Provision on Land Ownership to Women in the Agricultural Sector: It’s

Impact on Family and the Community

Despite big contributions of women to the economic activity of the family, still, in terms
of land ownership and tenurial rights, is dominated by men. Though Philippine laws on
property rights and ownership are gender neutral, still, very seldom that we see woman
registered as the owner of lands. This may be attributable to some customs, traditions
and practices and the fact that our orientation is patriarchal, nevertheless, should not
be a reason for the said biases. As mandated in the 1987 Constitution which guarantees
equal rights of women and men in nation building, hence, women should enjoy the
same rights and benefits men has. In recent data provided by the United Nations 2/3 of
works were being rendered by women and only 1/10 of the said income will go to the
possession and disposable of women. 1/1000 properties were only owned by women in
the world. 2/3 of the 876 million who do not have any formal education were women,
and this number will keep on increasing. And out of the 1.3 billion people around the
world, 70% of which were poor women who lives with the threshold of P50.00 a day
(UN, 2000). Basic and Functional Literacy Rate of men and women in the Philippines as
of 2008 will show that women has a higher percentage comparing to men. Basic literacy
rate in percentage is broken down as follows, 96.1 for women and 95.1 for men, while
functional literacy rate has a percentage of 88.7 for women and 84.2 for men.
However, data would also show that men are most preferred in terms of employment.
Having said that, contributes to the biases experience by women on tenurial rights to
land.

Considering the importance of women contribution to the economic activity of the

family, access to land, food and resources for food production is important. Land rights
improve women’s situation in the family and in the community. Formal land titles
contribute to improving women’s access to production credit, and empower women to
assert themselves better with agencies that provide inputs and extension services. Our
women farmer leaders have shared positive changes in their family’s lives brought
about by more secure land tenure – they can plan farm production and diversify for
longer term, they can get access to agricultural supply inputs and services, they can
earn more income, and their children have access to better opportunities. (See for
instance, the story of Belen, a woman farmer leader of Pecuaria Development
Cooperative Inc.
(PDCI), https://drive.google.com/file/d/0B5H2YZdMxIfwYlZUOEl0bGNEUWs/view?usp=s
haring_aid).

In recent years, due to these biases on women, their participation is merely conceived
and considered as purely reproduction, meaning works that are more related to
domestic works. While production works were considered as an exclusive work for men.
As women evolve, it is proven that when women helps in the economic activity of the
family, said family is better than those who solely relies on husband doing productive
works. In like manner, study would show that when woman helps the husband on
agricultural activities, the production increases by 20% compared to families where
women have no participation at all.

This would lead to the direction where recognizing rural women’s unpaid, indirect and
reproductive work is required. AFA PRESENTATIONS, COUNTRY: PHILIPPINES, ISSUE:
LAND WOMEN’S LAND RIGHTS, GENDER-RESPONSIVE POLICIES AND THE WORLD
BANK (PHILIPPINES) By Violeta P. Corral, Pambansang Kilusan ng mga Samahang
Magsasaka (PAKISAMA). As enumerated, rural women is defined as those “engaged
directly or indirectly in farming and/or fishing as their source of livelihood, whether paid
or unpaid, regular or seasonal, or in food preparation, managing the household, caring
for the children, and other similar activities.” Similarly, rural women’s work is now
defined as: “(a) direct tilling/farming, e.g. land preparation, planting, weeding, fertilizer
application, harvesting etc; (b) reproductive work in the farms, e.g. food preparation for
the farmworkers; (c) indirect work for the farm, e.g., accessing of capital and farm
equipments, hiring of labor, organizational participation; (d) reproductive work in the
farming households, i.e. taking care of the children and other household chores and (e)
food subsistence work, e.g., vegetable and livestock raising; securing water and fuel.”

In the statement of Chairperson of the Philippine Commission on Women (PCW)

Remedios Ignacio-Rikken, where she states that: "It is smart to invest in rural women
who do 70 percent of farm work, but this is only possible if peasant women have access
to and control over land and water resources,". She added that it is beyond debate that
the Philippine legislation offers "vast opportunities" in terms of women’s rights and
access to land. The issue, however, is the "big gap in policy implementation" which the
forum aimed to address.

Equality, development and food security are guaranteed by the right to resources.
"Individual empowerment is inextricably linked to the right to land, which is the
foundation of recognition of women’s status as farmers," she said stressing that it is
"basic to having equal access to agricultural support services, protection from impact of
trade liberalization, and participation in economic governance bodies." She also said
that access to better opportunities will give women “better chance to break free from
subordination” whether in the home or in the community.

Under the Magna Carta of Women (MCW, R.A 9710) it strengthens women's equal
right to land ownership. It mandates the Department of Agrarian Reform (DAR) to issue
Emancipation Patent (EP) and Certificate of Land Ownership (CLOA) to all qualified
beneficiaries regardless of sex, civil status or physical condition. The law also requires
the Department of Environment and Natural Resources (DENR) to ensure co-
stewardship of spouses, and the equal status in issuing lease agreements and other
fishery rights (As cited in Koalisyon ng Kababaihan sa Kanayunan(PKKK). The
forum was held at the conference hall of the Bureau of Soils and Water
Management (BWSM), DA in Quezon City, Rural Women’s Land Rights Key to
Food Security).

With the participation of women in the agricultural sector, one way to which it can assure their
continuous participation is the guarantee that their right to land tenure must be protected.
Agricultural sector is the main source of livelihood and the agricultural sector may spur
economic growth and reduce poverty incidence in the rural sector. (IFAD 2001; World Bank
2007a). As what data would provide, women produce almost 50% of the food production in
the world despite their limited tenure to lands, how much more if they have total control over
their own landholdings, as such, security for food may just as well be addressed if their right to
own land will be recognized and respected.

Stakeholders

Public sector
• Politicians at national, regional, municipal and local levels;
• Officials of Land Registration Authority, Registry of Deeds and Assessors Office;
• Judges/Prosecutors
• Community leaders;
• Land authorities;
• Council of elders.

Private sector (formal and informal, international and national)

• Commercial investors (agriculture, forestry, mining, petroleum, etc.)
• Real estate agents or brokers, formal and informal;
• Developers and construction businesses;
• Banks and lending institutions;
• Lawyers;
• Surveyors;
• Business advisors;
• Media.

Civil society (international and national)

• Non-governmental organizations;
• Community based organizations;

“Land governance concerns the rules, processes and structures through which decisions
are made about access to land and its use, the manner in which the decisions are
implemented and enforced, the way that competing interests in land are managed.”
(David Palmer, Szilard Fricska, Babette Wehrmann In collaboration with
Clarissa Augustinus, Paul Munro-Faure, Mika-Petteri Törhönen, Anni Arial
September 2009, TOWARDS IMPROVED LAND GOVERNANCE).

In the Philippines, lands are either public domain (State-owned) or privately owned.
Under the 1987 Constitution, only public agricultural lands may be leased or acquired by
purchase, homestead or grant of up to 12 hectares by individual citizens (GOP
Constitution 1987a, Art. 12, Sec. 3

Alienable and disposable lands (which include agricultural lands and reclassified lands)
and privately owned lands (based on State grants or laws passed since colonization) are
subject to: 1) purchase which vests ownership; or 2) lease which vest only the right to
occupy and use for the period agreed upon. (Llanto 2003; GOP Constitution1987, Art.
XII, Sec. 2).

Land rights are acquired by operation of law through accretion, prescription, hereditary
succession or inheritance, or marriage under the property regime of absolute
community of property (i.e., joint ownership of property brought into the marriage or
acquired after). For private lands, rights may be acquired through voluntary
transactions such as sales and donations, transfer by will, or involuntary transfer such
as foreclosure or tax sales. These transactions are governed by general property and
commercial laws (GOP Civil Code 1949, Books II and III; GOP Family Code 1987b, Tit. 5
Ch. 3).

The law generally provides for equal land access. Under property law and under family
and succession law, men and women have equal property rights. Assets acquired
during cohabitation without marriage are co-owned, and can be encumbered or
disposed of by one partner only with the consent of the other. Within marriage, the
property regime is absolute community of property – unless a different regime is
stipulated in the marriage settlements – and both spouses jointly administer family
property (Family Code 1987b, Arts. 147, 75, 96).

Thus, in order to ensure food security and as proven that women is more efficient than
man in terms of farm production, as such, women must be given equal access and right
to own property through inheritance from their parents. Coming generation, especially
those in the rural areas must enjoy the same rights provided for under our laws. Since,
the practice of patriarchal is merely based on tradition, it may just be right time to
abandon the said practice and instead treat women and men as equal for their
contribution in nation building is considered equal.

With the issue on security of tenure to women in the ownership of lands for economic and
food security, the provision on Transfers and other Changes to Tenure Rights and
Duties and Administration of Tenure can address the issue of land ownership of
women.
As discussed in the VGGT on market, it was stated that the State should recognize and
facilitate fair and transparent sale and lease markets as means of transfer of rights of
use and ownership of land, fisheries and forest. What do this means; the States should
provide all the necessary information to buyers and sellers. Again, it means to protect
the right of women to their total enjoyment of tenurial rights. Though, women can have
ownership of property through this mode, but, under all circumstance, the women
buyer was not accorded the proper mode of acquiring the same for the land subject of
sale was overpriced, then the intent and purpose of tenurial right is violated for the
women was required to pay more to a land with lesser price by reason of the
unavailable protection accorded to her as a buyer. Moreover, under market, it was also
stated therein that policies and laws should be adopted and establish protecting the
rights of buyers. It also establishes mechanism to protect the rights of buyer over the
subject land by guaranteeing peaceful possession over the said property. Under this,
laws were crafted

Under Investment, stated in the VGGT, to which, States should promote and support
responsible investments in land, fisheries and forests that support broader social,
economic and environmental objectives under a variety of farming systems. States
should ensure that all actions are consistent with their existing obligations under
national and international law, and with due regard to voluntary commitments under
applicable regional and international instruments.

The implication of investment to land tenure is the promotion for food security. Women
as great partner in agricultural production must be accorded the necessary and
corresponding protection provided for under this paragraph. With women having a
secured tenure to land they till, agricultural production will not just increase but said
contributor can plan the manner to which it can operate its land holdings and at the
same time, the access to credits will be available to them. As such, their investment on
land tenure must be accorded protection.

With the passage of the Magna Carta for Women where it strengthen women’s equal
right to land ownership, thus, assures their equal right to avail to the benefits
redistributive reform of land tenure may provide. Where said law mandates DAR for the
issuance of EP and CLOA and so with other tenurial rights available provided by DENR.

For purposes of credit availment, valuation may also be adopted. Under this principle,
landholdings owned by women should be given the right valuation so that its credit
access will be given priority. We have to remember that production in agriculture
depends on the input, so with better financing t be received by a women farmer, the
more that it can plan its agricultural activities and the kind of crops it will plant. As
stated in the VGGT, 18.1 that States should ensure that appropriate systems are used
for the fair and timely valuation of tenure rights for specific purposes, such as operation
of markets, security for loans, transactions in tenure rights as a result of investments,
expropriation and taxation. Such systems should promote broader social, economic,
environmental and sustainable development objectives.

Having said that women produces more compared to men farmer, hence, the more
reason that land tenure and ownership right must be accorded to women. With great
production, the tendency is, better income for the family that will result to increase
economic activity, as end result, better income for the government thru tax from
peoples spending’s. At the same time, government should draft a policy that is not
confiscatory or detrimental to women’s ownership to land. Though the State has the
power to raise revenue through taxes, the same should not be to tax payers.

As such, the following VGGT can be accorded to women in order to ensure that their
right to land tenure and ownership be protected.

D. Recommendations

Basically, when we speak about women’s right to own land, the basic issue to be resolve is the
practices and tradition of the community itself towards stewardships to land. Some
communities in the country are still practicing the said kind of attitude. How can we then alter
the said practices? We Filipinos are still beholden to our practices and tradition, though there
have been slight development towards this practices, but practically, we do still practices it. As
such, we should make some move to revisit our said practices. We have to remember that
with our present condition we can no longer afford to just let the men do the economic activity
of providing for the family. Also, as what studies have provided, in partnership with women,
the family is better off, thus, economic condition of the family improves.

Under this instance, the following can be tapped in addressing this issues and their
participation;

Local Government Unit.

With the influence of the LGU to its constituents it can then directly facilitate some dialogues in
order to explain the importance as well as the benefit if both men and women will be equally
empowered. It can also draft some resolution for endorsement for the crafting of laws
acknowledging and re-enforcing present laws.

Educational Institution
For they are the center of education and where knowledge is being mold, its influence must be
used by starting to mold children’s mind about equality of men and women and that they
should share and experience the same kind of protection accorded to every citizen.

Government Offices
With the passage of Republic Act No. 7192, otherwise known as the Women in Development
and Nation Building Act, where all government offices are mandated to allocate 5% of its
operating budget for GAD activities, from then, it is the responsibility of the said government
offices to service its stakeholders who are mostly farmers in the rural areas. Said government
agencies will have a chance to make some information dissemination on the importance of
equal treatment for men and women. As such, it will not only make them aware about each
human rights, but also, it is one way of altering their mind setting that men and women should
be treated equal.

Congress
By passing laws that will enforce equal rights of women to own land.

The Department of Agrarian Reform should:

Expedite the processing of land claims by tenants and recognizing the equal rights of
women tenant over the land they till under the land acquisition and distribution
component of the Comprehensive Agrarian Reform Program. It can also improve
income and tenurial right of women by ensuring that they will receive fair and equitable
share to landholdings it tills.
Community Leaders
With its overarching influence towards its peers, it is them who is in a better position to
impose some rules and guidelines towards changes in customary traditions and
practices that will lead in recognizing equal right of women over family landholding and
their equal right to own land.
Religious Leaders
Basically, we Filipinos still look up to our religious leaders in almost all facets in the society,
thus, they also have influence towards particular community. With that, religious leaders could
help in making some explanation regarding some traditions and practices that may need some
adjustment to cope up with present practices and what laws do so requires.

Civil society actors should

Provide organizing and paralegal support to small farmers, tenants, leaseholders and
farm workers in the negotiation process between tenants and leaseholders, and
landowners, to ensure fair shares in the net proceeds from felled coconut trees and
other crops planted in farms under leasehold arrangements (Conference Paper No.
41, Gendered dynamics of land property relations within a large-scale sugarcane
investment in Isabela, Philippines, by Maria Lisa Alano).