Agrarian-reform.ppt

Agrarian Reform

Agrarian reform • Agrarian reform is a redistribution of lands, regardless of crops or fruits produced, to farmers and regular farm workers 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. • The basic Element of agrarian reform program include land reform where measures are taken with respect to the security of tenure, abolition of tenancy, imposition of ceilings and many more. • Land Reform is an integrated set of measures designed to eliminate obstacles to economic and social development arising out of defects in agrarian structure.

Aspects of Agrarian Reform 1. Economic Aspect •

•

The position of agriculture in national economy- although there’s a series of industrial programs from the government, still our economy relies heavily on the agricultural sector. It forms the predominant industry in the Philippines . Large proportion of the total working population is employed in agriculture and a large percentage contribution to the gross domestic product (GDP) comes from agriculture. So it is safe to say that agriculture is the most important component of economic structure. One method of motivating the farmers to increase their producion is to make them own the land they till to free them from the control of the landlords. Agrarian reform was to strengthen to create an economic environment that will encourage farmers to produce more and market more of what they produce.

Additional Information Importance of Land Reform • Land reform will diffuse tension existing between tenantfarmer and landlords. • ​Land reform will give the farmers a dignified existence in our society. • Land reform will bring social justice. • Land reform will increase the efficiency and productivity of the farmers.​ • Land reform will help solve unemployment. • ​ Land reform will increase food productivity. • ​ Land reform will enhance the living conditions of the poor farmers.

2. Socio Cultural Aspect a. A change from self subsistent mindset to one of surplus for selling. The farmers started putting all their efforts in the farm because they own the land. a. b. Social order in the farmlands started to improve significantly. The farmers became more concern of the need to maintain peace and stability within the community so that they could continuously enjoy the increased benefits in the farm. c. Farmers became more active in practicing leadership roles. Before, such roles were the monopoly of the landlords. After land reform, farmers began forming associations and stood. in equal footing, with their erstwhile landlords in social gatherings and club meetings. They too began to take active participation in local and national elections.

d. As land reform enhanced agricultural productivity and consequently increased net family incomes, the farmers were able to send their children to school. They widened their contacts with the outside world through frequent trips to markets and other places. e. Agrarian reform also promoted modern outlook among farmers which include receptiveness and modern family planning programs and also awareness of the economic alternatives in the urban industrial sectors.

3.Religious Aspect • Based on the biblical teachings God is the owner of the earth and that he made it all for his children. Food was not made for a few all possess god-given right to use and enjoy the fruits of earth for the advancement of their lives. • Majority of the Filipino masses are longing for the possession of land. Immersed in the chains of poverty they yearned for the ownership of land. These desires were so strong that it was resulted into multiple revolts. Sad to say, however the Filipinos rarely found any help and support from the church. On the contrary some revolts were directly pointed to the lands owned by the church. That's why church became the enemy of land reform.

The objectives of agrarian reform • The main objective was to put an end to conflicts pertaining to land ownership. Aim to bring about harmony between the rural people and the urban residents are also called for. • To bringing stability in the political set up of the country is also regarded as one of the objectives of agrarian reform. The political set up of the country plays an important role. If there is political unrest, leaders would usually concentrate on resolving the crisis, instead of dealing with land conflicts. • The socio agrarian reform includes bringing about equality in terms of opportunities, income as well as wealth. • Agrarian reform programs are primarily designed to facilitate agrarian reform activities like land acquisition, land distribution, land management and encouraging the growth of feasible agrarian reform communities.

Additional information • • • •

•

• • • • •

Religious Aspect • Enhancing demand for raw materials and services 1.Biblical Background • Improving balance of payment by 2.Papal Teachings facilitating export activities 3.Chruch Estates • Trying to increase production at home Objective of agrarian reform so that imports do not have to be Political- the main object was to put relied upon an end to conflicts pertaining to land • Enhancing cooperation as well as ownership. regulation between agricultural sector Social – the socio agrarian reform and the nonagricultural sector include bringing about equality in terms of opportunities, income as well Socio-cultural Aspect of Agrarian Reform • 1.Agrarian reform, a multifaceted as wealth. program Economic – the economic objectives • 2.Assumptions about Filipino tenant can be listed below. farmers Enhancing agricultural production • 3. Socio-cultural changes from Enhancing agricultural productivity agrarian reform Bettering capital formation Providing employment to more agricultural workers

Comprehensive Agrarian Reform Program (CARP) • The Comprehensive Agrarian Reform Program (CARP) or Republic Act 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. • One of the major programs of CARP is Land Tenure Improvement, which seeks to hasten distribution of lands to landless farmers. Similarly, the Department offers Support Services to the beneficiaries such as infrastructure facilities marketing assistance program, credit assistance program, and technical support programs. Furthermore, the department seeks to facilitate, resolve cases and deliver Agrarian Justice.

The legal basis for CARP is the Republic Act No. 6657 otherwise known as Comprehensive Agrarian Reform Law (CARL) signed by President Corazon C. Aquino on June 10, 1988. It is an act which aims to promote social justice and industrialization providing the mechanism for its implementation, and for other purposes.

Coverage of CARP •

Government owned lands devoted to or suitable for agriculture; • Alienable and disposable lands of the public domain devoted to or suitable for agriculture; • Public domain lands in excess of the specific limits as determined by Congress; and • Private lands devoted to or suitable for agriculture regardless of the agricultural products raised or thatcan be raised thereon

Additional information • Comprehensive agrarian reform program -The CARP symbolized an essential component in the context of the democratization process in the Philippines by targeting agricultural land redistribution and provision of support services for agricultural development (seeds, start-up capitals, credits and farming implements). It is further considered as a social justice measure that should guarantee the right to adequate food for the rural population in the Philippines.

History of Agrarian Reform The Philippines, even before being colonized by different countries, already have, developed an organization for their communities. The land owned by these communities is known as barangay which consists of 30-100 families which is administered by different chiefs. In these barangays, everyone regardless of status had access on the land and mutually shares resources to the rest of the community. They believed in and practiced the concept of "stewardship" where relationship between man and nature is important. Land cultivation was done commonly by kaingin system or the slash and burn method wherein land was cleared by burning the bushes before planting the crops or either land was plowed and harrowed before planting.

On the other hand, food production was intended for family consumption only at first but later on neighboring communities where engaged in a barter trade, exchanging their goods with others. Some even traded their agricultural products with luxury items of some foreign traders like the Chinese, Arabs and Europeans. The only recorded transaction of land sale during that time was the Maragtas Code. This is the selling of the Panay Island to the tern Bornean datus in exchange for a golden salakot and a long gold necklace. Although the Code of Luwaranwas one of the oldest written laws of the Muslim society which contains provision on the lease of cultivated lands, there was no record how the lease arrangement was practiced When the Spanish came to the country in' 1521, they introduced "pueblo" an agriculture system wherein the native rural communities were organized into pueblo and eac Christianized native family is given four to five hectares of land to tivate, thus there is no landless.class. Nonetheless, these native families are merely landholders and not legitimate landowners.

By law, the land assigned to them was the property of the Spanish King where they pay their colonial tributes to the Spanish authorities in the form of agricultural products that they produce Realizing that being landless was the main cause of social unrest and revolt at that time, the Americans sought to put an end to the miserable conditions of the tenant tillers and small farmers by passing several land policies to widen the base of small landholdings and distribute land ownership among the greater number of Filipino tenants and farmers. During the Japanese occupation, peasants and workers organized the HUKBALAHAP (Hukbong Bayan Laban sa mga Hapon) on March 29, 1942 as an anti-Japanese group. They took over vast tracts of land and gave the land to the people.

Some of the Agrarian Reform laws were passed during the acministration of Manuel L. Quezon: RA 4054 or the Rice Tenancy Law was the first law on crop sharing which legalized the 50-50 share between landlord and tenant with corresponding support to tenants protecting them against abuses of landlords. However this law was hardly implemented because most of the municipal councils were composed of powerful hacienderos and big landlords. In fact, only one municipality passed a resolution for it enforcement and majorities have petitioned its application to the Governor General. The Republic Act No. 34 was passed during the administration of Manuel Roxas and it enacted to establish a 7030 sharing arrangement between tenant and landlord. The 70% of the harvest will go to the person who shouldered the expenses for planting, harvesting and for the work animals. With this, it reduced the interest of landowners' loans to tenants at not more than 6%.

In Elpidio Quirino's administrations, the Executive Order No. 355, the Land Settlement Development Corporation (LASEDECO) was established to accelerate and expand the peasant resettlement program of the government. However, due to limited post-war resources, the program was not successful. When President Magsaysay was elected as the president of the country he realized the importance of pursuing a more honest-to-goodness land reform program. So he convinced the elite controlled congress to pass several legislation to improve the land reform situation in the county. It was during Diosdado Macapagal that the Agricultural Land Reform Code or RA No. 3844 was enacted, more specifically on August 8, 1963. This was considered to be the most comprehensive piece of agrarian reform legislation ever enacted in the country that time. Because of this, President Diosdado Macapagal was considered as the "Father of Agrarian Reform’’.

When President Marcos assumed office, he immediately directed the massive implementation of the leasehold phase of the land reform program by signing into law the Code of Agrarian Reforms in the Philippines or RA No. 6389 and its companion bill RA No. 6390. The Code of Agrarian Reforms or RA No. 6389 governed the implementation of the agrarian reform in the Philippines. The Ramos administration is recognized for bringing back support of key stakeholders of CARP by bridging certain policy gaps on land acquisition and distribution, land evaluation, and case resolution. It is also credited for enhancing internal operating systems and strengthening the capabilities of the DAR bureaucracy and for tapping more resources to help implement the program.

During this administration the Magkaballkat Para sa kaunlarang Agraryo (MAGKASAKA) which was launched which is directed for the investors to bring in capital, technology and management support while the farmers will contribute, at most, the use of their land itself. The GMA administration has adopted the BAYAN-ANIHAN concept as the implementing framework for CARP. Bayan means people and Anihan means harvest and Bayanihan means working together. Applied to CARP, Bayan Anihan means a united people working together for the successful implementation of agrarian reform. Under the governance of President Noynoy Aquino, the DAR which is the lead agency for CARP implementation is bent on sustaining the gains of agrarian reform through its three major components- Land Tenure Improvement (LTI), Program Beneficiaries Development (PBD) and Agrarian Justice Delivery (AJD). The following are the strategic directions of the Aquino Administration for the agrarian reform program.

Additional information • History of Agrarian Reform Agrarian reform is a 100-year history of unfinished reforms after the 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 consisted of a datu freemen, serfs and slaves.

Additional information Agrarian Reform History. Before the Spaniards came to the Philippines, Filipinos lived in villages or barangays ruled by chiefs or datus. The datus comprised the nobility. ... When the Spaniards came to the Philippines, the concept of encomienda (Royal Land Grants) was introduced. Comprehensive Agrarian Reform Law: The Long Road to Agrarian Reform in the Philippines. Republic Act (RA) 6657 or the Comprehensive Agrarian Reform Law(CARL), was signed into law by President Corazon C. Aquino on 10 June 1988 in response to peasants' call for equitable access to land.

Agrarian Reform laws and acts in the Philippines Land Reform Act of 1955 (R.A. 1400) -an act defining a land tenure policy providing for an instrumentality to carry out the policy and appropriating funds for it implementation. The main features of the R.A. 1400 are the following a. Reduction of large landholdings and consolidation of smaller, uneconomic holdings into plots of adequate size b. Resettlement of tenants in areas of abundant land. c. Provision of adequate credit facilities for the small landholders. d. Reduction of rental and interest rates in order to provide security for those who would remain tenants. e. Securing land titles for small holders. f. Reform of the property tax structure.

Additional information • Land reform act 1955 focuses on consolidating and reducing big lands to its reasonable size in distributing to landless families. With the land reform act, it has enabled to resettle thousands of families who had no land to call their own. This gave those families/tenants an opportunity to start anew and be entitled to the land with proper documentations. Rents and interest rates are also reduced to give security to those who decide to stay. Land reform act provides housing that is affordable.

Revised Agricultural Land Reform Code (R.A. 6389) -an act amending Republic Act 3844, as amended-etherwise known as the Agricultural Code and for other purposes. Upon pressure of peasant organization demonstrators who picketed for 84 days in front of the legislative building, congress passed further amendments to the Code. The main features of the new amendments were; a. Abolition of personal cultivation and conversion to residential subdivision as grounds for the ejectment of tenants. b. Automatic conversion of all share-tenants in the Philippines to leasehold tenants with some exceptions and qualifications c. Creation of the Department of Agrarian Reform. d. Right of the tenant on land converted to residential subdivisions to demand a disturbance compensation equivalent to five times the average gross harvest for the past three agricultural years.

e. Increased financing for the land reform program f. Crediting of rentals in favor of the tenant against the just of compensation that he would have to pay in case the land was expropriated by the government for resale to the tenant Lands covered by the Code a. Tenanted areas- the areas worked by the tenant-farmer either under the sharecropping or leasehold b. Landed estates- private agricultural lands acquired by the Department of Agrarian Reform through the Land Bank for redistribution to the tenant tillers both under the code. c. Old settlements projects developed by the Department of Agrarian Reform from the public domain and are still under its administration and management d. Proposed settlements- the estimated areas of the public domain either earmarked for settlement purposes or have potentials for such purposes.

Additional information • Agrarian Reform programs involve the realignment of land relationship to meet the interest of the government and the dominant class in the society. • It is drastic, planned public intervention aimed at bringing about a new structure of access to land that is more adequate to the requirements of the socio economic and political system. Source: www.global.edu.ph • To achieve what developmental economists refer to as more equality of opportunity than may currently exist in societies. • To manufacture equality of outcome in cases where incidental appear in procedurally just system. Source: www.dar.gov.ph

Comprehensive Agrarian Reform Law (R.A. 6657) -an act instituting a comprehensive agrarian reform program to promote social justice and industrialization, providing the mechanism for its implementation and other purposes. The lands covered by CARL a. All alienable and disposable lands of the public domain devoted to or suitable for agriculture. No reclassification of forest or mineral lands to agricultural lands shall be undertaken after the approval of this act until congress, taking into account ecological, developmental and equity considerations shall have determined by law, the' specific limits of the public domain. 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.

Additional information CARP, or the Comprehensive Agrarian Reform Program, 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. COVERAGE: Additional Info: SECTION 6. Retention Limits. — Except as otherwise provided in this Act, 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 familysize 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.

Qualified beneficiaries- 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 g. Others directly working on the land

Lands outside the coverage of CARL a. Lands actually, directly and exclusively used and found to be necessary for parks, wildlife, forest reserves, reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves b. National defense camps, school sites and campuses including experimental farm stations operated by public or private schools for educational purposes. c. Seeds and seedlings research and pilot production centers, church sites and convents. d. Mosque sites and Islamic centers e. Communal burial grounds and cemeteries, penal colonies and penal farms actually worked by the inmates. f. Government and private research and quarantine centers and all lands 18 percent slope and over, except those already developed.

Additional information

Provided, however, that the children of landowners who are qualified under section 6 of this act shall be given preference in the distribution of the land of their parents and provided further, that actual tenant tillers in the land holdings 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 willingness, aptitude and ability to cultivate and make the land as productive as possible. The DAR should adopt a system of monitoring the record or performance of each beneficiary, so that any beneficiary guilty of negligence or misuse of the land or any support extended to him shall forfeit his right to continue as such beneficiary. The DAR shall submit periodic reports of the performance of the beneficiaries to the PARC. If, due to the landowners retention rights or to the number of tenants, lessees, or workers on the land , there is not enough land to accommodate any or some of them, they may be granted ownership of their lands available for distribution under this Act, at the option of the beneficiaries. Farmers already in place and those not accommodated in the distribution of privately-owned lands will be given preferential rights in the distribution of lands from the public domain.

Comprehensive Agrarian Reform Program Extension with Reforms (CARPER Law) or in other words the R.A. 9700- an act strengthening the comprehensive agrarian reform pro (CARP), extending the acquisition of all agricultural lands, instituting necessary reforms, amending for the purpose certain provisions of R.A. 6657, otherwise known as the Comprehensive Agrarian Reform Law of 1988, as amended. Republic Act 9700 or the Comprehensive Agrarian Reform Program Extension with Reforms or CARPER was signed into law on August 7, 2009 with the following features: 1. Strengthened and improved CARL. The Comprehensive Agrarian Reform Law or RA 6657 has not been superseded by RA 9700. It further strengthened and improved it. 2. The CARPER has a 150 billion budget funded from the Agrarian Reform Fund and other funding sources 3. Seven (7) new provisions and 26 reformed provisions;

4. Restored compulsory acquisition and has extended the land acquisition and distribution component for five years starting July 1, 2009 up to June 30, 2014; 5. Strikes a balance between and among the landowners' interest, farmers' interests and the DAR's interests as follows: 6. Creation of the Congressional Oversight Committee on Agrarian Reform (COCAR) to oversee, monitor and evaluate progress of CARP implementation within the five (5) year time frame The DAR, in coordination with the Presidential 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. Lands shall be acquired and distributed as follows:

Phase One (1 July 2009-30 June 2012) a. All private agri-lands w/ aggregate landholdings In excess of 50 hectares which has already been Issued notices of coverage (NOC) on or before 10 December 2008 b. All idle and abandoned lands c. All agri-lands which were voluntarily offered to sale but submitted not later than June 30, 2009 d. All rice and corn lands under PD 27 Phase Two: a. Lands above twenty-four (24) up to fifty (50) hectares which have been issued notice of coverage (NOCs) on or before 10 December 2008, to be completed by 30 June 2012 b. All remaining private agricultural lands of LOs with aggregate area in excess of 24 hectares, to be implemented and completed from 1 July 2012 to 30 June 2013

Phase Three: a. Lands of landowners with aggregate landholdings in excess of ten (10) hectares up to 24 hectares 1 July 2012 to 30 June 2013 b. Lands of landowners in excess of retention limit up to ten (10) hectares: 1 July 2013 to 30 June 2014

Additional information • In the Comprehensive Agrarian Reform Law of 988 (RA No. 6657), agrarian reform is defined to mean "the redistribution of lands, regardless of crops or fruits produced, to farmers and regular farm workers who are landless, irrespective of tenurial arrangement, to include the totality of factors and support services designed to lift the economics status of the beneficiaries and all other arrangements alternative to the physical redistribution of lands, such as production or profitsharing, land administration and the distribution of shares of stock, which will allow beneficiaries to receive a just share of the fruits of the lands they work”.