Land and Agrarian Reform Andino, Apolinario, Cristobal, Galang, Guttierez, Jose, Lee, Mallari, Muarip, Pobre, Tan, E.,Yambao
Land reform 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 structure
To be able to industrialize, countries should be more than self- subsistent or gain a surplus and be able to do so efficiently. Agricultural productivity and efficiency therefore become a prerequisite for industrialization. Thus, efficient use of land becomes very important
Historically, the Philippines has been beset with problems regarding the ownership and use of land Use of encomienda system The rise of cacique class The awarding of friar lands This was followed by the tenancy system ( tillers of the land they own virtually became tillers for the rest of their lives, and for generations to come
Land Tenure Structure One or more systems regulating the rights to a man’s ownership, control, and usage of land A system which defines a person’s legal right and ownership over land, and the duties accompanying such right.
Different ways of effecting Land Tenure Reform Measures (based on history) Redistribution of private lands through expropriation or purchase Distribution of lands in the public domain- resettlement or colonization Regulation of tenancy Regulation of agricultural labor contracts and wages Control and/or elimination of absentee landlordism
On October 21, 1972 Pres. Ferdinand E. Marcos signed Tenant Emancipation Decree (PD 27): “emancipating the tenet-farmers from the bondage of the soil” This is to hasten the full implementation and realization of agrarian reform.
Production Structure Includes the nature, type, and mode of operations to make land productive Actual process of production producing the output These activities take into consideration the: Size Location Shape of production unit
Examples of Production Reform measures Consolidation of small, uneconomic holdings to insure optimum utilization Imposition of a floor or holdings of uneconomic size beyond which subdivision is to be prevented
Promotion of cooperative or compact farming among sub marginal farmers; Imposition of a ceiling on holdings of non-cultivating owners Organization of crop rotation system.
Structure of Support Services
To effectively implement reforms
Involve credit, marketing, the supply of agricultural requisites, processing, storage
Immediate bearing on reforming of tenure and production structures
Insure the success of the farmer who has acquired a new tenure status as lessee
Prepare the lessee for land ownership
Assist the owner-cultivator to use the land more productively and increase income
Meaning of Agrarian Structure
-a complex set of relationships within the agricultural sector
structure of support services
Reforms in the agrarian structure
-seek to remedy not only the defect in the distribution and use of land
Economic, social and political relations
Examples of Agrarian Reform Measures Public health programs Family planning Education and training of farmers Reorganization 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
Agrarian Reform Knowledge Science and Technology Suppport Institutions Barrio Associations and Cooperatives Government Assistance and Encouragement Open To all interests Support Support Political and Financial Benefit People Participation and Initiative Community Development Elements
Accompanying Measures to Agrarian Reform Credit facilities (Land Bank) Marketing support Farm technology training Cooperatives
Vital Position of Agriculture in National Economy Agriculture forms the predominant industry in the Philippines large portion of total working population is employed in agriculture. has high export value and makes up an essential part of a countries Gross Domestic Product (GDP). Agriculture can thus claim priority as the most important component of the economic structure.
Obstacles to agricultural productivity Agricultural productivity does not occur by chance, it has to be worked out. It is clear that reforms are needed to remove barriers to increase agricultural productivity so that agriculture can contribute its maximum share to overall growth and economic development.
Agrarian reform is an instrument for increasing agricultural productivity Agrarian reform seeks to create an economic environment that will encourage farmers to produce and market more of what they produce, to the end that an improvement in the level of living of rural population can be achieved at the earliest possible time and thus help to hasten the pace of national development.
Agrarian reform is a multi-faceted program Agrarian reform as a government-sponsored program, implies socio-cultural transformations.
Assumptions about Filipino tenant farmers Tenancy problem has its root in pre-Spanish and Spanish pas Tenancy system has created tenants who are traditional and dependent on the landlord 3 kinds of landlords: the benevolent ones, the malevolent ones, combination of both
Socio-cultural changes from agrarian reform A change from self-subsistent outlook to one of surplus production A sound social order in the farming villages was enhanced. Farmer’s initiative and active participation in leadership roles were promoted. Farmers were able to send their children to school.
Corazon Aquino When she became president, President Aquino considered agrarian and land reform as the center of her administration. However, she was criticized being the co-owner of Hacienda Luicita in Tarlac
On February 22, 1987, 3 weeks after the ratification of 1987 constitution, agrarian workers and farmers had a peaceful marched to Mendiola going to Malacanang and ended firing them by marine forces, now called as Mendiola Massacre, where 12 farmers were killed and 19 injured. Mrs.Aquino was not directly involved in the incident but because it was not resolved, her administration was criticized.
On July 22, 1987, President Aquino issued Presidential Proclamation 131 and Executive Order 229 calling for Agrarian Reform including sugar lands.
On 1988, the Congress of the Philippines passed a Republic Act 6657 known as Comprehensive Agrarian Reform Law, which was backed up by Mrs.Aquino. The law is about the distribution of agricultural lands to tenants-farmers from landowners and also allowed to retain not more than 5 hectares of land.
Despite the implementation of the CARP law, Aquino was not spared from controversies because of Hacienda Luisita – a 6,453 hectare land at Tarlac when she with her siblings from her father Don Jose Cojuangco. It was said that Aquino issued Executive Order 229 to pressure her relatives to allow stock distribution but, Hacienda Luisita was recognized as corporation and in turn gave its shares of stocks to farmers. However, in 2006, the Department o Agrarian Reform revoked the stock distribution, and ordered instead the distribution of land property to the farmers/tenants.
It also states that the landowners were allowed to “voluntarily give proportion to their capital stock, equity or participation in favor of the workers or qualified beneficiaries; instead of turning over their lands to the government for distribution.
Violence erupted over the Hacienda,7 people were killed in 2004 so the Department of Agrarian Reform intervened into the controversy.
Laws enacted by Cory Aquino regarding Comprehensive Rural development and Agrarian reform The Constitution ratified by the Filipino people during the administration of President Corazon C. Aquino provides under Section 21 under Article II that “The State shall promote comprehensive rural development and agrarian reform.”
Executive Order No. 228, July 16, 1987 Declared full ownership to qualified farmer-beneficiaries covered by PD 27. It also determined the value remaining unvalued rice and corn lands subject of PD 27 and provided for the manner of payment by the FBs and mode of compensation to landowners.
Executive Order No. 229, July 22, 1987 Provided mechanism for the implementation of the Comprehensive Agrarian Reform Program (CARP).
Proclamation No. 131, July 22, 1987 Instituted the CARP as a major program of the government. It provided for a special fund known as the Agrarian Reform Fund (ARF), with an initial amount of Php50 billion to cover the estimated cost of the program from 1987-1992.
Executive Order No. 129-A, July 26, 1987 streamlined and expanded the power and operations of the DAR.
Republic Act No. 6657, June 10, 1988 (Comprehensive Agrarian Reform Law) An act which became effective June 15, 1988 and instituted a comprehensive agrarian reform program to promote social justice and industrialization providing the mechanism for its implementation and for other purposes. This law is still the one being implemented at present.
Executive Order No. 405, June 14, 1990 Vested in the Land Bank of the Philippines the responsibility to determine land valuation and compensation for all lands covered by CARP.
Executive Order No. 407, June 14, 1990 Accelerated the acquisition and distribution of agricultural lands, pasture lands, fishponds, agro-forestry lands and other lands of the public domain suitable for agriculture.
Fidel V. Ramos President Fidel V. Ramos (1992-1998) When President Fidel V. Ramos formally took over in 1992, his administration came face to face with publics who have lost confidence in the agrarian reform program. His administration committed to the vision “Fairer, faster and more meaningful implementation of the Agrarian Reform Program.
President Fidel V. Ramos enacted the following laws: Republic Act No. 7881, 1995 – Amended certain provisions of RA 6657 and exempted fishponds and prawns from the coverage of CARP. Republic Act No. 7905, 1995 – Strengthened the implementation of the CARP.
Executive Order No. 363, 1997 – Limits the type of lands that may be converted by setting conditions under which limits the type of lands that may be converted by setting conditions under which specific categories of agricultural land are either absolutely non-negotiable for conversion or highly restricted for conversion.
Republic Act No. 8435, 1997 (Agriculture and Fisheries Modernization Act AFMA) – Plugged the legal loopholes in land use conversion. Republic Act 8532, 1998 (Agrarian Reform Fund Bill) – Provided an additional Php50 billion for CARP and extended its implementation for another 10 years.
JOSEPH ESTRADA widened the coverage of the Comprehensive Agrarian Reform Program (CARP) to the landless peasants in the country side. Distributed 266,000 hectares of land to175,000 farmers in the start of his career.
E0 151 EO 151(executive order 151)- also known as Farmer’s Trust Fund, which allows the voluntary consolidation of small farm operation into medium and large scale integrated enterprise that can access long-term capital.
Presidency of Gloria Macapagal Arroyo Vision: “To make the countryside economically viable for the Filipino family by building partnership and promoting social equity and new economic opportunities towards lasting peace and sustainable rural development.”
Implementation of (CARP) CARP- Comprehensive Agrarian Reform Program Summary AIM: landless farmers and farmworkers will receive a family sized farms and not just compensations from the owner where they work in
Land Transfer Year 2002: DAR was able to distribute 111,772 hectares to 75,560 agrarian reform beneficiaries (ARBs), over 11 percent of the target of 100,000 hectares set by President Arroyo during her state-of-the-nation address.
January to March 2003, DAR distributed 11,095 hectares, higher than the 10,307 hectares and 10,033 hectares distributed during the same period in 2001 and 2002, respectively.
KALAHI Agrarian Reform Zones- which are contiguous agrarian reform communities (ARCs) where support services for ARBs will be given more focus and are envisioned to become hubs of agro-industrial development.
Land Tenure Improvement DAR will remain vigorous in implementing land acquisition and distribution component of CARP. The DAR will improve land tenure system through land distribution and leasehold.
Provision of Support Services - CARP not only involves the distribution of lands but also included package of support services which includes: credit assistance, extension services, irrigation facilities, roads and bridges, marketing facilities and training and technical support programs.
Infrastructure Projects DAR will transform the agrarian reform communities (ARCs), an area focused and integrated delivery of support services, into rural economic zones that will help in the creation of job opportunities in the countryside.
Agrarian Justice To help clear the backlog of agrarian cases, DAR will hire more paralegal officers to support undermanned adjudicatory boards and introduce quota system to compel adjudicators to work faster on agrarian reform cases.
Budget: THE Department Agrarian Reform (DAR) prevailed upon the House of Representatives during the plenary hearing Wednesday for its 2012 budget Rep. Anna York C. Bondoc, who stood as the sponsor for DAR’s budget, eloquently justified its P18.3-billion proposed budget, saying that the agency, despite operating on lean budget each year in the past, has managed to deliver the tasks expected of it.
The DAR said that: P10 billion of its total budget for next year will go to land tenure’s improvement, which include landowners’ compensation; P7.3 billion to program beneficiaries’ development made up of support services in the form of basic rural infrastructure projects and skills development program; P1 billion to agrarian justice delivery.
“The lack of capital is one of the major obstacles to improving the lives of farmer-beneficiaries, most of them are forced to approach loan sharks for farm inputs.” - Coop-NatccoPartylist Rep. Cresente
Hacienda Luisita A landmark decision issued by the Philippine Supreme Court on Tuesday reversed the Stock Distribution Plan enacted at Hacienda Luisita, Incorporated, but upheld the validity of the Stock Distribution Option as a method of agrarian reform. The court mandated that potential beneficiaries of agrarian reform once again vote if they wished to receive land or stock options.
The 6,000-hectare Hacienda Luisita sugar plantation is owned by the Cojuangco family, of which President Benigno Aquino is the leading scion. When his mother, Corazon Aquino, assumed the presidency in the aftermath of the Marcos dictatorship, she was immediately confronted with demands from working people for concessions, including for land for the country’s impoverished peasantry.
The Department of Agrarian Reform (DAR) and Presidential Agrarian Reform Council (PARC) have asked the Supreme Court (SC) to order the distribution of 4,915.75 hectares of sugarland to 6,296 original farmer-beneficiaries. -Government wants Luisita distributed to tenants By EduPunay (The Philippine Star)