Agra rian Reform

in the Philippines
Agrarian Condition in the
Philippines

For a long period of time, the agrarian system 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 the 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.
Concept of Agrarian Reform

“It means redistribution of lands,

regardless of crops or fruits produced,
to farmers and regular farmworkers
who are landless, irrespective of
tenurial arrangement”
 GOVERNING LAWS
 Sec. 4, Article XIII, 1987 Constitution “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 . . . ”

 PD No. 27, or the “Tenant Emancipation

Decree” “Decree emancipated tenant farmers of
private agricultural lands primarily devoted to
rice and corn”
Comprehensive Agrarian Reform
Law: Philippines
 The R.A 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 the Philippine.

 The law focused on industrialization in

philippines together with social justice.
 The Comprehensive Agrarian
Reform Law: Objectives
• The primary objective of instituting the Comprehensive
Agrarian Reform law was to successfully devise land
reform in Philippines.
• It was President Arroyo, who signed the Executive Order
No. 456 on 23rd August to rename the Department of
Land Reform as Department of Agrarian Reform.
• This had been done to expand the functional area of the
law.
• Apart from land reform, 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.
 Scope
The Comprehensive Agrarian Reform Law of 1988
shall cover, regardless of tenurial arrangement
and commodity produced, all public and private
agricultural lands as provided in Proclamation No.
131 and Executive Order No. 229, including other
lands of the public domain suitable for
agriculture.
Proclamation No. 131
“The state shall, by law, undertake an
agrarian reform founded on the right of
farmers and regular farmers, who are
landless, to own directly or collectively the
lands they till or, in the case of other farm
workers , to receive a just share of the fruits
thereof.”
RA No. 6657, or the “Comprehensive
Agrarian Reform Law of 1988” as
amended by RA 9700

“The State shall encourage and

undertake the just distribution of all
agricultural lands, subject to the
priorities and retention limits set forth
in the Act.”
CARP COVERAGE UNDER RA 6657 AS
AMENDED BY RA 9700

 (a) All alienable and disposable lands of the public

domain devoted to or suitable for agriculture.
 (b) All lands of the public domain in excess of the
specific limits as determined by Congress in the
preceding paragraph;
 (c) All other lands owned by the Government
devoted to or suitable for agriculture; and
 (d) All private lands devoted to or suitable for
agriculture regardless of the agricultural products
raised or that can be raised thereon.
Republic Act no. 9700
• AN ACT STRENGTHENING THE
COMPREHENSIVE AGRARIANREFORM
PROGRAM (CARP), EXTENDING THE
ACQUISITION AND DISTRIBUTION OF ALL
AGRICULTURAL LANDS,
INSTITUTINGNECESSARY REFORMS,
AMENDING FOR THE PURPOSE CERTAIN
PROVISIONS OF REPUBLIC ACT NO. 6657,
OTHERWISE KNOWN AS THE COMPREHENSIVE
AGRARIAN REFORM LAW OF 1988, AS
AMENDED, AND APPROPRIATING FUNDS
THEREFOR
 Schedule of Implementation

The distribution of all lands covered by

this Act shall be implemented immediately
and completed within ten (10) years from
the affectivity thereof.
 PROGRAM IMPLEMENTATION
• The Presidential Agrarian Reform Council
• Executive Committee
• Secretariat
• Provincial Agrarian Reform Coordinating
Committee (PARCCOM)
• Barangay Agrarian Reform Committee
(BARC)
DETERMINATION OF COMPENSATION
• The cost of acquisition of the land, the value of
the standing crop, 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, and 70% of the zonal
valuation of the BIR, translated into a basic
formula, by the DAR shall be considered.
• The LBP shall compensate the landowner in
such amounts as may be agreed upon by the
landowner and the DAR and the LBP, or as may
be finally determined by the court.
 Retention Limits
 To landowner, not to exceed five (5) hectares
 To each child, three (3) hectares, provided:

1. he is at least fifteen (15) years of age; and

2. he is actually tilling the land or directly
managing the farm.
• The right to choose the area to be retained,
which shall be compact or contiguous,
shall pertain to the landowner. •

• But if the area selected for retention by the

landowner is tenanted, the tenant shall
have the option to choose whether to
remain therein or be a beneficiary in the
same or other agricultural land with
similar or comparable features.
 Ancestral lands
 The right of indigenous cultural communities to
their ancestral lands shall be protected to ensure
their economic, social and cultural well-being. In
line with the principles of self-determination
and autonomy, the systems of land ownership,
land use, and the modes of settling land disputes
of all these communities must be recognized and
respected.
 But the Torrens System shall be respected.
 Exemptions and Exclusions
• Exemptions and Exclusions Lands actually, directly
and exclusively used and found to be necessary for:
1. national defense, school sites and campuses, etc.
2. church sites and convents appurtenant thereto;
3. penal colonies and penal farms;
4. government and private research and quarantine
centers; and
5. all lands with eighteen percent (18%) slope and
over.
Also excluded:
1. Lands converted to non-agricultural uses prior
to the effectivity of CARL
2. Farms used for raising livestock, poultry and
swine
3. Agricultural lands reclassified by LGU’s into
residential, commercial or industrial uses
4. Lands used for academic or educational
purposes
5. Homesteads
PROCEDURE FOR ACQUISTION OF
PRIVATE LANDSPRIVATE LANDS

 After having identified the land, the landowners

and the beneficiaries, the DAR shall send its notice
to acquire the land to the owners thereof;

 If the landowner accepts the offer of the DAR, the

Land Bank of the Philippines (LBP) shall pay the
landowner the purchase price of the land within
thirty (30) days after he executes and delivers a deed
of transfer in favor of the Government and
surrenders the Certificate of Title and other
monuments of title.
 SPECIAL AREAS OF CONCERN

• Logging and sequestered lands

Mining • Rural Women
concessions • Veterans and
• Sparsely Retirees
Occupied Public • Agriculture
Agricultural lands Graduates
• Idle, abandoned,
foreclosed and
 GENERAL PROVISIONS
• After the lapse of five (5) years from its
award, when (a) the land ceases to be
economically feasible and sound for
agricultural purposes, or
 GENERAL PROVISIONS

(b) the locality has become urbanized and the land

will have a greater economic value for residential,
commercial or industrial purposes, the DAR, upon
application of the beneficiary or the landowner,
with due notice to the affected parties, and subject
to existing laws, may authorize the reclassification
or conversion of the land and its disposition:
Provided, That the beneficiary shall have fully
paid his obligation.
 CONVERSION OF LANDS

After the lapse of five (5) years from its award, when
the land ceases to be economically feasible and sound
for agricultural purposes, or the locality has become
urbanized and the land will have a greater economic
value for residential, commercial or industrial
purposes, the DAR, upon application of the
beneficiary or the landowner with respect only to
his/her retained area which is tenanted, with due
notice to the affected parties, and subject to existing
laws, may authorize the reclassification or conversion
of the land and its disposition (except irrigated lands).
IMPROVEMENT OF TENURIAL AND
LABOR RELATIONS
• SEC. 12. Determination of Lease Rentals
Distribution of lands in public domain
• SEC. 12-A. Incentives
• SEC. 13. Production-Sharing Plan

REGISTRATIONS
Registration of Landowners
• Within one hundred eighty (180) days from the
effectivity of this Act
 QUALIFIED BENEFICIARIES
 The land shall be distributed to landless residents
of the same barangay, or in the absence thereof,
landless residents of the same municipality in the
following priority:

 Agricultural lessees and share tenants;

 Regular farmworkers;
 Seasonal farmworkers;
 Other farmworkers;
 Actual tillers or occupants of public lands;
 Collectives or cooperatives of the above
beneficiaries; and
 Others directly working on the land.
 AWARD TO BENEFICIARIES
 The rights and responsibilities of the beneficiaries
shall commence from their receipt of a duly
registered emancipation patent or certificate of land
ownership award and their actual physical
possession of the awarded land.

 The emancipation patents, the certificates of land

ownership award, and other titles issued under any
agrarian reform program shall be indefeasible and
imprescriptible after one (1) year from its
registration with the Office of the Registry of Deeds.
 Registration of Beneficiaries

The DAR in coordination with the

Barangay Agrarian Reform Committee
(BARC) as organized in this Act
 BARC CERTIFICATION
REQUIREMENT
 The Board or its Adjudicators shall not take
cognizance of any agrarian dispute unless a
certificate is presented from the Barangay
Agrarian Reform Council (BARC) except where

 Issue involves the valuation of land

 The parties reside in different barangays
 One party is a public or private corporation
 Issue merely involves the administrative
implementation of the agrarian reform law.
 ELEMENTS OF TENANCY
 Parties are the landowner and the tenant; •
 Subject matter is an agricultural land;
 There is consent between the parties to the
relationship;
Purpose is to bring about agricultural
production;
 There is personal cultivation on the part of the
tenant; and
The harvest is shared between the parties.
 CANCELLATION OF REGISTERED
PATENTS
All cases involving the cancellation of
registered emancipation patents,
certificates of land ownership award, and
other titles issued under any agrarian
reform program are within the exclusive
and original jurisdiction of the Secretary of
the DAR.
 TRANSFERABILITY OF AWARDED
LANDS
 Lands acquired by beneficiaries under the 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.

 But the children or the spouse of the transferor

shall have a right to repurchase the land from the
government or LBP within a period of two (2) years.
QUASI-JUDICIAL POWERS OF THE
DAR
• The DAR is vested with primary jurisdiction to
determine and adjudicate agrarian reform matters
and shall have exclusive original jurisdiction over all
matters 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).
• It shall not be bound by technical rules of procedure
or evidence.
 What is DAR?
• Department of Agrarian Reform is the lead
implementing agency of Comprehensive
Agrarian Reform Program(CARP). It undertakes
land tenure improvement anddevelopment of
program beneficiaries. DAR conductsland
survey in resettlement areas. It undertakes
landacquisition and distribution and land
management studies.The DAR also orchestrates
the delivery of support servicesto farmer-
beneficiaries and promotes the developmentof
viable agrarian reform communities.
The DAR logo shows the Departments acronym
representing the institution and itsrole as the lead
agency in the implementation of the Comprehensive
Agrarian ReformProgram (CARP).Green stands for
fertility and productivity while yellow represents hope
and a golden harvest of agrarian reform beneficiaries
who are the recipientsof the services provided by the
Department via CARP. Both colors imply that
economic growth and sound rural development can be
achieved throughagrarian reform.
 Mandate
The Department of Agrarian Reform (DAR)
leads the implementation of the Comprehensive
Agrarian Reform Program (CARP) through land
tenure improvement,agrarian justice, and
coordinated delivery of essential support services
to client-beneficiaries
 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

ownership and empowered agrarian reform
beneficiaries who are effectively managing their
economic and social development for a better
quality of life"
PRESENT SECRETARY OF DAR

John Castriciones
(born January 8, 1962)

 is a Filipino lawyer, public

servant and writer who
serves as the Secretary of
Agrarian Reform of
the Philippines since his
appointment by
President Rodrigo
Duterte on December 1,
2017..
 History of Agrarian Reform

Agrarian reform is a 100-year history of

unfinished reforms afterthe United States took over
the country from the Spaniards.Before the Hispanic
period, there were no owner-cultivators,only
communal land owned by the barangay which
consistedof a datu, freemen, serfs and slaves.
 The Spaniards replaced this traditional system of land
ownership,similar to existing systems among several
indigenous communitiestoday and distributed the land
(haciendas) to the Spanish military andthe clergy or
established encomiendas (administrative districts).

The 1935 Constitution addressed the issue of foreign

access toland, i.e. corporations must have at least 60%
Filipino ownership,and use-rights were limited in time.

Other reforms includedlimitations on interest rates on

loans and an increase in thesharecropping share from
50% to 70%.

But very little of theselaws were really followed in

practice and the Huk rebellion was born.
 Under the Magsaysay and the Macapagal
administrations, land reform was again tackled,
such as the Mindanao resettlementprogram and the
Land Reform Act of 1955. but no significantresults
were really achieved in terms of scope and
magnitudeof land transfer.

 With martial law, the whole Philippines was

declared a land reform area under PD 27.

 Significant progress was made, but the

continuedpractice of the share tenancy system,
coverage limitation to rice andcorn lands, the many
exemptions allowed and the shortcomings insupport
systems (although it was Marcos who set up the new
AgrarianReform Department) did much to limit the
effectivity of the reforms inaddressing the over-
concentration of wealth problem and rural poverty.
The CARP years since 1988
– for the first time the program covered allagriculture lands
regardless of crop and tenurial arrangements. Landdistribution
increased substantially

– about 7 million hectares withabout 4.2 million farmer

beneficiaries. But the total figures hidedisturbing
underperformances.

- and only about 1.5 million hectares of private agricultural

lands have been covered for an accomplishment rate of only
about 50% after twenty years.

- Moreover the lack of support services, funding and

infrastructure, is still prevalent. Of the original estimate of P220
billion to complete the program, only P203 billion have been
budgeted by Congress, of which only about P170 billion have
been released.
 While there is significant empirical evidence that
agrarian reformhas yielded significant benefits and
has the potential for evengreater benefits, the fact is
that it has encountered implementationproblems.

Regardless of the problems encountered by CARP,

the pointis that CARP is not the cause of the
continuing poverty northe obstacle to solving it.

On the contrary, completing CARPin accordance

with the mandate of the Constitution is anecessary
condition to correct social injustice, and
achievesound agricultural development and
economic growth.
 Of course, agrarian reform is not a panacea that will solve
allour problems.

Neither is education, nor health care, norindustrialization

nor clean elections, nor honest leadership.

The fact is that the path to growth with equity is a

complexprocess because we need all the programs working
togetherto succeed.I

n the final analysis, the future of CARP is a political

decisionof those in power with respect to two questions:

- How much reforms is the government willing to

implement?
- How much resources is government willing to devote to
such reforms?