AGRARIAN LAW PRELIMS REVIEWER

Reform – presupposes that something is defective, hence, needs reformation and correction.

Land Reform – denotes a broad concept of conventional and revolutionary measures intended to correct
certain defects in the relationship between landowner and tiller regarding their rights and obligations in the
cultivation and management of landholding.
- An integrated set of measures designed to eliminate obstacles to economic and social development
arising out of defects in the agrarian structure.

Agrarian Reform – refers not only to land reform but also embraces a full range of measures designed to
improve the relationship between landowner and tiller, employer and employee, corporate management
and stockholders, cooperatives and members, and other farmers’ organizations including their economic,
social and political relations with the community and the government.
 Under the Comprehensive Agrarian Reform Law of 1998 (R.A. No. 6657), Agrarian Reform is
defined as the redistribution of lands, regardless of crops of fruits produced, to farmers and regular
farmworkers who are landless, irrespective of tenurial arrangement.

Land reform has been the main policy response of government to correct the sharp inequalities in the
distribution of land ownership in the Philippines.
Land reform efforts to correct these inequalities have been traced back to the Commonwealth
period. Owner-cultivatorship provided tenants the opportunity to own land while leasehold tenancy afforded
tenants permanent use rights over the land. The 1963 Code paved way to a “modern” concept of land
reform which envisioned a broad-based human and economic development for the agriculture sector. This
concept broach the idea of an agrarian reform program instead of merely land reform to emphasize the
concern not only with the acquisition and distribution of land but also of uplifting the political and
socioeconomic status of beneficiaries. It is in this light that the 1972 and 1988 land reform programs have
been instituted. In particular, Presidential Decree 27 (PD 27) of 1972 resulted in the following changes in
the program:
1. coverage of the reform was not limited to pilot areas but applied comprehensively
2. acquisition of private lands was made compulsory
3. land ownership ceiling was substantially lowered from 75 to 7 hectares
4. the inclusion of support services to assist beneficiaries attain economic efficiency in production.
Despite the shortcomings of the land reform programs in the Philippines, these programs
specifically PD 27 and CARL paved way to the break up of huge estates. In several areas the increase in
the number of owner cultivators has been observed even in provinces where the hacienda system used to
dominate.
In general, the land reform law prohibits the transfer of awarded lands except by hereditary
succession. This legal impediment however has not prevented the sale of awarded lands. Sales and other
forms of land transfer actions of farmer beneficiaries have been attributed to the demand for overseas
employment and to the low productivity of agriculture. Studies show that such actions are not necessarily
regressive but have led to an increase in investments of rural households in. However, there is a growing
concern over the possible consolidation of agricultural lands which can again lead to widening land
ownership distribution.
So far, there is no systematic effort to monitor ownership of agriculture lands despite the legal
prohibitions under CARL. Thus, the effects of land distribution and the subsequent land transfer actions of
agrarian reform beneficiaries on landownership are not known.

RA 3844 – Agricultural Land Reform Code

- abolished tenancy and established a leasehold system in which farmers paid fixed rentals to
landlords rather than a percentage of harvest
- establishment of LBP to help with land reform, particularly the purchase of agricultural estates for
division and resale to small landholders and the purchase of land by the agricultural lessees.

AGRARIAN STRUCTURE - Refers to that complex set of relationships within the agricultural sector
between tenure structure, production structure and structure for supporting services.

a. Land Tenure Structure – involves questions of whether share tenancy or leasehold tenancy should
be adopted on whether there must be limitation of land available for cultivation
 - a concept that connotes one or more types of land tenure system regulating the rights to
ownership and control and usages of land and the duties accompanying such rights.
1. Agricultural Tenancy – refers to the manner of holding agricultural lands.
2. Share Tenancy – one operates a farm owned by another and pays a share of the crop as rent,
and provides labor, power and implements. Tillers work the land as sharecroppers entitled to
share in the produce of the land.
3. Leasehold Tenancy – characterized by lessor and lessee relationship which is created either
by written or oral agreement between the parties or impliedly by acceptance of benefits by the
landowner, or by an act of cultivation thru the toleration of the owner. Tenurial agreement in
which one conveys land for a term of years or at will for a specified rest.

b. Production Structure - a concept that refers to the use of the land, nature and method of farm
operation, and the process of production.

c. Structure of Supporting Services – involve matters like technical assistance on soil analysis,
family planning, farm planning and management, agricultural credit, rural organizations like
cooperatives, infrastructure facilities including roads, irrigation, warehouses, school building and
evaluation of performance by farmers. an agrarian reform measure designed to help the tenant –
tiller in the availment of credit facilities, marketing of his products, supplying of seeds, insecticides,
fertilizers, irrigation, storage, processing and other technical assistance / services in direct bearing
to reforms of tenure and production structures.

OBJECTIVES OF LAND REFORM:

1. Political
a. Abolish feudal forms which in practice means overthrowing the landlord class controlling the
land
b. Free the peasants/farmers and make them active citizens by ending their subjugation to and
dependence on the exploiters
c. Create democracy
d. Resolve a crisis or avoid a revolution when the peasants/farmers become restless enough to
threaten the government or the political order in general
2. Economic
a. Accelerate economic development especially agricultural progress – peasant/farmer who
does not own his land or whose share of the crop is relatively small may have little incentive
to invest capital or expand effort to improve the land and raise productivity.
b. Encourage more intensive cultivation – application of more labor and other resources to
given unit of land
c. Promote optimum scale operation of the farm. This aims at creating farms of the correct size
for full and efficient utilization of resources udner given technological conditions.
d. Coordinate agricultural production with the rest of the economy.

SOCIAL JUSTICE
- Equalization of economic, political and social opportunities with special emphasis on duty of the
state to tilt the balance of social forces by favoring the disadvantaged in life.
- Justice for the common people
- Giving those who have less in life m to have more in law
- Promotion of the welfare of all the people through the exercise of powers underlying the
existence of all government on the time-honored principle of Salus Populi Est Suprema Lex

How is Social Justice related to Land Reform?

- As far as equitable distribution of wealth which entails the State’s regulation of the acquisition,
ownership, use, enjoyment and disposition of private property.
- Maximizes the economic and social function of property and make it accessible to all so that
everybody may be able to live in decency, security and dignity.
- Land Reform is the boldest example of social justice in action.
- Social justice upholds stewardship theory which teaches that one’s right to a property is not
absolute so that its disposition, ownership, use, enjoyment and acquisition is subject to the
regulation of the State and subject to the rights of others.

Significance of studying the historical background of Phil. Agrarian Reform

 - Fully understand the present situation and be able to see its development throughout the years.
- Teaches us valuable lessons and gives us a picture of the colorful accounts of how our people
and our nation struggled throughout the years to redeem in all sincerity the promise of a land
reform.

CONSTITUTIONAL MANDATES ON AGRARIAN REFORM

1. Article II, Section 21: The State shall promote comprehensive rural development and
agrarian reform.

2. Article XII, Section 1: x x x The State shall promote industrialization and full employment based on
sound agricultural development and agrarian reform, x x x

3. Article XIII, Section 3: x x x The State shall regulate the relations between workers and
employers, recognizing the right of labor to its just share in the fruits of production and the right of
enterprises to reasonable returns on investments, and to expansion and growth.

4. Article XIII, Section 4: The State shall, by law, undertake an agrarian reform program founded on
the rights 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 pre-scribe, 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.

5. Article XIII, Section 5: The State shall recognize the rights 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.

6. 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.
The State may resettle landless farmers and farmworkers in its own agriculture estates
which shall be distributed to them in the manner provided by law.

7. Article XIII, Section 8: The State shall provide incentives to landowners to invest the proceeds of
the agrarian reform program to promote industrialization, employment creating, and privatization of
public sector enterprises. Financial instruments used as payment for their lands shall be honored
as equity in enterprises of their choice.

HISTORICAL BACKGROUND

A. Pre-Colonial Times (Before 16th Century)

 What was the type of land ownership during the pre-Spanish time?
o Land was commonly owned by the community known as barangay. This is a small unit of
government consisting of 30-100 families administered by the chiefs.
o Everyone in the barangay regardless of status had access on the land and mutually shares
resources and the fruits of their labor.
o They believed in and practiced the concept of “stewardship” where relationship between
man and nature is important.

 What was the system of land cultivation during this time?

o 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.
 What was the economic system during this period?
o Food production was intended for family consumption only. Later, 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 Chinese, Arabs and
Europeans.

 Was leasing and selling of lands exercised during this period?

o The Maragtas Code seems to be the only recorded transaction of land sale during this time.
This tells us about the selling of the Panay Island by the natives to the ten Bornean datus in
exchange of a golden salakot and a long gold necklace.
o Although the Code of Luwaran was one of the oldest written laws of the Muslim society
which contains provision on the lease of cultivated lands, there was no record how this lease
arrangement was practiced.

B. SPANISH ERA (1521-1896)

 What was the system of land cultivation at this period?
o The colonial government at this period introduced a pueblo agriculture, a system wherein
native rural communities were organized into pueblo and each Christianized native family is
given a four to five hectares of land to cultivate. The pueblo agriculture practiced no share
cropper class or landless class.

 Were the native families allowed to own a land?

o No. The native families were merely landholders and not 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 they produced.

 How did agricultural tenancy originate?

o Through the Laws of the Indies, the Spanish crown awarded vast tracts of land to wit:
 Friar lands for the religious orders;
 Repartiamentos for lands granted to the Spanish military as a reward for their
service; and
 Encomienda a large tracts of land given to Spaniards (encomiendero) to manage and
have the right to receive tributes from the natives tilling it.
o Natives within these areas became mere tillers working for a share of crops. They did not
even have any rights to the land.

 How did the hacienda system evolve?

o 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.

 What were some of the problems encountered in the encomienda system?

o 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.

 Why was the ownership of land limited to only few families?

o The Spanish crown made a law in 1865 ordering landholders to register their landholdings.
Only those who were aware of these decrees benefited. Ancestral lands were claimed and
registered in other people’s 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.

 What laws required the registration of properties/agricultural lands?

 o The Ley Hipotecaria or the Mortgage Law of 1893 provided 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.
 The Maura Law or Royal Decree of 1894 was the last Spanish Land Law
promulgated in the Philippines. Farmers and landholders were given one year to
register their agricultural lands to avoid declaration of it as a state property.

 What were some of the revolutionary highlights that occurred during this period?
o As 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.

 Did the revolt address the problem of land ownership?

o Yes. The revolutionary government confiscated the large landed estates, especially the friar
lands and declared these as properties of the government. (Malolos Constitution, 1896,
Article XVII)

C. AMERICAN ERA (1898-1935)

 What initiated the Americans to focus on land reform?
o Realizing that being landless was the main cause of social 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.

 What was Philippine Bill of 1902?

o This law 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.

 Why was the Torrens system of land registration introduced?

o Some 400,000 native farmers were without titles at the start of the American era, this
situation was also aggravated by the absence of records of issued titles and accurate land
surveys. To remedy the situation, the Torrens system was then introduced to replace the
registration system implemented by the Spaniards.

 What governed the implementation of the said system?

o The Land Registration Act of 1902 or Act. No. 496 placed all private and public lands under
Torrens system. 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.

 What was the homestead program of 1903?

o This program 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.

 Were there other agrarian laws introduced by the Americans aside from the Torrens system?
o First Public Land Act or Act No. 926 provided rules and regulations for selling and leasing
portions of the public domain, completing defective Spanish land titles, and canceling and
confirming Spanish concessions.
o Second Public Land Act of 1919 or Act 2874 limits the use of agricultural lands to Filipinos,
Americans and citizens of other countries.
o Act. No. 141 amended the Second Public Act of 1919 or Act No. 2874. 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.
o Friar Land Act or Act. No. 1120 provided the administrative and temporary leasing and
selling of friar lands to its tillers.
 o Rice Share Tenancy Act of 1933 or Act. No. 4054, first legislation regulating the relationships
of landlord and tenants and the first law to legalize a 50-50 crop sharing arrangement.
o Sugarcane Tenancy Contracts Act of 1933 or Act No. 4113 regulated the relationship of
landlord and tenants in the sugarcane fields and required tenancy contracts on land planted
to sugarcane.

 Did these land policies help the farmer’s situation?

o No. It further worsened the land ownership situation, wherein 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. Hence, more lands were placed under tenancy.

 How did the peasant groups react to this situation?

o There were widespread peasant uprisings, headed by the armed peasants’ groups known as
Colorum and Sakdalista of Luzon and Northeastern Mindanao respectively. These uprisings
resulted to social disorder in 1920’s and 1930’s. 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.

D. Commonwealth Years (1935-1942)

 What were the tenancy and land ownership situation during this period?
o Contrasting economic and political lifestyle between tenant and the landlord became very
common. Landlords became richer and powerful while the tenants were deprived of their
rights and became poorer.
o Absentee landowners increased. They preferred to go after new opportunities in the cities
and left their farms idle or to the management of “katiwalas”. As a result, haciendas were
poorly and unjustly managed.
o A small plot of land cultivated by an average peasant farmer could not sustain a decent living
for the family.
o Tenants and farmers shouldered excessive fines, unfair taxation and usury.
o Systems for credit and marketing of rice were lacking thus, farmers received a very low
selling price.
o Peasant uprising became widespread all over the country.

 What was the government’s initial response to these challenges?

o 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.

E. JAPANESE ERA
 What were some of the significant events related to agrarian reform during the Japanese era?
o During this 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 and harvest to the people.
For them, the war was a golden opportunity for people’s initiative to push propoor
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.

GOVERNMENT INITIATIVES ON AGRARIAN REFORM

1. Manuel L. Quezon (1935-1944)

 What were the laws on AR enacted during this Administration?
o 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.
o 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.
o Commonwealth Act No. 461 specified that dismissal of a tenant should first have the
approval of Tenancy Division of the Department of Justice.
o 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.

 What was his program on land reform?

o President Quezon laid down a social justice program focused on the purchased of large
haciendas which were divided and sold to tenants. This administration was 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.

 What hindered the implementation of land reform under his administration?

o 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 continued. In addition, the outbreak of the World War II
put a stopped to the landownership and tenancy interventions during this period.

2. Manuel Roxas (1946-1948)

 What were the interventions made by this administration related to land reform?
o Republic Act No. 34 was 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.
o It also reduced the interest of landowners’ loans to tenants at not more than 6%.
o 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, these farmers were forced to resell their lands to the landowning class.
This failure gave basis to doubt the real meaning of land reform program.
3. Elpidio Quirino (1948-1953)
 What was the major program of the Quirino administration regarding agrarian reform?
o Through 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.

4. Ramon Magsaysay (1953-1957)

 President Magsaysay pursue land reform during his term?
o Yes, President Magsaysay realized the importance of pursuing a more honest-to-goodness
land reform program. He convinced the elite controlled congress to pass several legislation
to improve the land reform situation, to wit:
 R.A. No. 1199 (1954): Agricultural Tenancy Act basically governed the relationship
between landholders and tenant-farmers. This law helped protect the tenurial rights
of tenant tillers and enforced fair tenancy practices.
- first land reform law which regulated all forms and aspects of tenure relations,
except civil lease
 - gave share tenants the right to shift to leasehold where they pay landowners a
fixed rental instead of a variable share
- provided security of tenure to tenants by prohibiting the ejectment of tenants
unless the Court of Agrarian Relations found just cause
- allowed the purchase or expropriation of private lands to be subdivided and
resold to tenants at cost
- created the Court of Agrarian Relations (CAR)
 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).
- Abolished the Land Settlement Development Corporation (LASEDECO) and
created in its place the National Resettlement and Rehabilitation Administration
(NARRA) in order to hasten free distribution of agricultural lands of the public
domain to landless tenants and farmworkers
- It was particularly aimed at the peasant base of the HUK movement (Hukbo ng
Bayan Laban sa Hapon – HUKBALAHAP)
- It was successful in attracting farmers-turned-rebels to a peaceful life by giving
them homelots and farms in NARRA settlements in Palawan and in some parts of
Mindanao
 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.
- Provided for the acquisition of large tenanted rice and corn lands over 300 hectares
if owned by individuals and 600 hectares, if owned by corporations
- Also known as "Land to the Landless Program", it sought to:
1. Reduce large landholdings and consolidate smaller, uneconomic holdings into
plots of adequate sizes;
2. Resettle tenants in areas where land was abundant;
3. Provide adequate credit facilities for small landholders;
4. Reduce rental and interest rates in order to provide security for those who would
remain tenants;
5. Secure land titles for small holders; and
6. Reform the property tax structure.
 R.A. No. 1266 (1955) Expropriation of Hacienda del Rosario, situated at Valdefuente,
Cabanatuan City

 How did he implement the Agricultural Tenancy Act?

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

 What were this administration’s key support programs on AR?

o Under this administration 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
government’s 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.
o This administration spearheaded the establishment of the Agricultural and Industrial Bank to
provide easier terms in applying for homestead and other farmland.

 Did these interventions improve the land ownership and tenancy situation?
 o 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.
o Landlords continued to be uncooperative and critical to the program; and landownership and
tenancy problems continued.

5. Carlos P. Garcia (1957-1961)

 Was there legislation on land reform under this administration?
o There was no legislation passed in his term but he continued to implement the land reform
programs of President Magsaysay.

6. Diosdasdo Macapagal (1961-1965)

 Why President Diosdado Macapagal was considered the “Father of Agrarian Reform”?
o It was during his term that the Agricultural Land Reform Code or RA No. 3844 was enacted
on August 8, 1963. This was considered to be the most comprehensive piece of agrarian
reform legislation ever enacted in the country that time.

 Why was RA No. 3844 considered the most comprehensive piece of legislation ever enacted in the
Philippines?
o This Act abolished share tenancy in the Philippines. It prescribed a program converting the
tenant farmers to lessees and eventually into owner-cultivators;
o It aimed to free tenants from the bondage of tenancy and gave hope to poor Filipino farmers
to own the land they are tilling.
o It emphasized owner-cultivatorship and farmer independence, equity, productivity
improvement and the public distribution of land.
o Aimed to make the farmers owners of the land they tilled
o lowered the retention limit from 300 to 75 hectares
o abolished share tenancy and instituted the leasehold system
o Invested rights of preemption and redemption for tenant farmers
o Institutionalized a judicial system of agrarian cases
o Incorporated extension, marketing and supervised credit system of services to farmer
beneficiaries
o One of the law's basic objectives was to establish owner-cultivatorship and the economic
family-sized farm as the basis of Philippine agriculture and as a consequence, divert landlord
capital in agriculture to industrial development
o created the Land Authority headed by a Governor (under the control and supervision of the
President) for its implementation and to carry out the aforementioned basic objective
o incorporated some of the features of previous land reform laws
o exempted coverage of plantation crops which were deemed too important as export earners
that time

 What happened to the implementation of this Act?

o The landed Congress did not provide effort to come up with a separate bill to provide funding
for its implementation. However, this 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)

7. Ferdinand E. Marcos (1965-1986)

 What was the heart of President Marcos’ Agrarian Reform Program?
o Presidential Decree No. 27 became the heart of the Marcos reform. It provided for tenanted
lands devoted to rice and corn to pass ownership to the tenants, and 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.

 How did this Agrarian Reform Program help the farmers?

 o 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.

 What were the five major components of President Marcos’ Agrarian Reform Program?
o Land Tenure Program
o Institutional Development
o Physical Development
o Agricultural Development ; and
o Human Resources

 Why President Marcos’ agrarian reform program was labeled as “revolutionary” by some sector?
o It was considered revolutionary for two reasons:
1. It was pursued under Martial Law and intended to make quick changes without going
through legislative or technical processes; and
2. It was the only law in the Philippines ever done in handwriting.

 What were some of the limitations of his agrarian reform program?

o Scope of program was limited only to tenanted, privately-owned rice and corn lands;
 Monopoly of businessmen in the coconut and sugar industries.
 Foreign and local firms were allowed to use large tracks of land for their business;
 Declaration of Martial Law leading to the arrest of several farmer leaders without due
process of law due to suspension of the Writ of Habeas Corpus.

 RA 6389 — amended several provisions of RA 3844

- Created the Department of Agrarian Reform, a separate administrative agency for agrarian
reform, replacing the Land Authority
- Instituted the Code of Agrarian Reforms

 PD No. 2 (Proclaiming the Entire Country as a Land Reform Area)

 PD No. 27 (Decreeing the Emancipation of Tenants from the Bondage of the Soil, Transferring to
Them the Ownership of the Land They Till and Providing the Instruments and Mechanism Therefor)
- Restricted land reform scope to tenanted rice and corn lands
- It provided for tenanted lands devoted to rice and corn to pass in ownership to the tenants who
worked the properties
- It lowered the ceiling for landholdings to 7 hectares
- 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
- At the time of land transfer, Certificates of Land Transfer (CLTs) were issued to the new owners
and when payments were completed, Emancipation Patents (EPs) were granted
- Before being given a CLT, a beneficiary must join an agrarian reform cooperative or the
Samahang Nayon (SN)

8. Corazon C. Aquino (1986-1992)

 1987 Constitution (Article II, Section 21) — "The State shall promote comprehensive rural
development and agrarian reform"

 What are the AR legislations and issuances passed under this administration?
1. Proclamation 131, instituted 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.
2. EO 129-A, reorganized the Department of Agrarian Reform and expanded in power and
operations. (The Record and Legacy of the Aquino Administration in AR: Executive
Summary, Planning Service, DAR)
 3. EO 228 declared full ownership of the land to qualified farmer-beneficiaries covered by PD
27. It also regulated (fixed) 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 (form
of payment) to the landowners.
4. EO 229 (Providing the Mechanism for the Implementation of the Comprehensive
Agrarian Reform Program) 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.
5. RA 6657 or Comprehensive Agrarian Reform Law, an act instituting a comprehensive
agrarian reform program to promote social justice and Industrialization, providing the
mechanism for its implementation and for other purposes.

 Were there measures to speed up CARP implementation?

1. 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.
2. E.O. No. 406 emphasized that CARP is central to the government’s 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.
3. 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.
4. E.O. No. 448 – pursued the policy that government should lead efforts in placing lands for
coverage under CARP. It directed the immediate turn-over of government reservations, no
longer needed, that are suitable for agriculture.

 What were the other accomplishments of the Aquino administration in the implementation of the
agrarian reform program?
o 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, this improved particularly
those within landowners’ retained areas or on landholdings subject for coverage.
o It’s 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.
o Also, livelihood and agro-industrial projects promoted and program of support services were
intensified to help farmer beneficiaries become productive and transform them into
entrepreneurs.
o This administration received much support and active involvement in program
implementation from key stakeholders such as people’s organization, farmer’s association,
NGO’s and from prominent landowners themselves.

 What were some of the challenges faced by the administration in the implementation of CARP?
o Various challenges faced this administration in the implementation of CARP. Example is on
land valuation. 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.
o Despite the Agrarian Reform Fund (ARF), this administration experienced a major budgetary
shortfall due to low remittances from the Asset Privatization Trust and the Presidential
Commission on Good Government.
o This administration also experienced constant changes in DAR leadership. This led to lack of
continuity of priority, programs and projects.
o 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.
9. Fidel V. Ramos (1992-1998)
 What were the key accomplishments of this administration?
o 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 valuation,
and case resolution. It is also credited for enhancing internal operating systems and
strengthening the capabilities of the DAR bureaucracy. This administration is also credited
for tapping more resources to help implement the program.

 RA 7881
- Amended certain provisions of RA 6657, more significantly Section 10 thereof on exemptions
and exclusions from CARP, to wit:
o Lands actually, directly or exclusively used for parks and wildlife, forest reserves,
reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves;
o Private lands actually, directly or exclusively used for prawn farms and fishponds:
Provided, That said prawn farms and fishponds have not been distributed and Certificate
of Land Ownership Award (CLOA) issued to agrarian reform beneficiaries (ARBs) under
CARP;
o Lands actually, directly and exclusively used and found to be necessary for sites and
institutions, and all lands with 18% slope and over, except those already developed.

 RA 7905 - It aimed to strengthen the implementation of the CARP by amending certain provisions of
Republic Act No. 6657, particularly the provisions on the creation of support services office (Section
35), funding for support services (Section 36), Provincial Agrarian Reform Coordinating Committee
(Section 44) and province-by-province implementation of CARP (Section 45).

 RA 8532 - Strengthened further the CARP

- It authorized the appropriation of an additional amount of not more than P50 billion needed to
implement the CARP until year 2008
- It provided for yearly appropriations of not less than P3 billion from the General Appropriations
Act

 ARCs (Agrarian Reform Communities)

- The DAR, under the leadership of President Fidel V. Ramos and Secretary Ernesto D. Garilao,
pursued the "development of agrarian reform communities (ARCs) as its key program for national
development."
- An ARC is a barangay at the minimum or a cluster of contiguous barangays where there is a critical
mass of farmers and farmworkers awaiting the full implementation of agrarian reform. These
farmers and farmworkers will anchor the integrated development of the area.
- In order to optimize the allocation and use of limited resources and create an impact, the DAR has
adopted a geographical focus and realigned its priorities towards the development of viable ARCs.
In these areas, DAR shall intensify its interventions to increase farm production, improve household
income, and promote sustainable development.
- ARCs shall serve as growth points in the countryside.

 What were some of the challenges of the Ramos administration in the implementation of CARP?
o Failure in enforcing the installation of some farmer beneficiaries on awarded lands became
an issue for this administration. Critics say that “non-physical installation of FBs has been
the norm rather then 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.

10. Joseph Ejercito Estrada (1998-2001)

 What was the concept of the Magkabalikat Para sa kaunlarang Agraryo (MAGKASAKA) which was
launched under this administration?
o The concept was for investors to bring in capital, technology and management support while
the farmers will contribute, at most, the use of their land itself.
 What are the objectives of the MAGKASAKA?
o Encourage investors to bring investments into the countryside
o Enhance the income of the farmers through joint venture schemes and contract growing
schemes. The program shall enable farmers to be more efficient and globally competitive.
o To ensure adequate support services, there is a need for greater private sector participation,
both civil society and business, in the development of agrarian reform areas.
o MAGKASAKA, pursued under the framework of Joint Economic Enterprises, aimed to bring
investments into the countryside. Investors will be encouraged to become partners of the
farmers in establishing rural business enterprises, particularly in agrarian reform
communities (ARCs). They will contribute capital, technology and management support,
while the farmers will contribute the use of their land but not the land itself. The land cannot
be used to settle obligations of the enterprise. This ensures that ownership of the land
remains in the hand of the farmers.

 What were the other accomplishments of this administration regarding CARP?

o 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.
o 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.
o 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.
o 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 DAR’s
profile both in national and international fora. With this, DAR was able to secure a seat in the
annual consultative group meeting between the Philippines’s economic management team
and the donor community. This period also, launched the DAR-DA-DENR convergence
initiative.

 What were some of the hindrances during this administration in CARP implementation?
o Fiscal constraints encountered by this administration resulted to unpaid or delayed payment
of landowners covered under the compulsory acquisition and VOS schemes.
o 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.

11. President Gloria Macapagal – Arroyo (2001 – 2010)

 What was the implementing framework for CARP under the GMA administration?
o The GMA administration has adopted the BAYAN-ANIHAN (Bayan-Anihan Program for
Rural Development — BPRD) concept as the implementing framework for CARP.
o Bayan means people, 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.

 What are the different implementing strategies of the Bayan-Anihan Framework?

o Salin-Lupa: Accelerating land transfer and improving land tenure.
o Katarungan : Prompt and fair settlement of agrarian disputes and delivery of agrarian reform
justice.
o 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.
 o 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 people’s organizations, cooperatives and NGOs.
o Kamalayan : Raising the awareness of DAR personnel, agrarian reform beneficiaries and the
general public on agrarian reform and it’s contribution to social justice and development.

 What was the program strategy of the DAR in CARP Implementation durin the Arroyo
administration?
o The Kapit_Bisig sa Kahirapan Agrarian Reform Zones (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.
 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 people’s organizations, cooperatives and NGOs.
 Kamalayan : Raising the awareness of DAR personnel, agrarian reform beneficiaries
and the general public on agrarian reform and it’s contribution to social justice and
development.

 What are the other specific programs of this administration to enhance CARP implementation?
o With the Gulayan Magsasakang Agraryo., additional income and food security to farmers
and their communities were provided. Educational opportunities were ushered in to farmer’s
children and dependents through the Diosdado Macapagal Scholar Program.
o 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.

12. Benigno C. Aquino (2010–2016)

 What is the implementing framework of CARP under President B. Aquino’s Administration?
o Under the governance of President 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).
o Together with the efforts to fight graft and corruption by the President, it is imperative to have
institutional reforms within DAR as a complement to the abovementioned DAR components
as well as give credence, transparency and accountability at all sectors of the DAR
bureaucracy.

 What are the strategic directions for the Land Tenure Improvement (LTI)?
o To substantially complete asset reform as mandated by RA9700, the DAR is currently:
1. Completing the land acquisition and distribution (LAD) in the CARPER balance through:
a. Focus on large-sized private agricultural lands;
b. Redeployment of competent DAR personnel to the 20 high LAD provinces;
c. Streamline LAD processes and procedures; and
d. 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.

 What are the strategic directions for Program Beneficiaries Development (PBD)?
o Under President Aquino’s administration, the DAR’s 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 participations 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.

 What are the strategic directions for Agrarian Justice Delivery (AJD) under the present DAR
governance?
o To speed up resolution of AR related cases, the AJD component is geared.
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.

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.
CARP’s 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

SECTION 1. Title. — This Act shall be known as the Comprehensive Agrarian Reform Law of 1988.
 AGRARIAN LAW – all laws that govern and regulate rights and relationship between tenants,
agricultural workers, lessees or landowners (tall), over agricultural lands

SECTION 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.
To this end, a more equitable distribution and ownership of land, with due regard to the rights of
landowners to just compensation 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 farm workers, 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, having taken 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 incentives for
voluntary land-sharing.
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 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 lands 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 3. Definitions. —For the purpose of this Act, unless the context indicates otherwise:

(a) Agrarian Reform means redistribution of lands, regardless of crops or fruits produced, to farmers and
regular farmworkers who are landless, irrespective of tenurial arrangement, to include the totality of factors
and support services designed to lift the economic status of the beneficiaries and all other arrangements
alternative to the physical redistribution of lands, such as production or profit-sharing, labor administration,
and the distribution of shares of stocks, which will allow beneficiaries to receive a just share of the fruits of
the lands they work.

Land Reform is the physical redistribution of land such as the program under Presidential Decree No. 27.
Agrarian reform means the redistribution of lands including the totality of factors and support services
designed to lift the economic status of the beneficiaries. Thus, agrarian reform is broader than land reform.

(b) Agriculture, Agricultural Enterprise or Agricultural Activity means the cultivation of the soil,
planting of crops, growing of fruit trees, raising of livestock, poultry or fish, including the harvesting of such
farm products, and other farm activities and practices performed by a farmer in conjunction with such
farming operations done by person whether natural or juridical.

(c) Agricultural Land refers to land devoted to agricultural activity as defined in this Act and not classified
as mineral, forest, residential, commercial or industrial land.

(d) Agrarian Dispute refers to any controversy relating to tenurial arrangements, whether leasehold,
tenancy, stewardship or otherwise, over lands devoted to agriculture, including disputes concerning
farmworkers' associations or representation of persons in negotiating, fixing, maintaining, changing, or
seeking to arrange terms or conditions of such tenurial arrangements.
It includes any controversy relating to compensation of lands acquired under this Act and other
terms and conditions of transfer of ownership from landowners to farmworkers, tenants and other agrarian
reform beneficiaries, whether the disputants stand in the proximate relation of farm operator and
beneficiary, landowner and tenant, or lessor and lessee.

(e) Idle or Abandoned Land refers to any agricultural land not cultivated, tilled or developed to produce
any crop nor devoted to any specific economic purpose continuously for a period of three (3) years
immediately prior to the receipt of notice of acquisition by the government as provided under this Act, but
does not include land that has become permanently or regularly devoted to non-agricultural purposes. It
does not include land which has become unproductive by reason of force majeure or any other fortuitous
event, provided that prior to such event, such land was previously used for agricultural or other economic
purpose.

(f) Farmer refers to a natural person whose primary livelihood is cultivation of land or the production of
agricultural crops, either by himself, or primarily with the assistance of his immediate farm household,
whether the land is owned by him, or by another person under a leasehold or share tenancy agreement or
arrangement with the owner thereof.

(g) Farmworker is a natural person who renders service for value as an employee or laborer in an
agricultural enterprise or farm regardless of whether his compensation is paid on a daily, weekly, monthly
or "pakyaw" basis. The term includes an individual whose work has ceased as a consequence of, or in
connection with, a pending agrarian dispute and who has not obtained a substantially equivalent and
regular farm employment.

(h) Regular Farmworker is a natural person who is employed on a permanent basis by an agricultural
enterprise or farm.

(i) Seasonal Farmworker is a natural person who is employed on a recurrent, periodic or intermittent basis
by an agricultural enterprise or farm, whether as a permanent or a non-permanent laborer, such as
"dumaan", "sacada", and the like.

(j) Other Farmworker is a farmworker who does not fall under paragraphs

(g), (h) and (i).

(k) Cooperatives shall refer to organizations composed primarily of small agricultural producers, farmers,
farmworkers, or other agrarian reform beneficiaries who voluntarily organize themselves for the purpose of
pooling land, human, technological, financial or other economic resources, and operated on the principle of
one member, one vote. A juridical person may be a member of a cooperative, with the same rights and
duties as a natural person.

CHAPTER II: Coverage

SECTION 4. Scope. — The Comprehensive Agrarian Reform Law of 1989 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.
More specifically the following lands are covered by the Comprehensive Agrarian Reform Program:
(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.

SECTION 5. Schedule of Implementation. — The distribution of all lands covered by this Act shall be
implemented immediately and completed within ten (10) years from the effectivity thereof.
  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.

SECTION 6. Retention Limits. — Except as otherwise provided in this Act, no person may own or retain,
directly or indirectly, any public or private agricultural land, the size of which shall vary according to factors
governing a viable family-size farm, such as commodity produced, terrain, infrastructure, and soil fertility as
determined by the Presidential Agrarian Reform Council (PARC) created hereunder, but in no case shall
retention by the landowner exceed five (5) hectares.
Three (3) hectares may be awarded to each child of the landowner, subject to the following
qualifications: (1) that he is at least fifteen (15) years of age; and (2) that he is actually tilling the land or
directly managing the farm: Provided, That landowners whose lands have been covered by Presidential
Decree No. 27 shall be allowed to keep the areas originally retained by them thereunder: Provided, further,
That original homestead grantees or their direct compulsory heirs who still own the original homestead at
the time of the approval of this Act shall retain the same areas as long as they continue to cultivate said
homestead.

The right to choose the area to be retained, which shall be compact or contiguous, shall pertain to
the landowner: Provided, however, That in case the area selected for retention by the landowner is
tenanted, the tenant shall have the option to choose whether to remain therein or be a beneficiary in the
same or another agricultural land with similar or comparable features. In case the tenant chooses to remain
in the retained area, he shall be considered a leaseholder and shall lose his right to be a beneficiary under
this Act. In case the tenant chooses to be a beneficiary in another agricultural land, he loses his right as a
leaseholder to the land retained by the landowner. The tenant must exercise this option within a period of
one (1) year from the time the landowner manifests his choice of the area for retention. In all cases, the
security of tenure of the farmers or farmworkers on the land prior to the approval of this Act shall be
respected.
Upon the effectivity of this Act, any sale, disposition, lease, management, contract or transfer of
possession of private lands executed by the original landowner in violation of the Act shall be null and void:
Provided, however, That those executed prior to this Act shall be valid only when registered with the
Register of Deeds within a period of three (3) months after the effectivity of this Act. Thereafter, all
Registers of Deeds shall inform the Department of Agrarian Reform (DAR) within thirty (30) days of any
transaction involving agricultural lands in excess of five (5) hectares.