You are on page 1of 40

For a long period of time, the agrariansystem of
Philippines was being controlled by the large
landlords. The small farmers in Philippines were
struggling for their rights to land and other
natural resources.

Implementation of Agrarian Reform in Philippines
The implementation of Agrarian reforms proceeded
at a very slow pace. This was due to the lack of
political will. The redistribution of land was also very slow.

Comprehensive Agrarian Reform Law: Philippines
The Republic Act No. 6657, alternatively called the
Comprehensive Agrarian Reform Law was signed by
President Corazon C. Aquino on 10th June, 1988.
The Comprehensive Agrarian Reform Law is responsible
for the implementation of the Comprehensive Agrarian
Reform Program(CARP) in Philippines. The law focused
on industrialization in Philippines together with social justice.

456 on 23rd August to rename the Department of Land Reform as Department of Agrarian Reform. who signed the Executive Order No.The Comprehensive Agrarian Reform Law: Objectives The primary objective of instituting the Comprehensive Agrarian Reform law was to successfully devise land reform in Philippines. This had been done to expand the functional area of the law. It was President Arroyo. the Department of Agrarian Reform began to supervise other allied activities to improve the economic and social status of the beneficiaries of land reform in Philippines. Apart from land reform. .

HOME . is a Philippine state policy that ensures and promotes welfare of landless farmers and farm workers.CARP Meaning Comprehensive Agrarian Reform Program of 1988. as well as elevation of social justice and equity among rural areas. also known as CARP.

only communal land owned by the barangay whichconsisted of a datu. there were noowner-cultivators. Before the Hispanic period. . freemen. serfs andslaves.Agrarian reform is a 100-year history of unfinished reformsafter the United States took over the country from the Spaniards.

i. Other reforms included limitations on interest rates on loans and an increase in the sharecropping share from 50% to 70%. corporations must have at least 60% Filipino ownership. . But very littleof these laws were really followed inpractice and the Huk rebellion was born. similar to existing systems among several indigenous communities today and distributed the land (haciendas) to the Spanish military and the clergy or established encomiendas (administrativedistricts). The 1935 Constitution addressed the issue of foreign access to land.The Spaniards replaced this traditional system of land ownership.e. and use-rights were limited in time.

the whole Philippines was declared a land reform area under PD27. With martial law. the many exemptions allowed and the shortcomings in support systems (although it was Marcos who set up the new Agrarian Reform Department) did much to limit the effectivity of the reforms in addressing the over-concentration of wealth problem and ruralpoverty. but the continued practice of the share tenancy system. Significant progress was made.Under the Magsaysay and the Macapagal administrations. land reform was again tackled. coverage limitation to rice and corn lands. such as the Mindanao resettlement program and the Land Reform Act of 1955. . but no significant results were really achieved in terms of scope and magnitude of land transfer.

Moreover the lack of support services. HOME . But the total figures hide disturbing underperformances. and only about 1. is still prevalent. Land distribution increased substantially – about 7 million hectares with about 4. . Of theoriginal estimate of P220 billion tocomplete the program.2 million farmer beneficiaries.5 million hectares ofprivate agricultural lands have been covered for an accomplishment rate of only about 50% after twenty years.The CARPyears since 1988 – for the first time the program coveredall agriculture lands regardless of crop and tenurial arrangements. of which onlyabout P170 billion have been released. only P203 billion have been budgeted by Congress. funding and infrastructure. .

thepoint is that CARPis not the cause of the continuing poverty nor the obstacle to solving it. and achieve sound agricultural development and economic growth. On the contrary.While there is significant empirical evidence that agrarian reform has yielded significant benefits and has the potential for even greater benefits. the fact is that it has encountered implementation problems. completing CARP in accordance with the mandate of the Constitution is a necessary condition to correct social injustice. Regardless of the problems encountered by CARP. .

Neither is education.Of course. nor honestleadership. the future of CARPis a political decision of those in power with respect to two questions: . nor health care. In the final analysis.How much resources is government willing to devote to such reforms? HOME . agrarian reform is not a panacea that willsolve all our problems. The fact is that the path to growth with equity is a complex process because we need all the programs working together to succeed. nor industrialization nor clean elections.How much reforms is the government willing to implement? .

Department of Agrarian Reform is the leadimplementing agency of Comprehensive Agrarian Reform Program (CARP). . DARconducts land survey in resettlement areas. The DARalso orchestrates the delivery of support services to farmer-beneficiaries and promotes the development of viable agrarian reform communities. It undertakes land tenure improvement and development of program beneficiaries. It undertakesland acquisition and distribution and land management studies.

. Both colors imply that economic growth and sound rural development can be achieved through agrarian reform.The DAR logo shows the Department's acronym representing the institution and its role as the lead agency in the implementation of the Comprehensive Agrarian Reform Program (CARP). Green stands for fertility and productivity while yellow represents hope and a golden harvest of agrarian reform beneficiaries who are the recipients of the services provided by the Department via CARP.

M andate The Department of Agrarian Reform (DAR)leads the implementation of the Comprehensive AgrarianReform Program (CARP) through land tenureimprovement. . and coordinated delivery of essentialsupport services to client-beneficiaries. agrarian justice.

. Mission "To lead in the implementation of agrarian reform and sustainable rural development in the countryside through land tenure improvement and provision of integrated development services to landless farmers. farmworkers and small landowner-cultivators. and the delivery of agrarian justice".

Vision "A nation where there is equitable land ownershipand empowered agrarian reform beneficiaries who are effectively managing their economic and social development for a better quality of life" .

Secretary Virgilio de los Reyes was Vice-Dean of the College of Law of the De La Salle University inManila.Present Secretary of DAR Prior to his official appointmentas Agrarian Reform Secretary last 30 June 2010. HOME .

OTHERWISE KNOWN AS THE COMPREHENSIVE AGRARIANREFORM LAW OF 1988. EXTENDING THE ACQUISITION AND DISTRIBUTION OF ALLAGRICULTURAL LANDS. AMENDING FOR THE PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 6657. AND APPROPRIATING FUNDS THEREFOR . AN ACT STRENGTHENING THE COMPREHENSIVE AGRARIAN REFORM PROGRAM(CARP). AS AMENDED. INSTITUTING NECESSARY REFORMS.

and the establishment of owner cultivatorship ofeconomic-size farms as the basis of Philippine agriculture. "The State recognizes that there is not enough agricultural land to be divided and distributed to each farmer and regular farmworker so that each one can own his/her economic-size family farm.It is the policy of the State to pursue a Comprehensive Agrarian Reform Program (CARP). . "The State shall promote industrialization and full employment basedon sound agricultural development and agrarian reform. 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. SECTION 1 Declaration of Principles and Policies. .

"The State shall recognize the right of farmers. farmworkers and landowners. that the farmers shallhave greater control of farmgate prices. who are landless. "The agrarian reform program is founded on the right of farmers and regular farmworkers. with due regard to the rights of landowners to justcompensation. in the case of other farmworkers. to participate in the planning. and easier access to credit. to own directly or collectively the lands they till or. among others. organization. to receive a just share of the fruits thereof. . as well as cooperatives and other independent farmers’ organizations. and management of the program. the implementation of the program shall be community-based to assure."A more equitable distribution and ownership of land. "As much as practicable.

the State shall encourage the formationand maintenance of economic-size family farms to be constituted by individual beneficiaries and small landowners. taking into consideration the substantive equality between men and women as qualified beneficiaries. in the disposition or utilization of other natural resources. consistent with existing laws. or stewardship. "The State may resettle landless farmers and farm workers in its ownagricultural estates. therights of rural women to own and control land. in accordance with law. which shall be distributed to them in the manner provided by law. whenever applicable."The State shall recognize and enforce. "By means of appropriate incentives. . "The State shall apply the principles of agrarian reform.

Owners of agricultural land have the obligation to cultivate directly or through labor administration the lands they own and thereby make the land productive. "The State may lease undeveloped lands of the public domain to qualified entities for the development of capital-intensive farms. especially of local communities. adequate financial. to the preferential use of communal marine and fishing resources. "The State shall be guided by the principles that land has a social functionand land ownership has a social responsibility."The State shall protect the rights of subsistence fishermen. "The State shall provide incentives to landowners to invest the proceeds of the agrarian reform program to promote industrialization. both inland and offshore. and traditional and pioneering crops especially those for exports subject to the prior rights of the beneficiaries under this Act. productionand marketing assistance and other services." . employment and privatization of public sectorenterprises. It shall provide support to such fishermen through appropriate technology and research.

or primarily with the assistance of his/her immediate farm household." . livestock and/or fisheries either by himself/herself. or by another person under a leasehold or share tenancy agreement or arrangement with the owner thereof. . SECTION 2 Definitions. whether paid or unpaid. whetherthe land is owned by him/her. regular or seasonal. caring for the children. and other similar activities. Rural women refer to women who are engaged directly or indirectly in farming and/or fishing as their source of livelihood. or in food preparation. managing the household.Farmer refers to a natural person whose primary livelihood is cultivation of land or the production of agricultural crops.

including other lands of the public domain suitable for agriculture. "More specifically. SECTION 3 Scope. . "(c) All other lands owned by the Government devoted to or suitable for agriculture. 229. regardless of tenurial arrangement and commodity produced. "(d) All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raisedthereon. "(b) All lands of the public domain in excess of the specific limits as determined by Congress in the preceding paragraph. all public and private agricultural lands as provided in Proclamation No. . 131 and Executive OrderNo. the following lands are covered by the CARP: "(a) All alienable and disposable lands of the public domain devoted to or suitable for agriculture.The Comprehensive Agrarian Reform Law of 1988 shall cover.

That lands subject to CARPshall first undergo the land acquisitionand distribution process of the program: Provided. Provided. consistent with the approved local comprehensive land use plan.Provincial. the agrarian reform beneficiariestherein shall be paid just compensation. public markets. school sites. such as roads and bridges. further. SECTION 4 Exception to Retention Limits. direct and exclusive public purposes. public parks and barangay plazas or squares. That when these lands have been subjected to expropriation." . city and municipal government . .units acquiring private agricultural lands by expropriation or other modes of acquisition to be used for actual. shall not be subject to the five (5)-hectare retention limit. local government facilities. resettlement sites.

the DARshall submit a comprehensive study on the land size appropriate for each type of crop to Congress for a possible review of limits of land sizes provided in this Act." .Within six (6) months from the effectivity of this Act.Review of Limits of Land Size. .

to own directly or collectively the lands they till. who are landless. SECTION 5 Priorities. . in coordination with thePresidential Agrarian Reform Council (PARC)shall plan and program the final acquisition and distribution of all remaining unacquired and undistributed agricultural lands from the effectivity of this Act until June 30. 2014.The DAR. 2008. "Phase Two: (a) Lands twenty-four (24) hectares up to fifty (50) hectaresshall likewise be covered for purposes of agrarian reform upon the effectivity of this Act. Lands shall be acquired and distributed asfollows: "Phase One: During the five (5)-year extension period hereafter all remaining lands above fifty (50) hectares shall be covered for purposes of agrarianreform upon the effectivity of thisAct. . which have already been subjected to a notice of coverage issued on or before December 1O. to implement principally the rights of farmers and regular farmworkers.

in coordination with thePresidential Agrarian Reform Council (PARC)shall plan and program the final acquisition and distribution of all remaining unacquired and undistributed agricultural lands from the effectivity of this Act until June 30. "Phase Three: All other private agricultural lands commencing with large landholdings and proceeding to medium and small landholdings underthe following schedule: . . Lands shall be acquired and distributed asfollows: "Phase One: During the five (5)-year extension period hereafter all remaining lands above fifty (50) hectares shall be covered for purposes of agrarian reform upon the effectivity of this Act. to implement principally the rights of farmers and regular farmworkers. 2008. SECTION 5 Priorities. which have already been subjected to a notice of coverage issued on or before December 1O.who are landless. 2014. "Phase Two: Lands twenty-four (24) hectares up to fifty (50) hectares shall likewisebe covered for purposes of agrarian reform upon the effectivity of this Act. to own directly or collectively the lands they till.The DAR.

. its nature. subject to the final decision of the proper court. SECTION 6 Procedure for Acquisition and Distribution of Private Lands SECTION 7 Determination of Just Compensation. the tax declarations. the current: value of like properties. the assessment made bygovernment assessors. the sworn valuation by the owner. actual use and income.In determining just compensation. . the value of the standing crop. the cost of acquisition of the land. translated into a basic formula by the DARshall be considered.

.A landholding of a landowner shall be distributed first to qualified beneficiaries of that same landholding up to a maximum of three (3) hectares each. Such award shall be completed in not more than one hundred eighty (180) days from the date of registration of the title in the name of the Republic of the Philippines. Only when these beneficiaries have all received three (3) hectares each. "All cases involving the cancellation of registered emancipation patents. and other titles issued under any agrarian reform program are within the exclusive and original jurisdiction of the Secretary of the DAR. certificates of land ownership award.The rights and responsibilities of the beneficiaries shall commence from their receipt ofa duly registered emancipation patent or certificate of land ownership award and their actual physical possession of the awarded land. SECTION 9 Award to Beneficiaries. SECTION 8 Order of Priority." . . if any. be distributed to other beneficiaries. shall the remaining portion of the landholding.

. SECTION 10 Award Ceilings for Beneficiaries. SECTION 11 Payment by Beneficiaries. .Lands awarded pursuant to this Act shall be paidfor by the beneficiaries to the LBPin thirty (30) annual amortizations at six percent (6%) interest per annum. However. if the occupancy took place after the certificate of land ownership award registration. which may cover a contiguous tract of land or several parcels of land cumulated up to the prescribed award limits. The annual amortization shall start one (1) year from the date of the certificate of land ownership award registration. The payments for the first three (3) years after the award shall be at reduced amounts as established by the PARC: .Beneficiaries shall be awarded an areanot exceeding three (3) hectares. the amortization shall start one (1) year from actual occupancy.

at least forty percent (40%) of all appropriations for agrarian reform during the five (5) year extension period shall be immediately set aside and made available for this purpose: Provided. .In order to cover the expenses and cost of support services. transferred or conveyed except through hereditary succession. or to the government. SECTION 13 Funding for Support Services. . That the DARshall pursue integrated land acquisition and distribution and support services strategy requiring a plan to be developed parallel to the land acquisition and distribution process. . SECTION 12 Transferability of Awarded Lands.Lands acquired by beneficiaries under this Act or other agrarian reform laws shall not be sold.

marketing facilities and technology. .The State shall adopt the integrated policy of support services delivery to agrarian reform beneficiaries. Tothis end. and equal treatment in land reform and resettlement schemes.Support services shall be extended equally to women and men agrarian reformbeneficiaries. the DAR. . the Department of Finance. Tothis effect. rural women are entitled to self- organization in order to obtain equal access to economic opportunities and to have access to agricultural credit and loans. "The PARCshall also ensure that rural women will be able to participate in all community activities. SECTION 15 Equal Support Services for Rural Women. and theBangko Sentral ng Pilipinas (BSP) shall institute reforms to liberalize access to credit by agrarian reform beneficiaries. SECTION 14 Support Services for the Agrarian Reform Beneficiaries. . and other support services.

"(c) Marketing of agrarian reform bonds. as well as promoting the marketabilityof said bonds in traditional and non-traditional financial markets and stockexchanges: "(d) Other services designed t o utilize productively the proceeds of the sale of such lands for rural industrialization.The PARC. financial and counseling assistance. particularly investment information on government-owned and/or -controlled corporations and disposable assets of the government in pursuit of national industrialization and economic independence: "(b) Facilities. SECTION 16 Support Services for Landowners.with the assistance of such other government agencies and instrumentalities as it may direct. . shall provide landowners affected by the CARPand prior agrarian reform programswith the following services: "(a) Investment information. programs and schemes for the conversion or exchange of bonds issued for payment of the lands acquired with stocks and bonds issued bythe National Government. . the BSPand other government institutions andinstrumentalities.

Administrator. Environment and Natural Resources. (2) each from Luzon. Interior and Local Government. Administrator. Visayas and Mindanao. the Secretary of Agrarian Reform as Vice-Chairperson and the following as members: Secretaries of the Departments of Agriculture. further. Director-General of the National Economic and Development Authority. National Irrigation Administration. Public Works and Highways. . (6) representatives of agrarian reform beneficiaries. SECTION 17 The Presidential Agrarian Reform Council.The Presidential Agrarian Reform Council (PARC)shall be composed of the President of the Philippines as Chairperson. Finance. Budget and Management. That at least twenty percent (20%) of the members of the PARCshall be women but in no case shall they be less than (2). . finally. Land Bank of the Philippines. That at least (1) of them shall be from the indigenous peoples: Provided. That at least (1)of them shall come from a duly recognized national organization of rural women or a national organization of agrarian reform beneficiaries with a substantial number of women members: Provided. President. and Labor and Employment. Trade and Industry. and (6) representatives of affected landowners to represent Luzon. Land Registration Authority. Visayas and Mindanao: Provided.

. administer oaths.The DARis hereby vested with primary jurisdiction to determine and adjudicate agrarian reformmatters and shall have exclusive original jurisdiction over all matters involving the implementation of agrarian reform. . "It shall have the power tosummon witnesses. require submission of reports. take testimony. except those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and theDENR. and subpoena duces tecum and to enforce its writs through sheriffs or other duly deputized officers. compel the production of books and documents and answers to interrogatories and issue subpoena. SECTION 18 Quasi-Judicial Powers of the DAR. It shall likewise have the power to punish direct and indirect contempts in the same manner and subject to the same penalties as provided in the Rules of Court.

SECTION 20 No Restraining Order or Preliminary Injunction. the case shall be automatically referred by the judge or the prosecutor to the DARwhich shall determine and certify within fifteen (15) days from referral whether an agrarian dispute exists. necessary to. dispute or controversy arising from. enforcement.No court or prosecutor's office shall take cognizance of cases pertaining to the implementation of the CARPexcept those provided under Section 57 of Republic Act No. If there is an allegation from any of the parties that the case is agrarian in nature and one of the parties is a farmer. implementation. or tenant. -Except for the Supreme Court. no court in the Philippines shall have jurisdiction to issue any restraining order or writ of preliminary injunction against the PARC. as amended.the DAR. SECTION 19 Exclusive Jurisdiction on Agrarian Dispute. farmworker." . or in connection with the application. or interpretation of this Act and other pertinent laws on agrarian reform. 6657. . or any of its duly authorized or designated agencies in any case.

.000.The amount needed to further implement the CARPas provided in this Act. when the land ceases to be economically feasible and sound for agricultural purposes. SECTION 22 Conversionof Lands.000. .After the lapse of five (5) years from its award. . commercial or industrial purposes. 8532 and other pertinent laws. upon expiration of funding under Republic Act No. and subject to existing laws. upon application of the beneficiary or the landowner with respect only to his/her retained area which is tenanted. the DAR. until June 30. shall be funded from the Agrarian Reform Fund and other funding sources in the amount of at least One hundred fifty billion pesos (P150. 2014. may authorize the reclassification or conversion of the land and its disposition. SECTION 21 Funding Source.000. with due notice to the affected parties.00). or the locality has become urbanized and the land will have a greater economic value for residential.

municipal trial courts. SECTION 23 Immunity of Government Agencies from Undue Interference." HOME . municipal circuit trial courts.and the Department of Justice in their implementation of the program. . prohibition or mandamus shall be issued by the regional trial courts. the DA.In cases falling within their jurisdiction. no injunction. restraining order. the DENR. and metropolitan trial courts against the DAR.