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Emancipation of Tenants

(Presidential Decree No. 27)


Introduction
 President Marcos issued Presidential Decree No. 27 declaring the entire
Philippines as land reform area. It is the first most ever comprehensive ever
attempted in the country despite the fact that it only covered rice and corn
farmlands. Possession of more than seven hectares were to be purchased and
parceled out to individual tenants, three hectares shall be given if the land is
irrigated and five hectares if not irrigated to the tenants. The tenants however,
would then pay off the value of the land for a period of 15 years.
Sharecroppers with holdings of less than seven hectares were to converted to
leaseholders who will pay fixed rates.
Introduction
 Government record showed that in 1981 there were more than
530,000 tenant-farmers who were finally granted ownership of
agrarian lands. Many of them were also extended credit lines from
different banks for short and long-term loans to further finance
their agricultural needs and accessories. The systematic
conversion of the huge idle lands into massive agricultural or
agrarian lands had produced abundant supplies of grain, corn,
sugarcane, tobacco, and other prime crops (Bernardo, 1998).
Intended Learning Outcomes

 After having gone through lesson, the student will


be able to:
1. Narrate the prevailing problems in land ownership
prior to the enactmentPresidential Decree No. 27;
and
2. Discuss some loopholes of Presidential Decree No.
27.
Salient Features of Presidential Decree No. 27

 The decree provides that tenant-farmers in all private


agricultural lands primarily devoted to rice and corn were
deemed owners of the lands they were tilling. A family-
size farm of five (5) hectares if not irrigated and three (3)
hectares if not irrigated shall be given. The total cost of
the land, including interest at the rate of six (6) per
centum per annum, shall be paid by the tenant in fifteen
(15) years of fifteen (15) equal annual amortizations;
Article 7. Statement of objectives
 Inasmuch as the old concept of land ownership by a few
has spawned valid and legitimate grievances that gave rise
to violent conflict and social tension and the redress of such
legitimate grievances being one of the fundamental
objectives of the New Society, it has become imperative to
start reformation with the emancipation of the tiller of the
soil from his bondage.
Article 8. Transfer of Lands to Tenant-Workers

 Being a vital part of the labor force, tenant-farmers on private


agricultural lands primarily devoted to rice and corn under a
system of share crop or lease tenancy whether classified as
landed estate or not shall be deemed owner of a portion
constituting a family-size farm of five (5) hectares, if not
irrigated and three (3) hectares, if irrigated.In all cases, the land
owner may retain a n area of not more than seven (7) hectares if
such landowner is cultivating such area or will now cultivate it.
Article 9. Determination of Land Value
 Determination of land value. - For the purpose of determining the
cost of the land to be transferred to the tenant-farmer, the value of
the land shall be equivalent to two and one-half (2-1/2) times the
average harvest of three (3) normal crop years immediately
preceding the promulgation of Presidential Decree No. 27 on
October 21, 1972.

 Inall cases, the land owner may retain a n area of not more than
seven (7) hectares if such landowner is cultivating such area or will
now cultivate it.
In case of default, the amortization due shall be paid
by the farmers' cooperative in which the defaulting
tenant-farmer is a member, with the cooperative
having a right of recourse against him. The
government shall guarantee such amortizations with
shares of stock in government owned and
government-controlled corporations
Article 10. Conditions of Ownership

No
 title to the land acquired by the tenant-farmer under Presidential
Decree No. 27 shall be actually issued to him unless and until he has
become a full-fledged member of a duly recognized farmers'
cooperative.
Title to the land acquired pursuant to Presidential Decree No. 27 or

the Land Reform Program of the Government shall not be
transferable except by hereditary succession or to the Government in
accordance with the provisions of Presidential Decree No. 27, the
Code of Agrarian Reforms and other existing laws and regulations.
Article 11. Implementing Agency

The Department of Agrarian Reform


shall promulgate the necessary rules and
regulations to implement the provisions
of this Chapter.
Lands Covered by the Decree
This shall apply to tenant farmers of private
agricultural lands primarily devoted to rice and
corn under a system of sharecrop or lease-
tenancy, whether classified as landed estate or
not.
Size of Land Awarded to Tenant-Farmer

The tenant farmer, whether in land classified as landed


estate or not, shall be deemed owner of a portion
constituting a family-size farm of five (5) hectares if not
irrigated and three (3) hectares if irrigated;
In all cases, the landowner may retain an area of not more
than seven (7) hectares if such landowner is cultivating
such area or will now cultivate it.
Cost of the Land
 For the purpose of determining the cost of the land to be transferred to the
tenant-farmer pursuant to this Decree, the value of the land shall be
equivalent to two and one-half (2 1/2) times the average harvest of three
normal crop years immediately preceding the promulgation of this Decree.
 The total cost of the land, including interest at the rate of six (6) per
centumper annum, shall be paid by the tenant in fifteen (15) years of
fifteen (15) equalannual amortizations;
 In case of default, the amortization due shall be paid by the farmers'
cooperativein which the defaulting tenant-farmer is a member, with the
cooperative having aright of recourse against him.
Conditions before the Awarding

 No title to the land owned by the tenant-farmers


under this Decree shall be actually issued to a
tenant-farmer unless and until the tenant-farmer
has become a full-fledged member of a duly
recognized farmers' cooperative.
Transferability of the Land

 Title to land acquired pursuant to this Decree or the Land Reform Program of the
Government shall not be transferable except by hereditary succession of to the
Government in accordance with the provisions of this Decree, the Code of
Agrarian Reforms and other existing laws and regulations;
Some Flaws of Presidential Decree No. 27

 Decree No. 27, these are: 1. Only lands used for farm production by
1972 were covered by the program.Thus, those areas which were
placed under cultivation from 1973 onwardswere exempted from the
law.
 2. The retention ceiling of seven hectares was still high compared to
that of other East Asian countries which successfully undertook land
reform. For instance, Taiwan pegged the ceiling to three hectares.
 3.Landlords were allowed to retain seven hectares while Japan and
South Korea imposed zero retention for absentee landlords.
4. Only rice and corn lands were subjected to the
redistributive measure despite the fact that land
distribution in other crops (e.g., sugar and coconut) was
highly unequal as those prevailing in the staple crops
sector. This severely limited scope/coverage of the
program.
5. And the cumbersome process of obtaining land proved
to be a major obstaclein the rapid implementation of
Presidential Decree No. 27.
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