CONCEPT OF SOCIAL JUSTICE
The State may resettle landless farmers and farmworkers in its
• Article II, Sec. 10, 1987 Constitution
The State shall promote social justice in all phases of national
development.
• Article XIII, Sec. 1, 1987 Constitution.
The Congress shall give highest priority to the enactment of
measures that protect and enhance the right of all the people to
human dignity, reduce social, economic, and political inequalities,
and remove cultural inequities by equitably diffusing wealth and
political power for the common good.
To this end, the State shall regulate the acquisition, ownership, use,
and disposition of property and its increments.
• Article XIII, Sec. 2, 1987 Constitution
The promotion of social justice shall include the commitment to
create economic opportunities based on freedom of initiative and
self-reliance
BASIC PRINCIPLES OF AGRARIAN REFORM
A. Constitutional Provisions
B.
Article II, Section 21. The State shall promote comprehensive
rural development and agrarian reform.
Article XII, Section 1. The goals of the national economy are a
more equitable distribution of opportunities, income, and wealth;
a sustained increase in the amount of goods and services
produced by the nation for the benefit of the people; and an
expanding productivity as the key to raising the quality of life for
all, especially the under- privileged.
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. However, the State shall protect Filipino
enterprises against unfair foreign competition and trade
practices.
In the pursuit of these goals, all sectors of the economy and all
regions of the country shall be given optimum opportunity to
develop. Private enterprises, including corporations,
cooperatives, and similar collective organizations, shall be
encouraged to broaden the base of their ownership.
Article XIII, Section 4. The State shall, by law, undertake an
agrarian reform program 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 such priorities and
reasonable retention limits as the Congress may prescribe, taking
into account ecological, developmental, or equity considerations,
and subject to the payment of just compensation. In determining
retention limits, the State shall respect the right of small
landowners. The State shall further provide incentives for
voluntary land-sharing.
Article XIII, Section 5. 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.
Article XIII, Section 6. 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.
own agricultural estates which shall be distributed to them in the
manner provided by law.
Article XIII, Section 7. The State shall protect the rights of
subsistence fishermen, especially of local communities, to the
preferential use of the 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.
Article XIII, Section 8. The State shall provide incentives to
landowners to invest the proceeds of the agrarian reform program
to promote industrialization, employment creation, and
privatization of public sector enterprises. Financial instruments
used as payment for their lands shall be honored as equity in
enterprises of their choice.
Land Classification
Article XII, Section 3. 1987 Constitution. Lands of the public
domain are classified into agricultural, forest or timber, mineral
lands and national parks. Agricultural lands of the public domain
may be further classified by law according to the uses to which
they may be devoted. Alienable lands of the public domain shall
be limited to agricultural lands. Private corporations or
associations may not hold such alienable lands of the public
domain except by lease, for a period not exceeding twenty-five
years, renewable for not more than twenty-five years, and not to
exceed one thousand hectares in area. Citizens of the Philippines
may lease not more than five hundred hectares, or acquire not
more than twelve hectares thereof, by purchase, homestead, or
grant.
Taking into account the requirements of conservation, ecology,
and development, and subject to the requirements of agrarian
reform, the Congress shall determine, by law, the size of lands of
the public domain which may be acquired, developed, held, or
leased and the conditions therefor.
Section 20, Local Government Code.
Reclassification of Lands.
(a) A city or municipality may, through an ordinance passed by
the sanggunian after conducting public hearings for the
purpose, authorize the reclassification of agricultural lands
and provide for the manner of their utilization or disposition
in the following cases:
1. when the land ceases to be economically feasible
and sound for agricultural purposes as
determined by the Department of Agriculture or
2. where the land shall have substantially greater
economic value for residential, commercial, or
industrial purposes, as determined by the
sanggunian concerned: Provided, That such
reclassification shall be limited to the following
percentage of the total agricultural land area at
the time of the passage of the ordinance:
i. For highly urbanized and independent
component cities, fifteen percent
(15%);
ii. For component cities and first to the
third class municipalities, ten percent
(10%); and
iii. For fourth to sixth class municipalities,
five percent (5%): Provided, further,
That agricultural lands distributed to
agrarian reform beneficiaries pursuant
to Republic Act Numbered Sixty-six
hundred fifty-seven (R.A. No. 6657).
otherwise known as "The
Comprehensive Agrarian Reform Law",
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 shall not be affected by the said
reclassification and the conversion of
such lands into other purposes shall be
governed by Section 65 of said Act.
(b) The President may, when public interest so requires and
upon recommendation of the National Economic and
Development Authority, authorize a city or municipality to
reclassify lands in excess of the limits set in the next
preceding paragraph.
(c) The local government units shall, in conformity with existing
laws, continue to prepare their respective comprehensive
land use plans enacted through zoning ordinances which
shall be the primary and dominant bases for the future use
of land resources: Provided. That the requirements for food
production, human settlements, and industrial expansion
shall be taken into consideration in the preparation of such
plans.
(d) Where approval by a national agency is required for
reclassification, such approval shall not be unreasonably
withheld. Failure to act on a proper and complete application
for reclassification within three (3) months from receipt of the
same shall be deemed as approval thereof.
(e) Nothing in this Section shall be construed as repealing,
amending, or modifying in any manner the provisions of R.A.
No. 6657.
DEFINITION AND COMPONENTS OF AGRARIAN REFORM
A. Section 3(a), RA 6657 as amended by RA 9700
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.
"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."
B. COMPONENTS OF AGRARIAN REFORM
- Land Tenure Improvement (LTI) - The LTI component seeks to
secure the tenurial status of the farmers and farmworkers in the lands
they till. This involves the following:
a. LAND ACQUISITION AND DISTRIBUTION (LAD)
This involves the redistribution of private agricultural lands
(PAL) and non- private agricultural lands (refers to distributed
settlements and government owned lands). It utilizes the
acquisition scheme of Voluntary Offer to Sell (VOS), Voluntary
Land Transfer (VLT), Compulsory Acquisition (CA), and those
foreclosed by government financing institutions (GFIs).
b. LAND USE MANAGEMENT AND DEVELOPMENT (LUMD)
This is a preliminary activity to land distribution which involves
the conduct of subdivision survey for individual landholdings to
be awarded to qualified Agrarian Reform Beneficiaries.
- AGRARIAN JUSTICE DELIVERY
a. AGRARIAN LEGAL ASSISTANCE
Agrarian legal assistance is comprised of resolution of Agrarian
Law Implementation (ALI) cases, ARB representation before
judicial and quasi-judicial bodies, and mediation and
conciliation. ALA aims to provide legal support to ARBs in the
course of agrarian disputes whether filed in regular courts or in
DAR Adjudication Board (DARAB). Resolution of ALI cases
involved administrative rendering of decision on exemption,
conversion, and retention, among others.
b. ADJUDICATION OF CASES
This involves the resolution of cases by the DAR Adjudication
Board (DARAB) and any of its salas. Cases under DARAB
Jurisdiction include, among others, the rights and obligations of
persons, whether natural or juridical, engaged in the
management, cultivation, and use of all agricultural lands
covered by Republic Act No. 6657, otherwise known as the
Comprehensive Agrarian Reform Law (CARL), as amended,
and other related agrarian laws; the preliminary administrative
determination of reasonable and just compensation of Lands
acquired under Presidential Decree (PD) No. 27 and the CARP,
and cases involving the ejectment and dispossession of
tenants and/or leaseholders
c. Program Beneficiaries Development
Program Beneficiaries Development (PBD) is a support
service delivery component of the agrarian reform program.
d. Section 30, RA 9700
Section 30. Resolution of Case. - 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.
MANNER OF ACQUISITION
a) RA 6657
Section 16. Procedure for Acquisition of Private Lands.
— For purposes of acquisition of private lands, the
following procedures shall be followed:
(a) After having identified the land, the landowners and the
beneficiaries, the DAR shall send its notice to acquire the
land to the owners thereof, by personal delivery or
registered mail, and post the same in a conspicuous place
in the municipal building and barangay hall of the place
where the property is located. Said notice shall contain the
offer of the DAR to pay a corresponding value in accordance
with the valuation set forth in Sections 17, 18, and other
pertinent provisions hereof.
(b) Within thirty (30) days from the date of receipt of written
notice by personal delivery or registered mail, the
landowner, his administrator or representative shall inform
the DAR of his acceptance or rejection of the offer.
(c) If the landowner accepts the offer of the DAR, the Land
Bank of the Philippines (LBP) shall pay the landowner the
purchase price of the land within thirty (30) days after he
executes and delivers a deed of transfer in favor of the
government and surrenders the Certificate of Title and other
muniments of title.
(d) In case of rejection or failure to reply, the DAR shall
conduct summary administrative proceedings to determine
the compensation for the land requiring the landowner, the
LBP and other interested parties to submit evidence as to
the just compensation for the land, within fifteen (15) days
from the receipt of the notice. After the expiration of the
above period, the matter is deemed submitted for decision.
The DAR shall decide the case within thirty (30) days after
it is submitted for decision.
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(e) Upon receipt by the landowner of the corresponding
payment or, in case of rejection or no response from the
landowner, upon the deposit with an accessible bank
designated by the DAR of the compensation in cash or in
LBP bonds in accordance with this Act, the DAR shall take
immediate possession of the land and shall request the
proper Register of Deeds to issue a Transfer Certificate of
Title (TCT) in the name of the Republic of the Philippines.
The DAR shall thereafter proceed with the redistribution of
the land to the qualified beneficiaries.

(f) Any party who disagrees with the decision may bring the
matter to the court of proper jurisdiction for final
determination of just compensation.

Section 19. Incentives for Voluntary Offers for Sales. —

Landowners, other than banks and other financial
institutions, who voluntarily offer their lands for sale shall be
entitled to an additional five percent (5%) cash payment.

Section 31. Corporate Landowners. — Corporate

landowners may voluntarily transfer ownership over their
agricultural landholdings to the Republic of the Philippines
pursuant to Section 20 hereof or to qualified beneficiaries,
under such terms and conditions, consistent with this Act,
as they may agree upon, subject to confirmation by the
DAR.

Upon certification by the DAR, corporations owning

agricultural lands may give their qualified beneficiaries the
right to purchase such proportion of the capital stock of the
corporation that the agricultural land, actually devoted to
agricultural activities, bears in relation to the company's total
assets, under such terms and conditions as may be agreed
upon by them.n no case shall the compensation received by
the workers at the time the shares of stocks are distributed
be reduced. The same principle shall be applied to
associations, with respect to their equity or participation.

Corporations or associations which voluntarily divest a

proportion of their capital stock, equity or participation in
favor of their workers or other qualified beneficiaries under
this section shall be deemed to have complied with the
provisions of the Act: provided, that the following conditions
are complied with:

a) In order to safeguard the right of beneficiaries

who own shares of stocks to dividends and other
financial benefits, the books of the corporation or
association shall be subject to periodic audit by
certified public accountants chosen by the
beneficiaries;

b) Irrespective of the value of their equity in the

corporation or association, the beneficiaries shall
be assured of at least one (1) representative in
the board of directors, or in a management or
executive committee, if one exists, of the
corporation or association; and

c) Any shares acquired by such workers and

beneficiaries shall have the same rights and
features as all other shares.

d) Any transfer of shares of stocks by the original

beneficiaries shall be void ab initio unless said
transaction is in favor of a qualified and registered
beneficiary within the same corporation.

If within two (2) years from the approval of this Act, the land
or stock transfer envisioned above is not made or realized
or the plan for such stock distribution approved by the PARC
within the same period, the agricultural land of the corporate
owners or corporation shall be subject to the compulsory
coverage of this Act.

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