Background history

Spanish and American regimes

During the Spanish regime, Philippines land ownership was ruled by private
sectors, generally by the encomenderos, large landlords and
friarfeudal haciendas. Small farmers were struggling at that time for agrarian
rights, especially that titular system was not infamous and ancestral domainship
is their only legal basis for ownership.

It was during the American occupation that agrarian reform finally stabilized. Even
though there are some agrarian rights established by the American colonial
government, few were only given initiatives and the rich agrarian families in
countryside continue to rule their own lands.

Presidential Decree 27

In 1972, President Ferdinand Marcos, issued second presidential order after the
Martial Law, stating that the Philippines is a land reform nation. A month later,
he issued Presidential Decree no. 27 which detailed the first comprehensive
agrarian reform order that was attempted in the country. According to the law,
an individual cannot own more than seven hectares of land. If this may happen,
the remaining area will be parceled out and will be divided into individual
tenants. Such tenant may enjoy a maximum of three hectares of irrigated land,
or five hectares of unused land, where the new owners will pay royalty taxes and
the computable amount of land to the original landholders for a maximum of
fifteen years. If, however, there are sharecroppers sharing lands with less than
seven hectares of land area, the land will be converted to leaseholders with fixed
rents. Only rice and corn fields were included to the PD 27.

Comprehensive Agrarian Reform Program of 1988, also known as CARP, is

a Philippine state policy that ensures and promotes welfare of
landless farmers and farm workers, as well as elevation of social justice and
equity among rural areas. CARP was established by the Comprehensive
Agrarian Reform Law of 1988 (CARL) which aimed for a nation with equitable
land ownership and empowered agrarian reform beneficiaries while, at least,
improving social lives.

The law was outlined by former President Corazon C. Aquino through Presidential
Proclamation 131 and Executive Order 229 on June 22, 1987. The law was
finally enacted by the 8th Congress of the Philippines and signed by Aquino on
June 10, 1988.
Policy Issuances

Department of Agrarian Reform is the lead implementing agency of Comprehensive

Agrarian Reform Program (CARP). It undertakes land tenure improvement
and development of program beneficiaries. DAR conducts land survey in
resettlement areas. It undertakes land acquisition and distribution and land
management studies. The DAR also orchestrates the delivery of support services
to farmer-beneficiaries and promotes the development of viable agrarian
reform communities.

Republic acts
Republic Act No. 6389
An Act Amending Republic Act Numbered Thirty-Eight Hundred And Forty-Four, As
Amended, Otherwise Known As The Agricultural Land Reform Code, And For Other
Purposes.

Republic Act No. 6390

An Act To Accelerate The Implementation Of The Agrarian Reform Program By
Creating An Agrarian Reform Special Account In The General Fund, Providing The
Necessary Funds Therefor, And For Other Purposes

Republic Act No. 3844

An Act To Ordain The Agricultural Land Reform Code and To Institute Land Reforms In
The Philippines, Including The Abolition of Tenancy and The Channeling of Capital Into
Industry, Provide For The Necessary Implementing Agencies, Appropriate Funds
Therefor and For Other Purposes.

Republic Act No. 55

An act to Impose a War Profits Tax

Republic Act No. 34

An act amending certain sections of Act Numbered Four Thousand Fifty-Four, as
amended, otherwise known as "The Philippine Rice Share Tenancy Act"

Republic Act No. 6657

Comprehensive Agrarian Reform Law

Republic Act No. 7881

An Act amending Certain Provisions of Republic Act No. 6657, entitled " An Act
Instituting a Comprehensive Agrarian Reform Program to Promote Social Justice and
Industrialization, Providing the Mechanism for its Implementation, and for Other
Purposes.

Republic Act No. 7905

An Act to Strengthen the Implementation of the comprehensive Agrarian Reform
Program, and for Other Purposes.

Republic Act No. 8435

Agriculture and Fisheries Modernization Act

Republic Act No. 8532

Increasing the Agrarian Reform Act

Executive Order (EO)

Executive Order No. 407

Accelerating the Acquisition and Distribution of Agricultural Lands, Pasture Lands,
Fishponds, Agro-Forestry Lands and Other Lands of the Public Domain Suitable For
Agriculture

Executive Order No. 405

Vesting in the Land Bank of the Philippines the Primary Responsibility To Determine the
Land Valuation and Compensation For All Lands Covered Under Republic Act No. 6657,
Known as the Comprehensive Agrarian Reform Law of 1988

Executive Order No. 129-A

Modifying Order No. 129 Reorganizing and Strengthening the Department of Agrarian
Reform and For Other Purposes

Executive Order No. 229

Providing the Mechanisms For the Implementation of the Comprehensive Agrarian
Reform Program

Executive Order No. 228

Declaring Full Land Ownership To Qualified Farmer Beneficiaries Covered By
Presidential Decree No. 27: Determining the Value of Remaining Unvalued Rice and
Corn Lands Subject To P.D. No. 27; and Providing For the Manner of Payment By the
Farmer Beneficiary and Mode of Compensation To the Landowner

Services

Department of Agrarian Reform is the lead implementing agency of Comprehensive

Agrarian Reform Program (CARP). It undertakes land tenure improvement and
development of program beneficiaries. DAR conducts land survey in resettlement areas.
It undertakes land acquisition and distribution and land management studies. The DAR
also orchestrates the delivery of support services to farmer-beneficiaries and promotes the
development of viable agrarian reform communities.

Land Acquisition and Distribution (LAD)

• Land Titling
• Leasehold Contracting
• Land Survey
• Voluntary Offer to Sell

Program Beneficiaries Development (PBD)

• Trainings

Agrarian Justice Delivery (AJD)

• Free Legal Assitance

• Legal Information and Counseling

Other Services

• Exemption Clearance
• Conversion Clearance

>>> Land Use Conversion Ordinary Applications

>>> Land Use Conversion for Socialized Housing Applications

• DAR Clearance for Land Transaction

>>> Operating Procedures for the Issuance of DAR Clearance

>>> Documentary Requirements for the Issuance of DAR Clearance on Land
Transaction
>>> Documentary Requirements for Lands Subject to Mortage or
Encumbrance