AL-SL REPORTING

COMPREHENSIVE AGRARIAN REFORM

Members:
Baligod, Kimberly
Macarambon, Sitty
Manzano, Gerie Rose
Pacis, Jeca
Sibug, Lorenzo
Velasco, Austine
Zaballa, Samantha

Good evening Atty. Fabella and 2F, tonight our group will discuss about Republic
Act No. 6657 or the Comprehensive Agrarian Reform Law of 1988
Before dwelling to what the law is all about, I would like to introduce a short
background of R.A. No. 6657
Let us take a first look on Agrarian Reform
AGRARIAN REFORM

What is the History of Agrarian Reform?

 The Agrarian Reform started way back during the Pre-Spanish Period, then to
the Spanish period, the First Philippine Republic, American period, where
the Torrens system was first introduced, then the Commonwealth period,
where President Manuel L. Quezon espoused the “Social Justice” program,
then the Japanese Occupation, then the Philippine Republic.
Regarding the principle that goverened during the old times, there is the concept
of Jura Regalia

What is Jura Regalia?

 Refers to the feudal principle that private title to land must emanate, directly or
indirectly, from the Spanish crown with the latter retaining the underlying title.

Lands and resources not granted by the Crown remain part of the public domain
over which none but the sovereign holds rights.

In a broad sense, it is about royal rights, or those rights to which the King
has by virtue of his prerogatives.

Now let us distinguish Land Reform from Agrarian Reform

What is the difference between Land Reform and Agrarian Reform?

 Land Reform refers to the full range of measures that may or should be taken to
improve or remedy that defects in the relations among men with respect to
their rights in land.
 Process of redistributing land from the landlords to tenant-farmers for
them to be given a chance to own a piece of land to improve their plight

 Agrarian Reform embraces full range of measures designed to improve the

relationship between landowner and stockholders, cooperatives and members,
and other farmers’ organizations, this includes, their economic, social, and
political relations with the community and the government.
 So basically, it involves the ratification of the whole system of agriculture
 Not only it includes land reform but it also should pave way into improving
the livelihood of the farmers and farworkers and into having a harmonous
relationship between the landowner and the farmers.
 The raw materials produced by the farmers should also benefit them
The first land reform measure in the PH

What is the first land reform measure enacted in the Philippines?

 The land reform measures were both developmental and redistributive.

 When we say developmental reform it involves the distribution of alienable and
disposable public agricultural lands, while redistributive refers to the
redistribution of private agricultural lands and regulation of tenacy in private
lands.
 the Friars Land Act of 1902, was implemented in response to the growing
insurgency problems caused by the excesses of the friars who controlled most
agricultural estates.

CARP
Let us now proceed to the Comprehensive Agrarian Reform Program
Land Reform is one of the most complicated laws to enact in the Philippines, with
long standing struggle between farmers and landowners

Land Reform, as the transfer of land ownership from large holders to small or
from non-tillers to tillers, is an immense task, but land reform alone guarantees
most rural societies neither subsistence, nor equity, nor growth, nor progress
toward modernity.

In order to sustain itself and to achieve these values, land reform must be
accompanied by agrarian reform.

Land and tenancy relations are central issues in Philippine agriculture. It is widely
viewed that the historical distortions in the allocation of land resources in the
country have cause unfairness in landownership and tenancy relations in
agriculture areas and led to the underperformance of the rural economy.

Land reform has been the main strategy of government to address these
distortions, that is why the CARP was created.

What is the Comprehensive Agrarian Reform Program (CARP)?

 It is the redistribution of public and private agricultural lands to farmers and
farmworkers who are landless, irrespective of tenurial arrangement.
The timeline of CARP

What is the timeline of the Comprehensive Agrarian Reform Program?

The Comprehensive Agrarian Reform Program (CARP) was introduced almost

three decades ago with the approval of Republic Act 6657, also known as the
Comprehensive Agrarian Reform Law of 1988. The program is an expanded
version of previous land reform programs in the country beginning in the mid-
1930s.

However, while postwar land reform was largely developmental program, CARL is
centered on the redistributive program.

 On July 22, 1987, President Cory Aquino issued Proclamation No. 131 which
instituted the CARP and EO No. 229 which provided the mechanisms for the
implementation of CARP.
 On June 1988, the Congress enacted RA 6657 or the Comprehensive Agrarian
Reform Law which became the governing law of agrarian reform in the country.
Under RA 6657, CARP was supposed to be implemented only for 10 years or
until 1998.

 On February 1998, RA 8352 was enacted to extend the implementation of

CARP until 2009.
 On August 2008, RA 9700 was enacted and extended the implementation of
CARP to 2014. On June 2014, the implementation of CARP ended.

What is the agrarian reform program founded on?

 It is founded on the right of farmers and regular farmworkers, 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.

What is flashed on the screen are the obligations of the State:

What are the obligations of the State?

a. The State shall recognize the right of farmers, farmworkers and landowners, as well
as cooperatives and other independent farmers' organizations, to participate in the
planning, organization, and management of the program, and shall provide support to
agriculture through appropriate technology and research, and adequate financial
production, marketing and other support services.

b. The State shall apply the principles of agrarian reform, or stewardship, whenever
applicable, in accordance with law, in the disposition or utilization of other natural
resources, including lands of the public domain, under lease or concession, suitable to
agriculture, subject to prior rights, homestead rights of small settlers and the rights of
indigenous communities to their ancestral lands.

c. The State may settle landless farmers and farmworkers in its own agricultural
estates, which shall be distributed to them in the manner provided by law.

d. The State shall protect the rights of subsistence fishermen, especially of local
communities, to the preferential use of communal marine and fishing resources, both
inland and offshore.

e. The State shall be guided by the principles that land has a social function and land
ownership has a social responsibility

f. The State shall provide incentives to landowners to invest the proceeds of the
agrarian reform program to promote industrialization, employment and privatization of
public sector enterprises.

g. The State may lease undeveloped lands of the public domain to qualified entities for
the development of capital intensive farms, and traditional and pioneering crops
especially those for exports subject to the prior rights of the beneficiaries under this Act.

What are the key objectives of CARP?

a. Equity: to enable participation of the large population of the country in nation building
by giving them the control over the country’s land

b. Capability: to develop the capability of the farmers by not just giving them lands but
also providing for support services

c. Sustainability: to adopt an ecosystem and stakeholders approach to agrarian reform

Let us now proceed to the Definition of Terms

DEFINITIONS

What is Agrarian Reform?

 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.
What is an agricultural land?

 It refers to land devoted to agricultural activity as defined in this Act and not
classified as mineral, forest, residential, commercial or industrial land.

What is an agrarian dispute?

a. any controversy relating to tenurial arrangements, whether leasehold, tenancy,

stewardship or otherwise, over lands devoted to agriculture, including disputes
concerning farmworkers' associations or representation of persons in negotiating, fixing,
maintaining, changing, or seeking to arrange terms or conditions of such tenurial
arrangements

b. any controversy relating to compensation of lands acquired under this Act and other
terms and conditions of transfer of ownership from landowners to farmworkers, tenants
and other agrarian reform beneficiaries, whether the disputants stand in the proximate
relation of farm operator and beneficiary, landowner and tenant, or lessor and lessee.

What is an idle or abandoned land?

 It refers to any agricultural land not cultivated, tilled or developed to

produce any crop nor devoted to any specific economic purpose
continuously for a period of three (3) years immediately prior to the
receipt of notice of acquisition by the government, but does not include
land that has become permanently or regularly devoted to non-agricultural
purposes. It does not include land which has become unproductive by
reason of force majeure or any other fortuitous event, provided that prior to
such event, such land was previously used for agricultural or other economic
purpose (Section 3(e), RA 6657).

Who is a farmer?

 Refers to a natural person whose primary livelihood is cultivation of land or the

production of agricultural crops, either by himself, or primarily with the assistance
of his immediate farm household, whether the land is owned by him, or by
another person under a leasehold or share tenancy agreement or arrangement
with the owner thereof.

Who is a farmworker?

 A natural person who renders services for value as an employee or laborer in an

agricultural enterprise or farm regardless of whether his compensation is paid on
a daily, weekly, monthly or "pakyaw" basis.
What are the types of farmworkers?

a. Regular farmworkers: a natural person who is employed on a permanent bases by an

agricultural enterprise or farm

b. Seasonal farmworkers: a natural person who is employed on a recurrent, periodic or

intermittent basis by an agricultural enterprise or farm, whether as a permanent or a
non-permanent laborer, such as “dumaan”, “sacada” and the like.

c. Other farmworkers: a farmworker who does not fall within the definition of a
farmworker, regular farmworker or a seasonal farmworker.

Who is a landless beneficiary?

 One who owns less than three hectares of agricultural land

CHAPTER II: COVERAGE

Let us now proceed to the Coverage

Short overview of the coverage:

The coverage of CARP was expanded from primarily rice and corn lands to all
agricultural lands; target beneficiaries include both tenants and farmworkers; and
the retention limits on landownership of agricultural lands were set at a lower
landownership ceiling of 5 hectares and support services to agrarian reform
beneficiaries were made an integral component of CARP.

What are lands covered under CARP?

 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.

More specifically:

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.
d. All private lands devoted to or suitable for agriculture regardless of the
agricultural products raised or that can be raised thereon.
What are the Retention Limits?

 No person may own or retain, directly or indirectly, any public or private

agricultural land, the size of which shall vary according to factors governing a
viable family-size farm, such as commodity produced, terrain, infrastructure, and
soil fertility as determined by the Presidential Agrarian Reform Council (PARC)
created hereunder, but in no case shall retention by the landowner exceed five
(5) hectares.
 So basically, CARL further lowered the ceiling on land ownership of
agriculture lands to 5 hectares and allowed additional 3 hectares for each
heir.

What are the qualifications that may be rewarded to each child of the landowner?

Three hectares may be awarded but with the following qualifications.

a. That he is at least fifteen (15) years of age.

b. That he is actually tilling the land or directly managing the farm.

What are the exceptions to the retention limit?

The following are exempted to the retention limit:

a. Landowners whose lands have been covered by PD 27

b. Original homestead grantees or their direct compulsory heirs who still own the
original homestead
c. 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.