On Some Legal Questions on the

Genuine Agrarian Reform Bill

YOUTH FOR GARB ALLIANCE
SEPTEMBER 3, 2015
1. Is GARB
constitutional?
1. Is GARB constitutional?

Yes. The 1987 Constitution even

compels the passage of GARB.
1. Is GARB constitutional?
ARTICLE XIII
AGRARIAN AND NATURAL RESOURCES REFORM
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...
1. Is GARB constitutional?
ARTICLE XIII
SOCIAL JUSTICE AND HUMAN RIGHTS
Section 1. 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.
Section 2. The promotion of social justice shall include the
commitment to create economic opportunities based on freedom of
initiative and self-reliance.
2. Why are farmer-
beneficiaries prohibited
to dispose of the
distributed land?
2. Why are farmer-beneficiaries prohibited
to dispose of the distributed land?

To protect their control of the land and avoid

the re-concentration of land ownership.
2. Why are farmer-beneficiaries prohibited
to dispose of the distributed land?
Doesn’t that mean that they do not have the “full
ownership” of the land?

Yes. The Constitution does not speak of any “full

ownership” or that it may defeat the essence of land
distribution. On the other hand, GARB provides farmer-
beneficiaries with land to till, not land to sell.
The right to dispose (jus disponendi) is witheld to ensure the
protection of their rights to use (jus utendi), enjoy the fruits of (jus
fruendi), consume by its use of (jus abutendi), and recover (jus
vindicandi) the land. It is mere regulation of ownership, in order to
strengthen it.
2. Why are farmer-beneficiaries prohibited
to dispose of the distributed land?

The continuing landlessness of farmers and

worsening rural underdevelopment after our long
experience with CARP/ER (and earlier programs)
exposes the bankruptcy of its framework wherein
the State pledges “full ownership” in condition of
and only after full payment (ie. 30 year
amortization) in fulfilling our constitutional
mandate for agrarian reform.
3. Does GARB
provide just
compensation?
3. Does GARB provide just
compensation?

Yes, but only for justly acquired landholdings.

GARB has a whole article for that, Article XII (Just
Compensation), with two sections: how to
determine (Sec. 44) and how to pay (Sec. 45).
4. Does GARB ensure
“due process” for land
owners?
4. Does GARB ensure “due
process” for land owners?

Yes. Only sullied landholdings are confiscated.

Sections 21 (Validation of the list of sullied landholdings), 22
(Summary hearing for sullied landholdings), and 23 (Issuance of
Compulsory Acquisition Order and liability of the landowner) of GARB
ensures so: after the issuance of compulsory acquisition orders to
validated sullied landholdings, owners of such lands can appeal in court
via certiorari, meanwhile land distribution pushes through as the
payment of just compensation is being decided upon.
5. Is the
nationalization of
agri-businesses’ lands
constitutional?
5. Is the nationalization of agri-
businesses’ lands constitutional?

Yes. As exercise of the State’s police power*, business

permits will be cancelled. Only sullied landholdings are
confiscated after due process.

*the power vested in the legislature by the Constitution to make, ordain,

establish all manner of wholesome and reasonable laws for the good and
welfare of the State and its people (Ermita Malate Hotel VS City Mayor; July 31,
1967)
5. Is the nationalization of agri-
businesses’ lands constitutional?
Even CARP has a similar provision*, but fails at ensuring
farmer welfare.

*Sec. 8. Multinational Corporations. - All lands of the public domain leased, held
or possessed by multinational corporations or associations, and other lands
owned by the government or government-owned or controlled corporations,
associations, institutions or entities, devoted to existing and operational
agribusiness or agro-industrial enterprises, operated by multinational
corporations and associations, shall be programmed for acquisition and
distribution...
In conclusion
GARB sufficiently answers to the mandate
given by the 1987 Constitution on agrarian reform,
farmer rights, and agricultural development. It
highlights the potentials and possibilities provided
by the powers given to the people by the current
Constitution, as it underscores the continuing
failure of our legislators, and hence empowers us,
the people, to act.