Land Reform

ObjectivesIntroductionRetention LimitsMultinational CorporationsAncestral LandsCommercial Farming

Definition TermsLand Reform before 1972CARPAgrarian Reform since 1972Exemptions and Exclusions

ObjectivesObjectives

At the end of the lesson the student is expected to be able to:

- discuss the coverage, extent, historical development, definition of terms of the Comprehensive Agrarian Reform Law

IntroductionIntroduction

•Because of the clamor to redistribute lands

to landless farmers, agrarian reform has been a main issue

for sustainable development. Lands even in other nations

are not distributed properly. A genuine land reform such

as the CARP is badly needed...

Definition termsDefinition termsAgrarian reformAgrarian reform means the redistribution of lands, regardless of crops to farmers and regular farmworkers who are landless.AgricultureAgriculture, Agriculture EnterpriseAgriculture Enterprise or Agricultural ActivityAgricultural Activity means the cultivation of soil, planting crops, growing of fruit trees, raising of livestock, poultry or fish, including harvesting of such farm products.Agricultural land Agricultural land refers to land suitable to agricultural activity and not classified as mineral, forest, residential, commercial or industrial land.Abandoned or Idle Land Abandoned or Idle Land refers to any agricultural land not cultivated, tilled or developed to produce any crop nor suitable to any specific economic purposes.Farmers Farmers means a natural person whose primary livelihood is cultivation of land or the production of agricultural crops, either by himself or with assistance of his immediate household.Farm worker Farm worker is a natural person who renders service for value as an employee in an agricultural enterprise.Regular Farm Worker Regular Farm Worker is a natural person who is employed on a permanent basis by an agricultural enterprise.

Land Reform before 1972Land Reform before 1972Philippine Land Reform started back to the early 1900’s wherein the

American Colonial Government purchased hectares of land belonging to the Catholic Church to promote colonization and livelihood. The colonial’s government’s interest in promoting the rapid growth of exports and political dependency on the landlords prevented from actively enforcing these land reforms.

Republic Acts 1911 and 1400 in 1954 and 1955 established a formula for crop sharing, promoting resettlement of public lands and provided impoundment of land estates to provide farms for landless tenants.

In 1963 the Agricultural Land Reform Code (RA 3844) shifted from confiscating and re-settlement to a two-stage conversion of sharecroppers into leaseholders and into owner-operators. Their objective was to build cultivation by owner and family-size farms as basis for Philippine Agriculture; provide dignified, more independent living for small laborers; increase productivity and farm incomes; and apply labor laws equally to industry and agriculture.

CARPCARP

The Comprehensive Agrarian Reform Law of 1988 covers all public and private agricultural lands provided in Proclamation No. 131 and Executive Order No. 229 including other lands of public domain suitable for agriculture.

The following lands are covered by the Comprehensive Agrarian Reform Program:

1. All disposable lands of the public domain suitable for agriculture.

2. All lands of the public domain in excess of the specific limits as determined by Congress.

3. All other lands owned by the government suitable for agriculture

4. All private lands suitable for agriculture regardless of agricultural product raised.

Agrarian Reform since 1972Agrarian Reform since 1972

During this time the government reaffirmed its commitment to agrarian reform and declined that the country is a land reform area. A number of decrees were then issued to increase progress to set forth in the 1963 Agrarian Reform Code. The first phase of this reform liberates the tenants on rice and corn land; but as to the 1963 code, farms producing sugar and tree crops like coconuts were exempted and their status is unclear under the 1972 Reforms.

Operation Land Transfer is being carried out under the overall direction of the Department of Agrarian Reform, consisting of issues and distribution of certificates of land transfer and transferring titles to former tenants. This certificate is not a deed or a title to the land but it only verifies that the tenant is the tiller of the land he claims to be cultivating. Implementing the land transfer program came at a fairly rapid pace during the first year but slowed significantly. Prominence of the 1972 reforms on the transfer of ownership highlights the problem of incomplete records of land tiller and land rights.

Retention LimitsRetention Limits

According to the Act, no person may own or retain, directly or indirectly, any public or private agricultural land, size of which according to factors governing a viable-sized farm like commodity produced, terrain, infrastructures and soil fertility as determined by the President Agrarian Reform Council (PARC) created hereunder, but no case of retention by the landowner exceed (5) hectares.

Three hectares may be given to each child of the landowner only if he is at least 15 years of age and is actually tilling or managing the farm.

Multinational CorporationsMultinational Corporations

All lands of public domain leased, possessed by multi-national corporation and other lands owned by the government or controlled corporation suitable to existing and operational agri-business have a right to repurchase the land from the government within a period of two-years.

Ancestral LandsAncestral Lands

• Indigenous communities shall continue to exist, their rights shall be protected to ensure social and economic well being. All land disputes related to this must be respected and recognized.

Commercial FarmingCommercial Farming

• Commercial farms which are private agricultural lands devoted to poultry raising, aquaculture and the like, fruit farms etc, shall be subject to immediate acquisition and distribution ten years from the effectivity of this act.

Exemptions and ExclusionsExemptions and Exclusions

Those lands that are considered parks, wildlife, forest reserves, reforestations, wildlife, fish sanctuaries, breeding grounds, watersheds and mangroves, school sites, cemeteries etc., and those which are included in this act..