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Agrarian Reform

Agrarian Reform

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Published by Shanna Calupitan

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Published by: Shanna Calupitan on Jan 23, 2012
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RA 3844 - Code of Agrarian Reform of the Philippines PD 27 ± Tenants Emancipation Decree EO 229 ± Comprehensive Agrarian Reform Program (CARP

) RA 6657 ± Comprehensive Agrarian Reform Law (CARL) of 1988

 involves the reality of a shortcoming that a bit is distorted or misshapen and does not go well with accessible circumstances  means to change  to look for change implies the existence of a defect, or that something is deformed or malfunctioning

 refers to all sets of activities and measures that may or should be taken to improve or correct the defects, or problems in the relations among men with respect to their rights to the land they till.  technically defined as an integrated set of measures designed to eliminate obstacles to economic and social development arising out of defects in the agrarian reform

agricultural & social. Basically a question of land distribution & utilization .Agrarian Reform in the Philippines The Philippine Agrarian Problem: 1. productivity & human rights. 2. Two important dimensions: land & the people. A basic problem of society 3.

universal but limited  Land is necessary for all human beings & everybody has the right to use land for his survival  The right to use is given to all individuals but the matter to be used is limited & the number of users unlimited .The Agrarian Problem 3. Basically. a question of land distribution & utilization  The right to own property.

those with sedentary culture 4. Social classes . shifting cultivators 3.HistoricoHistorico-Political Survey of the Agrarian Problems 1. Land patterns: 1. tribal hunters & gatherers 2. Pre-Spanish land situation a. Muslims b.

Conflicts over land tenureship e. Rise of the cacique class c. Friar lands f. Early rebellions d. Philippine revolution .Spanish Period Land Situation ‡ ‡ ‡ ‡ ‡ ‡ 2. Land tenancy under Spain: a. Encomienda system b.

Homesteading d. Sugar Cane Tenancy contracts Act (Act No. Purchase of friar lands c. Rice Share Tenancy Act ( Act No. Peasant rebellions & opposition e. 4113) .Land Tenure Situation Under the American Regime ‡ ‡ ‡ ‡ ‡ ‡ ‡ ‡ ‡ a. Actual increase in tenancy rate b. 4050) f.

Commonwealth Period ‡ a. 103 ± created the Court of Industrial Relations ‡ b. 213 ± regulated legitimate labor organizations ‡ c.461. ‡ Orderly settlement of virgin ‡ agricultural lands begun by ‡ the National Land Settlement Administration .& 608gave more protection to tenants. Commonwealth Act no. Commonwealth Acts.178. Commonwealth Act No.

Effects of Japanese Occupation ‡ The Japanese occupation of the Philippines from 1941 to 1945 had a tremendous impact on the agrarian issue ‡ From the ranks of the peasant & labor organizations & from the merger of the Communist Party of the Philippines & Socialist Party rose the Hukbong Magpapalaya sa Bayan ‡ ( HUKBALAHAP) Hukbo ng Bayan laban sa hapon .

The Agricultural Land Reform Code of 1963 ( RA No. Agrarian Reform Special Fund ‡ Act ( RA 6369) . Amendments to the Agricultural ‡ Land Reform Code ( R. Land resettlement as a solution ‡ d. 6389) ‡ f. Land Reform Act of 1955 (Ra No. 1199 ‡ b. Agricultural Tenancy Act of 1954 ( Ra No.Post War Attempts at Agrarian Reform ‡ a.A. 3844) ‡ e. 1400) ‡ c.

Under Martial Law & 1973 Constitution ‡ 1. 2. Presidential Decree No.declaring the entire Philippines as land reform area ‡ 2. 27 ± ³emancipating the tenant-farmers from the bondage of the soil´ . Presidential Decree No.

131 instituting a Comprehensive Agrarian Reform Program (Carp) & EO No. President Aquino signed Proclamation No. 129-A ‡ ³reorganizing & strengthening ‡ the Department Agrarian ‡ Reform . 229 providing for the mechanisms ‡ 2.Under the 1987 Constitution ‡ 1. She issued EO No.

It would make democracy truly meaningful to our people .Imperatives of Agrarian Reform ‡ 1. It would provide for the capital needed to industrialize ‡ 3. Land reform is the answer to the communist challenge ‡ 4. It would correct the present imbalance in our society ‡ 5. Land reform would increase production ‡ 2.

Objections to Agrarian Reform ‡ ‡ ‡ ‡ 1. Small landholdings included 4. Fragmentation of farm-holdings 2. Agrarian reform failed in the past . Small farms uneconomic 3.

Land distribution ± most effective way of providing security of tenure to tillers of the soil ‡ 2.Components of Agrarian Reform ‡ 1. Companion measures: Credit & modern & better methods of production ‡ Creation & development of new social institutions to assist the farmers .

Agricultural wage earners or farm workers  3.The Code of Agrarian Reforms (RA No. Owner-cultivators of less than family sized farms . 3844 as amended) Beneficiaries under the Code:  1. Settlers including migrant workers  4. Tenanted farmers  2.

Old settlements 4. Tenanted areas 2.The Code of Agrarian Reform Code ‡ ‡ ‡ ‡ Lands covered by the Code: 1. Landed estates 3. Proposed settlements .

27) ‡ Under this decree there is no more leasehold in tenanted rice & corn lands . the tiller becomes automatically the amortizing owner of the land ‡ Beneficiaries are the bona fide tenant-farmers of private agricultural lands primarily devoted to rice & corn under the lease tenancy system ‡ Every family should own an economic familysized farm ‡ Retention limit.The Tenants Emancipation Decree (PD No.7 hectares .

Legitimate Prerequisite Pertinent to agrarian Reform Endorsement of a human and self motivated order Improvement of a self-contained and selfgoverning national economy Backing of a wide-Ranging Rural Progress and Agrarian Reform Liberty of Expression and Right to Form Associations Expropriation of Private Property Non-impairment of Obligation of Contracts .

Rights and Obligations of the Lessees and Lessors  Lessees Rights  Custody and serene pleasure of the land  Administration to toil on the land  Automation of his farm effort  Transactions with millers and processors and be present at distribution of quedans and storehouse total admission money for the manufacture payable him  Control home lot or carry on in the satisfaction of any house lot  Reimbursement for costs and everyday expenditure sustained and a ½ of helpful expansions on the landholding .

Lessees Obligations  Outstanding concern of farm  Become aware of intrude  Care of leasing facilities  Correct awareness to farm Take in of harvest  Imbursement of rental .

Lessors Right  Check up  Propose transform  Confirmed farm performs  Mortgage the land  Other rights and take delivery of compensation of rental .

Right to engage in concerted activities like strike. Right to minimum wage  4. Right to claim damages for death or injuries sustained while at work  6. Right to compensation for  personal injuries. boycott  3. picketing. dismissal or lay-off . Right against suspension. Right to self-organization  2.Bill of Rights for Agricultural Labor  1. Right to work for not more than 8 hours  5. death or illness  7.

production structure. structure.Agrarian Structure is defined as a complex set of relationship within agricultural sector Example: tenure. and the structure of support services .

. and the duties accompanying such right. and usage of land  it is a system which defines a person¶s legal right and ownership over land. control.Land Tenure Structure  refers to one or more systems regulating the rights to a man¶s ownership.

Production Structure  refers to activities affecting ownership of the land. and mode of operations to make land productive . type. production structure includes activities relating to the nature.

irrespective of the manner in which the holding is operated or managed  Production Structure  Production and use of land  Operation holding  Refers to the actual management of holding or the manpower in which the land is cultivated or operated irrespective of ownership .LT & PS Distinguished  LT Structure  Rights over land  Ownership holding  Refers to the right over land. whether in terms of full ownership or as circumscribed by law.

Examples of AR Measures  Public Health Program  Family Planning  Education and training of farmers  Reorganization of land reform agencies  Application of labor law to agricultural workers  Construction of infrastructure facilities  Organization of various types of voluntary associations  Providing employment opportunities .

Accompanying measures to AR  Credit facilities (Land Bank)  Marketing support  Farm technology training  Cooperatives .

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