Agrarian Reform:
The Promise and the Reality
History
Land reform has almost always been referred to as the cornerstone
of every administration. Every Philippine administrationfrom Presi-
dent Quezon to President Arroyohas paid some attention to the need
for land reform in one way or another, from issues of tenancy, share
cropping, and leasebacks, to Marcoss rice-and-corn land program (PD
27), and ultimately, to the Aquino governments historic CARP. Surpris-
ingly, while the Comprehensive Agrarian Reform Law (CARL) was her-
alded as the single most important piece of government legislation, it
has never enjoyed the full support it deserves as an integral part of the
national development agenda. Though often dubbed as a centerpiece
36 THE ANTI-DEVELOPMENT STATE: THE POLITICAL ECONOMY OF PERMANENT CRISIS IN THE PHILIPPINES
program, land reform has never been the overarching framework used
by government for its development efforts.1
As such, CARP has clearly been a mix of deep-seated contradic-
tions since its inception. These contradictions pervade its philosophy, its
mandate, its provisions, as well as its administration.
firmed the worst fears of our people, that we are a bastion of conserva-
tism at a time when radical reforms are needed.5
The bill was passed on April 21, 1988, amidst immediate and
open condemnation from the stakeholders it proposed to benefit. It
then moved on to its next stage, the Senate, where it was swiftly ap-
proved and finally, passed as Republic Act 6657 at the bicameral com-
mittee hearing. This gave us the CARP we knowwith a five-hectare
retention limit plus three hectares for legitimate heirs at least fifteen
years old, a mandate to cover all agricultural lands regardless of tenure
and crops produced, a provision for the delivery of support services, and
the creation of an adjudication body that would have sole responsibil-
ity over all agrarian disputes. Its passage clearly expressed the concilia-
tory nature of Philippine elitesan affirmation that they had indeed
reestablished their class power and had utilized state resources to their
own advantage.
Phase 1 1,454,800
Tenanted Rice and Corn (PD 27) 727,800
Idle and Abandoned* 250,000
Voluntary Offer to Sell 400,000
Sequestered Marcos Crony (PCGG) Lands 2,500
Government Owned Lands 74,500
Phase 2 7,387,900
Public Alienable and Disposable 4,495,000
Integrated Social Forestry 1,880,000
Settlements 478,500
Private Lands Above 50 Hectares 534,400
Phase 3 1,352,900
Private Lands 24-50 Hectares 303,100
Private Lands 5-24 Hectares 1,049,800
TOTAL 10,195,600
distributed lands to Aquinos column would still not hike the figure up
to even a million. This exaggerated estimate strengthens Eduardo Tadems
claim that the Aquino administration had a penchant for padding statis-
tics. Judging from the dubious 1990 DAR report, in which then-DAR
Secretary Benjamin Leong initially reported a 310,000-hectare accom-
plishment in distributed lands, only to keep slashing that figure later on,
it has become evident that measuring CARPs performance by the num-
bers can be misleading. To think that the 1990 report boldly claimed
that for a period of ten monthsfrom January to NovemberDAR
distributed 120,909 hectares, but then in the last month of the fiscal
year DAR distributed an astounding 172,436 hectares.12
(PAL = Privately Owned Agricultural Lands; GOL = Government Owned Lands; VOS =
Voluntary Offer-to-Sell; VLT = Voluntary Land Transfer; CA = Compulsory Acquisition;
OLT = Operation Land Transfer under Marcos PD 27 [rice and corn lands]; GFI =
Government Financial Institutions)
few farmer beneficiaries (FBs), these gains seem insignificant when matched
with proposed targets and the grandiose promises.
base and a land registration system. Likewise, land titles reported as al-
ready distributed were still pending either at the provincial or regional
DAR offices. Actual installations never occurred. These problems can be
blamed partly on the reward or incentive system of Garilao for DAR
officials. What was originally intended as a mechanism to fast-track land
acquisition and distribution became the very cause of misleading re-
ports and padded statistics.
According to DARs own report, the delivery of agrarian justice
has also been one of its major accomplishments under Garilao. Through
management interventions, Garilao saw to it that dramatic improve-
ments in case resolution characterized his administration. His intention
to resolve cases swiftly meant slashing the waiting time of litigants to
under a year. About 94 percent to 95 percent of land disputes had
been successfully resolved during Garilaos term (from 53 percent dur-
ing the Aquino administration). This was a marked improvement, espe-
cially in light of the fact that the overall number of cases had more
than doubled during this period while the number the members of the
Department of Agrarian Reform Adjudications Board (DARAB) stayed
the same.20 What these figures fail to specify, however, was, in whose
favor the majority of these cases had been resolvedthe landowners
or the stakeholders? No figures are available to verify this important
detail.
Under Garilao, the DAR also secured the trust and confidence of
foreign donors that shied away from CARP after a string of anomalies
during the Aquino administration. To his credit, Garilao attracted Offi-
cial Development Assistance (ODA) funds totaling Php 22.5 billion to
finance his development project: agrarian reform communities.
off. While there was much else to improve, 57 percent was not an insig-
nificant accomplishment. Garilao had bought time and space for the
new administration to address whatever challenges remained.
It must be remembered, however, that various cases of land conver-
sion and land speculation took place under Ramoss watch. His Philip-
pines 2000 opened a large section of the countryside to real estate as
well as conversion of CARPable lands into technoparks, golf courses,
commercial centers, and malls in Southern Tagalog, Central Luzon, and
Iloilo.
the resolution of pending legal cases that had been filed by landowners.
Such cases would often be resolved in the landowners favor and DAR
would have to confiscate the titles it had distributed. In 1998 the DAR
confiscation figure had reached 20,000 CLTs, 2,500 emancipation pat-
ents (EPs), and 320 CLOAs lost, covering 70,000 hectares and affecting
25,000 farmers.36 Annual accomplishment reports do not accurately re-
flect the actual situation. The number of distributed paper titles are
reported but not how many of these titles have been cancelled.
The JVA scheme, also known as the corporative scheme, was highly
questionable in other ways. For one, Cojuangcos ownership of the land
had not been clearly established. As a Marcos crony, much of Cojuangcos
property was believed to be ill gotten and therefore up for government
sequestration. Assuming he was able to prove legal ownership of the
land, he would still be hard-pressed to explain how he was able to amass
4,361 hectares when there was a private ownership limit of 16 hectares
and a corporate limit of 1,200 hectares. The JVA terms were patently
anti-farmer: ownership was limited to paper titles, the established cor-
poration would be in effect for fifteen to twenty years, and the land-
owner would retain virtual control of the land. There would also be
absolutely no government intervention in the whole affair. DAR would
not even be empowered to monitor what was happening and thus un-
able to ensure fair play.
fields, as if to say that the remaining CARP task were nothing but a walk
in the park. But the most memorable and revealing event would be
Estradas pronouncement that Cojuangco was the godfather of agrarian
reform. Estradas statement sent a clear message to farmers: Cojuango
would remain untouchable during his term. This stripped them of any
illusions they might have had about the Estrada-Morales DAR.
his habit of not showing up for meetings and dialogues with farmers
groups and his failure to act quickly on urgent policy issues and land
tenure cases, it was apparent that his commitments lay elsewhere. It was
not at all surprising that he would eventually abandon his post. In his
two-year stint at DAR, no major policies or accomplishments were pro-
duced and DARs accomplishment was at its lowest, slowing agrarian re-
form implementation to a near-standstill.
Average PAL
Distribution
(in hectares)
money to DARs budget, even after Arroyo already stated her plans to
apportion an initial Php 200 million (from the coco levy fund) as invest-
ment for the livelihood programs of small coconut farmers. A number
of legislators arrogantly said that Arroyo could not unilaterally decide
on the matter since it is Congress that has the mandate to appropriate the
budget. Cojuangco has also refused to let his guard down, cautioning the
government against giving false hopes to small coconut farmers that they
would finally acquire the fund. He warned that he would exhaust all his
means to keep his shares.52 The Kilusang Magbubukid ng Pilipinas (KMP)
and the Pambansang Lakas ng Kilusang Mamalakaya ng Pilipinas
(PAMALAKAYA) have accused Arroyo of having made a pact with the
devil when she declared support for San Miguel Corporations 150,000-
hectare Cassava Plantation Project in Isabela and Quirino provinces last
year.53 The project allegedly displaced thousands of families, including
those who had received their EPs and CLOAs. With Cojuangco consid-
ered a potential ally of the government,54 farmers and agrarian reform
advocate groups are in for a rough time.
Critical Homestretch
Uncertainties in the change of leadership and diffused public at-
tention do not bode well for the future for CARP. On its fifteenth year
CARP has entered its darkest and most difficult phase. CARPs key play-
ers know how vital it is for DAR to be led by a strong and efficient
manager at its most difficult phase.
CARP is but one modality dangled by the state, but the greater
tendency is to go for aggregate growth hitting poverty through
spillover effects; I would say that the state is going through the
motions of agrarian reform but its real agenda is something else.
The ball is really in the hands of social forcesto exert more
pressure and demand that the state fulfill its reform promise.62
beneficiaries. While demonstrations are used to call the state into ac-
count for its reformist promise and to give it a push, land occupations,
which are more than extralegal but illegal, aim for justice despite the
state. These are ways to overcome institutional incapacity or biases, par-
ticularly in terms of property rights. With both, however, success de-
pends on strategy; these measures are best used as tactics rather than as
ends in themselves.
The dynamic of this dilemma is perhaps best illustrated in the case
of the MAPALAD farmers.72 The plight of these farmers caught the
public and presidential eye in 1996-67. Mass demonstrations in support
of the farmers specifically and agrarian reform generally, hunger strikes
by the farmers themselves, a presidential compromise, and a controver-
sial Supreme Court ruling had kept the MAPALAD farmers a media
favorite. Some three years since their defeat at the high court, however,
the farmers had been all but forgotten. The 144 hectares intended by
DAR for 137 farmer beneficiaries lay fallow, and have been so for five
years, since the landowner declared his intention to convert the land.
While the land awaits use, the MAPALAD farmers languish (an ironic
twist, given that the acronym means fortunate in English). Also, their
living conditions are worse than before they had tried to avail them-
selves of CARP. The average farmer scrapes by on less than Php 1000 a
month as a farm laborer; the tedious manufacture of brooms adds Php
50 to his income. Dreams of improving their condition lie embedded in
hectarage that, despite its tantalizing proximity, they have no legal right
over. What is to become of the land? Who knows? Peter Tuminhay,
former president of the MAPALAD cooperative muses, A golf course?
A hotel? They say maybe a racetrack.73
From the start the lines were drawn. When DAR placed the 144-
hectare area in San Vicente, Sumilao, Bukidnon, under CARP in 1990 it
encountered resistance from its related entity, the provincial agrarian re-
form adjudicator (PARAD). It turned out that the area, owned by the
Norberto Quisumbing Sr. Management and Development Corporation
(NQSRMDC) and, at the time, leased to Del Monte Philippines (then
the Philippine Packing Corporation), was a chief source of provincial
revenue as well as a staple of the national export sector. The landowner
petitioned and won PARAD support on the basis of its lease agreement
Agrarian Reform: The Promise and the Reality 71
with Del Monte, and DAR was ordered to desist. Four months before its
lease expired, however, NQSRMDC applied to convert its land from
agricultural to agro-industrial use. (If successful, the NQSRMDC
hectarage would thereby be exempt from CARP.) The local government
unit supported the application and classified the Quisumbing property
as an agro-industrial-institutional area, as well as approved the establish-
ment of the Bukidnon Agro-industrial Development Area (BAIDA)
project.
LGU collaboration was far from coincidental. The historical nexus
between land ownership and political power is exemplified in this case,
in which land is the basis of authority and landlordism coincides with
local government. The enmity then between agrarian reform and local
government is ingrained; the chairman of the agriculture committee of
the Sangguniang Panlalawigan argued to that CARP threatens the ter-
ritorial scope of the LGU and undermines the latters capacity for sus-
tainable growth through agriculture and land markets.74 The conflict,
in short, is over property rights. By virtue of its redistributive mandate
and expropriatory powers, CARP endangers the landed elites source of
political and economic power.
Perhaps aware that DAR had the final say over whether to approve
the NQSRMDC application, the Bukidnon LGU cast its battle with
pro-CARP forces as conceptual, parrying suspicion that the case was
entirely one out of pure self-interest and effectively stealing some of
CARPs reformist thunder.
struggle.86 Simply put, CPAR set the tone for the peasants participation
in policy making and governance. However, the main learning for the
CPAR experience was that it was very difficult to maintain unity among
different-minded groups under a formal coalition since energies tend
to be spent on organizational matters, internal squabbling, and agenda
positioning. More successful were issue-based coalitions, as in the case
of the Kasarinlan sa Pagkain (KSP), which addressed the rice crisis issue
on 1995, and MORE-AR, which acted on the proposed amendment to
CARP to exempt commercial farms, fishponds, and prawn farms. Once
the issue at hand has been addressed or resolved, the coalition then dis-
solves. KSP was composed of DKMP, PAKISAMA (Pambansang Kilusan
ng mga Samahang Magsasaka), Ugnayan, Kalipunan ng mga Maliliit na
Magniniyog sa Pilipinas (KAMMPIL), Citizens Alliance for Consumer
Protection and other concerned POs and NGOs.
The same has been the case for KILOS-SAKA and ARISE Now!.
Coalitions of like-minded organizations have also persisted (i.e., AR
Now! and PARRDS) but have retained a loser formation or structure.
The division within the peasant sector that highly characterized the
early 90s (as manifested in the dissolution of CPAR, NACFAR and other
coalitions, and the split of KMP and other peasant groups) is now ap-
parently being reversed through reaching out efforts from major peas-
ants groups.
Responding to the call for the ouster of Estrada, peasants groups
reconsolidated into loose coalitions, namely KILOS-SAKA and ARISE
Now!. These continue to exist, though as very loose formations.
The KMP/RA-led ARISE Now! mainly comprises peasant groups
allied with the Communist Party and the PAKISAMA bloc. Specifically,
its members are: KMP; PAKISAMA, PAMALAKAYA (Pambansang Lakas
ng Kilusang Mamamalakaya), MAMAMAYAN (Malayang Mangingisdang
Magpapaunlad ng Yaman ng Nayon), AMIHAN ( Pederasyon ng
Kababaihang Magbubukid), LAKAMBINI (Lakas ng Kababaihang
Magbubukid), KAMP (Kalipunan ng mga Katutubong Mamamayan ng
Pilipinas), NFSW (National Federation of Sugar Workers), STOP-EX
(Solidarity of Tobacco Peasants Against Exploitation Ilocos), Peoples
Campaign for Agrarian Reform Network (AR Now!), Task Force
MAPALAD-Negros Occidental, NNARA (National Network of Agrar-
78 THE ANTI-DEVELOPMENT STATE: THE POLITICAL ECONOMY OF PERMANENT CRISIS IN THE PHILIPPINES
to the very poorest due to reduced land access may outweigh CARPs
benefit to select farmer beneficiaries. And these welfare losses are signifi-
cant: the World Bank estimates that landless persons can lose up to 30
percent of their total household income by their lack of access land.
These findings paint a very grim picture. But the answer is not to junk
CARP but to develop the political will to implement it more effec-
tively.
Another way to qualify CARPs accomplishment is by looking at
the degree to which beneficiaries have become self-reliant. The data
speak clearly: for the most part, farmer beneficiaries remain beholden to
many mastersto traders for example, who set prices and provide credit,
to NGOs and to the billions of pesos that filter in as ODA. This is not
to say that farmer beneficiaries have largely weaned themselves away
from their dependency on landlords. CARP has not noticeably lessened
the economic and political might of landlords. At some point, in some
way, farmer beneficiaries will have to reckon with them, and the land-
lords will invariably enjoy the better bargaining position. With this in
mind, FB fear of landlord reprisal is understandable.
Still, owning ones land is better than working someone elses for
30 percent of the produce. With tenure security, productivity will cer-
tainly increase, and the quality of the FBs lifefrom income to school-
ing opportunities for his childrenwill likely improve. Moreover, apart
from the land itself, the process of attaining and maintaining the land is
educational. Experience has shown that farmers who avail themselves of
CARP need to be organized; otherwise farmer beneficiaries would be
unable to access the capital, technology, and services at their disposal.
This struggleto gain and enhance the landis, as Quitoriano ob-
serves, a reflection of political maturity. One measure of civility in
civil society is for individuals to own property and have access to educa-
tion; in this sense, farmer beneficiaries have attained the basic minimum
of owning property and being educated.97 In this light, the true legacy
of CARP remains to be seen.
Notes
1. Jocelyn Hermoso, One Step Forward, Two Steps Back: Agrarian
Reform Policy Today, CyberDyaryo, July 3, 1998.
Agrarian Reform: The Promise and the Reality 85
to distribute the CARP balance at its current accomplishment rate. His pro-
jection prompted him to concede, however, that the task may still be doable
in six yearsif Morales was superman.
28. Figures as documented in the 1999 DAR Performance Report.
29. Maria Mendoza, CARPs Rebirth under a New Administration,
Farm News and Views 12, no. 3 (May-June 1999).
30. Presidential Agrarian Reform Council member
31. Mendoza, op cit.
32. Ibid.
33. Ibid.
34. Interview on 7 February 2001. Dinky Soliman has been an active
advocate of agrarian reform. She was a leading force in the Congress for a
Peoples Agrarian Reform during the CARP debates in Congress.
35. Literally it means, to give then to take back. The concept appears
in Annie Ruth Sabangans article, Land Reform Lost under Estrada, Manila
Times, October 12, 1998, A-5. But it was originally conceptualized by a
farmer leader in Rizal, Ka Elvie Baladad, who coined the term in her posi-
tion paper against CLOA cancellations.
36. Ibid.
37. R. El-Ghomeny in A Discussion Paper on Market-Assisted Land
Reform, prepared by Ernesto G. Lim Jr. for the conference Peasants Con-
tinuing Struggle for Genuine Agrarian Reform.
38. Ibid.
39. Quoted from CARP in Crisis, PARRDS statement on the 14th
Year Anniversary of CARP.
40. Carmina Flores of Philippine Peasant Institute claims that PPI
was the first to criticize GMAs decision for appointing Roberto Pagdanganan
because of his real estate background. And apart from sponsoring Real Es-
tate Developers Forum, renewed land conversion drives are blatant under the
low cost housing program scheme of the current administration. Interview,
October 1, 2003.
41. This was part of her speech during CARPs 14th anniversary in
2002. Further claiming that asset reform is a priority focus of her adminis-
tration.
42. Quoted by Jose Rodito Angeles, spokesperson of Task Force Mapalad
in a press statement by the group last April 30, 2003.
43. Tony Lopez, Obets big bet on CARP and Coops, BizNews Asia 1,
no. 35 (July 7-21, 2003): 16.
44. 100 days of Limbo Is Enough: The Time for Action Is Now! AR
NOW! press statement, June 1, 2003.
88 THE ANTI-DEVELOPMENT STATE: THE POLITICAL ECONOMY OF PERMANENT CRISIS IN THE PHILIPPINES