Agrarian reform

From Wikipedia, the free encyclopedia

Agrarian reform can refer either, narrowly, to government-initiated or government-backed
redistribution of agricultural land (see land reform) or, broadly, to an overall redirection of
the agrarian system of the country, which often includes land reform measures. Agrarian reform
can include credit measures, training, extension, land consolidations, etc. The World
Bank evaluates agrarian reform using five dimensions: (1) stocks and market liberalization, (2)
land reform (including the development of land markets), (3) agro-processing and input supply
channels, (4) urban finance, (5) market institutions. [1]
Ben Cousins defines the difference between agrarian reform and land reform as follows:
Land reform is concerned with rights in land, and their character, strength and distribution,
while [agrarian reform] focuses not only on these but also a broader set of issues: the class
character of the relations of production and distribution in farming and related enterprises, and
how these connect to the wider class structure. It is thus concerned economic and political power
and the relations between them[2]

Along similar lines, a 2003 World Bank report states,

A key precondition for land reform to be feasible and effective in improving beneficiaries'
livelihoods is that such programs fit into a broader policy aimed at reducing poverty and
establishing a favourable environment for the development of productive smallholder agriculture
by beneficiaries.[3]

Examples of other issues include "tenure security" for "farm workers, labour tenants, farm
dwellers [and] tenant peasants", which makes these workers and tenants better prospects for
receiving private-sector loans;[4] "infrastructure and support services";[5] government support of
"forms of rural enterprise" that are "complementary" to agriculture; [6]and increased community
participation of government decisions in rural areas.[6]
Pre-Spanish Period

RAFAEL
This land is Ours God gave this land to us

Before the Spaniards came to the Philippines, Filipinos lived in villages or barangays ruled by chiefs or datus. The datus comprised
the nobility. Then came the maharlikas (freemen), followed by the aliping mamamahay (serfs) and aliping saguiguilid (slaves).

However, despite the existence of different classes in the social structure, practically everyone had access to the fruits of the soil.
Money was unknown, and rice served as the medium of exchange.
RAFAEL

Spanish Period

RAFAEL
United we stand, divided we fall

When the Spaniards came to the Philippines, the concept of encomienda (Royal Land Grants) was introduced. This system grants
that Encomienderos must defend his encomienda from external attack, maintain peace and order within, and support the
missionaries. In turn, the encomiendero acquired the right to collect tribute from the indios (native).

The system, however, degenerated into abuse of power by the encomienderos The tribute soon became land rents to a few powerful
landlords. And the natives who once cultivated the lands in freedom were transformed into mere share tenants.
RAFAEL

1st Philippine Republic

RAFAEL
The yoke has finally broken

When the First Philippine Republic was established in 1899, Gen. Emilio Aguinaldo declared in the Malolos Constitution his intention
to confiscate large estates, especially the so-called Friar lands.

However, as the Republic was short-lived, Aguinaldos plan was never implemented.
RAFAEL

American Period

RAFAEL
Long live America

Significant legislation enacted during the American Period:

Philippine Bill of 1902 Set the ceilings on the hectarage of private individuals and corporations may acquire: 16 has. for
private individuals and 1,024 has. for corporations.

Land Registration Act of 1902 (Act No. 496) Provided for a comprehensive registration of land titles under the Torrens
system.

Public Land Act of 1903 introduced the homestead system in the Philippines.

Tenancy Act of 1933 (Act No. 4054 and 4113) regulated relationships between landowners and tenants of rice (50-50
sharing) and sugar cane lands.

The Torrens system, which the Americans instituted for the registration of lands, did not solve the problem completely. Either they
were not aware of the law or if they did, they could not pay the survey cost and other fees required in applying for a Torrens title.
RAFAEL

Commonwealth Period

RAFAEL
Government for the Filipinos

President Manuel L. Quezon espoused the "Social Justice" program to arrest the increasing social unrest in Central Luzon.

Significant legislation enacted during Commonwealth Period:

1935 Constitution "The promotion of social justice to ensure the well-being and economic security of all people should be
the concern of the State"

Commonwealth Act No. 178 (An Amendment to Rice Tenancy Act No. 4045), Nov. 13, 1936 Provided for certain controls in
the landlord-tenant relationships

National Rice and Corn Corporation (NARIC), 1936 Established the price of rice and corn thereby help the poor tenants as
well as consumers.

Commonwealth Act. No. 461, 1937 Specified reasons for the dismissal of tenants and only with the approval of the Tenancy
Division of the Department of Justice.

Rural Program Administration, created March 2, 1939 Provided the purchase and lease of haciendas and their sale and
lease to the tenants.

Commonwealth Act No. 441 enacted on June 3, 1939 Created the National Settlement Administration with a capital stock of
P20,000,000.

RAFAEL

Japanese Occupation

RAFAEL
The Era of Hukbalahap

The Second World War II started in Europe in 1939 and in the Pacific in 1941.

Hukbalahap controlled whole areas of Central Luzon; landlords who supported the Japanese lost their lands to peasants while those
who supported the Huks earned fixed rentals in favor of the tenants.

Unfortunately, the end of war also signaled the end of gains acquired by the peasants.

Upon the arrival of the Japanese in the Philippines in 1942, peasants and workers organizations grew strength. Many peasants took
up arms and identified themselves with the anti-Japanese group, the HUKBALAHAP (Hukbo ng Bayan Laban sa Hapon).
RAFAEL

Philippine Republic

RAFAEL
The New Republic

After the establishment of the Philippine Independence in 1946, the problems of land tenure remained. These became worst in
certain areas. Thus the Congress of the Philippines revised the tenancy law.
RAFAEL

Manuel Roxas (1946-1948) enacted the following laws:

Republic Act No. 34 -- Established the 70-30 sharing arrangements and regulating share-tenancy contracts.

Republic Act No. 55 -- Provided for a more effective safeguard against arbitrary ejectment of tenants.

Elpidio Quirino (1948-1953) enacted the following law:

Executive Order No. 355 issued on October 23, 1950 -- 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.
 President Ramon Magsaysay (1953-1957) enacted the following laws:

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.

President Carlos P. Garcia (1957-1961)

Continued the program of President Ramon Magsaysay. No new legislation passed.

President Diosdado Macapagal (1961-1965) enacted the following law:

Republic Act No. 3844 of August 8, 1963 (Agricultural Land Reform Code) -- Abolished share tenancy, institutionalized leasehold, set
retention limit at 75 hectares, invested rights of preemption and redemption for tenant farmers, provided for an administrative
machinery for implementation, institutionalized a judicial system of agrarian cases, incorporated extension, marketing and supervised
credit system of services of farmer beneficiaries.

The RA was hailed as one that would emancipate Filipino farmers from the bondage of tenancy.

President Ferdinand Marcos (1965-1986). Proclamation No. 1081 on September 21, 1972 ushered the Period of the New
Society. Five days after the proclamation of Martial Law, the entire country was proclaimed a land reform area and simultaneously the
Agrarian Reform Program was decreed.

President Marcos enacted the following laws:

 Republic Act No. 6389, (Code of Agrarian Reform) and RA No. 6390 of 1971 -- Created the Department of Agrarian Reform
and the Agrarian Reform Special Account Fund. It strengthen the position of farmers and expanded the scope of agrarian reform.

Presidential Decree No. 2, September 26, 1972 -- Declared the country under land reform program. It enjoined all agencies
and offices of the government to extend full cooperation and assistance to the DAR. It also activated the Agrarian Reform
Coordinating Council.

Presidential Decree No. 27, October 21, 1972 -- Restricted land reform scope to tenanted rice and corn lands and set the
retention limit at 7 hectares.

President Corazon C. Aquino (1986-1992)

The Constitution ratified by the Filipino people during the administration of President Corazon C. Aquino provides under Section 21
under Article II that The State shall promote comprehensive rural development and agrarian reform.

On June 10, 1988, former President Corazon C. Aquino signed into law Republic Act No. 6657 or otherwise known as the
Comprehensive Agrarian Reform Law (CARL). The law became effective on June 15, 1988.

Subsequently, four Presidential issuances were released in July 1987 after 48 nationwide consultations before the actual law was
enacted.

President Corazon C. Aquino enacted the following laws:

Executive Order No. 228, July 16, 1987 Declared full ownership to qualified farmer-beneficiaries covered by PD 27. It also
determined the value remaining unvalued rice and corn lands subject of PD 27 and provided for the manner of payment by the FBs
and mode of compensation to landowners.

Executive Order No. 229, July 22, 1987 Provided mechanism for the implementation of the Comprehensive Agrarian
Reform Program (CARP).

Proclamation No. 131, July 22, 1987 Instituted the CARP as a major program of the government. It provided for a special
fund known as the Agrarian Reform Fund (ARF), with an initial amount of Php50 billion to cover the estimated cost of the program
from 1987-1992.

Executive Order No. 129-A, July 26, 1987 streamlined and expanded the power and operations of the DAR.

Republic Act No. 6657, June 10, 1988 (Comprehensive Agrarian Reform Law) An act which became effective June 15,
1988 and instituted a comprehensive agrarian reform program to promote social justice and industrialization providing the mechanism
for its implementation and for other purposes. This law is still the one being implemented at present.
 Executive Order No. 405, June 14, 1990 Vested in the Land Bank of the Philippines the responsibility to determine land
valuation and compensation for all lands covered by CARP.

Executive Order No. 407, June 14, 1990 Accelerated the acquisition and distribution of agricultural lands, pasture lands,
fishponds, agro-forestry lands and other lands of the public domain suitable for agriculture.

President Fidel V. Ramos (1992-1998) When President Fidel V. Ramos formally took over in 1992, his administration
came face to face with publics who have lost confidence in the agrarian reform program. His administration committed to the vision
Fairer, faster and more meaningful implementation of the Agrarian Reform Program.

President Fidel V. Ramos enacted the following laws:

Republic Act No. 7881, 1995 Amended certain provisions of RA 6657 and exempted fishponds and prawns from the
coverage of CARP.

Republic Act No. 7905, 1995 Strengthened the implementation of the CARP.

Executive Order No. 363, 1997 Limits the type of lands that may be converted by setting conditions under which limits the
type of lands that may be converted by setting conditions under which specific categories of agricultural land are either absolutely
non-negotiable for conversion or highly restricted for conversion.

Republic Act No. 8435, 1997 (Agriculture and Fisheries Modernization Act AFMA) Plugged the legal loopholes in land use
conversion.

Republic Act 8532, 1998 (Agrarian Reform Fund Bill) Provided an additional Php50 billion for CARP and extended its
implementation for another 10 years.

President Joseph E. Estrada (1998-2000) ERAP PARA SA MAHIRAP. This was the battle cry that endeared President
Joseph Estrada and made him very popular during the 1998 presidential election.

President Joseph E. Estrada initiated the enactment of the following law:

Executive Order N0. 151, September 1999 (Farmers Trust Fund) Allowed the voluntary consolidation of small farm operation into
medium and large scale integrated enterprise that can access long-term capital.

During his administration, President Estrada launched the Magkabalikat Para sa Kaunlarang Agraryo or MAGKASAKA. The DAR
forged into joint ventures with private investors into agrarian sector to make FBs competitive.

However, the Estrada Administration was short lived. The masses who put him into office demanded for his ouster.

President Gloria Macapacal-Arroyo (2000-present) The agrarian reform program under the Arroyo administration is
anchored on the vision To make the countryside economically viable for the Filipino family by building partnership and promoting
social equity and new economic opportunities towards lasting peace and sustainable rural development.

Land Tenure Improvement - DAR will remain vigorous in implementing land acquisition and distribution component of CARP. The
DAR will improve land tenure system through land distribution and leasehold.

Provision of Support Services - CARP not only involves the distribution of lands but also included package of support services which
includes: credit assistance, extension services, irrigation facilities, roads and bridges, marketing facilities and training and technical
support programs.

Infrastrucre Projects - DAR will transform the agrarian reform communities (ARCs), an area focused and integrated delivery of
support services, into rural economic zones that will help in the creation of job opportunities in the countryside.

KALAHI ARZone - The KALAHI Agrarian Reform (KAR) Zones were also launched. These zones consists of one or more
municipalities with concentration of ARC population to achieve greater agro-productivity.

Agrarian Justice - To help clear the backlog of agrarian cases, DAR will hire more paralegal officers to support undermanned
adjudicatory boards and introduce quota system to compel adjudicators to work faster on agrarian reform cases. DAR will respect the
rights of both farmers and landowners.
AGRARIAN REFORM HISTORY

Uncovering the Roots of Land Ownership Problems

Pre-Colonial Times (Before 16th Century)

The Philippines, even before being colonized by different countries, already have developed an
organization for their communities. The land owned by these communities is known as barangay
which consists of 30-100 families which is administered by different chiefs.

In these barangays, everyone regardless of status had access on the land and mutually shares
resources to the rest of the community. They believed in and practiced the concept of stewardship
where relationship between man and nature is important.

Land cultivation was done commonly by kaingin system or the slash and burn method wherein land
was cleared by burning the bushes before planting the crops or either land was plowed and harrowed
before planting. On the other hand, food production was intended for family consumption only at first
but later on neighboring communities where engaged in a barter trade, exchanging their goods with
others. Some even traded their agricultural products with luxury items of some foreign traders like the
Chinese, Arabs and Europeans.

The only recorded transaction of land sale during that time was the Maragtas Code. This is the selling
of the Panay Island to the ten Bornean datus in exchange for a golden salakot and a long gold
necklace. Although the Code of Luwaranwas one of the oldest written laws of the Muslim society
which contains provision on the lease of cultivated lands, there was no record how the lease
arrangement was practiced.

Spanish Era (1521-1896)

When the Spanish came to the country in 1521, they introduced pueblo an agriculture system
wherein the native rural communities were organized into pueblo and each Christianized native family
is given four to five hectares of land to cultivate, thus there is no landless class.

Nonetheless, these native families are merely landholders and not legitimate landowners. By law, the
land assigned to them was the property of the Spanish King where they pay their colonial tributes to
the Spanish authorities in the form of agricultural products that they produce.

At the beginning of the 19th century, the Philippines as a colony of Spain implemented policies that
would mainstream the country into the world of capitalism. The economy was opened to the world
market as exporter of raw materials and importer of finished goods. The agricultural exports were
mandated and hacienda system was developed as a new form of ownership. More people lost their
lands and were forced to become tillers.

Agricultural tenancy during that time originated when the Spanish crown implemented the Laws of the
Indies. The law awards vast tracts of land to the religious orders in the country. Some of them are
awarded to the Spanish military as reward for their service (also known as repartiamentos), and to the
other Spaniards known as encomienderos to manage and have the right to receive tributes from the
natives tilling the land also known as encomiendas. Because of this, the natives within these areas
became mere tillers working for a share of crops. They did not even have any rights to the land.

Ideally the purpose of the encomienda system is for the encomienderos to protect the natives and
further introduce them into Catholic faith in exchange for tribute from the natives. But abusive
encomienderos collected more tributes that became the land rentals from the natives living in the
area.
A compras y vandalas system was practiced wherein tillers were made to compulsory sell at a very
low price or surrender their agricultural harvests to Spanish authorities where encomienderos can
resell it for a profit. People of the encomiendas were also required to render personal services on
public and religious work and as a household help to the encomienderos.

In 1865, there was a law made by the Spanish crown ordering landholders to register their
landholdings but only a few were aware of this decree so they were the only ones who were able to
register their lands. Ancestral lands were claimed and registered in other peoples names (Spanish
officials, inquilinos and caciques or local chieftains). As a result, many peasant families were driven
out from the lands they have been cultivating for centuries or were forced to become tillers.

In 1893, the Ley Hipotecaria or the Mortgage Law was introduced that provides the systematic
registration of titles and deeds as well as ownership claims. This law was mainly a law on registration
of properties rather than a mortgage law.

In 1894, the last Spanish Land Law promulgated in the Philippines was The Maura Law or Royal
Decree of 1894. This law states that farmers and landholders were given one year to register their
agricultural lands to avoid declaration of it as a state property.

With the encomienda system still being used despite the different laws passed by the Spanish crown
more and more tillers were abused, exploited and deprived of their rights. The revolution of peasants
and farmers in 1896 articulated their aspirations for agrarian reform and for a just society. Women
also fought for freedom and played an important role in the planning and implementing the activities of
the revolutionary movements.

The result of this revolution has made the government confiscate the large landed estates, especially
the friar lands and declared these lands as properties of the government.(Malolos Constitution, 1896,
Article XVII)

American Era (1898-1935)

Realizing that being landless was the main cause ofsocial unrest and revolt at that time, the
Americans sought to put an end to the miserable conditions of the tenant tillers and small farmers by
passing several land policies to widen the base of small landholdings and distribute land ownership
among the greater number of Filipino tenants and farmers.

In connection to this, the Philippine Bill of 1902 was passed which provided regulations on the
disposal of public lands wherein a private individual can own 16 hectares of land while the corporate
land holdings can avail of 1, 024 hectares. This also gave the rights to the Americans to own
agricultural lands.

The Torrens system of land registration was also introduced during the American colonial period. This
was made to replace the registration system that was implemented by the Spaniards. The reason why
they made a different system of registration was that some 400,000 native farmers were without titles
at the start of the American era and this situation was also aggravated by the absence of records of
issued titles and accurate land surveys.

The Land Registration Act of 1902 or Act No. 496 placed all private and public lands under Torrens
system. While the Cadastral Act or Act No. 2259 speeds up the issuance of Torrens titles. This was
done by surveying a municipality and presented the result to the land registration court.

A program called the Homestead Program was introduced in 1903 that allowed an enterprising tenant
to acquire a farm of at least 16 hectares to cultivate. However, the program was not implemented
nationwide and was introduced only in some parts of Mindanao and Northern Luzon, where there
were available public alienable and disposable lands.

There are also other agrarian laws that were introduced during the American era like the First Public
Land Act or Act No. 926 which provided rules and regulations for selling and leasing portions of the
public domain, completing defective Spanish land titles, canceling, and confirming Spanish
concessions. Another is the Second Public Land Act of 1919 or Act 2874 which limits the use of
agricultural lands to Filipinos, Americans, and citizens of other countries. On the other hand, the Act
No. 141 amended the Second Public Act of 1919 or Act No. 2874. The revision consists of a
temporary provision of equality on the rights of American and Filipino citizens and corporations. It also
compiled all pre-existing laws relative to public lands into a single instrument.

There is also the Friar Land Act or Act No. 1120 which provided the administrative and temporary
leasing and selling of friar lands to its tillers. The first legislation regulating the relationships of landlord
and tenants and the first law to legalize a 50-50 crop sharing arrangement was also introduced in the
American era and is known as the Rice Share Tenancy Act of 1933 or Act No. 4054. There is also the
Sugarcane Tenancy Contracts Act of 1933 or Act No. 4113 which regulated the relationship of landlord
and tenants in the sugarcane fields and required tenancy contracts on land planted to sugarcane.

However, despite the different land policies passed during that time, the farmers situation did not
improve at all. In fact, it further worsened the land ownership situation, where there was no limit on the
size of landholdings one could possess. Landholdings were once again concentrated in the hands of
fewer individuals who can afford to buy, register, and acquire fixed titles of their properties. Therefore,
more lands were placed under tenancy.

As a result, there were widespread peasant uprisings, headed by the armed peasants groups known
as Colorum and Sakdalistaof Luzon and Northeastern Mindanao respectively. These uprisings
resulted to social disorder in 1920s and 1930s. Hence, more militant peasants and workers
organizations bonded together for a more collective action against the abuses of landlords and unjust
landownership situation. This gave birth to the Communist Party of the Philippines.

Commonwealth Years (1935-1942)

During these years the situation of land ownership and tenancy were characterized by the contrasting
economic and political lifestyle between tenant and the landlord. Landlords became richer and
powerful while the tenants were deprived of their rights, became poorer and absentee landowners
increased. They preferred to go after new opportunities in the cities and left their farms idle to the
management of katiwalas. As a result, haciendas were poorly and unjustly managed.

A small plot of land cultivated by an average peasant farmer could not sustain a decent living for his
family. Tenants and farmers shouldered excessive fines, unfair taxation and usury. Systems for credit
and marketing of rice were lacking thus, farmers received a very low selling price.

Consequently, peasant uprising became widespread all over the country.

As a response to these situations, the government under the stewardship of President Quezon
realized that land reform programs should be implemented immediately. They saw the purchase of
friar lands as a possible way to solve the problem of inequitable land ownership. They also saw that
the Homestead program could be transformed into a massive resettlement program, if properly
implemented.

Japanese Era

During the Japanese occupation, peasants and workers organized the HUKBALAHAP (Hukbong
Bayan Laban sa mga Hapon) on March 29, 1942 as an anti-Japanese group. They took over vast
tracts of land and gave the land to the people.

For them, the war was a golden opportunity for peoples initiative to push pro-poor programs.
Landlords were overpowered by the peasants but unfortunately at the end of the war, through the help
of the military police and civilian guards, landlords were able to retrieve their lands from the
HUKBALAHAP.

Evolution of Initiatives on Land Reform

 Manuel L. Quezon (1935-1944)

Some of the Agrarian Reform laws were passed during the administration of Manuel L. Quezon:

RA 4054 or the Rice Tenancy Law was the first law on crop sharing which legalized the 50-50 share
between landlord and tenant with corresponding support to tenants protecting them against abuses of
landlords. However, this law was hardly implemented because most of the municipal councils were
composed of powerful hacienderos and big landlords. In fact, only one municipality passed a
resolution for its enforcement and majorities have petitioned its application to the Governor General.
The 1935 Constitution provided specific provisions on social justice and expropriation of landed
estates for distribution to tenants as a solution to the land ownership and tenancy problems.

Commonwealth Act No. 461 specified that dismissal of a tenant should first have the approval of
Tenancy Division of the Department of Justice.
Commonwealth Act No. 608 was enacted to establish security of tenure between landlord and tenant.
It prohibited the common practice among landowners of ejecting tenants without clear legal grounds.
President Quezons program on land reform includes making a laid down social justice program that
focused on the purchased of large haciendas which were divided and sold to tenants. This
administration was also responsible in establishing the National Rice and Corn Corporation (NARICC)
and assigning public defenders to assist peasants in court battles for their rights to till the land.

During this period, the Court of Industrial Relations (CIR) was set up to exercise jurisdiction over
disagreements arising from agri-workers and landowner relationship. It was also during this time that
the Rice Tenancy Act (Act No. 4054) was amended.

The Homestead Program continued through the creation of the National Land Settlement
Administration (CA No. 441) and tenancy problems were covered through CA Nos. 461 and 608.

But the implementation of land reform during Quezons administration was hindered because of the
budget allocation for the settlement program made it impossible for the program to succeed. Also
most landlords did not comply with the Rice Share Tenancy Act. Widespread peasant uprising against
abusive landlords also continued. In addition, the outbreak of the World War II put a stopped to the
landownership and tenancy interventions during this period.
 Manuel Roxas (1946-1948)

The Republic Act No. 34 was passed during the administration of Manuel Roxas and it enacted to
establish a 70-30 sharing arrangement between tenant and landlord. The 70% of the harvest will go to
the person who shouldered the expenses for planting, harvesting and for the work animals. With this,
it reduced the interest of landowners loans to tenants at not more than 6%.

President Roxas also negotiated for the purchase of 8,000 hectares of lands in Batangas owned by
the Ayala-Zobel family. These were sold to landless farmers.

However, due to lack of support facilities, the farmers were forced to resell their lands to the
landowning class. This failure gave basis to doubt the real meaning of land reform program.

Elpidio R. Quirino (1948-1953)

In Elpidio Quirinos administrations, the Executive Order No. 355, the Land Settlement Development
Corporation (LASEDECO) was established to accelerate and expand the peasant resettlement
program of the government. However, due to limited post-war resources, the program was not
successful.
 Ramon Magsaysay (1953-1957)

When President Magsaysay was elected as the president of the country he realized the importance of
pursuing a more honest-to-goodness land reform program. So he convinced the elite controlled
congress to pass several legislation to improve the land reform situation in the county. Some of these
are:

R.A. No. 1199 (1954): Agricultural Tenancy Act basically governed the relationship between
landholders and tenant-farmers. This law helped protect the tenure rights of tenant tillers and enforced
fair tenancy practices.

R.A. No. 1160 (1954): Free distribution of Resettlement and Rehabilitation and Agricultural land and
an Act establishing the National Resettlement and Rehabilitation Administration (NARRA).

R.A. No. 1400 (1955): Land Reform Act or known as Land to the Landless Program which sought
improvement in land tenure and guaranteed the expropriation of all tenanted landed estates.

R.A. No. 1266 (1955) Expropriation of Hacienda del Rosario, situated at Valdefuente, Cabanatuan
City

He implemented the Agricultural Tenancy Act by establishing the Court of Agricultural Relations in
1955 to improve tenancy security, fix the land rentals on tenanted farms and to resolve the many land
disputes filed by the landowners and peasant organizations.

He also created the Agricultural Tenancy Commission to administer problems arising from tenancy.
Through this Commission 28,000 hectares were issued to settlers.

Under President Magsaysay the Agricultural Credit and Cooperative Financing Administration
(ACCFA) was created. This is a government agency formed to provide warehouse facilities and assist
farmers market their products and established the organization of the Farmers Cooperatives and
Marketing Associations (FACOMAs).

With the passing of RA 1160 of 1954, President Magsaysay pursued the resettlement program
through the National Resettlement and Rehabilitation Administration (NARRA). This law established
the governments resettlement program and accelerated the free distribution of agricultural lands to
landless tenants and farmers. It particularly aimed to convince members of the HUKBALAHAP
movement to return to a peaceful life by giving them home lots and farmlands.

This administration also spearheaded the establishment of the Agricultural and Industrial Bank to
provide easier terms in applying for homestead and other farmland.

With all the programs and bills passed under his administration, out of the targeted 300 haciendas for
distribution, only 41 were distributed after its 7 years of implementation. This was due to lack of funds
and inadequate support services provided for these programs.

As a result, landlords continued to be uncooperative and critical to the program and landownership
and tenancy problems continued.

Carlos P. Garcia (1957-1961)

There was no legislation passed in Carlos Garcias term but he continued to implement the land
reform programs of President Magsaysay.

Diosdado Macapagal (1961-1965)

It was during Diosdado Macapagal that the Agricultural Land Reform Code or RA No. 3844 was
enacted, more specifically on August 8, 1963. This was considered to be the most comprehensive
piece of agrarian reform legislation ever enacted in the country that time. Because of this, President
Diosdado Macapagal was considered as the Father of Agrarian Reform.

diosdado macapagalThe RA No. 3844 was considered as such because this Act abolished share
tenancy in the Philippines. It prescribed a program converting the tenant farmers to lessees and
eventually into owner-cultivators. Moreover, it aimed to free tenants from the bondage of tenancy and
gave hope to poor Filipino farmers to own the land they are tilling. Finally, it emphasized owner-
cultivator relationship and farmer independence, equity, productivity improvement and the public
distribution of land.

However, the landed Congress did not provide effort to come up with a separate bill to provide funding
for its implementation. The act was piloted in the provinces of Pangasinan, Bulacan, Nueva Ecija,
Pampanga, Tarlac, Occidental Mindoro, Camarines Sur and Misamis Oriental. It acquired a total of
18,247.06 hectares or 99.29% out of the total scope of 18,377.05 hectares. The program benefited
7,466 farmer beneficiaries. (BLAD-DAR Official Records)

Ferdinand E. Marcos (1965-1986)

When President Marcos assumed office, he immediately directed the massive implementation of the
leasehold phase of the land reform program by signing into law the Code of Agrarian Reforms in the
Philippines or RA No. 6389 and its companion bill RA No. 6390. The Code of Agrarian Reforms or RA
No. 6389 governed the implementation of the agrarian reform in the Philippines. This law instituted the
Code of Agrarian Reforms and significantly amended several provisions of Agricultural Land Reform
Code or RA 3844 of President Macapagal. It created the Department of Agrarian Reform, a separate
administrative agency for agrarian reform, replacing the Land Authority.

RA 6390 was enacted to accelerate the implementation of the of the agrarian reform program in the
fields of land acquisition and agricultural credit. Through the Code, an AR Special Account in the
General Fund was created that exclusively finance the agrarian reform program.

The core of the Agrarian Reform Program of President Marcos was Presidential Decree No. 2,
proclaiming the entire country as a land reform area and Presidential Decree No. 27, decreeing the
emancipation of tenants from the bondage of soil, transferring to them the ownership of the land they
till and providing the needed instruments and mechanisms. This law provided for tenanted lands
devoted to rice and corn to pass ownership to the tenants. It also lowered the ceilings for landholdings
to 7 hectares. The law stipulated that share tenants who worked from a landholding of over 7 hectares
could purchase the land they tilled, while share tenants on land less than 7 hectares would become
leaseholders.

This agrarian reform program was designed to uplift the farmers from poverty and ignorance and to
make them useful, dignified, responsible and progressive partners in nation-building. This AR program
was a package of services extended to farmers in the form of credit support, infrastructure, farm
extension, legal assistance, electrification and development of rural institutions.

President Marcos Agrarian Reform Program is characterized by five major components and these are
Land Tenure Program, Institutional Development, Physical Development, Agricultural Development,
and Human Resources.

The Agrarian Reform Programs was also labeled as revolutionary by some sectors because it was
pursued under Martial Law and intended to make quick changes without going through legislative or
technical processes and another reason is that it was the only law in the Philippines ever done in
handwriting.

Nevertheless, the program also posed some limitations which includes limited scope of the program
since it was only directed for the tenanted, privately-owned rice and corn lands; there was monopoly
of businessmen in both coconut and sugar industries; foreign and local firms were allowed to use
large tracks of land for their business; and because of the declaration of Martial Law several farmer
leaders were arrested without due process of law.

Corazon C. Aquino (1986-1992)

The 1987 Philippine Constitution set the direction of agrarian reform in the Aquino administration. The
1987 Constitution affirmed that The State shall promote comprehensive rural development and
agrarian reform. (Article 2, Section 21)

When President Cory Aquino seated as the President of the country, several legislations and
issuances on Agrarian Reform were passed. Some of them are:

Proclamation 131instituted the Comprehensive Agrarian Reform Program (CARP) as a major program
of the government. It provided for a special fund known as the Agrarian Reform Fund (ARF) in the
amount of 50 billion pesos to cover the estimated cost of the program for the period 1987-1997.

EO 129-Areorganized the Department of Agrarian Reform and expanded in power and operations. It
is known that the record and legacy of the Aquino Administration in Agrarian Reform is the Executive
Summary, Planning Service, and DAR.

EO 228 declared full ownership of the land to qualified farmer-beneficiaries covered by PD 27. It also
regulated the value of remaining rice and corn lands for coverage provided for the manner of payment
by the farmer-beneficiaries and the mode of compensation to the landowners.

EO 229 provided the administrative processes for land registration or LISTASAKA program,
acquisition of private land and compensation procedures for landowners. It specified the structure and
functions of units that will coordinate and supervise the implementation of the program.

RA 6657 or Comprehensive Agrarian Reform Law is an act instituting a comprehensive agrarian

reform program to promote social justice and Industrialization, providing the mechanism for its
implementation and for other purposes.

To strengthen CARP and fast track its implementation, President Aquino issued the following
Executive Orders (EO):
E.O. No. 405 gave the Land Bank of the Philippines the primary responsibility for the land valuation
function in order for DAR to concentrate its efforts on the identification of landholdings and
beneficiaries, the distribution of acquired lands, and the other sub-components of the program.

E.O. No. 406 emphasized that CARP is central to the governments efforts to hasten countryside
agro-industrial development and directed the implementing agencies to align their respective
programs and projects with CARP.

This created CARP implementing teams from the national to the municipal levels and gave priority to
24 strategic operating provinces where the bulk of CARP workload lies.

E.O. No. 407 directed all government financing institutions (GFIs) and government owned and
controlled corporations (GOCCs) to immediately transfer to DAR all their landholdings suitable for
agriculture.

E.O. No. 448pursued the policy that government should lead the efforts in placing lands for coverage
under CARP. It directed the immediate turn-over of government reservations, no longer needed, and
that are suitable for agriculture.

Some of the accomplishments achieved during the Aquino administration with regards to the
implementation of the Agrarian Reform Programs are the grants and budgetary support from official
development assistance (ODA) circles poured in during this administration. Various sectors likewise
recognized agrarian reform as a worthwhile social investment. In terms of the tenant-tiller status, it
improved particularly those within landowners retained areas or on landholdings subject for coverage.

It is also during this administration that the present adjudication system was introduced. This gave
DAR the original and exclusive jurisdiction over agrarian disputes as quasi-judicial powers.

Also, the livelihood and agro-industrial projects promoted and the program of support services were
intensified to help farmer beneficiaries become productive and transform them into entrepreneurs.

The administration received much support and active involvement in program implementation from
key stakeholders such as peoples organization, farmers association, NGOs and from prominent
landowners themselves.

On the other hand, the administration also face challenges in the implementation of CARP for
example on land evaluation, one very specific case is the Garchitorena land scam. There were also
issues on the absence of a clear cut guideline that would answer problems on land use conversion.
Minimal efforts were exerted to discouraged and/or prevent conversion of lands into other use.

Despite the Agrarian Reform Fund (ARF), the administration experienced a major budgetary shortfall
due to low remittances from the Asset Privatization Trust and the Presidential Commission on Good
Government.

The administration also experienced constant changes in DAR leadership. This led to lack of
continuity of priority, programs and projects.

Allegation on lack of political wills leadership and genuine commitment to implement the program.
Critics say that the President could have implemented a genuine agrarian reform program because of
her revolutionary powers after People Power I.
 Fidel V. Ramos (1992-1998)

The Ramos administration is recognized for bringing back support of key stakeholders of CARP by
bridging certain policy gaps on land acquisition and distribution, land evaluation, and case resolution.
It is also credited for enhancing internal operating systems and strengtheningthe capabilities of the
DAR bureaucracy and for tapping more resources to help implement the program.

During this time guidelines and procedures were formulated to facilitate acquisition and distribution of
lands:

DAR AO No. 2 (1992) consists of rules and procedures governing the distribution of cancelled or
expired pasture lease agreements and Timber License Agreements under EO 407.

DAR AO No. 1 (1993) is the amendment to certain provisions of the Administrative Order No. 9 Series
of 1990, entitled Revised Rules and Regulations Governing the Acquisition of Agricultural Lands
Subject of Voluntary Offer to Sell and Compulsory Acquisition Pursuant to RA 6657.

Joint DAR-LBP AO No. 3 (1994) is the policy guidelines and procedures governing the acquisition and
distribution of agricultural lands affected by the Mt. Pinatubo eruption.

DAR AO No. 1 (1995) consists of the rules and procedures governing the Acquisition and Distribution
of all Agricultural Lands Subject of Sequestration/Acquisition by the PCGG and APT whose ownership
in Under Court Litigation.

DAR AO No. 2 (1995) is the revised rules and procedures governing the Acquisition of Private
Agricultural Lands Subject of Voluntary Land Transfer or a Direct Payment Scheme (VLT/DPS)
Pursuant to RA 6657.

DAR AO No. 2 (1996) is the rules and regulations governing the Acquisition of Agricultural Lands
subject of Voluntary Offer to Sell and Compulsory Acquisition Pursuant to RA 6657.

DAR AO No. 2 (1997) is the rules and regulations for the Acquisition of Private Agricultural Lands
Subject of Mortgage or Foreclosure of Mortgage.

DAR AO No. 8 (1997) is the revised guidelines on the Acquisition and Distribution of Compensable
Agricultural Lands under VLT/Direct Payment Scheme.

DAR MC No. 7 (1993) refers to the implementing guidelines on the Distribution and Tilling of the
Public Agricultural Lands turned over by the National Livelihood and Support Fund to the DAR for
distribution under the CARP pursuant to EO 407, Series of 1990 as amended by EO 448, Series of
1991 and as clarified under Memorandum Order No. 107 of the President of the Philippines dated
March 23, 1993.
Despite all of these, there are challenges that the administration faced during implementation of the
program. One of which is the failure in enforcing the installation of some farmer beneficiaries on
awarded lands. Critics also say that non-physical installation of FBs has been the norm rather than
the exception.

Some sectors also complained on the slowness of this administration in the acquisition and
distribution of privately owned lands. Although this administration was credited for having the biggest
accomplishment in terms of LAD, critics say this is because the land acquired and distributed were
more on public lands and rice and corn lands.

Joseph Ejercito Estrada (1998-2001)

During this administration the Magkabalikat Para sa kaunlarang Agraryo (MAGKASAKA) which was
launched which is directed for the investors to bring in capital, technology and management support
while the farmers will contribute, at most, the use of their land itself.

The MAGKASAKA aims to encourage investors to bring investments into the countryside and to
enhance the income of the farmers through joint venture schemes and contract growing schemes.
The program also aims to enable the farmers to be more efficient and be globally competitive.

This administration saw the urgency of land distribution, and believed that it can be served if it is built
on farmers capacities to pursue their own development. One of the first things this administration did
was to rework performance targets by focusing on the number of hectares of land distributed
coupled with an accounting of farmer beneficiaries and the specific croplands and farm systems
covered. This approach sought to integrate land distribution and support services. It was during this
period that DAR launched a series of land occupations by working with farmer claimants, the LGU and
government security forces.

To help speed up litigation, DAR also helped set up the agrarian justice fund for farmer beneficiaries
as well as DAR field workers who, due to the nature of the job, are named as respondents in cases
filed by recalcitrant landowners. Support services took a much more entrepreneurial approach during
this administration. Sustainable rural development district program, were designed to help farmers
attain a level of economic viability.

It has forged alliances among countries implementing AR through the International Conference on
Agrarian Reform and Rural Development. The department then began aggressively to assert its place
in national development planning processes to raise DARs profile both in national and international
fora. With this, DAR was able to secure a seat in the annual consultative group meeting between the
Philippiness economic management team and the donor community. This period also launched the
DAR-DA-DENR convergence initiative.
But there were also some hindrances that the administration faced like the fiscal constraints
encountered that resulted to unpaid or delayed payment of landowners covered under the compulsory
acquisition and VOS schemes.

There were also issues on inter and intra ARBs conflicts due to arguments for control over
negotiations with prospective joint venture partners, some of which became violent.

Gloria Macapagal Arroyo (2001 2010)

The GMA administration has adopted the BAYAN-ANIHAN concept as the implementing framework
for CARP. Bayan means people and Anihan means harvest and Bayanihan means working together.
Applied to CARP, Bayan Anihan means a united people working together for the successful
implementation of agrarian reform.

The Bayan-Anihan Framework has different implementing strategies namely:

Salin-Lupa: Accelerating land transfer and improving land tenure.

Katarungan: Prompt and fair settlement of agrarian disputes and delivery of agrarian reform justice.

Bayanihan: Better delivery by the government of appropriate support services to ARBs and the
mobilization of the ARBs themselves in the transformation of the agrarian reform communities into an
agrarian reform zones and into progressive farming.

Kabayanihan or the Konsehong Bayan Para sa Anihan: Institutionalization not only of the system of
dialogue and consultation but also joint problem solving with AR stakeholders, particularly peoples
organizations, cooperatives and NGOs.

Kamalayan: Raising the awareness of DAR personnel, agrarian reform beneficiaries and the general
public on agrarian reform and its contribution to social justice and development.

Under Arroyos administration introduced the Kapit Bisig sa Kahirapan Agrarian Reform Zones
(KARZONEs) as a program strategy of the DAR in CARP Implementation. KARZONEs is a
partnership and convergence strategy aimed at achieving asset reform, poverty reduction, food
sufficiency, farm productivity, good governance, social equity and empowerment of agrarian reform
beneficiaries (ARBs) both in ARCs and non-ARCs.

Other specific programs under this administration to enhance CARP were also implemented like the
Gulayan Magsasakang Agraryo. This intends to add income and food security to farmers and their
communities. Educational opportunities were also ushered in to farmers children and dependents
through the Diosdado Macapagal Scholar Program.
This administration is also credited in heightening agrarian case resolution by introducing a quota
system to compel adjudicators to work faster on agrarian cases and train farmers into paralegals.

Benigno Simeon Noynoy C. Aquino III (2010up to present)

Under the governance of President Noynoy Aquino, the DAR which is the lead agency for CARP
implementation is bent on sustaining the gains of agrarian reform through its three major
components Land Tenure Improvement (LTI), Program Beneficiaries Development (PBD) and
Agrarian Justice Delivery (AJD). The following are the strategic directions of the Aquino Administration
for the agrarian reform program:

To substantially complete asset reform as mandated by R.A. No. 9700 by:

1. Completing the land acquisition and distribution (LAD) in the Comprehensive Agrarian Reform
Program Extension with Reforms (CARPER) or Republic Act 9700 balance through: Focus on large-
sized private agricultural lands; Redeployment of competent DAR personnel to the 20 high LAD
provinces; Streamline LAD processes and procedures; and Enhance the database of landholdings for
ease in targeting and monitoring the LAD;

2. Prioritizing the subdivision of collective Certificates of Land Ownership Awards (CLOAs) involving
LBP-compensable lands;

3. Fast tracking the documentation and settlement of landowner compensation for already distributed
lands;

4. Synergizing and rationalizing the efforts of the CARP implementing agencies in all processes of
LAD;

5. Partnering with the civil society organizations (CSOs) in the delivery of LTI services, particularly the
large-sized private agricultural lands (PAL);

6. Adopting a job-sharing scheme wherein under the ONE-DAR concept, provinces will share
responsibilities (low-LAD provinces with high LAD provinces) to minimize the need to hire new
personnel; and

7. Increasing the utilization of the services of geodetic engineers to assist the provincial and municipal
offices in land acquisition considering the difficulty of hiring new personnel and the demands of a post-
2014 scenario.
Under President Aquinos administration, the DARs Program Beneficiaries Development (PBD)
priorities are geared in:

1. Undertaking convergence initiatives with rural development agencies to complement the resources
and streamline the efforts of DAR, DA and DENR;

2. Inking public-private partnerships (PPPs) develop models of collaboration and business models in
AR areas with the participation of the CSOs, academe, research and development institutions and
LGUs;

3. Expanding official development assistance (ODA) portfolio in order to augment incomes for PBD;

4. Integrating LTI and PBD on a province-to-province basis;

5. Shifting focus of low-LAD balance provinces to PBD; and

6. Unlocking credit facilities for the agrarian reform beneficiaries through capacity development for
credit providers and farmer-borrowers.

To speed up resolution of AR related cases, the Agrarian Justice Delivery component is geared at:

1. Putting the legal framework in place to expedite the LAD process and undertake PBD lawyering to
ensure ARBs free and informed consent on agribusiness agreements;

2. Developing common templates and legal outlines in order to rationalize the DAR lawyers and
paralegals appreciation and decision on cases;

3. Improving the capabilities of DAR lawyers and legal officers; and

4. Utilizing information, communication technology (ICT) to enhance legal work.

Together with the efforts to fight graft and corruption by the President, it is imperative to have
institutional reforms within DAR as acomplement to the abovementioned DAR components as well as
give credence, transparency and accountability at all sectors of the DAR bureaucracy.
What is CARP (Comprehensive Agrarian Reform Program), or RA 6657?

CARP, or the Comprehensive Agrarian Reform Program, is the redistribution of public and private
agricultural lands to farmers and farmworkers who are landless, irrespective of tenurial arrangement.
CARPs vision is to have an equitable land ownership with empowered agrarian reform beneficiaries
who can effectively manage their economic and social development to have a better quality of life.

One of the major programs of CARP is Land Tenure Improvement, which seeks to hasten distribution
of lands to landless farmers. Similarly, the Department offers Support Services to the beneficiaries
such as infrastructure facilities, marketing assistance program, credit assistance program, and
technical support programs. Furthermore, the department seeks to facilitate, resolve cases and
deliver Agrarian Justice.

The legal basis for CARP is the Republic Act No. 6657 otherwise known as Comprehensive Agrarian
Reform Law (CARL) signed by President Corazon C. Aquino on June 10, 1988. It is an act which aims
to promote social justice and industrialization, providing the mechanism for its implementation, and for
other purposes.

REPUBLIC ACT NO. 6657

(June 10, 1988)

AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN REFORM PROGRAM TO PROMOTE

SOCIAL JUSTICE AND INDUSTRIALIZATION, PROVIDING THE MECHANISM FOR ITS
IMPLEMENTATION, AND FOR OTHER PURPOSES
CARPER (Comprehensive Agrarian Reform Program Extension with Reforms) RA

9700

REPUBLIC ACT NO. 9700

(August 7, 2009)

AN ACT STRENGTHENING THE COMPREHENSIVE AGRARIAN REFORM PROGRAM (CARP),

EXTENDING THE ACQUISITION AND DISTRIBUTION OF ALL AGRICULTURAL LANDS,
INSTITUTING NECESSARY REFORMS, AMENDING FOR THE PURPOSE CERTAIN PROVISIONS
OF REPUBLIC ACT NO. 6657, OTHERWISE, KNOWN AS THE COMPREHENSIVE AGRARIAN
REFORM LAW OF 1988, AS AMENDED, AND APPROPRIATING FUNDS THEREFOR

SECTION 1. Section 2 of Republic Act No. 6657, as amended, otherwise known as the
Comprehensive Agrarian Reform Law of 1988, is hereby further amended to read as follows: "SEC. 2.
Declaration of Principles and Policies. It is the policy of the State to pursue a Comprehensive
Agrarian Reform Program (CARP). The welfare of the landless farmers and farmworkers will receive
the highest consideration to promote social justice and to move the nation toward sound rural
development and industrialization, and the establishment of owner cultivatorship of economic-size
farms as the basis of Philippine agriculture. "The State shall promote industrialization and full
employment based on sound agricultural development and agrarian reform, through industries that
make full and efficient use of human and natural resources, and which are competitive in both
domestic and foreign markets: Provided, That the conversion of agricultural lands into industrial,
commercial or residential lands shall take into account, tillers' rights and national food security.
Further, the State shall protect Filipino enterprises against unfair foreign competition and trade
practices.

"The State recognizes that there is not enough agricultural land to be divided and distributed to each
farmer and regular farmworker so that each one can own his/her economic-size family farm. This
being the case, a meaningful agrarian reform program to uplift the lives and economic status of the
farmer and his/her children can only be achieved through simultaneous industrialization aimed at
developing a self-reliant and independent national economy effectively controlled by Filipinos. "To this
end, the State may, in the interest of national welfare or defense, establish and operate vital
industries. "A more equitable distribution and ownership of land, with due regard to the rights of
landowners to just compensation, retention rights under Section 6 of Republic Act No. 6657, as
amended, and to the ecological needs of the nation, shall be undertaken to provide farmers and
farmworkers with the opportunity to enhance their dignity and improve the quality of their lives through
greater productivity of agricultural lands. "The agrarian reform program is founded on the right of
farmers and regular farmworkers, who are landless, to own directly or collectively the lands they till or,
in the case of other farmworkers, to receive a just share of the fruits thereof. To this end, the State
shall encourage and undertake the just distribution of all agricultural lands, subject to the priorities and
retention limits set forth in this Act, taking into account ecological, developmental, and equity
considerations, and subject to the payment of just compensation. The State shall respect the right of
small landowners, and shall provide incentive for voluntary land-sharing. "As much as practicable, the
implementation of the program shall be community-based to assure, among others, that the farmers
shall have greater control of farmgate prices, and easier access to credit.

"The State shall recognize the right of farmers, farmworkers and landowners, as well as cooperatives
and other independent farmers' organizations, to participate in the planning, organization, and
management of the program, and shall provide support to agriculture through appropriate technology
and research, and adequate financial, production, marketing and other support services. "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. "The State shall apply the principles of agrarian reform, or stewardship, whenever
applicable, in accordance with law, in the disposition or utilization of other natural resources, including
lands of the public domain, under lease or concession, suitable to agriculture, subject to prior rights,
homestead rights of small settlers and the rights of indigenous communities to their ancestral lands.
"The State may resettle landless farmers and farmworkers in its own agricultural estates, which shall
be distributed to them in the manner provided by law.

"By means of appropriate incentives, the State shall encourage the formation and maintenance of
economic-size family farms to be constituted by individual beneficiaries and small landowners. "The
State shall protect the rights of subsistence fishermen, especially of local communities, to the
preferential use of communal marine and fishing resources, both inland and offshore. It shall provide
support to such fishermen through appropriate technology and research, adequate financial,
production and marketing assistance and other services. The State shall also protect, develop and
conserve such resources. The protection shall extend to offshore fishing grounds of subsistence
fishermen against foreign intrusion. Fishworkers shall receive a just share from their labor in the
utilization of marine and fishing resources. "The State shall be guided by the principles that land has a
social function and land ownership has a social responsibility. Owners of agricultural land have the
obligation to cultivate directly or through labor administration the lands they own and thereby make
the land productive. "The State shall provide incentives to landowners to invest the proceeds of the
agrarian reform program to promote industrialization, employment and privatization of public sector
enterprises. Financial instruments used as payment for lands shall contain features that shall enhance
negotiability and acceptability in the marketplace.

"The State may lease undeveloped lands of the public domain to qualified entities for the development
of capital-intensive farms, and traditional and pioneering crops especially those for exports subject to
the prior rights of the beneficiaries under this Act."

SECTION 2. Section 3 of Republic Act No. 6657, as amended, is hereby further amended to read as
follows: "SEC. 3. Definitions. For the purpose of this Act, unless the context indicates otherwise:
"xxx xxx xxx "(f) Farmer refers to a natural person whose primary livelihood is cultivation of land or the
production of agricultural crops, livestock and/or fisheries either by himself/herself, or primarily with
the assistance of his/her immediate farm household, whether the land is owned by him/her, or by
another person under a leasehold or share tenancy agreement or arrangement with the owner
thereof. "xxx xxx xxx "(l) Rural women refer to women who are 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."

SECTION 3. Section 4 of Republic Act No. 6657, as amended, is hereby further amended to read as
follows: "SEC. 4. Scope. The Comprehensive Agrarian Reform Law of 1988 shall cover, regardless
of tenurial arrangement and commodity produced, all public and private agricultural lands as provided
in Proclamation No. 131 and Executive Order No. 229, including other lands of the public domain
suitable for agriculture: Provided, That landholdings of landowners with a total area of five (5)
hectares and below shall not be covered for acquisition and distribution to qualified beneficiaries.
IHAcCS "More specifically, the following lands are covered by the CARP: "(a) All alienable and
disposable lands of the public domain devoted to or suitable for agriculture. No reclassification of
forest or mineral lands to agricultural lands shall be undertaken after the approval of this Act until
Congress, taking into account ecological, developmental and equity considerations, shall have
determined by law, the specific limits of the public domain; "(b) All lands of the public domain in
excess of the specific limits as determined by Congress in the preceding paragraph; "(c) All other
lands owned by the Government devoted to or suitable for agriculture; and "(d) All private lands
devoted to or suitable for agriculture regardless of the agricultural products raised or that can be
raised thereon. "A comprehensive inventory system in consonance with the national land use plan
shall be instituted by the Department of Agrarian Reform (DAR), in accordance with the Local
Government Code, for the purpose of properly identifying and classifying farmlands within one (1)
year from effectivity of this Act, without prejudice to the implementation of the land acquisition and
distribution."

SECTION 4. There shall be incorporated after Section 6 of Republic Act No. 6657, as amended, new
sections to read as follows: EHTISC "SEC. 6-A. Exception to Retention Limits. Provincial, city and
municipal government units acquiring private agricultural lands by expropriation or other modes of
acquisition to be used for actual, direct and exclusive public purposes, such as roads and bridges,
public markets, school sites, resettlement sites, local government facilities, public parks and barangay
plazas or squares, consistent with the approved local comprehensive land use plan, shall not be
subject to the five (5)-hectare retention limit under this Section and Sections 70 and 73(a) of Republic
Act No. 6657, as amended: Provided, That lands subject to CARP shall first undergo the land
acquisition and distribution process of the program: Provided, further, That when these lands have
been subjected to expropriation, the agrarian reform beneficiaries therein shall be paid just
compensation." "SEC. 6-B. Review of Limits of Land Size. Within six (6) months from the effectivity
of this Act, the DAR shall submit a comprehensive study on the land size appropriate for each type of
crop to Congress for a possible review of limits of land sizes provided in this Act."

SECTION 5. Section 7 of Republic Act No. 6657, as amended, is hereby further amended to read as
follows: "SEC. 7. Priorities. The DAR, in coordination with the Presidential Agrarian Reform Council
(PARC) shall plan and program the final acquisition and distribution of all remaining unacquired and
undistributed agricultural lands from the effectivity of this Act until June 30, 2014. Lands shall be
acquired and distributed as follows:

"Phase One: During the five (5)-year extension period hereafter all remaining lands above fifty (50)
hectares shall be covered for purposes of agrarian reform upon the effectivity of this Act. All private
agricultural lands of landowners with aggregate landholdings in excess of fifty (50) hectares which
have already been subjected to a notice of coverage issued on or before December 10, 2008; rice
and corn lands under Presidential Decree No. 27; all idle or abandoned lands; all private lands
voluntarily offered by the owners for agrarian reform: Provided, That with respect to voluntary land
transfer, only those submitted by June 30, 2009 shall be allowed: Provided, further, That after June
30, 2009, the modes of acquisition shall be limited to voluntary offer to sell and compulsory
acquisition: Provided, furthermore, That all previously acquired lands wherein valuation is subject to
challenge by landowners shall be completed and finally resolved pursuant to Section 17 of Republic
Act No. 6657, as amended: Provided, finally, as mandated by the Constitution, Republic Act No. 6657,
as amended, and Republic Act No. 3844, as amended, only farmers (tenants or lessees) and regular
farmworkers actually tilling the lands, as certified under oath by the Barangay Agrarian Reform
Council (BARC) and attested under oath by the landowners, are the qualified beneficiaries. The
intended beneficiary shall state under oath before the judge of the city or municipal court that he/she
is willing to work on the land to make it productive and to assume the obligation of paying the
amortization for the compensation of the land and the land taxes thereon; all lands foreclosed by
government financial institutions; all lands acquired by the Presidential Commission on Good
Government (PCGG); and all other lands owned by the government devoted to or suitable for
agriculture, which shall be acquired and distributed immediately upon the effectivity of this Act, with
the implementation to be completed by June 30, 2012;

"Phase Two: (a) Lands twenty-four (24) hectares up to fifty (50) hectares shall likewise be covered for
purposes of agrarian reform upon the effectivity of this Act. All alienable and disposable public
agricultural lands; all arable public agricultural lands under agro-forest, pasture and agricultural leases
already cultivated and planted to crops in accordance with Section 6, Article XIII of the Constitution; all
public agricultural lands which are to be opened for new development and resettlement; and all
private agricultural lands of landowners with aggregate landholdings: above twenty-four (24) hectares
up to fifty (50) hectares which have already been subjected to a notice of coverage issued on or
before December 10, 2008, to implement principally the rights of farmers and regular farmworkers,
who are landless, to own directly or collectively the lands they till, which shall be distributed
immediately upon the effectivity of this Act, with the implementation to be completed by June 30,
2012; and "(b) All remaining private agricultural lands of landowners with aggregate landholdings in
excess of twenty-four (24) hectares, regardless as to whether these have been subjected to notices of
coverage or not, with the implementation to begin on July 1, 2012 and to be completed by June 30,
2013;

"Phase Three: All other private agricultural lands commencing with large landholdings and proceeding
to medium and small landholdings under the following schedule: "(a) Lands of landowners with
aggregate landholdings above ten (10) hectares up to twenty-four (24) hectares, insofar as the excess
hectarage above ten (10) hectares is concerned, to begin on July 1, 2012 and to be completed by
June 30, 2013; and "(b) Lands of landowners with aggregate landholdings from the retention limit up
to ten (10) hectares, to begin on July 1, 2013 and to be completed by June 30, 2014; to implement
principally the right of farmers and regular farmworkers who are landless, to own directly or
collectively the lands they till.

"The schedule of acquisition and redistribution of all agricultural lands covered by this program shall
be made in accordance with the above order of priority, which shall be provided in the implementing
rules to be prepared by the PARC, taking into consideration the following: the landholdings wherein
the farmers are organized and understand the meaning and obligations of farmland ownership; the
distribution of lands to the tillers at the earliest practicable time; the enhancement of agricultural
productivity; and the availability of funds and resources to implement and support the program:
Provided, That the PARC shall design and conduct seminars, symposia, information campaigns, and
other similar programs for farmers who are not organized or not covered by any landholdings.
Completion by these farmers of the aforementioned seminars, symposia, and other similar programs
shall be encouraged in the implementation of this Act particularly the provisions of this Section. "Land
acquisition and distribution shall be completed by June 30, 2014 on a province-by-province basis.

In any case, the PARC or the PARC Executive Committee (PARC EXCOM), upon recommendation by
the Provincial Agrarian Reform Coordinating Committee (PARCCOM), may declare certain provinces
as priority land reform areas, in which case the acquisition and distribution of private agricultural lands
therein under advanced phases may be implemented ahead of the above schedules on the condition
that prior phases in these provinces have been completed: Provided, That notwithstanding the above
schedules, phase three (b) shall not be implemented in a particular province until at least ninety
percent (90%) of the provincial balance of that particular province as of January 1, 2009 under Phase
One, Phase Two (a), Phase Two (b), and Phase Three (a), excluding lands under the jurisdiction of
the Department of Environment and Natural Resources (DENR), have been successfully completed.
"The PARC shall establish guidelines to implement the above priorities and distribution scheme,
including the determination of who are qualified beneficiaries: Provided, That an owner-tiller may be a
beneficiary of the land he/she does not own but is actually cultivating to the extent of the difference
between the area of the land he/she owns and the award ceiling of three (3) hectares: Provided,
further, That collective ownership by the farmer beneficiaries shall be subject to Section 25 of
Republic Act No. 6657, as amended: Provided, furthermore, That rural women shall be given the
opportunity to participate in the development planning and implementation of this Act: Provided,
finally, That in no case should the agrarian reform beneficiaries' sex, economic, religious, social,
cultural and political attributes adversely affect the distribution of lands."

SECTION 6. The title of Section 16 of Republic Act No. 6657, as amended, is hereby further amended
to read as follows: "SEC. 16. Procedure for Acquisition and Distribution of Private Lands."

SECTION 7. Section 17 of Republic Act No. 6657, as amended, is hereby further amended to read as
follows: CSTEHI "SEC. 17. Determination of Just Compensation. In determining just
compensation, the cost of acquisition of the land, the value of the standing crop, the current value of
like properties, its nature, actual use and income, the sworn valuation by the owner, the tax
declarations, the assessment made by government assessors, and seventy percent (70%) of the
zonal valuation of the Bureau of Internal Revenue (BIR), translated into a basic formula by the DAR
shall be considered, subject to the final decision of the proper court. The social and economic benefits
contributed by the farmers and the farmworkers and by the Government to the property as well as the
nonpayment of taxes or loans secured from any government financing institution on the said land shall
be considered as additional factors to determine its valuation."

SECTION 8. There shall be incorporated after Section 22 of Republic Act No. 6657, as amended, a
new section to read as follows: "SEC. 22-A. Order of Priority. A landholding of a landowner shall be
distributed first to qualified beneficiaries under Section 22, subparagraphs (a) and (b) of that same
landholding up to a maximum of three (3) hectares each. Only when these beneficiaries have all
received three (3) hectares each, shall the remaining portion of the landholding, if any, be distributed
to other beneficiaries under Section 22, subparagraphs (c), (d), (e), (f), and (g)."

SECTION 9. Section 24 of Republic Act No. 6657, as amended, is hereby further amended to read as
follows: "SEC. 24. Award to Beneficiaries. The rights and responsibilities of the beneficiaries shall
commence from their receipt of a duly registered emancipation patent or certificate of land ownership
award and their actual physical possession of the awarded land. Such award shall be completed in
not more than one hundred eighty (180) days from the date of registration of the title in the name of
the Republic of the Philippines: Provided, That the emancipation patents, the certificates of land
ownership award, and other titles issued under any agrarian reform program shall be indefeasible and
imprescriptible after one (1) year from its registration with the Office of the Registry of Deeds, subject
to the conditions, limitations and qualifications of this Act, the property registration decree, and other
pertinent laws. The emancipation patents or the certificates of land ownership award being titles
brought under the operation of the torrens system, are conferred with the same indefeasibility and
security afforded to all titles under the said system, as provided for by Presidential Decree No. 1529,
as amended by Republic Act No. 6732. "It is the ministerial duty of the Registry of Deeds to register
the title of the land in the name of the Republic of the Philippines, after the Land Bank of the
Philippines (LBP) has certified that the necessary deposit in the name of the landowner constituting
full payment in cash or in bond with due notice to the landowner and the registration of the certificate
of land ownership award issued to the beneficiaries, and to cancel previous titles pertaining thereto.
"Identified and qualified agrarian reform beneficiaries, based on Section 22 of Republic Act No. 6657,
as amended, shall have usufructuary rights over the awarded land as soon as the DAR takes
possession of such land, and such right shall not be diminished even pending the awarding of the
emancipation patent or the certificate of land ownership award. CTSHDI "All cases involving the
cancellation of registered emancipation patents, certificates of land ownership award, and other titles
issued under any agrarian reform program are within the exclusive and original jurisdiction of the
Secretary of the DAR."

SECTION 10. Section 25 of Republic Act No. 6657, as amended, is hereby further amended to read
as follows: "SEC. 25. Award Ceilings for Beneficiaries. Beneficiaries shall be awarded an area not
exceeding three (3) hectares, which may cover a contiguous tract of land or several parcels of land
cumulated up to the prescribed award limits. The determination of the size of the land for distribution
shall consider crop type, soil type, weather patterns and other pertinent variables or factors which are
deemed critical for the success of the beneficiaries. "For purposes of this Act, a landless beneficiary is
one who owns less than three (3) hectares of agricultural land. "Whenever appropriate, the DAR shall
encourage the agrarian reform beneficiaries to form or join farmers' cooperatives for purposes of
affiliating with existing cooperative banks in their respective provinces or localities, as well as forming
blocs of agrarian reform beneficiaries, corporations, and partnerships and joining other farmers'
collective organizations, including irrigators' associations: Provided, That the agrarian reform
beneficiaries shall be assured of corresponding shares in the corporation, seats in the board of
directors, and an equitable share in the profit. "In general, the land awarded to a farmer-beneficiary
should be in the form of an individual title, covering one (1) contiguous tract or several parcels of land
cumulated up to a maximum of three (3) hectares.

"The beneficiaries may opt for collective ownership, such as coorkers or farmers cooperative or some
other form of collective organization and for the issuance of collective ownership titles: Provided, That
the total area that may be awarded shall not exceed the total number of co-owners or members of the
cooperative or collective organization multiplied by the award limit above prescribed, except in
meritorious cases as determined by the PARC. "The conditions for the issuance of collective titles are
as follows: "(a) The current farm management system of the land covered by CARP will not be
appropriate for individual farming of farm parcels; "(b) The farm labor system is specialized, where the
farmworkers are organized by functions and not by specific parcels such as spraying, weeding,
packing and other similar functions; "(c) The potential beneficiaries are currently not farming individual
parcels but collectively work on large contiguous areas; and "(d) The farm consists of multiple crops
being farmed in an integrated manner or includes non-crop production areas that are necessary for
the viability of farm operations, such as packing plants, storage areas, dikes, and other similar
facilities that cannot be subdivided or assigned to individual farmers. "For idle and abandoned lands
or underdeveloped agricultural lands to be covered by CARP, collective ownership shall be allowed
only if the beneficiaries opt for it and there is a clear development plan that would require collective
farming or integrated farm operations exhibiting the conditions described above. Otherwise, the land
awarded to a farmerbeneficiary should be in the form of an individual title, covering one (1) contiguous
tract or several parcels of land cumulated up to a maximum of three (3) hectares.

"In case of collective ownership, title to the property shall be issued in the name of the co-owners or
the cooperative or collective organization as the case may be. If the certificates of land ownership
award are given to cooperatives then the names of the beneficiaries must also be listed in the same
certificate of land ownership award. "With regard to existing collective certificates of land ownership
award, the DAR should immediately undertake the parcelization of said certificates of land ownership
award, particularly those that do not exhibit the conditions for collective ownership outlined above.
The DAR shall conduct a review and redocumentation of all the collective certificates of land
ownership award. The DAR shall prepare a prioritized list of certificates of land ownership award to be
parcelized. The parcelization shall commence immediately upon approval of this Act and shall not
exceed a period of three (3) years. Only those existing certificates of land ownership award that are
collectively farmed or are operated in an integrated manner shall remain as collective."
SECTION 11. Section 26 of Republic Act No. 6657, as amended, is hereby further amended to read
as follows: "SEC. 26. Payment by Beneficiaries. Lands awarded pursuant to this Act shall be paid
for by the beneficiaries to the LBP in thirty (30) annual amortizations at six percent (6%) interest per
annum. The annual amortization shall start one (1) year from the date of the certificate of land
ownership award registration. However, if the occupancy took place after the certificate of land
ownership award registration, the amortization shall start one (1) year from actual occupancy. The
payments for the first three (3) years after the award shall be at reduced amounts as established by
the PARC: Provided, That the first five (5) annual payments may not be more than five percent (5%)
of the value of the annual gross production as established by the DAR. Should the scheduled annual
payments after the fifth (5th) year exceed ten percent (10%) of the annual gross production and the
failure to produce accordingly is not due to the beneficiary's fault, the LBP shall reduce the interest
rate and/or reduce the principal obligation to make the repayment affordable. IDcAHT "The LBP shall
have a lien by way of mortgage on the land awarded to the beneficiary; and this mortgage may be
foreclosed by the LBP for nonpayment of an aggregate of three (3) annual amortizations. The LBP
shall advise the DAR of such proceedings and the latter shall subsequently award the forfeited
landholding to other qualified beneficiaries. A beneficiary whose land, as provided herein, has been
foreclosed shall thereafter be permanently disqualified from becoming a beneficiary under this Act."

SECTION 12. Section 27 of Republic Act No. 6657, as amended, is hereby further amended to read
as follows: "SEC. 27. Transferability of Awarded Lands. Lands acquired by beneficiaries under this
Act or other agrarian reform laws shall not be sold, transferred or conveyed except through hereditary
succession, or to the government, or to the LBP, or to other qualified beneficiaries through the DAR
for a period of ten (10) years: Provided, however, That the children or the spouse of the transferor
shall have a right to repurchase the land from the government or LBP within a period of two (2) years.
Due notice of the availability of the land shall be given by the LBP to the BARC of the barangay where
the land is situated. The PARCCOM, as herein provided, shall, in turn, be given due notice thereof by
the BARC. "The title of the land awarded under the agrarian reform must indicate that it is an
emancipation patent or a certificate of land ownership award and the subsequent transfer title must
also indicate that it is an emancipation patent or a certificate of land ownership award. "If the land has
not yet been fully paid by the beneficiary, the rights to the land may be transferred or conveyed, with
prior approval of the DAR, to any heir of the beneficiary or to any other beneficiary who, as a condition
for such transfer or conveyance, shall cultivate the land himself/herself. Failing compliance herewith,
the land shall be transferred to the LBP which shall give due notice of the availability of the land in the
manner specified in the immediately preceding paragraph. "In the event of such transfer to the LBP,
the latter shall compensate the beneficiary in one lump sum for the amounts the latter has already
paid, together with the value of improvements he/she has made on the land."

SECTION 13. Section 36 of Republic Act No. 6657, as amended, is hereby further amended to read
as follows: "SEC. 36. Funding for Support Services. In order to cover the expenses and cost of
support services, at least forty percent (40%) of all appropriations for agrarian reform during the five
(5)-year extension period shall be immediately set aside and made available for this purpose:
Provided, That the DAR shall pursue integrated land acquisition and distribution and support services
strategy requiring a plan to be developed parallel to the land acquisition and distribution process. The
planning and implementation for land acquisition and distribution shall be hand-in-hand with support
services delivery: Provided, further, That for the next five (5) years, as far as practicable, a minimum
of two (2) Agrarian Reform Communities (ARCs) shall be established by the DAR, in coordination with
the local government units, non-governmental organizations, community-based cooperatives and
people's organizations in each legislative district with a predominant agricultural population: Provided,
furthermore, That the areas in which the ARCs are to be established shall have been substantially
covered under the provisions of this Act and other agrarian or land reform laws: Provided, finally, That
a complementary support services delivery strategy for existing agrarian reform beneficiaries that are
not in barangays within the ARCs shall be adopted by the DAR. "For this purpose, an Agrarian Reform
Community is composed and managed by agrarian reform beneficiaries who shall be willing to be
organized and to undertake the integrated development of an area and/or their
organizations/cooperatives. In each community, the DAR, together with the agencies and
organizations abovementioned, shall identify the farmers' association, cooperative or their respective
federations approved by the farmers-beneficiaries that shall take the lead in the agricultural
development of the area. In addition, the DAR, in close coordination with the congressional oversight
committee created herein, with due notice to the concerned representative of the legislative district
prior to implementation shall be authorized to package proposals and receive grants, aids and other
forms of financial assistance from any source."

SECTION 14. Section 37 of Republic Act No. 6657, as amended, is hereby further amended to read
as follows: "SEC. 37. Support Services for the Agrarian Reform Beneficiaries. The State shall adopt
the integrated policy of support services delivery to agrarian reform beneficiaries. To this end, the
DAR, the Department of Finance, and the Bangko Sentral ng Pilipinas (BSP) shall institute reforms to
liberalize access to credit by agrarian reform beneficiaries. The PARC shall ensure that support
services for agrarian reform beneficiaries are provided, such as: "(a) Land surveys and titling; "(b)
Socialized terms on agricultural credit facilities; "Thirty percent (30%) of all appropriations for support
services referred to in Section 36 of Republic Act No. 6657, as amended, shall be immediately set
aside and made available for agricultural credit facilities: Provided, That one-third (1/3) of this
segregated appropriation shall be specifically allocated for subsidies to support the initial capitalization
for agricultural production to new agrarian reform beneficiaries upon the awarding of the emancipation
patent or the certificate of land ownership award and the remaining two-thirds (2/3) shall be allocated
to provide access to socialized credit to existing agrarian reform beneficiaries, including the
leaseholders: Provided, further, the LBP and other concerned government financial institutions,
accredited savings and credit cooperatives, financial service cooperatives and accredited cooperative
banks shall provide the delivery system for disbursement of the above financial assistance to
individual agrarian reform beneficiaries, holders of collective titles and cooperatives. HIEAcC "For this
purpose, all financing institutions may accept as collateral for loans the purchase orders, marketing
agreements or expected harvests: Provided, That loans obtained shall be used in the improvement or
development of the farmholding of the agrarian reform beneficiary or the establishment of facilities
which shall enhance production or marketing of agricultural products or increase farm income
therefrom: Provided, further, That of the remaining seventy percent (70%) for the support services,
fifteen percent (15%) shall be earmarked for farm inputs as requested by the duly accredited agrarian
reform beneficiaries' organizations, such as, but not limited to: (1) seeds, seedlings and/or planting
materials; (2) organic fertilizers; (3) pesticides; (4) herbicides; and (5) farm animals,
implements/machineries; and five percent (5%) for seminars, trainings and the like to help empower
agrarian reform beneficiaries. "(c) Extension services by way of planting, cropping, production and
post-harvest technology transfer, as well as marketing and management assistance and support to
cooperatives and farmers' organizations; "(d) Infrastructure such as, but not limited to, access trails,
minidams, public utilities, marketing and storage facilities; "(e) Research, production and use of
organic fertilizers and other local substances necessary in farming and cultivation; and "(f) Direct and
active DAR assistance in the education and organization of actual and potential agrarian reform
beneficiaries, at the barangay, municipal, city, provincial, and national levels, towards helping them
understand their rights and responsibilities as owner-cultivators developing farm-related trust
relationships among themselves and their neighbors, and increasing farm production and profitability
with the ultimate end of empowering them to chart their own destiny. The representatives of the
agrarian reform beneficiaries to the PARC shall be chosen from the nominees of the duly accredited
agrarian reform beneficiaries' organizations, or in its absence, from organizations of actual and
potential agrarian reform beneficiaries as forwarded to and processed by the PARC EXCOM.
DAHEaT "The PARC shall formulate policies to ensure that support services for agrarian reform
beneficiaries shall be provided at all stages of the program implementation with the concurrence of
the concerned agrarian reform beneficiaries. "The PARC shall likewise adopt, implement, and monitor
policies and programs to ensure the fundamental equality of women and men in the agrarian reform
program as well as respect for the human rights, social protection, and decent working conditions of
both paid and unpaid men and women farmer-beneficiaries. "The Bagong Kilusang Kabuhayan sa
Kaunlaran (BKKK) Secretariat shall be transferred and attached to the LBP, for its supervision
including all its applicable and existing funds, personnel, properties, equipment and records. "Misuse
or diversion of the financial and support services herein provided shall result in sanctions against the
beneficiary guilty thereof, including the forfeiture of the land transferred to him/her or lesser sanctions
as may be provided by the PARC, without prejudice to criminal prosecution."

SECTION 15. There shall be incorporated after Section 37 of Republic Act No. 6657, as amended, a
new section to read as follows: "SEC. 37-A. Equal Support Services for Rural Women. Support
services shall be extended equally to women and men agrarian reform beneficiaries.

"The PARC shall ensure that these support services, as provided for in this Act, integrate the specific
needs and well-being of women farmerbeneficiaries taking into account the specific requirements of
female family members of farmer-beneficiaries. "The PARC shall also ensure that rural women will be
able to participate in all community activities. To this effect, rural women are entitled to self-
organization in order to obtain equal access to economic opportunities and to have access to
agricultural credit and loans, marketing facilities and technology, and other support services, and
equal treatment in land reform and resettlement schemes. "The DAR shall establish and maintain a
women's desk, which will be primarily responsible for formulating and implementing programs and
activities related to the protection and promotion of women's rights, as well as providing an avenue
where women can register their complaints and grievances principally related to their rural activities."

SECTION 16. Section 38 of Republic Act No. 6657, as amended, is hereby further amended to read
as follows: "SEC. 38. Support Services for Landowners. The PARC, with the assistance of such
other government agencies and instrumentalities as it may direct, shall provide landowners affected
by the CARP and prior agrarian reform programs with the following services: "(a) Investment
information, financial and counseling assistance, particularly investment information on government-
owned and/or -controlled corporations and disposable assets of the government in pursuit of national
industrialization and economic independence: "(b) Facilities, programs and schemes for the
conversion or exchange of bonds issued for payment of the lands acquired with stocks and bonds
issued by the National Government, the BSP and other government institutions and instrumentalities;
aSIDCT "(c) Marketing of agrarian reform bonds, as well as promoting the marketability of said bonds
in traditional and non-traditional financial markets and stock exchanges; and/or "(d) Other services
designed to utilize productively the proceeds of the sale of such lands for rural industrialization. "A
landowner who invests in rural-based industries shall be entitled to the incentives granted to a
registered enterprise engaged in a pioneer or preferred area of investment as provided for in the
Omnibus Investment Code of 1987, or to such other incentives as the PARC, the LBP, or other
government financial institutions shall provide. "The LBP shall redeem a landowner's agrarian reform
bonds at face value as an incentive: Provided, That at least fifty percent (50%) of the proceeds thereof
shall be invested in a Board of Investments (BOI)-registered company or in any agri-business or agro-
industrial enterprise in the region where the CARP-covered landholding is located. An additional
incentive of two percent (2%) in cash shall be paid to a landowner who maintains his/her enterprise as
a going concern for five (5) years or keeps his/her investments in a BOI-registered firm for the same
period: Provided, further, That the rights of the agrarian reform beneficiaries are not, in any way,
prejudiced or impaired thereby. "The DAR, the LBP and the Department of Trade and Industry shall
jointly formulate the program to carry out these provisions under the supervision of the PARC:
Provided, That in no case shall the landowners' sex, economic, religious, social, cultural and political
attributes exclude them from accessing these support services."
SECTION 17. Section 41 of Republic Act No. 6657, as amended, is hereby further amended to read
as follows: "SEC. 41. The Presidential Agrarian Reform Council. The Presidential Agrarian Reform
Council (PARC) shall be composed of the President of the Philippines as Chairperson, the Secretary
of Agrarian Reform as Vice-Chairperson and the following as members: Secretaries of the
Departments of Agriculture; Environment and Natural Resources; Budget and Management; Interior
and Local Government; Public Works and Highways; Trade and Industry; Finance; and Labor and
Employment; Director-General of the National Economic and Development Authority; President, Land
Bank of the Philippines; Administrator, National Irrigation Administration; Administrator, Land
Registration Authority; and six (6) representatives of affected landowners to represent Luzon, Visayas
and Mindanao; six (6) representatives of agrarian reform beneficiaries, two (2) each from Luzon,
Visayas and Mindanao: Provided, That at least one (1) of them shall be from the indigenous peoples:
Provided, further, That at least one (1) of them shall come from a duly recognized national
organization of rural women or a national organization of agrarian reform beneficiaries with a
substantial number of women members: Provided, finally, That at least twenty percent (20%) of the
members of the PARC shall be women but in no case shall they be less than two (2)."

SECTION 18. Section 50 of Republic Act No. 6657, as amended, is hereby further amended to read
as follows: "SEC. 50. Quasi-Judicial Powers of the DAR. The DAR is hereby vested with 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 DENR. "It shall not be bound
by technical rules of procedure and evidence but shall proceed to hear and decide all cases, disputes
or controversies in a most expeditious manner, employing all reasonable means to ascertain the facts
of every case in accordance with justice and equity and the merits of the case. Toward this end, it
shall adopt a uniform rule of procedure to achieve a just, expeditious and inexpensive determination
of every action or proceeding before it. "It shall have the power to summon witnesses, administer
oaths, take testimony, require submission of reports, compel the production of books and documents
and answers to interrogatories and issue subpoena, and subpoena duces tecum and to enforce its
writs through sheriffs or other duly deputized officers. It shall likewise have the power to punish direct
and indirect contempts in the same manner and subject to the same penalties as provided in the
Rules of Court. "Responsible farmer leaders shall be allowed to represent themselves, their fellow
farmers, or their organizations in any proceedings before the DAR: Provided, however, That when
there are two or more representatives for any individual or group, the representatives should choose
only one among themselves to represent such party or group before any DAR proceedings.
"Notwithstanding an appeal to the Court of Appeals, the decision of the DAR shall be immediately
executory except a decision or a portion thereof involving solely the issue of just compensation."

SECTION 19. Section 50 of Republic Act No. 6657, as amended, is hereby further amended by
adding Section 50-A to read as follows: "SEC. 50-A. Exclusive Jurisdiction on Agrarian Dispute. No
court or prosecutor's office shall take cognizance of cases pertaining to the implementation of the
CARP except those provided under Section 57 of Republic Act No. 6657, as amended. If there is an
allegation from any of the parties that the case is agrarian in nature and one of the parties is a farmer,
farmworker, or tenant, the case shall be automatically referred by the judge or the prosecutor to the
DAR which shall determine and certify within fifteen (15) days from referral whether an agrarian
dispute exists: Provided, That from the determination of the DAR, an aggrieved party shall have
judicial recourse. In cases referred by the municipal trial court and the prosecutor's office, the appeal
shall be with the proper regional trial court, and in cases referred by the regional trial court, the appeal
shall be to the Court of Appeals. "In cases where regular courts or quasi-judicial bodies have
competent jurisdiction, agrarian reform beneficiaries or identified beneficiaries and/or their
associations shall have legal standing and interest to intervene concerning their individual or collective
rights and/or interests under the CARP. "The fact of non-registration of such associations with the
Securities and Exchange Commission, or Cooperative Development Authority, or any concerned
government agency shall not be used against them to deny the existence of their legal standing and
interest in a case filed before such courts and quasi-judicial bodies."

SECTION 20. Section 55 of Republic Act No. 6657, as amended, is hereby further amended to read
as follows: ECaAHS "SEC. 55. No Restraining Order or Preliminary Injunction. Except for the
Supreme Court, no court in the Philippines shall have jurisdiction to issue any restraining order or writ
of preliminary injunction against the PARC, the DAR, or any of its duly authorized or designated
agencies in any case, dispute or controversy arising from, necessary to, or in connection with the
application, implementation, enforcement, or interpretation of this Act and other pertinent laws on
agrarian reform."

SECTION 21. Section 63 of Republic Act No. 6657, as amended, is hereby further amended to read
as follows: "SEC. 63. Funding Source. The amount needed to further implement the CARP as
provided in this Act, until June 30, 2014, upon expiration of funding under Republic Act No. 8532 and
other pertinent laws, shall be funded from the Agrarian Reform Fund and other funding sources in the
amount of at least One hundred fifty billion pesos (P150,000,000,000.00). "Additional amounts are
hereby authorized to be appropriated as and when needed to augment the Agrarian Reform Fund in
order to fully implement the provisions of this Act during the five (5)-year extension period. "Sources of
funding or appropriations shall include the following: "(a) Proceeds of the sales of the Privatization
and Management Office (PMO); "(b) All receipts from assets recovered and from sales of ill-gotten
wealth recovered through the PCGG excluding the amount appropriated for compensation to victims
of human rights violations under the applicable law; ITCcAD "(c) Proceeds of the disposition and
development of the properties of the Government in foreign countries, for the specific purposes of
financing production credits, infrastructure and other support services required by this Act; "(d) All
income and collections of whatever form and nature arising from the agrarian reform operations,
projects and programs of the DAR and other CARP implementing agencies; "(e) Portion of amounts
accruing to the Philippines from all sources of official foreign aid grants and concessional financing
from all countries, to be used for the specific purposes of financing productions, credits,
infrastructures, and other support services required by this Act; "(f) Yearly appropriations of no less
than Five billion pesos (P5,000,000,000.00) from the General Appropriations Act; "(g) Gratuitous
financial assistance from legitimate sources; and (h) Other government funds not otherwise
appropriated. "All funds appropriated to implement the provisions of this Act shall be considered
continuing appropriations during the period of its implementation: Provided, That if the need arises,
specific amounts for bond redemptions, interest payments and other existing obligations arising from
the implementation of the program shall be included in the annual General Appropriations Act:
Provided, further, That all just compensation payments to landowners, including execution of
judgments therefor, shall only be sourced from the Agrarian Reform Fund: Provided, however, That
just compensation payments that cannot be covered within the approved annual budget of the
program shall be chargeable against the debt service program of the national government, or any
unprogrammed item in the General Appropriations Act: Provided, finally, That after the completion of
the land acquisition and distribution component of the CARP, the yearly appropriation shall be
allocated fully to support services, agrarian justice delivery and operational requirements of the DAR
and the other CARP implementing agencies."

SECTION 22. Section 65 of Republic Act No. 6657, as amended, is hereby further amended to read
as follows: "SEC. 65. Conversion of Lands. After the lapse of five (5) years from its award, when
the land ceases to be economically feasible and sound for agricultural purposes, or the locality has
become urbanized and the land will have a greater economic value for residential, commercial or
industrial purposes, the DAR, upon application of the beneficiary or the landowner with respect only to
his/her retained area which is tenanted, with due notice to the affected parties, and subject to existing
laws, may authorize the reclassification or conversion of the land and its disposition: Provided, That if
the applicant is a beneficiary under agrarian laws and the land sought to be converted is the land
awarded to him/her or any portion thereof, the applicant, after the conversion is granted, shall invest
at least ten percent (10%) of the proceeds coming from the conversion in government securities:
Provided, further, That the applicant upon conversion shall fully pay the price of the land: Provided,
furthermore, That irrigated and irrigable lands, shall not be subject to conversion: Provided, finally,
That the National Irrigation Administration shall submit a consolidated data on the location nationwide
of all irrigable lands within one (1) year from the effectivity of this Act. "Failure to implement the
conversion plan within five (5) years from the approval of such conversion plan or any violation of the
conditions of the conversion order due to the fault of the applicant shall cause the land to
automatically be covered by CARP."

SECTION 23. Section 68 of Republic Act No. 6657, as amended, is hereby further amended to read
as follows: "SEC. 68. Immunity of Government Agencies from Undue Interference. In cases falling
within their jurisdiction, no injunction, restraining order, prohibition or mandamus shall be issued by
the regional trial courts, municipal trial courts, municipal circuit trial courts, and metropolitan trial
courts against the DAR, the DA, the DENR, and the Department of Justice in their implementation of
the Program."

SECTION 24. Section 73 of Republic Act No. 6657, as amended, is hereby further amended to read
as follows: SEIDAC "SEC. 73. Prohibited Acts and Omissions. The following are prohibited: "(a)
The ownership or possession, for the purpose of circumventing the provisions of this Act, of
agricultural lands in excess of the total retention limits or award ceilings by any person, natural or
juridical, except those under collective ownership by farmer-beneficiaries; "(b) The forcible entry or
illegal detainer by persons who are not qualified beneficiaries under this Act to avail themselves of the
rights and benefits of the Agrarian Reform Program; "(c) 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; "(d) The malicious and willful
prevention or obstruction by any person, association or entity of the implementation of the CARP; "(e)
The sale, transfer, conveyance or change of the nature of lands outside of urban centers and city
limits either in whole or in part after the effectivity of this Act, except after final completion of the
appropriate conversion under Section 65 of Republic Act No. 6657, as amended. The date of the
registration of the deed of conveyance in the Register of Deeds with respect to titled lands and the
date of the issuance of the tax declaration to the transferee of the property with respect to
unregistered lands, as the case may be, shall be conclusive for the purpose of this Act; "(f) The sale,
transfer or conveyance by a beneficiary of the right to use or any other usufructuary right over the land
he/she acquired by virtue of being a beneficiary, in order to circumvent the provisions of this Act;
acHETI "(g) The unjustified, willful, and malicious act by a responsible officer or officers of the
government through the following: "(1) The denial of notice and/or reply to landowners; "(2) The
deprivation of retention rights; "(3) The undue or inordinate delay in the preparation of claim folders; or
"(4) Any undue delay, refusal or failure in the payment of just compensation; "(h) The undue delay or
unjustified failure of the DAR, the LBP, the PARC, the PARCCOM, and any concerned government
agency or any government official or employee to submit the required report, data and/or other official
document involving the implementation of the provisions of this Act, as required by the parties or the
government, including the House of Representatives and the Senate of the Philippines as well as their
respective committees, and the congressional oversight committee created herein; "(i) The undue
delay in the compliance with the obligation to certify or attest and/or falsification of the certification or
attestation as required under Section 7 of Republic Act No. 6657, as amended; and "(j) Any other
culpable neglect or willful violations of the provisions of this Act. TCaEIc "In the case of government
officials and employees, a conviction under this Act is without prejudice to any civil case and/or
appropriate administrative proceedings under civil service law, rules and regulations. "Any person
convicted under this Act shall not be entitled to any benefit provided for in any agrarian reform law or
program."
SECTION 25. Section 74 of Republic Act No. 6657, as amended, is hereby further amended to read
as follows: "SEC. 74. Penalties. Any person who knowingly or willfully violates the provisions of this
Act shall be punished by imprisonment of not less than one (1) month to not more than three (3) years
or a fine of not less than One thousand pesos (P1,000.00) and not more than Fifteen thousand pesos
(P15,000.00), or both, at the discretion of the court: Provided, That the following corresponding
penalties shall be imposed for the specific violations hereunder: "(a) Imprisonment of three (3) years
and one (1) day to six (6) years or a fine of not less than Fifty thousand pesos (P50,000.00) and not
more than One hundred fifty thousand pesos (P150,000.00), or both, at the discretion of the court
upon any person who violates Section 73, subparagraphs (a), (b), (f), (g), and (h) of Republic Act No.
6657, as amended; and "(b) Imprisonment of six (6) years and one (1) day to twelve (12) years or a
fine of not less than Two hundred thousand pesos (P200,000.00) and not more than One million
pesos (P1,000,000.00), or both, at the discretion of the court upon any person who violates Section
73, subparagraphs (c), (d), (e), and (i) of Republic Act No. 6657, as amended. "If the offender is a
corporation or association, the officer responsible therefor shall be criminally liable."

SECTION 26. Congressional Oversight Committee. A Congressional Oversight Committee on

Agrarian Reform (COCAR) is hereby created to oversee and monitor the implementation of this Act. It
shall be composed of the Chairpersons of the Committee on Agrarian Reform of both Houses of
Congress, three (3) Members of the House of Representatives, and three (3) 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 Committees on Agrarian
Reform of the House of Representatives and of the Senate of the Philippines shall be the
Chairpersons of the COCAR. The Members shall receive no compensation; however, traveling and
other necessary expenses shall be allowed. In order to carry out the objectives of this Act, the
COCAR shall be provided with the necessary appropriations for its operation. An initial amount of
Twenty-five million pesos (P25,000,000.00) is hereby appropriated for the COCAR for the first year of
its operation and the same amount shall be appropriated every year thereafter. CAaDTH The term of
the COCAR shall end six (6) months after the expiration of the extended period of five (5) years.

SECTION 27. Powers and Functions of the COCAR. The COCAR shall have the following powers
and functions: (a) Prescribe and adopt guidelines which shall govern its work; (b) Hold hearings and
consultations, receive testimonies and reports pertinent to its specified concerns; (c) Secure from any
department, bureau, office or instrumentality of the government such assistance as may be needed,
including technical information, preparation and production of reports and submission of
recommendations or plans as it may require, particularly a yearly report of the record or performance
of each agrarian reform beneficiary as provided under Section 22 of Republic Act No. 6657, as
amended; (d) Secure from the DAR or the LBP information on the amount of just compensation
determined to be paid or which has been paid to any landowner; (e) Secure from the DAR or the LBP
quarterly reports on the disbursement of funds for the agrarian reform program; (f) Oversee and
monitor, in such a manner as it may deem necessary, the actual implementation of the program and
projects by the DAR; (g) Summon by subpoena any public or private citizen to testify before it, or
require by subpoena duces tecum to produce before it such records, reports, or other documents as
may be necessary in the performance of its functions; aEIADT (h) Engage the services of resource
persons from the public and private sectors as well as civil society including the various agrarian
reform groups or organizations in the different regions of the country as may be needed; (i) Approve
the budget for the work of the Committee and all disbursements therefrom, including compensation of
all personnel; (j) Organize its staff and hire and appoint such employees and personnel whether
temporary, contractual or on consultancy, subject to applicable rules; and (k) Exercise all the powers
necessary and incidental to attain the purposes for which it is created.

SECTION 28. Periodic Reports. The COCAR shall submit to the Speaker of the House of
Representatives and to the President of the Senate of the Philippines periodic reports on its findings
and recommendations on actions to be undertaken by both Houses of Congress, the DAR, and the
PARC.

SECTION 29. Access to Information. Notwithstanding the provisions of Republic Act No. 1405 and
other pertinent laws, information on the amount of just compensation paid to any landowner under
Republic Act No. 6657, as amended, and other agrarian reform laws shall be deemed public
information.

SECTION 30. Resolution of Cases. 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 31. Implementing Rules and Regulations. The PARC and the DAR shall provide the
necessary implementing rules and regulations within thirty (30) days upon the approval of this Act.
Such rules and regulations shall take effect on July 1, 2009 and it shall be published in at least two (2)
newspapers of general circulation.

SECTION 32. Repealing Clause. Section 53 of Republic Act No. 3844, otherwise known as the
Agricultural Land Reform Code, is hereby repealed and all other laws, decrees, executive orders,
issuances, rules and regulations, or parts thereof inconsistent with this Act are hereby likewise
repealed or amended accordingly.

SECTION 33. Separability Clause. If, for any reason, any section or provision of this Act is declared
unconstitutional or invalid, the other sections or provisions not affected thereby shall remain in full
force and effect.

SECTION 34. Effectivity Clause. This Act shall take effect on July 1, 2009 and it shall be published
in at least two (2) newspapers of general circulation.

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, [1]otherwise
known as the Comprehensive Agrarian Reform Law (CARL).[2] It is the redistribution of private
and public agricultural lands to help the beneficiaries survive as small independent farmers,
regardless of the tenurial arrangement. 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.

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 principal 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 government-
owned 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. [8]
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.[9]
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.[10]
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) . [11] 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. [8]
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). [2]
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.[10]

Development[edit]

At the end of the 20th century, the population of the Philippines 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.[9]

Land reform under Aquino administration (19861992)[edit]

During the start of President Corazon Aquinos term in 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 non-government 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 (19921998)[edit]

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 (19982001)[edit]

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. [12]

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)[13] 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 on June 30, 2014.
[14]
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. [15]
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.[16]

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.[citation needed]

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 in 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]

In 2003, 15 years into the program, studies funded by the United Nations Development
Programme (UNDP), AsDB, FAO, European Union (EU) and the Philippine Government, had
shown that poverty incidence among program beneficiaries declined from 47.6 to 45.2 percent,
while increasing among their non-participating counterparts from 55.1 to 56.4 percent. [17]

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

338,732 hectares.[16]

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 hectares a total of 906,652
hectares.

Criticism[edit]
Unsuccessful after 26 years?[edit]

While CARP(er) has had some success in improving food security and reducing poverty overall -
through improved farm productivity and increased farmer incomes - the program has not
escaped criticism. Major implementation problems include resistance from existing landowners
(often objecting to the undervaluation of their properties), legislative gaps and funding shortfalls.
[17]

There are also claims that the program has resulted in or worsened violent conflicts between
landowners and poor farmers. By June 30, 2014, the official program end date, 664 farmers had
been killed in the name of land reform, according to activist group Kilusang Magbubukid ng
Pilipinas (Peasant Movement of the Philippines, or KMP). [18] 568 of these were victims of
extrajudicial killings. In the four years of the Noynoy Aquino administration, 96 farmers were killed
as opposed to the 9 that were killed during the Arroyo administration. According to Rafael
Mariano, KMP chairman, "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".[18]

CARP expired when the Congress did not approve Aquinos proposal to extend it for two more
years. The Department of Agrarian Reform (DAR) has processed 494,945 agrarian law
implementation cases since the start of the program, which the KMP claims demonstrate the
program's failure and negative impact on the lives of tenants and farmers. [18]

See also[edit]