Agrarian Reform Program (opinion)

Mahinay, Jenny Lyn O. Law 105 B - Legal Research

Thesis Statement: Comprehensive Agrarian Reform Program: Transferability of awarded land in terms of selling should not be allowed for at least thirty (30) years, instead of just ten (10) years.

With the aim to promote a social justice and industrialization, the government enacted the Comprehensive Agrarian Reform Program (CARP). It is an agrarian reform law of the Philippines whose legal basis is the Republic Act No. 6657.[1] CARP or RA 6657 is the redistribution of public and private agricultural lands to farmers and farmworkers who are landless, irrespective of tenurial arrangement. CARP’s vision is to have an equitable land ownership with empowered agrarian reform beneficiaries who can effectively manage their economic and social development to have a better quality of life.[2] The agrarian reform is part of the Philippines’ attempts of land reform.[3] The agrarian reform law was outlined by former President Corazon C. Aquino through Presidential Proclamation No. 131 and Executive Order No. 229 on June 22, 1987.[4] An amendatory law, CARPER or the Comprehensive Agrarian Reform Program Extension with Reforms or the Republic Act No. 9700 was passed. It extended the deadline of distributing agricultural lands to the farmers for an additional five years. This law also amends other provisions and regulations formerly stated in the CARP. It was signed into law on August 7, 2009 and was set to be accomplished by the year 2014.[5] The purpose of this paper is to be able to raised concern pertaining to the observed contradicting period provided for the restriction on reselling CARP land against its payment period. According to law, lands acquired by the beneficiaries under RA 6657 may not be sold, transferred or conveyed for a period of ten (10) years; except if it is through hereditary succession, or to the government, or the Land Bank of the Philippines (LBP), or to other qualified beneficiaries.[6] Thus, the government will no longer have the control to restrict a beneficiary from re-selling the awarded land after it reaches the ten (10) year period.

In common or usual transactions, farmer beneficiaries are awarded with Certificates of Land Ownership Award (CLOA) by the Department of Agrarian Reform; this will serve as their proof of land ownership.[7] The CLOAs commonly encumbered with LBP comprehensive agrarian and will be subject to payment for a given period. Per section 26, Chapter VII of the Republic Act No. 6657, the period of payment that shall be made by a beneficiary is thirty (30) annual amortizations. Contrary to the restricted period of ten (10) years,[8] beneficiaries are obliged to pay a certain amount, amortized for a period of thirty (30) years.[9] Thus, after ten (10) years of tilling and cultivating the land, farmers have yet to see the value of the land awarded to them, this is because they could not yet fully enjoyed the fruits of his labor due to the obligation which they still need to pay. Per section 14, Article XIII of the 1987 Constitution, the State shall encourage and undertake just distribution of all agricultural lands. Identifying a qualified beneficiary is meticulously done. Guided by Section 22, Chapter VII of the Republic Act No. 6657, DAR made sure that the lands covered by the CARP shall be distributed as much as possible to landless residents of the same barangay, or in the absence thereof, landless residents of the same municipality in the following order of priority: (a) agricultural lessees and share tenants; (b) regular farmworkers; (c) seasonal farmworkers; (d) other farmworkers; (e) actual tillers or occupants of public lands; (f) collectives or cooperatives of the above beneficiaries; and (g) others directly working on the land. Provided, however, that the children of landowners who are qualified under Section 6 of this same Act shall be given preference in the distribution of the land of their parents: and Provided, further, That actual tenant-tillers in the landholdings shall not be ejected or removed therefrom. Beneficiaries under Presidential Decree No. 27 who have culpably sold, disposed of, or abandoned their land are disqualified to become beneficiaries under this Program. A basic qualification of a beneficiary shall be his willingness, aptitude, and ability to cultivate and make the land as productive as possible. The meticulous process of identying qualified famer beneficiaries will loose its value if it can easily be repurchase after ten (10) years. The purpose of equal distribution will loose its purpose, since the authority no longer has contol in choosing who could repurchase it the land concern. The mandate is to provide land for the landless farm workers, hence, this must be protected. DAR Administrative Order No. 3, series of 1990, enumerated the qualifications of a beneficiary: (1) Landless; (2) Filipino citizen; (3) Actual occupant/tiller who is at least 15 years of age or head of the family at the time of filing application; and (4) Has the willingness, ability and aptitude to cultivate and make the land productive.[10] Thus, one must simply be a landless farmer workers, to be qualified as a beneficiary. This is to promote and ensure equal distribute of land.

To sum it up, the main purpose of the agrarian reform law is to ensure the farmer-beneficiary’s continued possession, cultivation and enjoyment of the land he tills.[11] However, the law expressly prohibits any sale, transfer or conveyance by farmer-beneficiaries of their land reform rights within 10 years[12] only. In order, to ensure that the main purpose of the agrarian reform law has been duly observed, a change of its retriction period from ten (10) years to thirty (30) should be implemented.

Foot Notes:

[1] Republic Act No. 6657 (10 June 1988), An act instituting a comprehensive agrarian reform program to promote social justice and industrialization, providing the mechanism for its implementation, and for other purposes, available at https://www.lawphil.net/statutes/repacts/ra1988/ra_6657_1988.html last visited August 21, 2019

[2] What is CARP (Comprehensive Agrarian Reform Program), or RA 6657?, available at http://old.dar.gov.ph/ra-6657-what-is-carp-comprehensive-agrarian-reform-program last visited August 21, 2019

[3] Lourdes Saulo-Adriano, A General Assessment of the Comprehensive Agrarian Reform Program, August 1991, available at https://pidswebs.pids.gov.ph/ris/wp/pidswp9113.pdf last visited August 22, 2019

[4] Executive Order No. 229, Providing the Mechanisms for the Implementation of the Comprehensive Agrarian Reform Program, July 22, 1987, available at https://www.lawphil.net/executive/execord/eo1987/eo_229_1987.html las visited August 21, 2019

[5] Republic Act No. 9700, An Act Strengthening the Comprehensive Agrarian Reform Program (CARP), Extending the Acquisition and Distribution of all Agricultural Lands, Instituting Necessary 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, August 7, 2009, available at https://www.officialgazette.gov.ph/2009/08/07/republic-act-no-9700/ last visited August 22, 2019

[6] See note 1, supra

[7] Lebrudo v. Loyola, G.R. No. 181370, 9 March 2011

[8] See note 6, supra

[9] See note 1, supra

[10] DAR Administrative Order No. 3, Revised Rules and Procedures Governing Distribution and/or Titling of Lots in Landed Estates Administered by Dar (1990), available at http://www.lis.dar.gov.ph/documents/391 last visited August 22, 2019

[11] Corpuz v. Sps. Grospe, 388 Phil. 1100, 1110 (2000). See also Torres v. Ventura, G.R. No. 86044, 2 July 1990, 187 SCRA 96.

[12] See note 7, supra