a.k.a.

Republic Act 6657 signed by President Corazon Aquino on June 10, 1988

 To reform means to change. To look for change implies the existence of a defect, or that is something is deformed or malfunctioning. Land reform refers to all set of activities and measures that may should or be taken to improve or correct the defects, or problems in the relations among men with respect to the rights of the land they till. It is technically defined as an integrated set of measures technically designed to eliminate obstacles to economic and social development arising out of defects in the agrarian structure.

 Problems encountered by the Philippines regarding ownership and use of the land: - Encomienda System - The awarding of friar lands all gave owners virtual control over the land forever - Tenancy system

Land Tenure Structure

Refers to one or more systems regulating the rights to a mans ownership, control, and usage of the land. It is a system which defines a persons legal right and ownership over land, and the duties accompanying such right.

Different ways of effecting land tenure reform measures:

Redistribution of Public Lands through exappropriation or purchase -Government decides to take private lands while compensating the original owner then redistributes the land to farmer/ tillers. Distribution of lands in the public domain resettlement or colonization - Public lands which are poorly utilized are redistributed to farmers/tillers and made productive.

Different ways of effecting land tenure reform measures:

Regulation of agricultural labor contracts and wages - In this move, farmers/ tillers are elevated to farmworkers and laborers who are now given labor rights. Regulation of Tenancy - These are actions to protect tenants and regulate relationship between landowners and tenant farmers.

Different ways of effecting land tenure reform measures:

Control and/ or elimination of absentee landlordism - Absentee landlordism renders agriculture inefficient. In extreme instances, land ownership is transferred to the actual tillers.

Tenant Emancipation Decree (P.D. 27)

Signed by President Ferdinand E. Marcos on October 21, 1972. This refers to the emancipating the tenantfarmers from the bondage of the soil. This made tenant farmers in all private agricultural lands primarily devoted to rice and corn, the owners of the lands they were tilling.

Production Structure
This includes all activities related to the nature, type, and mode of operations to make land productive. This is the actual process of production or farm operation producing output. These activities take into consideration the size, location, shape of production unit or holding, or whether these production units are operating singly or in consonance with other farm units.

To make sure that land becomes productive, several activities have been done: Imposition of a floor on holdings or economic size beyond which further subdivision is to be prevented Imposition of a ceiling on holdings of noncultivating owners Organization of crop rotation system

Difference between Land Tenure Structure and Production Structure

Land Tenure Structure
Rights

Production Structure
Production

over land

and use of land

Ownership

holding Operation holding Refers to the right over Refers to the actual management of land, whether in terms of full holding or the manpower in which the ownership or a s land is cultivated or operated circumscribed by law, irrespective of ownership irrespective of the manner in which the holding is operated or managed.

Agrarian Structure
Is defined as a complex set of relationships within the agricultural sector (tenure structure, production structure, and structure of support services) Reforms in the agrarian structure seek to remedy not only the defect in the dsitribution and use of land but also and especially, the accompanying economic, social and political relations.

Examples of Agrarian Reform measures:

Public Health Programs Family Planning Education and training of farmers Reorganization of land reform agencies Application of labor law to agricultural workers Construction of infrastructure facilities Organization of various types of voluntary associations Providing employment opportunities

Accompanying measures to agrarian reform:

Credit facilities (Landbank) Marketing Support Farm Technology Training Cooperatives

Vital position of Agriculture in National Economy:

Agriculture forms a predominant industry in the Philippines. A large proportion of the total working population is employed in agriculture and a large percentage distribution of the Gross Domestic Product comes from agriculture. Exports of agricultural products and their derivatives constitute a major source of valuable foreign exchange.

Obstacles to agricultural productivity

Agricultural productvity does not occur by chance, it has to be worked out It is clear that reforms are needed to remove barriers to increased agricultural productivity so that the agriculture can contribute its maximum share to overall growth and economic development

*AGRARIAN REFORM is an instrument for increasing agricultural productivity. - It seeks to create an environment that will encourage farmers to produce more and market more of what they produce, to the end that an improvement in the level of living of rural population can be achieved at the earliest possible time and thus elp to hasten the pace of national development

*AGRARIAN REFORM, a multi-faceted program

- Agrarian reform as a government-sponsored program, implies socio-cultural transformation.

 Socio-cultural changes from agrarian reform:

A change from self-subsistent outlook to one of surplus production. The farmers begin putting all their energies in the farm. A sound social order in the farming villages was enhanced significantly Farmers initiative and active participation in the leadership roles were promoted. As land reform enhanced agricultural productivity and consequently, increased net family incomes, the farmers were able to send their children to school.

Goals of CARP
Provide farmers and farm workers with the opportunity to enhance their dignity. Improve the quality of their lives Dismantle monopoly on land ownership distribution Increase agricultural production

Key objectives of CARP

EQUITY establishing equity by democratizing control over the countrys lands CAPABILITY builds the capacity of farmer beneficiaries to manage reformed lands productively by giving support to services they need. SUSTAINABILITY by promoting the ecosystem

Approaches to meet CARP objectives:

Maximize the productivity of the farmers and reformed lands Promote private investments in the agricultural sector Make new owners competitive in a free market environment

Program Implementation of CARP:

DAR (Department of Agrarian Reform) mandated to determine and adjudicate reform matters, and shall have exclusive orginal jursidiction of DENR (Department of Environment and Natural Resources)
Shall have powers to punish for contempt and to issue subpoena to enforce its orders for discussion Leading agency of CARP implementation which aims to facilitate farmer beneficiaries to avail the services they can offer.

Program Implementation of CARP:

Presidential Agrarian Reform Coordinating Committee (PARRCCOM)
Highest policy making body that is in-charge in facilitating effective delivery services for farmers

Program Implementation of CARP:

Presidential Agrarian Reform Council (PARC) in charge with the province implementation of the CARP
To coordinate the implementation of CARP To ensure the timely and effective delivery of the necessary support services

Program Implementation of CARP:

They are composed of the following: - President (Chairman) * DBM (Department of Budget) * DOF (Department of Finance) * DOJ (Department of Justice) * DOLE (Department of Labor and Employment) * DILG (Department of Interior and Local Government) * DPWH (Department of Public Works and Highways) * DOTI (Department of Trade and Industry)

Program Implementation of CARP:

* DOTC (Department of Transportation and Communication) * NEDA (National Economic Development Authority) * LBP * PCGG (Presidential Commission on Good Governance)

Program Implementation of CARP:

Barangay Agrarian Reform Council (BARCO)
In charge with the task of acting on matters related to agrarian reform to the barangay level

Program Implementation of CARP:

Baronage Agrarian Reform Program Council (BARC)
Participate and gives support to the implementation of programs on the agrarian reform Mediate, conciliate or abitrate agrarian conflicts and issues that are brought for it for resolution

Credit Support
Each beneficiary who actually farms his land should be eligible for a production loan to finance one crop cycle under terms and conditions to be determined by the LBP Renewable upon payment

Distribution and Utilization of Public Lands

All alienable and disposal public land for the public domain suitable for the agriculture Shall be distributed by DENR

Product on Sharing
Individual owners/ operators under lease agricultural lands with gross sales 5 million pesos per annum.
Mandated to execute a production sharing plan 2.5% of the gross sales from the production are distributed as compensation Not obliged to pay more than 100% of the regular and annual

Payment Beneficiaries
Land acquired/ government redistributed by the

Shall be paid for beneficiaries in 30 equal annual payments at 6% interest per annum No case shall the annual amortization (reduction of a debt by making payments in installments/ exceed 10%) LBP shall have the lien by way mortgage on the land by the beneficiary which may be foreclosed by the LBP when the principal balance is unpaid and past due

Collective/ Individual Ownership

Land with Multiple Beneficiaries
Ownership of whole parcels can be transferred to the farmer beneficiaries collectively or individually If collective ownership each beneficiary shall have an undivided share of the land held in common equivalent not more than the applicable retention limit.
Collectively decide on the contnued operation of the parcel as a whole

Executive Order no. 229

Provides the mechanisms implementation of CARP for the

Article II Declaration of Principles and State Policies The state shall promote comprehensive rural development and agrarian reform. Article XII National Economy and Patrimony The state shall promote industrialization and full employment based on sound agricultural development and agrarian reform.

 All natural and juridical persons, including government entities ownng, leasing, or managing agricultural lands shall file a sworn statement:
Description and land area of the property Estimated average gross income Names of tenants/ farmwives Crops planted and area covered Terms of mortgages, leases Latest declared market value Current fair market value, which its owner wishes to receive if the property is acquired by the government for agragrian purpose.

Compulsory Registration of Agricultural Lands (upon effectivity to E.O. 229)

Compensation to Landowners
LBP shall compensate the landowner MODES OF PAYMENT: 1. Bond payment over 10 years -10% of the value paid in cash - bears market rates of interest - aligned within a 91 day T-bills rates 2. Direct cash payment or Kind - with terms to be mutually agreed upon by the beneficiaries and landowners - subject to DARs approval

Assistance to Landowners
LBP shall assist and provide the following services: - investment in information and counselling assistance - conversion exchange of LBP bonds to/from government stocks - marketing of BP bonds

Land Acquisition
Private Agricultural lands Government Owned/ held
Rice and corn Idle or abandoned lands Lands foreclosed by private/ government financial institutions Private agricultural lands Public lands suitable for agriculture Lands acquired by PCGG Lands used by multinational corporations

Lands not covered by CARP

Not suitable for agriculture Classified as mineral, residential, commercial or industrial Classified and approved as non agricultural before June 15, 1988 Devoted to poultry, swine or livestock raising

Arroyo signs CARPer law

http://www.abs-cbnnews.com/nation/08/07/09/arroyo-signs-carper-law

MANILA - President Gloria Macapagal Arroyo on Friday signed the consolidated version of the bill extending the Comprehensive Agrarian Reform Program (CARP) for another five years. Malacaang said the signing of Republic Act 9700 or CARP Extension with reform is the government's response to the plea of farmers to extend the program, which expired last year. Mrs. Arroyo signed the bill into law in front of several representatives of Congress and government employees in Plaridel town, Bulacan province. The CARP extension law allots P150 billion for land acquisition and distribution of 1.6 million hectares of public and private agricultural lands to more than one million farmer-beneficiaries for the next five years. -- report from ANC as of 08/07/2009 3:16 PM