RA 3844 - Code of Agrarian Reform of the Philippines

PD 27 – Tenants Emancipation Decree

EO 229 – Comprehensive Agrarian Reform Program (CARP)

RA 6657 – Comprehensive Agrarian Reform Law (CARL) of 1988

involves the reality of a shortcoming that a bit is distorted or misshapen and does not go well with accessible circumstances

means to change to look for change implies the existence of

a defect, or that something is deformed or malfunctioning

refers to all sets of activities and measures that may or should be taken to improve or correct the defects, or problems in the relations among men with respect to their rights to the land they till.

technically defined as an integrated set of measures designed to eliminate obstacles to economic and social development arising out of defects in the agrarian reform

Agrarian Reform in the Agrarian Reform in the PhilippinesPhilippines

The Philippine Agrarian Problem:

1. Two important dimensions:

land & the people; agricultural & social;

productivity & human rights;

2. A basic problem of society

3. Basically a question of land distribution

& utilization

The Agrarian ProblemThe Agrarian Problem3. Basically, a question of land distribution &

utilization The right to own property, universal but limited Land is necessary for all human beings &

everybody has the right to use land for his survival

The right to use is given to all individuals but the matter to be used is limited & the number of users unlimited

Historico-Political Survey of the Historico-Political Survey of the Agrarian Problems Agrarian Problems

1. Pre-Spanish land situation a. Land patterns:

1. tribal hunters & gatherers

2. shifting cultivators

3. those with sedentary culture

4. Muslimsb. Social classes

Spanish Period Land SituationSpanish Period Land Situation

2. Land tenancy under Spain:

• a. Encomienda system

• b. Rise of the cacique class

• c. Early rebellions

• d. Conflicts over land tenureship

• e. Friar lands

• f. Philippine revolution

Land Tenure Situation Under Land Tenure Situation Under the American Regimethe American Regime

• a. Actual increase in tenancy rate• b. Purchase of friar lands• c. Homesteading• d. Peasant rebellions & • opposition• e. Rice Share Tenancy Act• ( Act No. 4050)• f. Sugar Cane Tenancy contracts • Act (Act No. 4113)

Commonwealth PeriodCommonwealth Period

• a. Commonwealth Act No. 103 – created the Court of Industrial Relations

• b. Commonwealth Act no. 213 – regulated legitimate labor organizations

• c. Commonwealth Acts.178,461,& 608- gave more protection to tenants.

• Orderly settlement of virgin• agricultural lands begun by• the National Land Settlement Administration

Effects of Japanese OccupationEffects of Japanese Occupation

• The Japanese occupation of the Philippines from 1941 to 1945 had a tremendous impact on the agrarian issue

• From the ranks of the peasant & labor organizations & from the merger of the Communist Party of the Philippines & Socialist Party rose the Hukbong Magpapalaya sa Bayan

• ( HUKBALAHAP) Hukbo ng Bayan

laban sa hapon

Post War Attempts at Agrarian Post War Attempts at Agrarian ReformReform

• a. Agricultural Tenancy Act of 1954 ( Ra No. 1199

• b. Land Reform Act of 1955 (Ra No. 1400)• c. Land resettlement as a solution• d. The Agricultural Land Reform Code of 1963

( RA No. 3844)• e. Amendments to the Agricultural • Land Reform Code ( R.A. 6389)• f. Agrarian Reform Special Fund • Act ( RA 6369)

Under Martial Law & 1973 Under Martial Law & 1973 ConstitutionConstitution

• 1. Presidential Decree No. 2- declaring the entire Philippines as land reform area

• 2. Presidential Decree No. 27 – “emancipating the tenant-farmers from the bondage of the soil”

Under the 1987 ConstitutionUnder the 1987 Constitution

• 1. President Aquino signed Proclamation No. 131 instituting a Comprehensive Agrarian Reform Program (Carp) & EO No. 229 providing for the mechanisms

• 2. She issued EO No. 129-A

• “reorganizing & strengthening

• the Department Agrarian

• Reform

Imperatives of Agrarian ReformImperatives of Agrarian Reform

• 1. Land reform would increase production • 2. It would provide for the capital needed

to industrialize• 3. Land reform is the answer to the

communist challenge• 4. It would correct the present imbalance

in our society• 5. It would make democracy truly

meaningful to our people

Objections to Agrarian ReformObjections to Agrarian Reform

• 1. Fragmentation of farm-holdings

• 2. Small farms uneconomic

• 3. Small landholdings included

• 4. Agrarian reform failed in the past

Components of Agrarian Components of Agrarian ReformReform

• 1. Land distribution – most effective way of providing security of tenure to tillers of the soil

• 2. Companion measures: Credit & modern & better methods of production

• Creation & development of new social institutions to assist the farmers

The Code of Agrarian Reforms The Code of Agrarian Reforms (RA No. 3844 as amended)(RA No. 3844 as amended)

Beneficiaries under the Code: 1. Tenanted farmers 2. Agricultural wage earners or farm

workers 3. Settlers including migrant workers 4. Owner-cultivators of less than family

sized farms

The Code of Agrarian Reform The Code of Agrarian Reform CodeCode

Lands covered by the Code:

• 1. Tenanted areas

• 2. Landed estates

• 3. Old settlements

• 4. Proposed settlements

The Tenants Emancipation The Tenants Emancipation Decree (PD No. 27)Decree (PD No. 27)

• Under this decree there is no more leasehold in tenanted rice & corn lands , the tiller becomes automatically the amortizing owner of the land

• Beneficiaries are the bona fide tenant-farmers of private agricultural lands primarily devoted to rice & corn under the lease tenancy system

• Every family should own an economic family-sized farm

• Retention limit- 7 hectares

Legitimate Prerequisite Legitimate Prerequisite Pertinent to agrarian ReformPertinent to agrarian Reform

Endorsement of a human and self motivated order

Improvement of a self-contained and self-governing national economy

Backing of a wide-Ranging Rural Progress and Agrarian Reform

Liberty of Expression and Right to Form Associations

Expropriation of Private PropertyNon-impairment of Obligation of Contracts

Rights and Obligations of the Lessees and Rights and Obligations of the Lessees and LessorsLessors

Lessees Rights Custody and serene pleasure of the land Administration to toil on the land Automation of his farm effort Transactions with millers and processors and be

present at distribution of quedans and storehouse total admission money for the manufacture payable him

Control home lot or carry on in the satisfaction of any house lot

Reimbursement for costs and everyday expenditure sustained and a ½ of helpful expansions on the landholding

Lessees ObligationsLessees Obligations

Outstanding concern of farm Become aware of intrude Care of leasing facilities Correct awareness to farmTake in of harvest Imbursement of rental

Lessors RightLessors Right

Check up Propose transform Confirmed farm performs Mortgage the land Other rights and take delivery of

compensation of rental

Bill of Rights for Agricultural LaborBill of Rights for Agricultural Labor

1. Right to self-organization 2. Right to engage in concerted activities like strike,

picketing, boycott 3. Right to minimum wage 4. Right to work for not more than 8 hours 5. Right to claim damages for death or injuries sustained

while at work 6. Right to compensation for personal injuries, death or

illness 7. Right against suspension,

dismissal or lay-off

Agrarian StructureAgrarian Structure

is defined as a complex set of relationship within agricultural sector

Example: tenure, structure, production structure, and the structure of support services

Land Tenure StructureLand Tenure Structure

refers to one or more systems regulating the rights to a man’s ownership, control, and usage of land

it is a system which defines a person’s legal right and ownership over land, and the duties accompanying such right.

Production StructureProduction Structure

refers to activities affecting ownership of the land, production structure includes activities relating to the nature, type, and mode of operations to make land productive

LT & PS DistinguishedLT & PS Distinguished

LT Structure Rights over land Ownership holding Refers to the right over

land, whether in terms of full ownership or as circumscribed by law, irrespective of the manner in which the holding is operated or managed

Production Structure Production and use of land Operation holding Refers to the actual

management of holding or the manpower in which the land is cultivated or operated irrespective of ownership

Examples of AR MeasuresExamples of AR Measures

Public Health Program

Family PlanningEducation and

training of farmersReorganization of

land reform agencies

Application of labor law to agricultural workers

Construction of infrastructure facilities

Organization of various types of voluntary associations

Providing employment opportunities

Accompanying measures to ARAccompanying measures to AR

Credit facilities (Land Bank)

Marketing support

Farm technology training

Cooperatives