Transcript of "Agrarian Reform"

1. 1. PART IAGRARIANREFORM
2. 2. CONCEPTSASPECTS OF AGRARIAN REFORMIMPLEMENTATION OF
AGRARIANREFORMCOMPARATIVE AGRARIAN REFORMPROGRAMSAGRARIAN
REFORM AND BALANCEDDEVELOPMENT
3. 3. A. CONCEPT
4. 4. Meaning of Land Reform Reform implies the existence of a defectthat something is
deformed of malformed anddoes not suit existing conditions. In broad sense, land reform
refers to thefull range of measures that may or should betaken to improve or remedy the
defects in therelations among men with respect to theirrights in land.
5. 5. The term has also been defined as anintegrated set of measures designed toeliminate
obstacles to economic and socialdevelopment arising out of defects in theagrarian
structure.Land reform thus involves the transformationof agrarian structure or what are
sometimescalled structural reforms.Land reform is often used interchangeablywith
agrarian reform but in actuality, thelatter is much broader than the reformer.
6. 6. Meaning of Agrarian Structure In the above context, agrarian structure is defined as a
complex set of relationship within the agricultural sector among tenure structure, production
structure and the structure of supporting services. A comprehensive land reform program
can never be complete without integrated reforms of all three structures.
7. 7. Meaning of Land Tenure StructureLand tenure structure is a concept whichrefers to one or
more types of land tenuresystems regulating the rights to ownershipand control and usage of
land and the dutiesaccompanying such tights.
8. 8. Agricultural tenancy, as a manner of holdingagricultural lands, is only one of severalforms
of land tenure or rights in land. Itinvolves the question of whether sharetenancy or leasehold
tenancy is adopted.Under share tenancy, tillers work on theland as sharecroppers entitled to
share inthe produce of the land.
9. 9. One of the main defects of our countryagrarian structure was the high proportionof share
tenancy in our country. In thisregard, our Code of Agrarian Reformsautomatically converts
tenants to lessees.(Sec. 4, infra.) The next stage is theconversion of the lessee to
amortizingowner; and finally to own-cultivator. (Sec.2[1], infra.) Pursuant to Presidential
DecreeNo.27, tenant-farmers are deemedamortizing owners of rice and/or corn landsthey till.
10. 10. Example of Land Tenure Reform Measures Land tenure reform measures would include
the following: 1. Redistribution of private lands 2. Distribution of lands in the public domain,
sometimes also referred to as resettlement or colonization 3. Regulation of tenancy 4.
Regulation of agricultural labor contracts and wages; and 5. Elimination of absentee
landlordism and transfer of land ownership to the actual tillers.
11. 11. Meaning of Production StructureProduction structure is a concept whichrelates to the
nature, type and modusoperandi as well as the actual process ofproduction or farm
operation.It is also directly related to thesize, location and shape of the productionunit
holding, which may be operated singlyor with assistance from others.

12. 12. Examples of Production Structures Distinguished The following would fall under
production reform measures:1. Consolidation of small, uneconomic holdings to insure
optimum utilization2. Imposition of a floor on holdings of uneconomic size beyond which
subdivision is to be prevented3. Promotion of cooperative or compact farming among sub
marginal farmers4. imposition of a ceiling on holdings of non- cultivating owners5.
Organization of crop rotation system
13. 13. Land Tenure and Production Structures DistinguishedThe land tenure structure must
bedistinguished from the productionstructure as it is necessary to make adistinction between
the concept of rightsin land and the concept of production anduse of land. Essentially, this
implies aclear distinction between the ownershipholding and the operation holding.
14. 14. The first concept referring to the rights overland, whether in terms of full ownership or
ascircumscribed by law, irrespective of themanner in which the holding is operated
ormanaged.The second is a concept referring to the actualmanagement of holding or the
manager in whichthe land is cultivated or operated irrespective ofownership.
15. 15. Meaning of Structure of Supporting ServicesThe structure of supporting services is
aconcept which involves matters likecredit, marketing, the supplying ofagriculturalrequisites,
processing, storage, etc. and othertechnical assistance bearing on reforms oftenure and
production structures.
16. 16. These services are provided mainly by theDepartment of Agrarian Reform, the LandBank
and the Bureau of AgriculturalExtension and they are designed to insurethe success of the
farmer who has acquired anew tenure status as lessee, amortizingowner-cultivator. They
prepare the lesseefor landownership and assist the owner-cultivator to use the land more
productivelyand thus increase his income.
17. 17. Meaning of Agrarian Reform Agrarian reform is considered wider than land reform.1. The
term comprises not only landreform, the reform of tenure, production andsupporting services.
18. 18. 2. In the Comprehensive Agrarian Reform Law of 1988 (R.A No. 6657), agrarian reform is
defined to mean the redistribution of lands, regardless of crops or fruits produced, to farmers
and regular farm workers who are landless, irrespective of tenurial arrangement, to include
the totality of factors and support services designed to lift the economics status of the
beneficiaries and all other arrangements alternative to the physical redistribution of lands,
such as production or profit-sharing, land administration and the distribution of shares of
stock, which will allow beneficiaries to receive a just share of the fruits of the lands they
work.
19. 19. Examples of Agrarian Reform Measures Agrarian reform would, therefore, also cover the
following:1. Public health programs2. Family planning3. Education and training of farmers4.
Reorganization of land reforms agencies5. Application of labor laws to agricultural workers
20. 20. 6. Construction of infrastructure facilities such as feeder roads, irrigation systems, etc.,
and the establishment of rural electrification7. Organization of various types of voluntary
associations8. Providing employment opportunities to underemployed or surplus rural labor;
and9. Other services of a community development nature
21. 21. B. ASPECTS OF AGRARIAN REFORM

22. 22. Economic Aspect of Agrarian Reform1. Vital position of agricultural in national
economy.2. Obstacles to agricultural productivity.3. Agrarian reform, an instrument for
increasing agricultural productivity.
23. 23. Socio-cultural Aspect of Agrarian Reform1. Agrarian reform, a multifaceted program.2.
Assumptions about Filipino tenant farmers. To mention only the relevant ones, these are,
namely: a. The tenancy problem has its roots in pre-Spanish and Spanish pasts. It is,
therefore, a centuries old problem; b. deeply rooted in history, the tenancy system created a
kind of tenants who are strongly traditional and highly dependent-minded; and
24. 24. c. There are only three kinds of landlords; the benevolent one who acts like a father to
the tenant; the malevolent one who oppresses, and one with the combined characteristics of
the first two.3. Socio-cultural changes from agrarian reform. According to the general
experience in countries which have achieved successes in their agrarian reform programs,
agrarian reform had resulted to favorable socio-cultural changes which may be summarized
as follows;
25. 25. a. A change from self-subsistent outlook to one of surplus. The farmers began putting all
their energies in the farm;b. A sound social order in the farming villages was enhanced
significantly. The farmers became more conscious of the need to maintain peace and stability
in the community so that they could continuously enjoy the increased benefits in the farm;c.
Farmers initiative and active participation in leadership roles were promoted. Before, such
roles were the monopoly of the landowning class. After land reform, farmers began forming
associations stood in equal footing with their erstwhile landlords in social gatherings and club
meetings. They, too began to take active participation in local and national elections; and
26. 26. d. As land reform enhanced agricultural productivity and consequently, increase net
family incomes, the farmer were able to send their to school. They widened their contracts
with the outside world through frequent trips to market and other places or through
communication facilities which they acquired.
27. 27. Religious Aspect of Agrarian Reform1. Biblical background.2. Papal teachings3. Church
estates
28. 28. Moral Aspect of Agrarian Reform Agrarian reform is demanded by the moral laws under
so many titles.1. One reason concerns the peace and internal stability of a country.2. Another
reason for agrarian reform is the fact that the land-owner has been more than compensated
for his investment on land, while the tenant who made the landlords profits possible is still
immersed in poverty3. There is also the question of injustice involved in landlordism.4.
Another consideration concerns the innate tendency of everyman to own land.5. A final
consideration concerns the economy.
29. 29. Legal Aspect of Agrarian Reform1. Two vantage points. ---- strictly legal and
sociological.2. Agrarian reform legislations to conform with Constitution.3. Constitutional
mandates.4. Policy development concerning agrarian reform.
30. 30. Political Aspect of Agrarian Reform1. Agrarian reform, a top-priority goal of
government.2. Agrarian reform as a political process.
31. 31. C.IMPLEMENTATIO N OF AGRARIAN REFORM
32. 32. Ways of Effecting changes in Agrarian Reform Changes in the agrarian structure can be
achieved in practice by revolutionary means, by an authoritarian regime or by evolutionary

33.

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35.

36.
37.

38.

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means through the democratic process.1. In a revolutionary situation, it is accomplished as a

result of a shift of political, economic and administrative power to a class which would benefit
directly by the forms.2. It can also be introduced by an authoritarian regime already in power
as a means of broadening its political base and of accomplishing certain desired economic
and social changes.3. The implementation of land reform within a politically democratic
framework, however, presents problems.
33. Requirements For SuccessfulImplementation Of Agrarian ReformMany countries in Asia
and in the Far Easthave legislated for programs of agrarianreform during the last four
decades. Therehas been however, a wide gap between thedeclared objectives of such
legislation andthe actual realization. This has beenattributed to the failure to appreciate
thepeculiar nature and the needs of land reformimplementation.
34. 1. Agrarian reform is a complex and often controversial program which usually meets with
opposition form vested interests. It is, therefore, necessary that any organization for its
implementation should provide for a line of command from the center to filed levels in order
to insure that policy is enforced and supported at all levels.2. In view of the fact that all
support is usually withdrawn by landlord on the introduction of the program, it is essential
that beneficiaries are provided with the
35. 3. Since the preventing political, economic, social and administrative systems are usually
weighed against the would-be beneficiaries, it is necessary that the administrative
organization and procedures as well as the judicial system by which the newly conferred
rights are to be enforced, are refashioned in such a manner as to enable the attainment of
the objective of the program; and4. Lastly, since existing administrators are often not
adequately oriented or sympathetic towards the reforms and such a program is often
obstructed by vested interests at all levels, it is desirable to involve the beneficiaries in the
implementation of the programs.
36. D. COMPARATIVE AGRARIAN REFORM PROGRAMS
37. Agrarian Reform Program Classified The history of agrarian reform is a long one and
consequently there have evolved several program models. Any agrarian reform program will
fall under either of the following:1. Rearrangement of tenancy relations.2. Redistribution of
land to the peasants by: a. distribution of land in the public domain, sometimes also preferred
to as settlement or colonization b. the distribution of private lands and landed estates and
parceling them to the tenants, accompanied by a message program of technical and financial
assistance by the government. c. consolidation d. confiscation of private lands
38. Agrarian Reform Program in Various Countries The various agrarian reform programs in
many countries, while basically the same in their objectives, vary in their specific. Where
redistribution of land is the principal prop of a States agrarian reform program, the following
points become cogent:1. Retention ceiling2. Recipients or beneficiaries of the redistribution
program3. Valuation4. Mode of payment5. Repayment of new owners
39. 6. Government support Two methods as far as direction of repayment is concerned,
have been adopted: a. the farmer directly pays for his land to the original landowner under a
system of amortization with the least interference form the government; and b. in the majority
of democratic and developing countries, the new owners pay the government who earlier has
acquired or expropriated these properties from private owners.

40. 40. 7. Obligations of the new owners These conditions, which are almost universal, are the
following: a. fragmentation of allocated land is almost always prohibited to prevent further
subdivision of the land as to make it uneconomic b. one cannot be a recipient of land unless
he becomes a member of the cooperative c. land is not transferable except in cases of
inheritance; and d. recipients of expropriated lands must personally cultivate their lands and
at best, they can only hire agricultural labor. Subletting is generally prohibited.
41. 41. E. AGRARIAN REFORM AND BALANCEDDEVELOPMENT
42. 42. Agrarian Reform And Industrialization1. The first, a vehicle for the second.2. Relationship
between agriculture and industry. Industrialization needs from agrarianreform and a
developed agriculture, thefollowing:a. surplus agricultural crops as raw materials;b. mass
purchasing power of the peasantmasses;c. capital and skill released from underutilizedland
by agrarian reform; and
43. 43. On the other hand, agrarian reform and agricultural development need from a welldeveloped industry, the following: a. market for surplus production b. agricultural machinery,
chemicals andresearch c. employment for excess manpower; and d. capital generated by
industry.
44. 44. 3. Important condition for industrialization. To industrialize, the following condition are
imperative: a. we have a labor force that is more or less adequately fed on very cheap
staples. b. we must develop an agricultural sector that is increasingly well-off in terms of
surplus income. Not all our products can be exported; and c. there must be consumption
within the country. This internal or domestic demand cannot be created unless the farming
sector is able to afford the products of industry.
45. 45. Agrarian Reform And Urbanization1. Requirement for urbanization.2. Development inputs
from agricultural sector.3. Interdependence between the cities and farms.
46. 46. Agrarian Reform And Community Development1. Meaning of community development.2.
Two basic elements.a. the active participation by the people themselves in efforts to improve
their level of living with as much reliance as possible on their own initiative and resources;
andb. The provision of technical and material assistance by the government wherever and
whenever such assistance is necessary and in ways which will encourage, self-help and
mutual help.3. An approach to agrarian reform4. Supporting institutions to agrarian reform
47. 47. To ensure the continuity of the enthusiasm and spontaneous acrion generated in local
agrarian reformefforts, it is necessary:a. To broaden the base of these institutions to include
all interests in the local community;b. To provide new institutions initially with adequate
external financial, technical and political support; andc. To continuously expose these
institutions to new knowledge and scientific advances relevant to their needs.
48. 48. Agrarian Reform And Cooperatives1. Cooperatives support Agrarian Reform Program.2.
Cooperatives benefit farmer.3. Policy of the state with respect to cooperatives.

Comprehensive Agrarian Reform Program

From Wikipedia, the free encyclopedia

The Comprehensive Agrarian Reform Program, more commonly known as CARP, is an agrarian
reform law of the Philippines whose legal basis is the Republic Act No. 6657, otherwise known as
the Comprehensive Agrarian Reform Law (CARL).[1] It is the redistribution of private and public
agricultural lands to help the beneficiaries survive as small independent farmers, regardless of the
tenurial arrangement. Among its goals are to provide landowners equality in terms of income and
opportunities, empower land owner beneficiaries to have an equitable land ownership, enhance the
agricultural production and productivity, provide employment to more agricultural workers, and put an
end to conflicts regarding land ownership.
Contents
[hide]

1 Background

2 Key Components

3 Development

4 Comprehensive Agrarian Reform Program Extension with Reforms (CARPER)

o

4.1 Beneficiaries

4.2 Significant Provisions

4.3 Achievements

4.4 See also

5 References

6 External links

Background[edit]
The Agrarian Reform is part of the long history of attempts of land reform in the Philippines. [2] The law
was outlined by former President Corazon C. Aquino through Presidential Proclamation 131 and
Executive Order 229 on June 22, 1987, and it was enacted by the 8th Congress of the Philippines
and signed by Aquino on June 10, 1988. In 1998, which was the year that it was scheduled to be
completed, the Congress enacted Republic Act No. 8532 to allocate additional funds for the program
and extending the automatic appropriation of ill-gotten wealth recovered by the Presidential
Commission on Good Governance (PCGG) for CARP until the year 2008.[3]

An amendatory law, CARPER or the Comprehensive Agrarian Reform Program Extension with
Reforms or the Republic Act. 9700 was passed. It extended the deadline of distributing agricultural
lands to the farmers for an additional five years. This law also amends other provisions and
regulations formerly stated in the CARP. It was signed into law on August 7, 2009 and was set to be
accomplished by the year 2014.[4]

Key Components[edit]
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requirecleanup to meet
Wikipedia'squality standards.
The specific problem
is: appears to be pasted from
legal document. (July 2015)

The implementation of the Comprehensive Agrarian Reform Program relies heavily on

the Department of Agrarian Reform (DAR). As the lead implementing agency, the DAR has the
responsibility in carrying out the principle aspects of the program, which are Land Tenure
Improvement (LTI), Program Beneficiary Development (PBD), and the Agrarian Justice Delivery
(AJD).
The Land Tenure Improvement is highly recognized as the most integral aspect of the program.
This component seeks to secure the tenurial status of the farmers and farmworkers. The DAR
implements this component through Land Acquisition and Distribution (LAD) or Non-land Transfer
Schemes.
The Land Acquisition and Distribution involves the redistribution of private and governmentowned land to landless farmers and farm workers. Under Section 6 of RA 9700 ( Section 16 of RA
6657 as amended) regarding Land Acquisition, the DAR identifies lands that are eligible for
distribution under the CARP with accordance to the law, acquires the land by delivering a notice
containing the offer with its corresponding value to the owner should he choose to accept the
payment. Following the acquisition of lands under Section 11 of RA 9700(Section 26 of RA 6657 as
amended) the DAR distributes these to the qualified beneficiaries, who then pay for the land through
the Land Bank of the Philippines or directly to their former owners.[5]
Under the CARP, a total target of 10.3 million hectares of land was programmed to be distributed
over a span of ten years. Out of the total land, 6.5 million hectares of public disposal lands and
Integrated Social Forestry areas are to be distributed by the Department of Environment and Natural
Resources (DENR) while 3.8 million hectares of private agricultural lands are to be distributed by the
DAR. From July 1987 to June 1992, the DAR was able to distribute 1.77 million hectares benefiting .
933 million beneficiaries, while the DENR has distributed 1.88 million hectares to .760 million
farmers.[6]

Leasehold Operations is the alternative non-land transfer scheme that covers all tenanted
agricultural lands in retained areas and in yet to be acquired or distributed lands. Under this
component, the DAR mediates between the landowners and tenants so that their share tenancy
arrangement could be turned into a leasehold agreement, whereby the beneficiaries will pay a fixed
fee based on their own historical production records instead of paying a large percentage share of
their produce to the landowner.[7]
The Program Beneficiaries Development is a support service delivery component of CARP. It aims
to aid the agrarian reform beneficiaries by providing them necessary support services to make their
lands more productive, and enable them to venture in income generating livelihood projects in
accordance to Section 14 of RA 9700(Section 37 of RA 6657 as amended) . [8] Under the support
service delivery programs, the Presidential Agrarian Reform Council(PARC) ensures that agrarian
reform beneficiaries are provided with support services such as land surveys and tilting, construction
of infrastructures, marketing and production assistance, credit and training. [9]
Agrarian Justice Delivery provides agrarian legal assistance and oversees the adjudication of
cases. Under Section 19 of RA 97600 (Section 50 of RA 6657 as amended), the DAR is hereby
vested with the primary jurisdiction to determine and adjudicate agrarian reform matters and shall
have exclusive original jurisdiction over all matters involving the implementation of agrarian reform
except those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the
Department of Environment and Natural Resources (DENR).[10]
The Agrarian Legal Assistance is under the Bureau of Legal Assistance (BALA). The BALA
provides legal assistance to the beneficiaries affected by agrarian cases, particularly those whose
legal rights as ARBs are challenged by landowners.
The Adjudication of Cases involves the adjudication of cases by the Department of Agrarian
Reform Adjudication Board (DARAB). The adjudication of cases deals with disputes pertaining to
tenancy relations; valuation of lands acquired by DAR under compulsory acquisition mode; rights
and obligations of persons, whether natural or juridical, engaged in the management cultivation and
use of all agricultural lands; ejectment and dispossession of tenants/leaseholders; review of
leasehold rentals; and other similar disputes.[11]

Development[edit]
At the end of the 20th century, the population of the Philippines has increased rapidly to 75.32 million
in a country of 297,410 square kilometers, with an average family size of six, making the Philippines
known for high population density. In addition to this, with a population growth of 2.02 per year, the
Philippine population is expected to double in the span of 25 years. 60 percent of the Philippine
population is rural, and over 12 million Filipinos make a living directly from agricultural cultivation.
Around 9.5 million hectares of land across the Philippines are used to plan various crops. In terms of

landlessness, the number of landless agricultural families rose up from 5 million to 11.32 million
families. Out of these 11.32 families, 4.6 million make a living from lands they dont own. 0.70 million
are rented, 2 million are laborers, while 1.9 million are farming as tenants. [12]
Land Reform under Aquino Administration (1986-1992)
During the start of President Corazon Aquinos term on 1986, the Constitutional Commission
approved Section 21 under Article II, which states that The State shall promote comprehensive rural
development and agrarian reform. This led to the drafting of CARP, which took the Congress a year
to make. On June 10, 1988, Republic Act No. 6657, also known as the Comprehensive Agrarian
Reform Law (CARL), was passed to promote social justice and industrialization. Although it was still
a product of adherence to democratic principles, this law was found to have many flaws. Because of
much dissatisfaction with the agrarian reform law, proposals from peasant groups and nongovernment organizations grew in order to implement an alternative program that was more
advantageous to them. However, this did not succeed.
CARP recognizes not only farmers but all landless workers as beneficiaries with the condition that
they cultivate the land. The two main departments in charge of this program are Department of
Agrarian Reform (DAR) and Department of Environment and Natural Resources (DENR). Aside from
the land distribution, it also provides the delivery of support services and security to the farmers.
Under the Aquino administration, a total of 898,420 landless tenants and farmers became recipients
of land titles and support services. Even with this, it can be considered unsuccessful because it only
accomplished 22.5 percent of land distribution in 6 years. This was due to the fact that Aquino
assigned 4 different DAR secretaries. The major setback for CARP was Aquinos Hacienda Luisitas
Stock Distribution Option, which says that she was the first landlord to evade CARP on a grand
scale.
Land Reform under Ramos Administration (1992-1998)
The policies on agrarian reform under the Ramos administration focused on accelerating the direct
land transfer and non-land transfer through adopting more rational, fair and inexpensive settlements.
It encouraged landowners to invest in rural-based industries that are connected to agriculture. It
made an amendment to Section 63 of CARL to increase the fund of this project to 100 billion.
Salaries of workers and members of DAR board were increased to motivate them for more
successful results as well.
The target land to be given to farmer beneficiaries under this Administration was 3.4 million hectares,
4.7 million or 60 percent of which was successfully distributed. It achieved more than double the
output of the Aquino administration. It focused on less contentious landholdings and acquisition
modes, where they chose to work with autonomous NGOs and peasant organizations. However,
controversies were unavoidable as they encountered landlords openly harassing peasants with guns
and forcing them out of the lands.

Land Reform under Estrada Administration (1998-2001)

This administration focused on fast tracking land acquisition and distribution. It wanted to reduce
uncertainties in land market in rural places to help farmers efficiency and private investment to grow.
It encouraged joint ventures, corporative, contact farming and other marketing arrangements to
protect the status of stakeholders and promotion of agri-industrialization. They also improved the
databases of the implementing agencies of DAR and DENR to fully record and update the lands
covered. Estrada highlighted that there was a need to conceptualize new approaches in doing things
to build a new social agreement where producers, government and private sectors work with a
common goal.
The program encountered some problems such as strong landowners resistance. Tenants also
complained on the limited amount of fund allocation provided by the government for the project. It
aimed to complete 7.8 million hectares by 2004. Since President Estrada lasted only 2.5 years as
president, the total beneficiaries of CARP was only 0.18 million or 10 percent. [13]
Unsuccessful after 26 years
On June 30, 2014, CARP officially ended with 664 farmers killed in the name of land reform. In the 4
years of the Noynoy Aquino administration, 96 farmers have been killed as as oppose to the 9 that
were killed during the Arroyo administration. 568 of these were victims of extra-judicial killings. KMP
chairman Rafael Mariano said, Farmers asserting their rights to the land were subjected to human
rights abuses while peasant leaders were rendered as criminals, incarcerated and, worse, were
massacred.
CARP expired when the Congress did not approve Aquinos proposal to extend it for 2 more years.
DAR has indicated 494,945 law implementation cases since the start of the program. All of which led
back to how CARP failed over the years and how it affected the lives of many innocent tenants and
farmers.[14]

Comprehensive Agrarian Reform Program Extension with

Reforms (CARPER)[edit]
Comprehensive Agrarian Reform Program Extension with Reforms, known also
as CALPER or CARPer, (Republic Act 9700)[15] is the amendatory law that extends again the
deadline of distributing agricultural lands to farmers for five years. It also amends other provisions
stated in CARP.
In December 2008, the budget for CARP expired and there remained 1.2 million hectares of
agricultural land waiting to be acquired and distributed to farmers. CARPER was signed into law on
August 7, 2009 by Gloria Macapagal Arroyo and was set to expire in June 30, 2014.[16] However the
program of distributing lands to farmer-beneficiaries continued even after June 2014. Section 30 of

RA 9700 or CARPER law states that cases on the matter which are still pending shall be allowed to
proceed to its finality and be executed even beyond such date.

[17]

Beneficiaries[edit]
Beneficiaries of CARPER are landless farmers, including agricultural lessees, tenants, as well as
regular, seasonal and other farmworkers. In a certain landholding the qualified beneficiaries who are
tenants and regular farmworkers will receive 3 hectares each before distributing the remaining land
to the other qualified beneficiaries like seasonal farmworks and other farmworkers (Section 22 of
CARL). The Department of Agrarian Reform (DAR) identifies and screens potential beneficiaries
and validates their qualifications. Beneficiaries must be least 15 years old, be a resident of the
barangay where the land holding is located, and own no more than 3 hectares of agricultural land. [18]
The CARPER law has bias for organized farmers to be beneficiaries because the Congress believes
that the success rate of organized farmers is high and can make their awarded lands productive.

Significant Provisions[edit]

Gender-Sensitive Agrarian Reform - Section 1 of the CARPER law states that The State
shall recognize and enforce, consistent with existing laws, the rights of rural women to own and
control land, taking into consideration the substantive equality between men and women as
qualified beneficiaries, to receive a just share of the fruits thereof, and to be represented in
advisory or appropriate decision-making bodies. These rights shall be independent of their male
relatives and of their civil status. Rural women will have a representative in the highest policy
making body of DAR the Presidential Agrarian Reform Council (PARC).

Budget - Section 21 amending Section 63 for CARL state that the budget allocated for the
5-year extension is 150 Billion pesos which will be sourced from three funds: Agrarian Reform
Fund, General Appropriations Acts (GAA) and other sources of funding like privatization of
government asset, foreign donors, etc. This budget is the largest per year in the history of CARP.

Creation of a Congressional Oversight Committee - Section 26 of the CARPER law

created a joint Congressional Oversight Committee to oversee and monitor the implementation
of the act, which will be composed of the Chairpersons of the Committee on Agrarian Reform of
both Houses of Congress, three Members of the House of Representatives, and three Members
of the Senate of the Philippines, to be designated respectively by the Speaker of the House of
Representatives and the President of the Senate of the Philippines. The chairpersons of the
COCAR are the Chairpersons of the Committees on Agrarian Reform of the House of
Representatives and of the Senate of the Philippines. The term of the COCAR will end six
months after the expiration of the extended period of five years. The COCAR is provided with
twenty-five million pesos (P25,000,000.00) every year.

CARPER as a Continuing Program - Section 30 of the CARPER law mandates that any
case and/or proceeding involving the implementation of the provisions of Republic Act No. 6657,
as amended, which may remain pending on June 30, 2014 shall be allowed to proceed to its
finality and be executed even beyond such date". Section 30 of CARPER law provides a way to
legally continue the implementation of pending CARP cases after the 5-year extension by filling
the initiatory process of CARP.

Policies in Converting Agricultural Lands - Section 73 of the CARPER law: Any

conversion by any landowner of his/her agricultural land into any non-agricultural use with intent
to avoid the application of this Act to his/her landholdings and to dispossess his/her bonafide
tenant farmers. Failure to comply will result into an imprisonment of 6 to 12 years and/or a
penalty of 200,000 pesos to 1 million pesos. The CARPER law prohibits any conversion of
irrigated and irrigable lands and mandates the National Irrigation Administration to identify these.
CARPER law also states that non-implementation of the conversion plan will result to automatic
coverage of the subject by CARP.

Achievements[edit]
The Official Gazette released an update on the accomplishments in the field of agrarian reform as of
June 30, 2014.
As of December 31, 2013, the government has acquired and distributed 6.9 million hectares of land,
equivalent to 88% of the
total land subject to CARP. Of this area, the Aquino administration has distributed a total of 751,514
hectares, or 45% of the total landholdings to be distributed to the farmer beneficiaries left under this
administration. From this, DAR has distributed 412,782 hectares and DENR has already distributed
338,73

2 hectares.[19]
In 2014 - 2016, Department of Agrarian Reform still needs to acquire 771,795 hectares (187,686
hectares in 2014; 198,631 hectares in 2015; and 385,478 hectares in 2016). The Department of
Environment and Nation Resources still needs to acquire 134,857 hectaresa total of 906,652
hectares.

See also[edit]

Land reform in the Philippines

From Wikipedia, the free encyclopedia

Land reform in the Philippines has long been a contentious issue rooted in the
Philippines's Spanish Colonial Period. Some efforts began during the American Colonial Period with
renewed efforts during the Commonwealth, following independence, during Martial Law and
especially following the People Power Revolution in 1986. The current law, theComprehensive
Agrarian Reform Program, was passed following the revolution and recently extended until 2014
Contents
[hide]

1 History
o

1.1 American period

1.2 Commonwealth Period

1.2.1 Rice Share Tenancy Act of 1933

1.3 Independence

1.4 Ramon Magsaysay administration

1.5 Macapagal administration

1.5.1 Land Reform Code

1.6 Marcos administration

1.7 Corazon Aquino administration

1.8 Ramos administration

1.9 Arroyo administration

2 Comprehensive Agrarian Reform Program

3 See also

4 References

5 External links

History[edit]
Much like Mexico and other Spanish colonies in the Americas, the Spanish settlement in the
Philippines revolved around the encomienda system of plantations, known ashaciendas. As the 19th
Century progressed, industrialization and liberalization of trade allowed these encomiendas to
expand their cash crops, establishing a strong sugar industry in the Philippines on such islands
and Panay and Negros.

American period[edit]
The United States of America took possession of the Philippines following the SpanishAmerican
War in 1898 and after putting down the subsequent rebellion in the PhilippineAmerican War.
The Second Philippine Commission, the Taft Commission, viewed economic development as one of
its top three goals.[1] In 1901 93% of the islands' land area was held by the government and William
Howard Taft, Governor-General of the Philippines, argued for a liberal policy so that a good portion
could be sold off to American investors.[1] Instead, the United States Congress, influenced by
agricultural interests that did not want competition from the Philippines, in the 1902 Land Act, set a
limit of 16 hectares of land to be sold or leased to American individuals and 1,024 hectares to
American corporations.[1] This and a downturn in the investment environment discouraged the
foreign-owned plantations common in British Malaya, the Dutch East Indies, and French Indochina.[1]
Further he U.S. Federal Government faced the problem of much of the private land being owned by
the Roman Catholic Church and controlled by Spanish clerics. The American governmentofficially
secular, hostile to continued Spanish control of much of the land of the now-American colony, and
long hostile to Catholicsnegotiated a settlement with the Church over its land.
The 1902 Philippine Organic Act was a constitution for the Insular Government, as the U.S. civil
administration was known. This act, among other actions, disestablished the Catholic Church as the
state religion. The United States government, in an effort to resolve the status of the friars,
negotiated with the Vatican. The church agreed to sell the friars' estates and promised gradual
substitution of Filipino and other non-Spanish priests for the friars. It refused, however, to withdraw
the religious orders from the islands immediately, partly to avoid offending Spain. In 1904 the
administration bought for $7.2 million the major part of the friars' holdings, amounting to some
166,000 hectares (410,000 acres), of which one-half was in the vicinity of Manila. The land was
eventually resold to Filipinos, some of them tenants but the majority of them estate owners. [2]

Commonwealth Period[edit]
During the American Colonial Period, tenant farmers complained about the sharecropping system,
as well as by the dramatic increase in population which added economic pressure to the tenant
farmers' families.[3] As a result, an agrarian reform program was initiated by the Commonwealth.
However, success of the program was hampered by ongoing clashes between tenants and
landowners.
An example of these clashes includes one initiated by Benigno Ramos through
his Sakdalista movement,[4] which advocated tax reductions, land reforms, the breakup of the large
estates or haciendas, and the severing of American ties. The uprising, which occurred in Central
Luzon in May, 1935, claimed about a hundred lives
Rice Share Tenancy Act of 1933[edit]
When the Philippine Commonwealth was established, President Manuel L. Quezon implemented the
Rice Share Tenancy Act of 1933.[5] The purpose of this act was to regulate the share-tenancy
contracts by establishing minimum standards.[5] Primarily, the Act provided for better tenant-landlord
relationship, a 5050 sharing of the crop, regulation of interest to 10% per agricultural year, and a
safeguard against arbitrary dismissal by the landlord.[5] The major flaw of this law was that it could be
used only when the majority ofmunicipal councils in a province petitioned for it.[5] Since landowners

usually controlled such councils, no province ever asked that the law be applied. Therefore, Quezn
ordered that the act be mandatory in all Central Luzon provinces.[5] However, contracts were good
only for one year. By simply refusing the renew their contract, landlords were able to eject tenants.
As a result, peasant organizations agitated in vain for a law that would make the contract
automatically renewable for as long as the tenants fulfilled their obligations. [5]
In 1936, this Act was amended to get rid of its loophole, but the landlords made its application
relative and not absolute. Consequently, it was never carried out in spite of its good intentions. In
fact, by 1939, thousands of peasants in Central Luzon were being threatened with wholesale
eviction.[5] By the early 1940s, thousands of tenants in Central Luzon were ejected from their
farmlands and the rural conflict was more acute than ever.[5]
Therefore, during the Commonwealth period, agrarian problems persisted. [5] This motivated the
government to incorporate a cardinal principle on social justice in the 1935 Constitution. Dictated by
the social justice program of the government, expropriation of landed estates and other landholdings
commenced. Likewise, the National Land Settlement Administration (NSLA) began an orderly
settlement of public agricultural lands. At the outbreak of the Second World War, major settlement
areas containing more than 65,000 hectares were already established. [5]

Independence[edit]
When the Philippines gained its independence in 1946, much of the land was held by a small group
of wealthy landowners. There was much pressure on the democratically elected government to
redistribute the land. At the same time, many of the democratically elected office holders were
landowners themselves or came from land-owning families.
In 1946, shortly after his induction to Presidency, Manuel Roxas proclaimed the Rice Share Tenancy
Act of 1933 effective throughout the country.[5] However problems of land tenure continued. In fact
these became worse in certain areas.[5] Among the remedial measures enacted was Republic Act
No. 1946 likewise known as the Tenant Act which provided for a 7030 sharing arrangements and
regulated share-tenancy contracts.[5] It was passed to resolve the ongoing peasant unrest in Central
Luzon.[5]
As part of his Agrarian Reform agenda, President Elpidio Quirino issued on October 23, 1950
Executive Order No. 355 which replaced the National Land Settlement Administration with Land
Settlement Development Corporation (LASEDECO) which takes over the responsibilities of the
Agricultural Machinery Equipment Corporation and the Rice and Corn Production Administration. [6]

Ramon Magsaysay administration[edit]

President Ramon Magsaysay at the Presidential Study, Malacaan Palace

To amplify and stabilize the functions of the Economic Development Corps (EDCOR),
President Ramon Magsaysay worked[7]for the establishment of the National Resettlement and

Rehabilitation Administration (NARRA),[7] which took over from the EDCOR and helped in the giving
of some sixty-five thousand acres to three thousand indigent families for settlement purposes.
[7]
Again, it allocated some other twenty-five thousand to a little more than one thousand five hundred
landless families, who subsequently became farmers.[7]
As further aid to the rural people,[7] the president established the Agricultural Credit and Cooperative
Administration (ACCFA). The idea was for this entity to make available rural credits. Records show
that it did grant, in this wise, almost ten million dollars. This administration body next devoted its
attention to cooperative marketing.[7]
Along this line of help to the rural areas, President Magsaysay initiated in all earnestness the
artesian wells campaign. A group-movement known as the Liberty Wells Association was formed and
in record time managed to raise a considerable sum for the construction of as many artesian wells
as possible. The socio-economic value of the same could not be gainsaid and the people were
profuse in their gratitude.[7]
Finally, vast irrigation projects, as well as enhancement of the Ambuklao Power plant and other
similar ones, went a long way towards bringing to reality the rural improvement program advocated
by President Magsaysay.[7]
President Ramn Magsaysay enacted the following laws as part of his Agrarian Reform Program:

Republic Act No. 1160 of 1954 Abolished the LASEDECO and established the National
Resettlement and Rehabilitation Administration (NARRA) to resettle dissidents and landless
farmers. It was particularly aimed at rebel returnees providing home lots and farmlands in
Palawan and Mindanao.

Republic Act No. 1199 (Agricultural Tenancy Act of 1954) Governed the relationship
between landowners and tenant farmers by organizing share-tenancy and leasehold system.
The law provided the security of tenure of tenants. It also created the Court of Agrarian
Relations.

Republic Act No. 1400 (Land Reform Act of 1955) Created the Land Tenure Administration
(LTA) which was responsible for the acquisition and distribution of large tenanted rice and corn
lands over 200 hectares for individuals and 600 hectares for corporations.

Republic Act No. 821 (Creation of Agricultural Credit Cooperative Financing Administration)
Provided small farmers and share tenants loans with low interest rates of six to eight percent. [6]

Macapagal administration[edit]
Land Reform Code[edit]
Main article: Agricultural Land Reform Code
The Agricultural Land Reform Code (RA 3844) was a major Philippine land reform law enacted in
1963 under President Diosdado Macapagal.[8]
The code declared that it was State policy
1. To establish owner-cultivatorship and the economic family-size farm as the basis of
Philippine agriculture and, as a consequence, divert landlord capital in agriculture to
industrial development;
2. To achieve a dignified existence for the small farmers free from pernicious institutional
restraints and practices;

3. To create a truly viable social and economic structure in agriculture conducive to greater
productivity and higher farm incomes;
4. To apply all labor laws equally and without discrimination to both industrial and agricultural
wage earners;
5. To provide a more vigorous and systematic land resettlement program and public land
distribution; and
6. To make the small farmers more independent, self-reliant and responsible citizens, and a
source of genuine strength in our democratic society.
and, in pursuance of those policies, established the following
1. An agricultural leasehold system to replace all existing share tenancy systems in agriculture;
2. A declaration of rights for agricultural labor;
3. An authority for the acquisition and equitable distribution of agricultural land;
4. An institution to finance the acquisition and distribution of agricultural land;
5. A machinery to extend credit and similar assistance to agriculture;
6. A machinery to provide marketing, management, and other technical services to agriculture;
7. A unified administration for formulating and implementing projects of land reform;
8. An expanded program of land capability survey, classification, and registration; and
9. A judicial system to decide issues arising under this Code and other related laws and
regulations.

Marcos administration[edit]
On September 10, 1971, President Ferdinand E. Marcos signed the Code of Agrarian Reform of the
Philippines into law which established the Department of Agrarian Reform, effectively replacing the
Land Authority.
In 1978, the DAR was renamed the Ministry of Agrarian Reform.
On July 26, 1987, following the People Power Revolution, the department was re-organized through
Executive Order (EO) No. 129-A.
In 1988, the Comprehensive Agrarian Reform Law created the Comprehensive Agrarian Reform
Program which is also known as CARP.

Corazon Aquino administration[edit]

President Aquino envisioned agrarian and land reform as the centerpiece of her administration's
social legislative agenda. However, her family background and social class as a privileged daughter
of a wealthy and landed clan became a lightning rod of criticisms against her land reform agenda.
On January 22, 1987, less than a month before the ratification of the 1987 Constitution, agrarian
workers and farmers marched to the historic Mendiola Street near the Malacaan Palace to demand
genuine land reform from Aquino's administration. However, the march turned violent when Marine

forces fired at farmers who tried to go beyond the designated demarcation line set by the police. As
a result, 12 farmers were killed and 19 were injured in this incident now known as the Mendiola
Massacre. This incident led some prominent members of the Aquino Cabinet to resign their
government posts.
In response to calls for agrarian reform, President Aquino issued Presidential Proclamation 131 and
Executive Order 229 on July 22, 1987, which outlined her land reform program, which included
sugar lands. In 1988, with the backing of Aquino, the new Congress of the
Philippines passed Republic Act No. 6657, more popularly known as the Comprehensive Agrarian
Reform Law." The law paved the way for the redistribution of agricultural lands to tenant-farmers
from landowners, who were paid in exchange by the government through just compensation but
were also allowed to retain not more than five hectares of land.[9] However, corporate landowners
were also allowed under the law to "voluntarily divest a proportion of their capital stock, equity or
participation in favor of their workers or other qualified beneficiaries", in lieu of turning over their land
to the government for redistribution.[10] Despite the flaws in the law, the Supreme Court upheld its
constitutionality in 1989, declaring that the implementation of the comprehensive agrarian reform
program (CARP) provided by the said law, was "a revolutionary kind of expropriation." [11]
Despite the implementation of CARP, Aquino was not spared from the controversies that eventually
centered on Hacienda Luisita, a 6,453-hectare estate located in the Province of Tarlac, which she,
together with her siblings inherited from her father Jose Cojuangco (Don Pepe).[12]
Critics argued that Aquino bowed to pressure from relatives by allowing stock redistribution under
Executive Order 229. Instead of land distribution, Hacienda Luisita reorganized itself into a
corporation and distributed stock. As such, ownership of agricultural portions of the hacienda were
transferred to the corporation, which in turn, gave its shares of stocks to farmers. [12]
The arrangement remained in force until 2006, when the Department of Agrarian Reform revoked
the stock distribution scheme adopted in Hacienda Luisita, and ordered instead the redistribution of
a large portion of the property to the tenant-farmers. The Department stepped into the controversy
when in 2004, violence erupted over the retrenchment of workers in the Hacienda, eventually leaving
seven people dead.[12]

Ramos administration[edit]
President Fidel V. Ramos speeded the implementation of the Comprehensive Agrarian Reform
Program (CARP) of former President Corazon Aquino in order to meet the ten-year time frame.
However, there were constraints such as the need to firm up the database and geographic focus,
generate funding support, strengthen inter-agency cooperation, and mobilize implementation
partners, like the non-government organizations, local governments, and the business community.
[5]
In 1992, the government acquired and distributed 382 hectares of land with nearly a quarter of a
million farmer-beneficiaries. This constituted 41% of all land titles distributed by the Department of
Agrarian Reform(DAR) during the last thirty years. But by the end of 1996, the DAR had distributed
only 58.25% of the total area it was supposed to cover. From January to December 1997, the DAR
distributed 206,612 hectares. That year, since 1987, the DAR had distributed a total of 2.66 million
hectares which benefited almost 1.8 million tenant-farmers.[5]
One major problem that the Ramos administration faced was the lack of funds to support and
implement the program.[5] The Php50 million, allotted by R.A. No. 6657 to finance the CARP from
1988 to 1998, was no longer sufficient to support the program. To address this problem, Ramos
signed R.A. No. 8532 to amend the Comprehensive Agrarian Reform Law (CARL) which further
strengthened the CARP by extending the program to another ten years. [5] Ramos signed this law on
February 23, 1998 - a few months before the end of Ramos' term. [5]

Arroyo administration[edit]

On September 27, 2004, President Gloria Macapagal-Arroyo, signed Executive Order No. 364, and
the Department of Agrarian Reform was renamed to Department of Land Reform. This EO also
broadened the scope of the department, making it responsible for all land reform in the country. It
also placed the Philippine Commission on Urban Poor (PCUP) under its supervision and control.
Recognition of the ownership of ancestral domain by indigenous peoples also became the
responsibility of this new department, under the National Commission on Indigenous Peoples
(NCIP).[13]
On August 23, 2005, President Gloria Macapagal Arroyo signed Executive Order No. 456 and
renamed the Department of Land Reform back to Department of Agrarian Reform, since "the
Comprehensive Agrarian Reform Law goes beyond just land reform but includes the totality of all
factors and support services designed to lift the economic status of the beneficiaries." [14]
When President Noynoy Aquino took office, there was a renewed push to compete the agrarian
reform. The Department of Agrarian Reform adopted a goal of distributed all CARP-eligible land by
the end of Pres. Aquino's term in 2016.[15] As of June 2013, 694,181 hectares remained to be
distributed, according to DAR.[15]
Hacienda Luisita, owned by the Cojuangco family, which includes the late former President Corazn
C. Aquino and her son, current President Aquino, has been a notable case of land reform. [16]

Comprehensive Agrarian Reform Program[edit]

See also: Comprehensive Agrarian Reform Program
The Comprehensive Agrarian Reform Program is the current law under which land reform is
conducted. Large land-holdings are broken up and distributed to farmers and workers on that
particular hacienda. The crops grown on such haciendas include sugar and rice. Each farmer is
giving a "certificates of land ownership award" or CLOA for their new property.[15] Under the law, a
landowner can only retain 5 hectares, regardless of the size of the hacienda. [15] Conflict can arise
between previous landowners and "beneficiaries" and between competing farmers' groups that have
conflicting claims.[15]
In December 2008, CARP expired and the following year CARPer was passed. CARPer stands for
"Comprehensive Agrarian Reform Program Extension with Reforms". CARPer expires in 2014.