Ginalyn M. Abela


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Article XIII

Social Justice and Human Rights

Comprehensive Agrarian Reform

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Ginalyn M. Abela

  1. 1. The<br /> 1987 <br />Philippine Constitution<br />
  2. 2. Article 13<br />Social Justice and <br />Human Rights<br />(R.A. 6657-Comprehensive Agrarian <br />Reform Program) <br />
  3. 3. Constitution of the Philippines<br /><ul><li>  the supreme law of the Philippines
  4. 4. democratic and republican State
  5. 5. enacted in 1987, during the administration of President Corazon Aquino, and is popularly known as the "1987 Constitution”.
  6. 6. The Constitution is divided into 18 parts, excluding the Preamble, which are called Articles.</li></li></ul><li>Social Justice and Human Rights<br /><ul><li> refers to the idea of creating a society or institution that is based on the principles of equality and solidarity, that understands and values human rights, and that recognizes the dignity of every human being.
  7. 7.  based on the concepts of human rights and equality and involves a greater degree of economic egalitarianism through progressive taxation, income redistribution, or even property redistribution.</li></li></ul><li>Aim<br /><ul><li>  to achieve what developmental economists refer to as moreequality of opportunity than may currently exist in some societies.
  8. 8.  to manufacture equality of outcome in cases where incidental inequalities appear in a procedurally just system. </li></li></ul><li>Preamble<br />We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.<br />
  9. 9. Article XIII – Social Justice and Human Rights<br /><ul><li> Labor
  10. 10. Agrarian and Natural Resources Reform
  11. 11. Urban Land Reform and Housing
  12. 12. Health
  13. 13. Women
  14. 14. Role and Rights of People's Organizations
  15. 15. Human Rights</li></li></ul><li>Comprehensive Agrarian Reform Program<br /><ul><li> a Philippine state policy that ensures and promotes welfare of landless farmers and farm workers, as well as elevation of social justice and equity among rural areas.
  16. 16. CARP was established by the Comprehensive Agrarian Reform Law of 1988 (CARL).
  17. 17.  aimed for a nation with equitable land ownership and empowered agrarian reform beneficiaries while, at least, improving social lives.
  18. 18.  enacted by the 8th Congress of the Philippines and signed by Aquino on June 10, 1988.</li></li></ul><li>Objective<br /><ul><li> To successfully devise land reform in Philippines.
  19. 19. To improve the economic and social status of the beneficiaries of land reform in Philippines.</li></li></ul><li>Objectives of Agrarian Reform - Political<br /><ul><li> to put an end to conflicts pertaining to land ownership.
  20. 20. to bring about harmony between the rural people and the urban residents.
  21. 21. bringing stability in the political set up of the country.</li></ul>Objective of Agrarian Reform - Social<br /><ul><li> bringing about equality in terms of opportunities, income as well as wealth.</li></li></ul><li>Objectives of Agrarian Reform - Economic<br /><ul><li> Enhancing agricultural production
  22. 22. Enhancing agricultural productivity
  23. 23. Bettering capital formation
  24. 24. Providing employment to more agricultural workers
  25. 25. Enhancing demand for raw materials and services
  26. 26. Improving balance of payments by facilitating export activities
  27. 27. Trying to increase production at home so that imports do not have to be relied upon.
  28. 28. Enhancing cooperation as well as regulation between agricultural sector and the non agricultural sector.</li></li></ul><li>CARP Major Feature<br /><ul><li> It provides for the coverage of all agricultural lands regardless of crops</li></ul>produced or tenurial status of the tiller;<br /><ul><li> It recognizes as beneficiaries of the program all workers in the land given</li></ul>that they are landless and willing to till the land;<br /><ul><li> It provides for the delivery of support services to program beneficiaries;
  29. 29. It provides for arrangements that ensure the tenurial security of farmers</li></ul>and farm workers such as the leasehold arrangement, stock distribution<br />option and production and profit sharing; and<br /><ul><li> It creates an adjudication body that will resolve agrarian disputes.</li></li></ul><li>R.A. 6657 Beneficiaries<br /><ul><li> all agricultural lessees
  30. 30. share tenants regardless:
  31. 31. crops
  32. 32. regular farm workers
  33. 33. seasonal farm workers
  34. 34. other farm workers
  35. 35. farmer’s organization
  36. 36. cooperatives
  37. 37. agricultural graduates
  38. 38. rural women
  39. 39. veterans and relatives of enlisted men and women
  40. 40. retirees of the AFP and the Integrated National Police
  41. 41. rebel returnees and surrenderees</li></li></ul><li>Qualifications of an Agrarian Reform Beneficiaries<br />a. be landless;<br />b. be at least 15 years old or head of the family at the time the property was transferred in the name of the Republic of the Philippines; and<br />c. have the willingness, ability and aptitude to cultivate the land and make it as productive as possible. (Sec. 23, RA 6657)<br />Note: Items (b) and (c) above are meant to ensure that the recipients of the land will judiciously use it and make it a productive agricultural land<br />
  42. 42. Components of CARP<br /><ul><li> Land Tenure Improvement
  43. 43. Program Beneficiaries Development
  44. 44. Agrarian Justice Delivery </li></li></ul><li>Principles of CARP<br /><ul><li>highest consideration to the welfare of the landless farmers and farm workers
  45. 45. due regard to the rights of landowners to just compensation
  46. 46. recognition of the rights of farmers, farm workers, landowners, cooperatives, and other independent organizations to participate in the planning, organization, and management of CARP
  47. 47. provision of support to agriculture through appropriate technology and research
  48. 48. provision of adequate financial, production, marketing, and other support services</li></li></ul><li>CARP IMPLEMENTING AGENCIES<br /><ul><li>Department of Environment and Natural Resources (DENR)
  49. 49. Department of Agriculture (DA)
  50. 50. Land Bank of the Philippines (LBP)
  51. 51. Land Registration Authority (LRA)
  52. 52. Department of Public Works and Highways (DPWH)
  53. 53. National Irrigation Authority (NIA)
  54. 54. Department of Trade and Industry (DTI)
  55. 55. Department of Labor and Employment - Bureau of Rural Workers (DOLE-BRW)</li></li></ul><li>Scope of CARP<br /> The ownership or control of about 10.3 million hectares of agricultural land, representing about one-third of the total land area of the Philippines, shall be transferred over a ten year period to an estimated 3.9 million beneficiaries.<br />
  56. 56. Lands Covered by CARP<br /><ul><li>all alienable and disposable lands of the public domain devoted to or suitable to agriculture;
  57. 57. all lands of the public domain in excess of the specific limits as determined by Congress;
  58. 58. all other lands owned by the government devoted to or suitable to agriculture; and
  59. 59. all private lands devoted to or suitable to agriculture regardless of the agricultural products raised or that can be raised therein. (Section 4, RA 6657)</li></li></ul><li>Lands Not Covered by CARP<br /><ul><li>those which are not suitable for agriculture, and those which are classified as mineral, forest, residential, commercial or industrial land;
  60. 60. those which have been classified and approved as non-agricultural prior to 15 June 1988 as ruled under Department of Justice Opinion No. 44, Series of 1990;
  61. 61. those which are exempt pursuant to Sec. 10, RA 6657;
  62. 62. those which are devoted to poultry, swine, or livestock raising as of June 15, 1988 pursuant to the Supreme Court ruling on Luz Farms vs. The Honorable Secretary of Agrarian Reform (G.R. No. 86339, 4 December 1990); and
  63. 63. those which are retained by the landowner (not covered insofar as land acquisition and distribution but covered with respect to other provisions, particularly leasehold)</li></li></ul><li>Lands Exempted by CARP Coverage<br /><ul><li> 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, national defense, school sites and campuses including experimental farm stations operated by public or private schools for education purposes, seeds and seedlings research and pilot production centers, church sites and convents appurtenant thereto, mosque sites and Islamic centers appurtenant thereto, communal burial grounds and cemeteries, penal colonies and penal farms actually worked by the inmates, and government and private research and quarantine centers; and
  64. 64. Lands with eighteen percent (18%) slope and over, except those already developed as of 15 June 1988. (Sec. 10, RA 6657)</li></li></ul><li>Proof of Ownership given to Beneficiaries<br />a. Emancipation Patents (EPs) for OLT lands;<br />b. Certificate of Land Ownership Award (CLOAs) for CA, VOS, and EO 407 lands, resettlement areas and landed estates; and<br />c. Free Patents for public lands.<br />Note: Beneficiaries of the Integrated Social Forestry Program covering agro-forestry public lands whose ownership cannot be transferred, received Certificates of Stewardship Contract (CSCs) which are good for 25 years, renewable for another 25 years.<br />
  65. 65. Department of Agrarian Reform<br /><ul><li> the lead implementing agency of CARP.
  66. 66.  undertakes land tenure improvement and development of program beneficiaries.
  67. 67. conducts land survey in resettlement areas.
  68. 68.  undertakes land acquisition and distribution and land management studies.
  69. 69. orchestrates the delivery of support services to farmer-beneficiaries and</li></ul>promotes the development of viable agrarian reform communities.<br />
  70. 70. References<br /><ul><li>
  71. 71.
  72. 72.
  73. 73.
  74. 74.
  75. 75.</li>