Land Reform

- Land is a not a mere commodity, it is an essential element for the realization of many human
rights. (UNOHCHR, n.d.).
- Landlessness results to breach in economic, social, and cultural rights.
Economic – livelihood
Cultural – ethnic groups ancestral lands
Social – social security (standard way of living)
- Land reform stands out as one policy area for poverty alleviation in the rural sector.
(Mangahas, 1985).
- Since, the Philippines is primarily agricultural in nature, 47% of land area is dedicated for
agricultural use (DLSU Pinas, n.d.).
Philippine Situation during 1972
- Shutting down of TV networks under martial law.
- Martial Law
- ‘Ambush’ of Juan Ponce Enrile
Presidential Decree 27, s. 1972
- October 21, 1972
- Emancipation of tenants from the bondage of soil
Features:
- Retention limit of 7 hectares
- Rice and corn lands
Valuation of Land Formula (Mangahas, 1985)

15
A
V =2.5Q=∑
t=1 1.06 t
Where:
Q = production of average harvest of three normal crop years excluding the seeds and other
miscellaneous expenses.
A = amortization to be paid annually
T = time period which ranges from 1 to 15 annual payments.
Land Pawning – amortization of land by the landowners to the tenants
Land pawning is more widespread during the time of P.D. 27 because landowners want to
directly coordinate with the tenant farmers.
PD27 grants each tenant of covered lands a 5 hectare lot, or in case the lot is irrigated, 3
hectares constituting the family size farm. However, said law allows a covered landowner to retain not
more than 7 hectares of his land if his aggregate landholding doesn’t exceed 24 hectares.
The right to retention may be exercised over tenanted land despite the issuance of the certificate of
land transfer to farmer beneficiaries. What must be protected, however, is the right of the tenants to
opt to stay on the land chosen to be retained by the landowner or be a beneficiary in another
agricultural land with similar or comparable features
Philippine Situation during 1987-1988
- October 22, 1988 – illegal money transfer charged to Imelda and Ferdinand Marcos
- Death of Gregorio Zaide
- Mendiola Massacre (13 farmers were killed)
- 1987 Constitution was ratified.
Comprehensive Agrarian Reform Program
- It is a program based on R.A. 6657 or the Comprehensive Agrarian Reform Law.
- The principle of just compensation is used to determine the valuation of land to be paid to the
land owners.
Key Components:
1. Land Tenure Improvement – improving the tenurial situation of landless
2. Land Acquisition and Distribution – distribution of lands to landless
3. Leasehold Operation – mediating in tenancy agreement
4. Program Beneficiaries Development – giving aid to farmers
5. Agrarian Legal Assistance and Adjudication of Cases – settlement of agrarian cases
Agrarian Reform helps the farmers in ways that:
- Land distribution and enforcement of policies concerning agrarian reform.
- Delivery of support services
- Agrarian justice
Why Comprehensive?
- It is nationwide in scope and covers all types of probable agricultural land whether publicly or
privately-owned.
Target
- 10.3 million hectares to be distributed to 4.5 million landless farmworkers and farmers.
a. 6.5 million hectares of forest land by DENR
b. 3.8 million hectares of agricultural land by DAR
- 10 years period will end in 1999.
Section 22 of RA 6657, states that qualified farmer beneficiaries are as follows:
- Agricultural lessees and share tenants;
- Farmworkers (Regular/Seasonal)
- Actual tillers or occupants of public lands;
- * Collective or cooperatives of the above beneficiaries; and
- * Others directly working on the land
In Section 22 of RA 6657, the following can qualify:
- * Landless as defined in RA 6657. One is considered landless if he/she owns less than 3
- hectares of agricultural land;
- * Filipino citizen;
- * At least 15 years of age or head of the family at the time of acquisition of property; and
- * Has willingness, ability and aptitude to cultivate and make the land productive as possible.
 Premature Land Conversion – nonstandard timing for the conversion of land.
Presidential Decree 815, s. 1975 protects the tenancy situation of farmers by requiring land
owners who plans to convert their land to secure permits from involved government
agencies.
o Legal Conversion – conversion of land to agricultural use or vice versa that goes
through the legal process mandated by DAR.
o Illegal Conversion – conversion of land to agricultural use or vice versa that does not go
through the legal process set by DAR.
o Fake Conversion – fake conversion of land from agricultural use to commercial use that
either goes through the process or bypassed the process (intention is fake).
Bustos (1981) enumerated the factors considered by the government agencies for land conversion.
1. Agricultural Productivity of Area
2. Availability of public utilities
3. Agricultural output affected
4. Proximity of areas to priority areas
5. Ecological Stability of Area
6. Applicant’s Ability to Complete the Development
CARPER
- RA 9700
- Gloria Macapagal Arroyo,
- June 30, 2009
Key Components:
1. Gender-sensitive: inclusion of rural women to PARC (Presidential Agrarian Reform Council)
2. Budget – 150 Billion allocation which will came from General Appropriations Act, Agrarian
Reform Fund and other sources
3. Creation of oversight committee
4. Continuation Program
5. Policies in Converting Agricultural Land (imposition of penalties 6-12 years of imprisonment)
Comparative Analysis of PD 27 and RA 6657
- Land Distortion have been introduced as ways to avoid agrarian reform legislated by both
administration.
- Land conversion was more rampant during the implementation of RA 6657 because the
coverage of reform is wide and the need for evasion of reform exists.
- Land Conversion still persists but not as widespread because the agricultural crops covered
include rice and corn only. However, land pawning was seen to be common because land
owners want to directly control the rate or tenants to be sold on to.
- Land Valuation in P.D. 27 is based only on production but not its potential urban value.
- Land Conversion issue is an agrarian issue that should be seen in the lens of landowners
circumvention of reform program.
- Voluntary Land Conversion Scheme is a major loophole of CARP because it allows the
landowners to transfer parcels of land to dummies or to fictitious beneficiary.
- House of Representatives which is also tasked to monitor and appropriate budget hampered
the implementation of CARP by underfunding it.
 - Of the estimated 225 billion budget reserved for CARP for its 20 years implementation, 175
billion of budget was appropriated but only 150 billion was actually provided.
Special Subject:
Despite the implementation of CARP, Aquino was not spared from the controversies that
eventually centered on Hacienda Luisita, a 6,453-hectare estate located in the Province of Tarlac,
which was a shared inheritance among the Cojuangco clan. She was scored for allowing Hacienda
Luisita, which was now owned by the Tarlac Development Corporation, to opt for stock
distribution, instead of land redistribution. As such, ownership of agricultural portions of the
hacienda were transferred to the corporation, which in turn, gave its shares of stocks to farmers.
The arrangement remained in force until 2006, when the Department of Agrarian Reform
revoked the stock distribution scheme adopted in Hacienda Luisita, and ordered instead the
redistribution of a large portion of the property to the tenant-farmers.[14] The Department stepped into
the controversy when in 2004, violence erupted over the retrenchment of workers in the Hacienda,
eventually leaving seven people dead