively managing their economic and social development for a better quality of life"
  16. 16. Present Secretary of DARPrior to his official appointment as Agrarian Reform Secretarylast 30 June 2010, Secretary Virgilio de los Reyes wasVice-Dean of the College of Law of the De La Salle University in Manila. HOME
  18. 18. SECTION 1Declaration of Principles and Policies. - It is the policy of the State to pursue aComprehensive Agrarian Reform Program (CARP). The welfare of the landless farmersand farmworkers will receive the highest consideration to promote socialjustice and to move the nation toward sound rural development and industrialization,and the establishment of owner cultivatorship of economic-size farms as thebasis of Philippine agriculture."The State shall promote industrialization and full employment based onsound agricultural development and agrarian reform. "The State recognizes that there is not enough agricultural land to be divided and distributed to each farmer and regular farmworker so that each one can own his/her economic-size family farm.
  19. 19. "A more equitable distribution and ownership of land, with due regard to the rightsof landowners to just compensation."The agrarian reform program is founded on the right of farmers and regularfarmworkers, who are landless, to own directly or collectively the lands they till or,in the case of other farmworkers, to receive a just share of the fruits thereof. "As much as practicable, the implementation of the program shall be community-based to assure, among others, that the farmers shall have greater control of farmgate prices, and easier access to credit. "The State shall recognize the right of farmers, farmworkers and landowners, as well as cooperatives and other independent farmers’ organizations, to participate in the planning, organization, and management of the program,
  20. 20. "The State shall recognize and enforce, consistent with existing laws, the rights ofrural women to own and control land, taking into consideration the substantiveequality between men and women as qualified beneficiaries,"The State shall apply the principles of agrarian reform, or stewardship, wheneverapplicable, in accordance with law, in the disposition or utilization of other naturalresources,"The State may resettle landless farmers and farm workers in its own agriculturalestates, which shall be distributed to them in the manner provided by law."By means of appropriate incentives, the State shall encourage the formation and maintenance of economic-size family farms to be constituted by individualbeneficiaries and small landowners.
  21. 21. "The State shall protect the rights of subsistence fishermen, especially of localcommunities, to the preferential use of communal marine and fishingresources, both inland and offshore. It shall provide support to such fishermenthrough appropriate technology and research, adequate financial, production andmarketing assistance and other services."The State shall be guided by the principles that land has a social function and land ownership has a social responsibility. Owners of agricultural land have theobligation to cultivate directly or through labor administration the lands they ownand thereby make the land productive."The State shall provide incentives to landowners to invest the proceeds of theagrarian reform program to promote industrialization, employment andprivatization of public sector enterprises."The State may lease undeveloped lands of the public domain to qualified entities for the development of capital-intensive farms, and traditional and pioneeringcrops especially those for exports subject to the prior rights of the beneficiaries under this Act."
  22. 22. SECTION 2Definitions. - Farmer refers to a natural person whose primary livelihood iscultivation of land or the production of agricultural crops, livestockand/or fisheries either by himself/herself, or primarily with theassistance of his/her immediate farm household, whether theland is owned by him/her, or by another person under a leasehold orshare tenancy agreement or arrangement with the owner thereof.Rural women refer to women who are engaged directly or indirectly in farmingand/or fishing as their source of livelihood, whether paid or unpaid, regular orseasonal, or in food preparation, managing the household, caring for the children,and other similar activities."
  23. 23. SECTION 3Scope. - The Comprehensive Agrarian Reform Law of 1988 shall cover, regardlessof tenurial arrangement and commodity produced, all public and privateagricultural lands as provided in Proclamation No. 131 and Executive Order No.229, including other lands of the public domain suitable for agriculture."More specifically, the following lands are covered by the CARP: "(a) All alienable and disposable lands of the public domain devoted to or suitable for agriculture. "(b) All lands of the public domain in excess of the specific limits as determined by Congress in the preceding paragraph; "(c) All other lands owned by the Government devoted to or suitable for agriculture; "(d) All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon.
  24. 24. SECTION 4Exception to Retention Limits. - Provincial, city and municipal government ,unitsacquiring private agricultural lands by expropriation or other modes ofacquisition to be used for actual, direct and exclusive public purposes, such asroads and bridges, public markets, school sites, resettlement sites, localgovernment facilities, public parks and barangay plazas or squares, consistentwith the approved local comprehensive land use plan, shall not be subject to thefive (5)-hectare retention limit.Provided, That lands subject to CARP shall first undergo the land acquisition anddistribution process of the program: Provided, further, That when these landshave been subjected to expropriation, the agrarian reform beneficiaries thereinshall be paid just compensation."
  25. 25. Review of Limits of Land Size. - Within six (6) months from the effectivity of thisAct, the DAR shall submit a comprehensive study on the land size appropriate foreach type of crop to Congress for a possible review of limits of land sizesprovided in this Act."
  26. 26. SECTION 5Priorities. - The DAR, in coordination with the Presidential Agrarian ReformCouncil (PARC) shall plan and program the final acquisition and distributionof all remaining unacquired and undistributed agricultural lands from theeffectivity of this Act until June 30, 2014. Lands shall be acquiredand distributed as follows: "Phase One: During the five (5)-year extension period hereafter all remaining lands above fifty (50) hectares shall be covered for purposes of agrarian reform upon the effectivity of this Act. "Phase Two: (a) Lands twenty-four (24) hectares up to fifty (50) hectares shall likewise be covered for purposes of agrarian reform upon the effectivity of this Act, which have already been subjected to a notice of coverage issued on or before December 1O, 2008, to implement principally the rights of farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till,
  27. 27. SECTION 5Priorities. - The DAR, in coordination with the Presidential Agrarian ReformCouncil (PARC) shall plan and program the final acquisition and distributionof all remaining unacquired and undistributed agricultural lands from theeffectivity of this Act until June 30, 2014. Lands shall be acquiredand distributed as follows: "Phase One: During the five (5)-year extension period hereafter all remaining lands above fifty (50) hectares shall be covered for purposes of agrarian reform upon the effectivity of this Act. "Phase Two: Lands twenty-four (24) hectares up to fifty (50) hectares shall likewise be covered for purposes of agrarian reform upon the effectivity of this Act, which have already been subjected to a notice of coverage issued on or before December 1O, 2008, to implement principally the rights of farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till. "Phase Three: All other private agricultural lands commencing with large landholdings and proceeding to medium and small landholdings under the following schedule:
  28. 28. SECTION 6 Procedure for Acquisition and Distribution of Private Lands SECTION 7Determination of Just Compensation. - In determining just compensation, thecost of acquisition of the land, the value of the standing crop, the current: valueof like properties, its nature, actual use and income, the sworn valuation by theowner, the tax declarations, the assessment made by governmentassessors, translated into a basic formula by the DAR shall be considered, subjectto the final decision of the proper court.
  29. 29. SECTION 8Order of Priority. - A landholding of a landowner shall be distributed first toqualified beneficiaries of that same landholding up to a maximum of three (3)hectares each. Only when these beneficiaries have all received three (3) hectareseach, shall the remaining portion of the landholding, if any, be distributed to otherbeneficiaries. SECTION 9Award to Beneficiaries. - The rights and responsibilities of the beneficiariesshall commence from their receipt of a duly registered emancipation patent orcertificate of land ownership award and their actual physical possession of theawarded land. Such award shall be completed in not more than one hundredeighty (180) days from the date of registration of the title in the name of theRepublic of the Philippines. "All cases involving the cancellation of registered emancipation patents, certificates of land ownership award, and other titles issued under any agrarian reform program are within the exclusive and original jurisdiction of the Secretary of the DAR."
  30. 30. SECTION 10Award Ceilings for Beneficiaries. - Beneficiaries shall be awarded an area notexceeding three (3) hectares, which may cover a contiguous tract of land orseveral parcels of land cumulated up to the prescribed award limits. SECTION 11Payment by Beneficiaries. - Lands awarded pursuant to this Act shall be paid forby the beneficiaries to the LBP in thirty (30) annual amortizations at six percent(6%) interest per annum. The annual amortization shall start one (1) year fromthe date of the certificate of land ownership award registration. However, if theoccupancy took place after the certificate of land ownership awardregistration, the amortization shall start one (1) year from actual occupancy. Thepayments for the first three (3) years after the award shall be at reduced amountsas established by the PARC:
  31. 31. SECTION 12Transferability of Awarded Lands. - Lands acquired by beneficiaries underthis Act or other agrarian reform laws shall not be sold, transferred orconveyed except through hereditary succession, or to the government. SECTION 13Funding for Support Services. - In order to cover the expenses and cost ofsupport services, at least forty percent (40%) of all appropriations for agrarianreform during the five (5) year extension period shall be immediately set asideand made available for this purpose: Provided, That the DAR shall pursueintegrated land acquisition and distribution and support services strategyrequiring a plan to be developed parallel to the land acquisition and distributionprocess.
  32. 32. SECTION 14Support Services for the Agrarian Reform Beneficiaries. - The State shall adoptthe integrated policy of support services delivery to agrarian reformbeneficiaries. To this end, the DAR, the Department of Finance, and the BangkoSentral ng Pilipinas (BSP) shall institute reforms to liberalize access to credit byagrarian reform beneficiaries. SECTION 15Equal Support Services for Rural Women. - Support services shall be extendedequally to women and men agrarian reform beneficiaries."The PARC shall also ensure that rural women will be able to participate in allcommunity activities. To this effect, rural women are entitled to self-organization in order to obtain equal access to economic opportunities and tohave access to agricultural credit and loans, marketing facilities andtechnology, and other support services, and equal treatment in land reform andresettlement schemes.
  33. 33. SECTION 16Support Services for Landowners. - The PARC, with the assistance of such othergovernment agencies and instrumentalities as it may direct, shall providelandowners affected by the CARP and prior agrarian reform programs with the following services: "(a) Investment information, financial and counseling assistance, particularly investment information on government-owned and/or -controlled corporations and disposable assets of the government in pursuit of national industrialization and economic independence: "(b) Facilities, programs and schemes for the conversion or exchange of bonds issued for payment of the lands acquired with stocks and bonds issued by the National Government, the BSP and other government institutions and instrumentalities; "(c) Marketing of agrarian reform bonds, as well as promoting the marketability of said bonds in traditional and non-traditional financial markets and stock exchanges: "(d) Other services designed t o utilize productively the proceeds of the sale of such lands for rural industrialization.
  34. 34. SECTION 17The Presidential Agrarian Reform Council. - The Presidential Agrarian Reform Council(PARC) shall be composed of the President of the Philippines as Chairperson, the Secretaryof Agrarian Reform as Vice-Chairperson and the following as members: Secretaries of theDepartments of Agriculture; Environment and Natural Resources; Budget andManagement; Interior and Local Government; Public Works and Highways; Trade andIndustry; Finance; and Labor and Employment; Director-General of the National Economicand Development Authority; President, Land Bank of the Philippines; Administrator,National Irrigation Administration; Administrator, Land Registration Authority; and (6)representatives of affected landowners to represent Luzon, Visayas and Mindanao; (6)representatives of agrarian reform beneficiaries, (2) each from Luzon, Visayas andMindanao: Provided, That at least (1) of them shall be from the indigenous peoples:Provided, further, That at least (1)of them shall come from a duly recognized nationalorganization of rural women or a national organization of agrarian reform beneficiarieswith a substantial number of women members: Provided, finally, That at least twentypercent (20%) of the members of the PARC shall be women but in no case shall they beless than (2).
  35. 35. SECTION 18Quasi-Judicial Powers of the DAR. - The DAR is hereby vested with primaryjurisdiction to determine and adjudicate agrarian reform matters and shallhave exclusive original jurisdiction over all matters involving the implementationof agrarian reform, except those falling under the exclusive jurisdiction of theDepartment of Agriculture (DA) and the DENR."It shall have the power to summon witnesses, administer oaths, take testimony, require submission of reports, compel the production of books and documents and answers to interrogatories and issue subpoena, and subpoena duces tecumand to enforce its writs through sheriffs or other duly deputized officers. It shalllikewise have the power to punish direct and indirect contempts in the samemanner and subject to the same penalties as provided in the Rules of Court.
  36. 36. SECTION 19Exclusive Jurisdiction on Agrarian Dispute. - No court or prosecutors office shalltake cognizance of cases pertaining to the implementation of the CARP exceptthose provided under Section 57 of Republic Act No. 6657, as amended. If there isan allegation from any of the parties that the case is agrarian in nature and one ofthe parties is a farmer, farmworker, or tenant, the case shall be automaticallyreferred by the judge or the prosecutor to the DAR which shall determine andcertify within fifteen (15) days from referral whether an agrarian dispute exists. SECTION 20No Restraining Order or Preliminary Injunction. -Except for the Supreme Court,no court in the Philippines shall have jurisdiction to issue any restraining order orwrit of preliminary injunction against the PARC, the DAR, or any of its dulyauthorized or designated agencies in any case, dispute or controversy arisingfrom, necessary to, or in connection with the application, implementation,enforcement, or interpretation of this Act and other pertinent laws on agrarianreform."
  37. 37. SECTION 21Funding Source. - The amount needed to further implement the CARP as providedin this Act, until June 30, 2014, upon expiration of funding under Republic ActNo. 8532 and other pertinent laws, shall be funded from the Agrarian ReformFund and other funding sources in the amount of at least One hundred fiftybillion pesos (P150,000,000,000.00). SECTION 22Conversion of Lands. - After the lapse of five (5) years from its award, when theland ceases to be economically feasible and sound for agricultural purposes, orthe locality has become urbanized and the land will have a greater economicvalue for residential, commercial or industrial purposes, the DAR, uponapplication of the beneficiary or the landowner with respect only to his/herretained area which is tenanted, with due notice to the affected parties, andsubject to existing laws, may authorize the reclassification or conversion of theland and its disposition.
  38. 38. SECTION 23Immunity of Government Agencies from Undue Interference. - In cases fallingwithin their jurisdiction, no injunction, restraining order, prohibition or mandamus shall be issued by the regional trial courts, municipal trial courts, municipalcircuit trial courts, and metropolitan trial courts against the DAR, the DA, theDENR, and the Department of Justice in their implementation of the program." HOME