Agrarian Reform

Module 6
 Subtopics

Agrarian reform policies

History of agrarian reform

Hacienda Luisita case

Agrarian Reform Policies
 Constitutional bases

ARTICLE II, SECTION ARTICLE XII, ARTICLE XIII,

21 SECTION 1 SECTIONS 4-8
 Article II, Section 21
The State shall promote comprehensive rural development and agrarian
reform.
 REPUBLIC ACT NO. 6657 -
Comprehensive Agrarian Reform
Agrarian Law of 1988

Reform
REPUBLIC ACT No. 9700 -
Laws COMPREHENSIVE AGRARIAN
REFORM LAW OF 1988, AS
AMENDED
Department
of Agrarian
Reform
(DAR)
 WHAT IS AGRARIAN REFORM?
• Agrarian Reform means the 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
(Section 3(a), R.A. no. 6657).
 SCOPE
• All alienable and disposable lands of the public domain devoted to or
suitable for agriculture.
• All lands of the public domain in excess of five (5) hectares
• All other lands owned by the Government devoted to or suitable for
agriculture
• All private lands devoted to or suitable for agriculture regardless of the
agricultural products raised or that can be raised thereon. (Sec. 3, R.A. no. 9700)
 RETENTION LIMITS
General Rule: : Not to exceed five (5) hectares (Sec. 6, R.A. No. 6657)
Exceptions:
Provincial, city and municipal government ,units acquiring private agricultural
lands by expropriation or other modes of acquisition to be used for actual,
direct and exclusive public purposes, such as roads and bridges, public
markets, school sites, resettlement sites, local government facilities, public parks
and barangay plazas or squares, consistent with the approved local
comprehensive land use plan. (Sec. 6-A, R.A. No. 9700)
 RETENTION LIMITS
Exceptions:
Ancestral lands - lands in the actual, continuous and open possession and
occupation of the community and its members (Sec. 9, R.A. No. 6657)
 RETENTION LIMITS
Exceptions:
Lands actually, directly and exclusively used and found to be necessary for:
parks, wildlife, forest reserves, reforestation, fish sanctuaries and breeding grounds,
watersheds, and mangroves, national defense, school sites and campuses including
experimental farm stations operated by public or private schools for educational
purposes, seeds and seedlings research and pilot production centers, church sites and
convents appurtenant thereto, mosque sites and Islamic centers appurtenant thereto,
communal burial grounds and cemeteries, penal colonies and penal farms actually
worked by the inmates, government and private research and quarantine centers and all
lands with eighteen percent (18%) slope and over, except those already developed shall
be exempt from the coverage of this Act. (Sec. 10, R.A. No. 6657)
 WHAT IF THE LAND EXCEEDED 5
HECTARES?
• Covered by CARP
• Expropriated with payment of just compensation
• the cost of acquisition of the land
• the value of the standing crop
• the current: value of like properties
• its nature, actual use and income
• the sworn valuation by the owner
• the tax declarations
• the assessment made by government assessors, and
• seventy percent (70%) of the zonal valuation of the Bureau of Internal Revenue (BIR)
 AWARD CEILINGS
Beneficiaries shall be awarded an area not exceeding three (3) hectares, which
may cover a contiguous tract of land or several parcels of land cumulated up to
the prescribed award limits. (Section 10, R.A. No 9700)
 WHO ARE THE BENEFICARIES?
SECTION 22. Qualified Beneficiaries. – The lands (d) other farmworkers;
covered by the CARP shall be distributed as much as
possible to landless residents of the same barangay, or
in the absence thereof, landless residents of the same (e) actual tillers or occupants of public lands;
municipality in the following order of priority:

(f) collectives or cooperatives of the above

(a) agricultural lessees and share tenants; beneficiaries; and

(b) regular farmworkers; (g) others directly working on the land.

(c) seasonal farmworkers;

 PAYMENT BY BENEFICIARIES
SEC. 26. Payment by Beneficiaries. - Lands awarded pursuant to this Act shall
be paid for by the beneficiaries to the LBP in thirty (30) annual amortizations at
six percent (6%) interest per annum.
• The annual amortization shall start one (1) year from the date of the
certificate of land ownership award registration.
• However, if the occupancy took place after the certificate of land ownership
award registration, the amortization shall start one (1) year from actual
occupancy.
 TRANSFERABILITY OF AWARDED
LANDS
Lands acquired by beneficiaries under this Act or other agrarian reform laws
shall not be sold, transferred or conveyed except through hereditary
succession, or to the government, or to the LBP, or to other qualified
beneficiaries through the DAR for a period of ten (10) years. (Section 12,
R.A. No. 9700)