SSP2 semis Reform as Department of Agrarian Reform.

This had been done to expand the

functional area of the law. Apart from land
reform, the Department of Agrarian Reform
began to supervise other allied activities to
improve the economic and social status of
the beneficiaries of land reform in
Philippines.

Implementation of Agrarian Reform in

Philippines

● The implementation of Agrarian reforms

proceeded at a very slow pace. This was due
to the lack of political will. The redistribution
of land was also very slow.

Comprehensive Agrarian Reform Law:

Philippines

● The Republic Act No. 6657, alternatively

called the Comprehensive Agrarian Reform
Law was signed by President Corazon C.
Aquino on 10th June, 1988. The
Comprehensive Agrarian Reform Law is
responsible for the implementation of the
Comprehensive Agrarian Reform Program
(CARP) in Philippines. The law focused on
industrialization in Philippines together with
social justice

CARP Meaning
● Comprehensive Agrarian Reform Program of
AGRARIAN CONDITION IN THE PHILIPPINES 1988, also known as CARP, is 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.

HISTORY OF AGRARIAN REFORM

For a long period of time, the agrarian system of

Philippines was being controlled by the large
landlords. The small farmers in Philippines were
struggling for their rights to land and other
natural resources.
Agrarian reform is a 100-year history of
The Comprehensive Agrarian Reform Law: unfinished reforms after the United States took
Objectives over the country from the Spaniards. Before the
Hispanic period, there were no
● The primary objective of instituting the owner-cultivators, only communal land owned
Comprehensive Agrarian Reform law was to by the barangay which consisted of a datu,
successfully devise land reform in freemen, serfs and slaves.
Philippines. It was President Arroyo, who
signed the Executive Order No. 456 on 23rd The Spaniards replaced this traditional system
August to rename the Department of Land of land ownership, similar to existing systems

ALEX 1
among several indigenous communities today Regardless of the problems encountered by
and distributed the land (haciendas) to the CARP, the point is that CARP is not the cause of
Spanish military and the clergy or established the continuing poverty nor the obstacle to
encomiendas (administrative districts). solving it. On the contrary, completing CARP in
accordance with the mandate of the
The 1935 Constitution addressed the issue of Constitution is a necessary condition to correct
foreign access to land, i.e. corporations must social injustice, and achieve sound agricultural
have at least 60% Filipino ownership, and development and economic growth.
use-rights were limited in time. Other reforms
included limitations on interest rates on loans Of course, agrarian reform is not a panacea
and an increase in the sharecropping share that will solve all our problems. Neither is
from 50% to 70%. But very little of these laws education, nor health care, nor industrialization
were really followed in practice and the Huk nor clean elections, nor honest leadership. The
rebellion was born. fact is that the path to growth with equity is a
complex process because we need all the
Under the Magsaysay and the Macapagal programs working together to succeed.
administrations, land reform was again tackled,
such as the Mindanao resettlement program In the final analysis, the future of CARP is a
and the Land Reform Act of 1955. but no political decision of those in power with respect
significant results were really achieved in terms to two questions:
of scope and magnitude of land transfer.
➢ How much reforms is the government willing
With martial law, the whole Philippines was to implement?
declared a land reform area under PD 27.
Significant progress was made, but the ➢ How much resources is government willing to
continued practice of the share tenancy system, devote to such reforms?
coverage limitation to rice and corn lands, the
many exemptions allowed and the shortcomings
WHAT IS DAR?
in support systems (although it was Marcos who
set up the new Agrarian Reform Department) did
much to limit the effectivity of the reforms in
addressing the over-concentration of wealth
problem and rural poverty.

The CARP years since 1988 - for the first time the
program covered all agriculture lands
regardless of crop and tenurial arrangements.
Land distribution increased substantially -
about 7 million hectares with about 4.2 million
farmer beneficiaries. But the total figures hide
disturbing underperformances.

➢ and only about 1.5 million hectares of private

agricultural lands have been covered for an Department of Agrarian Reform
accomplishment rate of only about 50% ● is the lead implementing agency of
after twenty years. Comprehensive Agrarian Reform Program
(CARP). It undertakes land tenure
➢ Moreover the lack of support services, improvement and development of program
funding and infrastructure, is still prevalent. beneficiaries. DAR conducts land survey in
Of the original estimate of P220 billion to resettlement areas. It undertakes land
complete the program, only P203 billion have acquisition and distribution and land
been budgeted by Congress, of which only management studies. The DAR also
about P170 billion have been released. orchestrates the delivery of support services
to farmer-beneficiaries and promotes the
development of viable agrarian reform
THE FUTURE OF CARP communities.

While there is significant empirical evidence that The DAR logo shows the Department's acronym
agrarian reform has yielded significant benefits representing the institution and its role as the
and has the potential for even greater benefits, lead agency in the implementation of the
the fact is that it has encountered Comprehensive Agrarian Reform Program
implementation problems. (CARP).

ALEX 2
Green stands for fertility and productivity while
REPUBLIC ACT. NO. 9700
yellow represents hope and a golden harvest of
agrarian reform beneficiaries who are the
recipients of the services provided by the AN ACT STRENGTHENING THE
Department via CARP. Both colors imply that COMPREHENSIVE AGRARIAN REFORM
economic growth and sound rural development PROGRAM (CARP), EXTENDING THE
can be achieved through agrarian reform. ACQUISITION AND DISTRIBUTION OF ALL
AGRICULTURAL LANDS, INSTITUTING
Mandate NECESSARY REFORMS, AMENDING FOR THE
● The Department of Agrarian Reform (DAR) PURPOSE CERTAIN PROVISIONS OF REPUBLIC
leads the implementation of the ACT NO. 6657, OTHERWISE KNOWN AS THE
Comprehensive Agrarian Reform Program COMPREHENSIVE AGRARIAN REFORM LAW OF
(CARP) through land tenure improvement, 1988, AS AMENDED, AND APPROPRIATING
agrarian justice, and coordinated delivery of FUNDS THEREFOR
essential support services to
client-beneficiaries. SECTION 1
● Declaration of Principles and Policies. - It is
Mission the policy of the State to pursue a
● "To lead in the implementation of agrarian Comprehensive Agrarian Reform Program
reform and sustainable rural development in (CARP). The welfare of the landless farmers
the countryside through land tenure and farmworkers will receive the highest
improvement and provision of integrated consideration to promote social justice and
development services to landless farmers, to move the nation toward sound rural
farmworkers and small development and industrialization, and the
landowner-cultivators, and the delivery of establishment of owner cultivatorship of
agrarian justice". economic-size farms as the basis of
Philippine agriculture.
Vision
● "A nation where there is equitable land "The State shall promote industrialization and
ownership and empowered agrarian reform full employment based on sound agricultural
beneficiaries who are effectively managing development and agrarian reform.
their economic and social development for a
better quality of life" "The State recognizes that there is not enough
agricultural land to be divided and distributed
to each farmer and regular farmworker so that
each one can own his/her economic-size family
farm.

"A more equitable distribution and ownership of

land, with due regard to the rights of
landowners to just compensation.

"The agrarian reform program is founded on the

right of farmers and regular farmworkers, who
are landless, to own directly or collectively the
lands they till or, in the case of other
farmworkers, to receive a just share of the fruits
thereof.
Present Secretary of DAR
● Prior to his official appointment as Agrarian "As much as practicable, the implementation of
Reform Secretary last 30 June 2010, Secretary the program shall be community-based to
Virgilio de los Reyes was Vice-Dean of the assure, among others, that the farmers shall
College of Law of the De La Salle University have greater control of farmgate prices, and
in Manila. easier access to credit.

"The State shall recognize the right of farmers,

farmworkers and landowners, as well as
cooperatives and other independent farmers'
organizations, to participate in the planning,
organization, and management of the program,

"The State shall recognize and enforce,

consistent with existing laws, the rights of rural

ALEX 3
women to own and control land, taking into ● Rural women refer to women who are
consideration the substantive equality between engaged directly or indirectly in farming
men and women as qualified beneficiaries, and/or fishing as their source of livelihood,
whether paid or unpaid, regular or seasonal,
"The State shall apply the principles of agrarian or in food preparation, managing the
reform, or stewardship, whenever applicable, in household, caring for the children, and other
accordance with law, in the disposition or similar activities."
utilization of other natural resources,
SECTION 3
"The State may resettle landless farmers and ● Scope - The Comprehensive Agrarian Reform
farm workers in its own agricultural estates, Law of 1988 shall cover, regardless of tenurial
which shall be distributed to them in the arrangement and commodity produced, all
manner provided by law. public and private agricultural lands as
provided in Proclamation No. 131 and
"By means of appropriate incentives, the State Executive Order No. 229, including other
shall encourage the formation and lands of the public domain suitable for
maintenance of economic-size family farms to agriculture.
be constituted by individual beneficiaries and
small landowners. "More specifically, the following lands are
covered by the CARP:
"The State shall protect the rights of
subsistence fishermen, especially of local "(a) All alienable and disposable lands of the
communities, to the preferential use of public domain devoted to or suitable for
communal marine and fishing resources, both agriculture.
inland and offshore. It shall provide support to
such fishermen through appropriate technology "(b) All lands of the public domain in excess
and research, adequate financial, production of the specific limits as determined by
and marketing assistance and other services. Congress in the preceding paragraph;

"The State shall be guided by the principles that "(c) All other lands owned by the Government
land has a social function and land ownership devoted to or suitable for agriculture;
has a social responsibility. Owners of
agricultural land have the obligation to "(d) All private lands devoted to or suitable
cultivate directly or through labor for agriculture regardless of the agricultural
administration the lands they own and thereby products raised or that can be raised
make the land productive. thereon.

"The State shall provide incentives to SECTION 4

landowners to invest the proceeds of the ● Exception to Retention Limits - Provincial,
agrarian reform program to promote city and municipal government, units
industrialization, employment and privatization acquiring private agricultural lands by
of public sector enterprises. expropriation or other modes of acquisition
to be used for actual, direct and exclusive
"The State may lease undeveloped lands of the public purposes, such as roads and bridges,
public domain to qualified entities for the public markets, school sites, resettlement
development of capital-intensive farms, and sites, local government facilities, public
traditional and pioneering crops especially parks and barangay plazas or squares,
those for exports subject to the prior rights of consistent with the approved local
the beneficiaries under this Act." comprehensive land use plan, shall not be
subject to the five (5)-hectare retention limit.
SECTION 2
● Definitions. - Farmer refers to a natural ● Provided, That lands subject to CARP shall
person whose primary livelihood is first undergo the land acquisition and
cultivation of land or the production of distribution process of the program:
agricultural crops, livestock and/or fisheries Provided, further, That when these lands
either by himself/herself, or primarily with have been subjected to expropriation, the
the assistance of his/her immediate farm agrarian reform beneficiaries therein shall
household, whether the land is owned by be paid just compensation."
him/her, or by another person under a
leasehold or share tenancy agreement or ● Review of Limits of Land Size - Within six (6)
arrangement with the owner thereof. months from the effectivity of this Act, the
DAR shall submit a comprehensive study on

ALEX 4
 the land size appropriate for each type of
crop to Congress for a possible review of SECTION 9
limits of land sizes provided in this Act." ● Award to Beneficiaries. - The rights and
responsibilities of the beneficiaries shall
SECTION 5 commence from their receipt of a duly
● Priorities - The DAR, in coordination with the registered emancipation patent or
Presidential Agrarian Reform Council (PARC) certificate of land ownership award and their
shall plan and program the final acquisition actual physical possession of the awarded
and distribution of all remaining unacquired land. Such award shall be completed in not
and undistributed agricultural lands from more than one hundred eighty (180) days
the effectivity of this Act until June 30, 2014. from the date of registration of the title in
Lands shall be acquired and distributed as the name of the Republic of the Philippines.
follows:
"All cases involving the cancellation of
"Phase One: During the five (5)-year extension registered emancipation patents, certificates
period hereafter all remaining lands above of land ownership award, and other titles
fifty (50) hectares shall be covered for issued under any agrarian reform program
purposes of agrarian reform upon the are within the exclusive and original
effectivity of this Act. jurisdiction of the Secretary of the DAR."

"Phase Two: (a) Lands twenty-four (24) SECTION 10

hectares up to fifty (50) hectares shall ● Award Ceilings for Beneficiaries -
likewise be covered for purposes of agrarian Beneficiaries shall be awarded an area not
reform upon the effectivity of this Act, which exceeding three (3) hectares, which may
have already been subjected to a notice of cover a contiguous tract of land or several
coverage issued on or before December 10, parcels of land cumulated up to the
2008, to implement principally the rights of prescribed award limits.
farmers and regular farmworkers, who are
landless, to own directly or collectively the SECTION 11
lands they till ● Payment by Beneficiaries - Lands awarded
pursuant to this Act shall be paid for by the
"Phase Three: All other private agricultural beneficiaries to the LBP in thirty (30) annual
lands commencing with large landholdings amortizations at six percent (6%) interest per
and proceeding to medium and small annum. The annual amortization shall start
landholdings under the following schedule: one (1) year from the date of the certificate of
land ownership award registration. However,
SECTION 6 if the occupancy took place after the
● Procedure for Acquisition and Distribution of certificate of land ownership award
Private Lands registration, the amortization shall start one
(1) year from actual occupancy. The
SECTION 7 payments for the first three (3) years after
● Determination of Just Compensation - In the award shall be at reduced amounts as
determining just compensation, the cost of established by the PARC:
acquisition of the land, the value of the
standing crop, the current: value of like SECTION 12
properties, its nature, actual use and ● Transferability of Awarded Lands. - Lands
income, the sworn valuation by the owner, acquired by beneficiaries under this Act or
the tax declarations, the assessment made other agrarian reform laws shall not be sold,
by government assessors, translated into a transferred or conveyed except through
basic formula by the DAR shall be hereditary succession, or to the government.
considered, subject to the final decision of
the proper court. SECTION 13
● Funding for Support Services. - In order to
SECTION 8 cover the expenses and cost of support
● Order of Priority - A landholding of a services, at least forty percent (40%) of all
landowner shall be distributed first to appropriations for agrarian reform during
qualified beneficiaries of that same the five (5) year extension period shall be
landholding up to a maximum of three (3) immediately set aside and made available
hectares each. Only when these beneficiaries for this purpose: Provided, That the DAR shall
have all received three (3) hectares each, pursue integrated land acquisition and
shall the remaining portion of the distribution and support services strategy
landholding, if any, be distributed to other requiring a plan to be developed parallel to
beneficiaries.

ALEX 5
 the land acquisition and distribution SECTION 17
process. ● The Presidential Agrarian Reform Council. -
The Presidential Agrarian Reform Council
SECTION 14 (PARC) shall be composed of the President of
● Support Services for the Agrarian Reform the Philippines as Chairperson, the
Beneficiaries. - The State shall adopt the Secretary of Agrarian Reform as
integrated policy of support services Vice-Chairperson and the following as
delivery to agrarian reform beneficiaries. To members: Secretaries of the Departments of
this end, the DAR, the Department of Agriculture; Environment and Natural
Finance, and the Bangko Sentral ng Pilipinas Resources; Budget and Management;
(BSP) shall institute reforms to liberalize Interior and Local Government; Public Works
access to credit by agrarian reform and Highways; Trade and Industry; Finance;
beneficiaries. and Labor and Employment;
Director-General of the National Economic
SECTION 15 and Development Authority; President, Land
● Equal Support Services for Rural Women. - Bank of the Philippines; Administrator,
Support services shall be extended equally National Irrigation Administration;
to women and men agrarian reform Administrator, Land Registration Authority;
beneficiaries. and (6) representatives of affected
landowners to represent Luzon, Visayas and
"The PARC shall also ensure that rural women Mindanao; (6) representatives of agrarian
will be able to participate in all community reform beneficiaries, (2) each from Luzon,
activities. To this effect, rural women are entitled Visayas and Mindanao: Provided, That at
to self- organization in order to obtain equal least (1) of them shall be from the indigenous
access to economic opportunities and to have peoples: Provided, further, That at least (1)of
access to agricultural credit and loans, them shall come from a duly recognized
marketing facilities and technology, and other national organization of rural women or a
support services, and equal treatment in land national organization of agrarian reform
reform and resettlement schemes. beneficiaries with a substantial number of
women members: Provided, finally, That at
SECTION 16 least twenty percent (20%) of the members of
● Support Services for Landowners. - The the PARC shall be women but in no case shall
PARC, with the assistance of such other they be less than (2).
government agencies and instrumentalities
as it may direct, shall provide landowners SECTION 18
affected by the CARP and prior agrarian ● Quasi-Judicial Powers of the DAR. - The DAR
reform programs with the following services: is hereby vested with primary jurisdiction to
determine and adjudicate agrarian reform
"(a) Investment information, financial and matters and shall have exclusive original
counseling assistance, particularly jurisdiction over all matters involving the
investment information on implementation of agrarian reform, except
government-owned and/or -controlled those falling under the exclusive jurisdiction
corporations and disposable assets of the of the Department of Agriculture (DA) and
government in pursuit of national the DENR.
industrialization and economic
independence: "It shall have the power to summon witnesses,
administer oaths, take testimony, require
"(b) Facilities, programs and schemes for the submission of reports, compel the production
conversion or exchange of bonds issued for of books and documents and answers to
payment of the lands acquired with stocks interrogatories and issue subpoena, and
and bonds issued by the National subpoena duces tecum and to enforce its
Government, the BSP and other government writs through sheriffs or other duly deputized
institutions and instrumentalities; officers. It shall likewise have the power to
punish direct and indirect contempts in the
"(c) Marketing of agrarian reform bonds, as same manner and subject to the same
well as promoting the marketability of said penalties as provided in the Rules of Court.
bonds in traditional and non-traditional
financial markets and stock exchanges: SECTION 19
● Exclusive Jurisdiction on Agrarian Dispute. -
"(d) Other services designed to utilize No court or prosecutor's office shall take
productively the proceeds of the sale of such cognizance of cases pertaining to the
lands for rural industrialization. implementation of the CARP except those
provided under Section 57 of Republic Act

ALEX 6
 No. 6657, as amended. If there is an
allegation from any of the parties that the
case is agrarian in nature and one of the
parties is a farmer, farmworker, or tenant, the
case shall be automatically referred by the
judge or the prosecutor to the DAR which
shall determine and certify within fifteen (15)
days from referral whether an agrarian
dispute exists.

SECTION 20
● No Restraining Order or Preliminary
Injunction. -Except for the Supreme Court,
no court in the Philippines shall have
jurisdiction to issue any restraining order or
writ of preliminary injunction against the
PARC, the DAR, or any of its duly authorized
or designated agencies in any case, dispute
or controversy arising from, necessary to, or
in connection with the application,
implementation, enforcement, or
interpretation of this Act and other
pertinent laws on agrarian reform."

SECTION 21
● Funding Source - The amount needed to
further implement the CARP as provided in
this Act, until June 30, 2014, upon expiration
of funding under Republic Act No. 8532 and
other pertinent laws, shall be funded from
the Agrarian Reform Fund and other funding
sources in the amount of at least One
hundred fifty billion pesos
(P150,000,000,000.00).

SECTION 22
● Conversion of Lands. - After the lapse of five
(5) years from its award, when the land
ceases to be economically feasible and
sound for agricultural purposes, or the
locality has become urbanized and the land
will have a greater economic value for
residential, commercial or industrial
purposes, the DAR, upon application of the
beneficiary or the landowner with respect
only to his/her retained area which is
tenanted, with due notice to the affected
parties, and subject to existing laws, may
authorize the reclassification or conversion
of the land and its disposition.

SECTION 23
● Immunity of Government Agencies from
Undue Interference. - In cases falling within
their jurisdiction, no injunction, restraining
order, prohibition or mandamus shall be
issued by the regional trial courts, municipal
trial courts, municipal circuit trial courts,
and metropolitan trial courts against the
DAR, the DA, the DENR, and the Department
of Justice in their implementation of the
program."

ALEX 7