The redistribution of lands, regardless of crops or fruits produced, to farmers and regular farmworkers 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 and all other arrangements alternative to the physical redistribution of lands, such as production or profit-sharing, labor administration, and the distribution of shares of stocks, which will allow beneficiaries to receive a just share of the fruits of the lands they work
Social structure in pre-Spanish Philippines
Chieftains or datus (nobility)
Timawas (freemen)
Alipin (dependents or slaves)
In pre-Spanish Philippines, everyone could access the fruits of the soil, and rice served as the medium of exchange
Encomienda
A system introduced during early Spanish colonization where encomienderos were given the right to collect tributes or taxes from the inhabitants of an area, in exchange for defending them from external attack, maintaining peace and order, and supporting the missionaries
Duties of encomienderos
Give protection
Help the missionaries in the conversion of the natives to Christians
Promote education
Abuses committed by Spanish encomienderos
Brutal treatment
Excessive collection of tribute
Forcing the people to work for them
Seizure of farm animals and crops without just compensation
The colonial government tried to solve the agrarian problem by purchasing the "friar lands" from religious corporations and selling them to the servants
Many tenants soon began to resort to armed means to "get back" their land, as these lands were claimed by landlords with "land titles"
The promotion of social justice to ensure the well-being and economic security of all people should be the concern of the State
Legislations enacted during the American Period
Philippine Bill of 1902 (Cooper Act)
Land Registration Act of 1902 (Act No. 496)
Public Land Act of 1903
Tenancy Act of 1933 (Act No. 4054 and Act No. 4113)
Torrens system of land registration
A system used in the Philippines to assure a buyer that if he buys a land covered by an Original Certificate of Title (OCT) or the Transfer Certificate of Title (TCT) issued by the Registry of Deeds, the same will be absolute, indefeasible and imprescriptibly
The registration of the land under Torrens system in the name of one person does not bar evidence to show that the land is owned by another person, for example, the land is held in trust for another
Purpose of the Torrens system
1. To quiet the title to land
2. To put a stop forever to any question of legality of the title, except claims which were noted at the time of registration, in the certificate, or which may arise subsequent thereto
Legislations enacted during the Commonwealth Period
In August 8, 1963, the Macapagal Administration enacted Republic Act No. 3844, also known as the Agricultural Land Reform Code, that was hailed as one that would emancipate Filipino farmers from the bondage of tenancy
Legislations enacted during the Marcos Administration (1965-1986)
Republic Act No. 6389 (Code of Agrarian Reform)
Republic Act No. 6390 (Agrarian Reform Special Account Fund)
Presidential Decree No. 2 (declared the country under land reform program)
Presidential Decree No. 27 (restricted land reform scope to tenanted rice and corn lands and set the retention limit at 7 hectares)
On June 10, 1988, President Corazon C. Aquino signed into law Republic Act No. 6657 or otherwise known as the Comprehensive Agrarian Reform Law (CARL)
Executive Order No. 228 declared full ownership to qualified farmer-beneficiaries covered by PD 27 and determined the value remaining to be paid by the farmer-beneficiaries
Presidential Decree No. 2 declared the country under land reform program
September 26, 1972
Presidential Decree No. 2
1. Enjoined all agencies and offices of the government to extend full cooperation and assistance to the DAR
2. Activated the Agrarian Reform Coordinating Council
Presidential Decree No. 27 restricted land reform scope to tenanted rice and corn lands and set the retention limit at 7 hectares
October 21, 1972
President Corazon C. Aquino signed into law Republic Act No. 6657 or the Comprehensive Agrarian Reform Law (CARL)
June 10, 1988
The CARL was enacted to offer a lawful basis for the implementation of the Comprehensive Agrarian Reform Program or CARP
Executive Order No. 228
1. Declared full ownership to qualified farmer-beneficiaries covered by PD 27
2. Determined the value remaining unvalued rice and con lands subject of PD 27
3. Provided for the manner of payment by the FBs and mode of compensation to landowners
Executive Order No. 229
Provided mechanism for the implementation of the Comprehensive Agrarian Reform Program (CARP)
Proclamation No. 131
1. Instituted the CARP as a major program of the government
2. 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
Republic Act No. 6657 also known as the Comprehensive Agrarian Reform Law instituted a comprehensive agrarian reform program to promote social justice and industrialization providing the mechanism for its implementation and for other purposes
Executive Order No. 129-A
Streamlined and expanded the power and operations of the DAR
Executive Order No. 405
The Land Bank of the Philippines is held responsible to determine land valuation and compensation for all lands covered by CARP
Executive Order No. 407
Accelerated the acquisition and distribution of agricultural lands, pasture lands, fishponds, agro-forestry lands and other lands of the public domain suitable for agriculture
When President Fidel V. Ramos formally took over in 1992, his administration committed to the vision "Fairer, faster and more meaningful implementation of the Agrarian Reform Program"
Republic Act No. 7881
Amended certain provisions of RA 6657 and exempted fishponds and prawns from the coverage of CARP
Republic Act No. 7905
Strengthened the implementation of the CARP
Executive Order No. 363
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 (Agriculture and Fisheries Modernization Act)
Plugged the legal loopholes in land use conversion
Republic Act 8532 (Agrarian Reform Fund Bill)
Provided an additional Php50 billion for CARP and extended its implementation for another 10 years
Executive Order NO. 151 (Farmer's Trust Fund)
Allowed the voluntary consolidation of small farm operation into medium and large scale integrated enterprise that can access long-term capital