Article 7. Statement of Objectives.

- Inasmuch as the old concept of land ownership by a few has

spawned valid and legitimate grievances that gave rise to violent conflict and social tension and the
redress of such legitimate grievances being one of the fundamental objectives of the New Society, it has
become imperative to start reformation with the emancipation of the tiller of the soil from the bondage.

In my own understanding, it is absolutely necessary and important to start reformation for it gives tillers
and farm workers the right over the agricultural lands they till and cultivate. It gives farm workers the
opportunity to be treated fairly and to be given equal protection among other landowners. Also, it gives
opportunity to laborers to enhance their dignity and improve the quality of their lives through greater
productivity of agricultural lands.

In my own understanding, Emancipation of tenants means the transfer of lands to tenant workers and
laborers who tilt, cultivate, and harvest the land, them being a vital part of the labor force who has the
biggest contribution in the production of foods.

Agrarian Reform means the redistribution of lands, regardless of crops or fruits produced to farmers and
regular farmworkers who are landless, irrespective of tenurial agreement, to include the totality of
factors an 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 of profit-sharing,
labor administration, and the distribution of shares of stocks, labor administration, and the distribution
of share of the fruits of the lands they work. [Sec. 3(a), R.A. No. 6657]

The aim of Agrarian Reform is to breakup agricultural lands and transform them into economic size
farms to be owned by the farmers themselves, with the end in view of uplifting their socio economic
status. It aims to give rights to the farmers and regular farm workers who are landless, to own directly or
collectively the lands they till, or in case of other farm workers, to receive a just share in the fruits.
Moreover, it provides for a possibility or a favorable chance of uplifting the economic status of the
agrarian reform beneficiaries, which may, or may not be attained.

Republic Act No. 6657 is an act instituting a comprehensive agrarian reform program to promote social
justice and industrialization, providing the mechanism for its implementation, and for other purposes.
Under this Act, 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. 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.
Furthermore, the State shall respect the right of small landowners, and shall provide incentives for
voluntary land-sharing. The purposes of this Act is to promote social justice and to move the nation
toward sound rural development and industrialization, to establishment of owner cultivatorship of
economic-size farms as the basis of Philippine agriculture, to initiate more equitable distribution and
ownership of land, with due regard to the rights of landowners to just compensation, to uphold the
ecological needs of the nation, and 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.

Article 8. Transfer of Lands to Tenant-Workers. Being a vital part of the labor force, tenant-farmers on
private agricultural lands primarily devoted to rice and corn under a system of share crop or lease
tenancy whether classified as landed estate or not shall be deemed owner of a portion constituting a
family-size farm of five (5) hectares, if not irrigated and three (3) hectares, if irrigated.

In all cases, the land owner may retain an area of not more than seven (7) hectares if such landowner is
cultivating such area or will now cultivate it.

In my own understanding of Article 8, Tenant-Workers, being a vital part of the labor force and food
production, can own a portion of the agricultural land they cultivate, giving them all the rights over the
said land, for them to be able to to provide a modest standard of living, and to meet a farm family's
needs provided that they will own not exceeding the maximum area provided by the said Article.

As provided for in R.A. No. 6657, Retention Limit, 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.

(1) All alienable and disposable lands of the public domain devoted to or suitable for agriculture; (2)
All lands of the public domain in excess of the specific limits as determined by Congress in the
preceding paragraph; (3) All other lands owned by the Government devoted to or suitable for
agriculture; and (4) All private lands devoted to or suitable for agriculture regardless of the
agricultural products raised or that can be raised thereon.
Article 9. Determination of Land Value. For the purpose of determining the cost of the land to be
transferred to the tenant-farmer, the value of the land shall be equivalent to two and one-half (2-1/2)
times the average harvest of three 93) normal crop years immediately preceding the promulgation of
presidential Decree No. 27 on October 21, 1972.

The total cost of the land, including interest at the rate of six percent (6%) per annum, shall be paid by
the tenant in fifteen (15) years of fifteen (15) equal annual amortizations.

In case of default, the amortization due shall be paid by the farmers' cooperative in which the defaulting
tenant-farmer is a member, with the cooperative having a right of recourse against him.

The government shall guarantee such amortizations with shares of stock in government-owned and
government-controlled corporations.

Article 9 of the Labor Code provides for computation of the cost of land to be transferred to tenant
farmers, wherein, the value of the land shall be equivalent to 2 & 1/2, multiplied by the average of 3
normal crop years. It also provides for the interest rate to be paid by the tenant for, and explains the
period in which the rate is reduced and paid off.

Under Section 17 of R. A. No. 6657 , In determining just compensation, the cost of acquisition of the
land, the current value of like properties, its nature, actual use and income, the sworn valuation by the
owner, the tax declarations, and the assessment made by government assessors shall be considered.
The social and economic benefits contributed by the farmers and the farmworkers and by the
Government to the property as well as the non-payment of taxes or loans secured from any government
financing institution on the said land shall be considered as additional factors to determine its valuation.

Under Section 18 of R. A. No. 6657 , the Land Bank of The Philippines (LBP) shall compensate the
landowner in such amounts as may be agreed upon by the landowner and the Department of Agrarian
Reform (DAR) and the LBP, in accordance with the criteria provided for in Section 16 and 17 and other
pertinent provisions hereof, or as may be finally determined by the court, as the just compensation for
the land. The compensation shall be paid in one of the following modes, at the option of the landowner:
(1) cash payment; (2) shares of stocks in government-owned or controlled corporations, LBP preferred
shares, physical assets or other qualified investments in accordance with guidelines set by the PARC; (3)
tax credits which can be used against any tax liability; (4) LBP bonds which shall have the following
features: market interest rates aligned with 91-day treasury bill rates, and transferability and
negotiability.

Article 10. Conditions of Ownership. No title to the land acquired by the tenant-farmer under
Presidential decree No. 27 shall be actually issued to him unless and until he has become a full-fledged
member of a duly recognized farmers' cooperative.

Title to the land acquired pursuant to Presidential Decree No. 27 or the Land Reform Program of the
Government shall not be transferable except by hereditary succession or to the Government in
accordance with the provisions of Presidential Decree No. 27, the Code of Agrarian Reforms and other
existing laws and regulations.

A tenant farmer cannot be issued a title to the land he obtained under the Emancipation of tenant
decree if he is still not a fully fledged member of a duly recognized farmers' cooperative. The said title
cannot be transferred to anyone except if he / she is a member of the family, or if he or she is entitled to
inherit the said land, or to the government, in accordance with the law.

The Department of Agrarian Reform's role in this chapter of the Labor Code is to circulate, make known
to the public, provide and implement all the necessary rules and regulations to be undertaken by those
who are mostly affected by the said Emancipation of Tenants.

The Department of Agrarian Reform (DAR) is vested with primary jurisdiction to determine and
adjudicate agrarian reform matters and shall have exclusive original jurisdiction over maters involving
the implementation of agrarian reform except those falling under the exclusive jurisdiction of the
Department of Agriculture (DA) and the Department of Environment and natural resources (DENR).

The Department of Agrarian Reform (DAR) is vested with primary jurisdiction to determine and
adjudicate agrarian reform matters and shall have exclusive original jurisdiction over maters involving
the implementation of agrarian reform except those falling under the exclusive jurisdiction of the
Department of Agriculture (DA) and the Department of Environment and natural resources (DENR).

Its function is to provide the beneficiaries, the necessary support services to make their lands more
productive, and enable them to venture in income generating livelihood projects.

NO. The Department of agrarian Reform shall not be bound by technical rules of procedures and
evidence, but shall proceed to hear and decide all cases, disputes or controversies in a most expeditious
manner, employing all reasonable means to ascertain the facts of every case in accordance with justice
and equity and the merits of the case. Towards this end, it shall adopt a uniform rule of procedure to
achieve a just, expeditious and inexpensive determination of every action or proceeding before it.